[Federal Register: September 23, 2005 (Volume 70, Number 184)]
[Rules and Regulations]
[Page 56083-56100]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23se05-21]
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Part V
Department of Transportation
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Pipeline Hazardous Materials Safety Administration
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49 CFR Parts 105, 106, 107, et al.
Hazardous Materials Regulations: Minor Editorial Corrections and
Clarifications; Final Rule
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 105, 106, 107, 110, 171, 172, 173, 176, 177, 178, 179
and 180
[Docket No. PHMSA-2005-22071 (HM-189Y)]
RIN 2137-AE08
Hazardous Materials Regulations: Minor Editorial Corrections and
Clarifications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations (HMR). In addition, this final rule revises references to
the former Research and Special Programs Administration to reflect the
creation of Pipeline and Hazardous Materials Safety Administration. The
intended effect of this rule is to enhance the accuracy, and reduce
misunderstandings of the regulations. The amendments contained in this
rule are minor changes and do not impose new requirements.
DATES: Effective date: September 28, 2005.
FOR FURTHER INFORMATION CONTACT: Kurt Eichenlaub, Office of Hazardous
Materials Standards, (202) 366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 400 Seventh
Street, SW., Washington, DC 20590-0001.
I. Background
The Norman Y. Mineta Research and Special Programs Improvement Act
of 2004 reorganized the Department of Transportation's pipeline and
hazardous materials safety programs that were formerly a part of the
Research and Special Programs Administration (RSPA). The Act created
the Pipeline and Hazardous Materials Safety Administration (PHMSA, we),
a separate operating administration. PHMSA annually reviews the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify
errors that may confuse readers. In this final rule, we revise all
references to RSPA to reflect the creation of PHMSA. This final rule
also corrects the following inaccuracies: typographical and printing
errors; incorrect references to regulations in the CFR; inaccurate
office names, routing symbols, and e-mail addresses; inconsistent use
of terminology; and misstatements of certain regulatory requirements.
Because these amendments do not impose new requirements, notice and
public procedure are unnecessary. By making these amendments effective
without the customary 30-day delay following publication, the changes
will appear in the next revision of 49 CFR.
The following is a summary by section of the changes made in this
final rule. It does not discuss all minor editorial corrections (e.g.,
punctuation errors), and certain other minor adjustments to enhance the
clarity of the HMR (e.g., corrections to office names, routing symbols
and e-mail addresses).
II. Section-by-Section Review
Part 107
Appendix A to Subpart D of Part 107: In Appendix A to Subpart D of
Part 107, in section IV, paragraph C, we are revising the reference to
``49 U.S.C. 5213(a)'' to read ``49 U.S.C. 5123(a)''.
Part 171
Section 171.6. In paragraph (b)(2), the table of OMB control
numbers is revised to reflect current control numbers, report titles,
and affected sections for collections of information.
Section 171.8. In the definition for ``Maximum Allowable Working
Pressure or MAWP,'' we are correcting the reference ``178.320(c)'' to
read ``Sec. 178.320(a)''.
Section 171.11. In paragraph (d)(6)(iv), we are amending the text
by removing ``radioactive material'' and adding ``limited quantities of
radioactive material'' in its place.
Part 172
Section 172.101. The Hazardous Materials Table (HMT). We are
correcting entries in the HMT as follows:
The entry ``Adhesives, containing a flammable liquid,''
UN1133, PG I, II and III is revised by correcting the Column (2)
Hazardous materials description and proper shipping name to read
``Adhesives, containing a flammable liquid.'' In addition, for the
Packing Group II entry, in the Column (10A) Vessel stowage
``location,'' the entry ``A'' is revised to read ``B''. The correction
appears as a ``Remove/Add'' in this rulemaking.
The entry ``Aerosols, corrosive, Packing Group II or III,
(each not exceeding 1 L capacity),'' UN1950 is revised by correcting
the Column (2) Hazardous materials description and proper shipping name
to read ``Aerosols, corrosive, Packing Group II or III, (each not
exceeding 1 L capacity).'' The correction appears as a ``Remove/Add''
in this rulemaking.
The entry ``Aerosols, flammable, (each not exceeding 1 L
capacity),'' UN1950 is revised by correcting the Column (2) Hazardous
materials description and proper shipping name to read ``Aerosols,
flammable, (each not exceeding 1 L capacity).'' The correction appears
as a ``Remove/Add'' in this rulemaking.
The entry ``Aerosols, flammable, n.o.s. (engine starting
fluid) (each not exceeding 1 L capacity),'' UN1950 is revised by
correcting the Column (2) Hazardous materials description and proper
shipping name to read ``Aerosols, flammable, n.o.s. (engine starting
fluid) (each not exceeding 1 L capacity).'' The correction appears as a
``Remove/Add'' in this rulemaking.
The entry ``Aerosols, non-flammable, (each not exceeding 1
L capacity),'' UN1950 is revised by correcting the Column (2) Hazardous
materials description and proper shipping name to read ``Aerosols, non-
flammable, (each not exceeding 1 L capacity).'' The correction appears
as a ``Remove/Add'' in this rulemaking.
The entry ``Aerosols, poison, each not exceeding 1 L
capacity,'' UN1950 is revised by correcting the Column (2) Hazardous
materials description and proper shipping name to read ``Aerosols,
poison, each not exceeding 1 L capacity.'' The correction appears as a
``Remove/Add'' in this rulemaking.
The entry ``Alkaloids, solid, n.o.s. or Alkaloid salts,
solid, n.o.s. poisonous,'' UN1544 is revised by correcting the Column
(2) Hazardous materials description and proper shipping name to read
``Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s.
poisonous.'' In addition, for the Packing Group II entry, the Column
(7) Special provision entry ``1P4'' is revised to read ``IP4.'' The
correction appears as a ``Remove/Add'' in this rulemaking.
The entry ``Aluminum alkyl halides, solid,'' UN3461 is
revised by correcting the Column (6) Label Codes entry ``4.23'' to read
``4.3''.
The entry ``Ammonium nitrate emulsion or Ammonium nitrate
suspension or Ammonium nitrate gel, intermediate for blasting
explosives,'' UN3375 is revised by correcting the Column (10B) Vessel
stowage ``Other'' entry ``60, 66, 124'' to read ``48, 59, 60, 66,
124''.
The entry ``Cartridges, safety, see Cartridges for
weapons, other than blank or Cartridges, power device (UN 0323)'' is
revised by correcting the
[[Page 56085]]
Column (2) Hazardous materials description and proper shipping name to
read ``Cartridges, safety, see Cartridges for weapons, inert
projectile, or Cartridges, small arms or Cartridges, power device (UN
0323).'' The correction appears as a ``Remove/Add'' in this rulemaking.
The entry ``Cartridges, sporting, see Cartridges for
weapons, other than blank'' is revised by correcting the Column (2)
Hazardous materials description and proper shipping name to read
``Cartridges, sporting, see Cartridges for weapons, inert projectile,
or Cartridges, small arms.'' The correction appears as a ``Remove/Add''
in this rulemaking.
The entry ``Chlorate and magnesium chloride mixture,
solid,'' UN1459, Packing Group III is removed. This entry was
inadvertently printed twice in the HMT.
The entry ``Chlorate of potash, see Potassium chlorate,''
is removed and added back. The correction appears as a ``Remove/Add''
in this rulemaking. This was done to assist the Federal Register in
locating the correct ``Chlorate and magnesium chloride mixture,
solid,'' UN1459, Packing Group III entry for removal. (see above)
The entry ``Chloroacetophenone, CN, liquid,'' UN3416 is
revised by correcting the Column (2) Hazardous materials description
and proper shipping name to read ``Chloroacetophenone, liquid, (CN).''
In addition, the Column (7) Special provisions entry is corrected to
read ``A3, IB2, N12, N32, N33, T7, TP2, TP13.'' The correction appears
as a ``Remove/Add'' in this rulemaking.
The entry ``Chloroacetophenone, CN, solid,'' UN1697 is
revised by correcting the Column (2) Hazardous materials description
and proper shipping name to read ``Chloroacetophenone, solid, (CN).''
In addition, the Column (7) Special provisions entry is corrected to
read ``A3, IB8, IP2, IP4, N12, N32, N33, N34, T3, TP2, TP13, TP33.''
The correction appears a ``Remove/Add'' in this rulemaking.
The entry ``Cyclotrimethylenenitramine and octogen,
mixtures, wetted or desensitized see RDX and HMX mixtures, wetted or
desensitized etc.'' is added to the HMT. This entry was inadvertently
removed under Docket HM-215G (70 FR 34381).
The entry ``Denatured Alcohol,'' NA1987 is revised by
correcting Column (7) to remove obsolete special provisions ``T 31''
and ``T 30.''
The entry ``Etching acid, liquid, n.o.s., see Hydrofluoric
acid, solution etc.'' is revised by correcting the Column (2) Hazardous
materials description and proper shipping name to read ``Etching acid,
liquid, n.o.s., see Hydrofluoric acid, etc.'' The correction appears as
a ``Remove/Add'' in this rulemaking.
The entry ``Fissile radioactive materials, see Radioactive
material, fissile, n.o.s.'' is removed.
The entry ``Gasoline,'' UN1203 is revised by correcting
Column (7) Special provisions entries ``144, B33, T8'' to read ``144,
B1, B33, T8.''
The entry ``Hydrogen iodid solution, see Hydriodic acid,''
is revised by correcting the Column (2) Hazardous materials description
and proper shipping name to read ``Hydrogen iodide solution, see
Hydriodic acid.'' The correction appears as a ``Remove/Add'' in this
rulemaking.
The entry ``Nitrocresols, solid,'' UN2446 is revised by
correcting the Column (7) Special provision entry ``TP3'' to read
``IP3.''
The entry ``Organometallic substance, liquid, water-
reactive, flammable,'' UN3399 is revised by correcting the Column (1)
Symbols to add a ``G'' symbol.
The entry ``Radioactive material, Type A package non-
special form, non fissile, or fissile excepted,'' UN2915 is revised by
correcting Columns (8B) and (8C) to read ``415, 418'' and ``415, 419''
respectively.
The entry ``Receptacles, small, containing gas (gas
cartridges) non-flammable, without release device, not refillable and
not exceeding 1 L capacity'' is added. This entry was inadvertently
removed under Docket HM-215G (70 FR 34381).
The entry ``Samples, explosive, other than initiating
explosives,'' UN1090 is revised by correcting the Column (2) Hazardous
materials description and proper shipping name to read ``Samples,
explosive, other than initiating explosives.'' In addition, the Column
(4) entry ``UN1090'' is revised to read ``UN0190'' and the Column 10B
entry ``12E'' is removed. The correction appears as a ``Remove/Add'' in
this rulemaking.
The entry ``Selenium compound, liquid, n.o.s.,'' is
revised by correcting the Column (7) Special provision entry ``TP14''
to read ``T14.''
The entry ``Sulfuric acid, fuming with 30 percent or more
free sulfur trioxide,'' UN1831 is revised by correcting the Column (1)
Symbols to add a ``+'' symbol.
The entry ``Trinitrochlorobenzene (picry1 chloride),
wetted, with not less than 10% water by mass,'' UN3365 is revised by
correcting the Column (2) Hazardous materials description and proper
shipping name to read ``Trinitrochlorobenzene (picryl chloride),
wetted, with not less than 10% water by mass.'' The correction appears
as a ``Remove/Add'' in this rulemaking.
Section 172.102. In paragraph (c)(1), in Special provision 144, we
are correcting the reference ``40 CFR 180.12'' to read ``40 CFR
280.12''. In paragraph (c)(1), we are editorially revising Special
provision 132 for clarity. In paragraph (c)(4), in the Table 1.--IB
CODES (IBC CODES), in the IB2 entry, a typographical error is
corrected.
Section 172.203. We are removing a requirement in paragraph (m) to
include the word ``Poison'' or ``Toxic'' on a shipping paper if the
fact that it is a poison is not disclosed in the shipping name or class
entry. The requirement is no longer necessary because Sec.
172.202(a)(2) requires the subsidiary hazard class(es) to be entered
following the primary hazard class or division number.
Section 172.322. We are adding a new paragraph (f) to reference the
exception for marine pollutants in Sec. 171.4(c).
Part 173
Section 173.3. In Sec. 173.3, paragraph (c) introductory text is
amended to include the proper tense of the word ``place.'' In addition,
grammatical errors were corrected for clarity.
Section 173.4. In paragraph (a) (10), we are revising the text to
remove an obsolete package marking statement.
Section 173.134. In paragraph (c)(1)(ii), we are correcting the
reference ``29 CFR 1910.103'' to read ``29 CFR 1910.1030''.
Section 173.222. In paragraph (c)(2), we are correcting the
conversion ``0.5 L (0.3 gallons)'' to read ``0.5 L (0.1 gallon)''.
Section 173.227. In Sec. 173.227, in the section heading, a
typographical error is corrected.
Section 173.315. Section 173.315(a) is revised to clarify that UN
portable tanks used to transport liquefied gas must be loaded and
offered in accordance with Special Provision T50 in Sec. 172.102 and
must otherwise comply with the requirements of Sec. 173.315.
Section 173.403. In the definition for ``Radioactive instrument or
article,'' we are correcting the wording ``such as an instrument such
as an instrument'' to read ``such as an instrument''.
Section 173.418. We are revising paragraph (e) to remove the
reference to Column (8) of the HMT for authorized Type B packagings for
pyrophoric Class 7 (radioactive) materials, because the entries for
pyrophoric Class 7
[[Page 56086]]
(radioactive) materials no longer appear in the HMT.
Section 173.421. We are correcting paragraph (a)(5) to state that a
package may not contain fissile material unless excepted by Sec.
173.453. Under Sec. 173.421(a)(5) a package is limited to contain 15
grams or less of uranium-235. This package exception limit is actually
in Sec. 173.453 not Sec. 173.426, and only applies to packages
containing fissile material.
Section 173.427. In paragraph (b)(5)(i), we are correcting the
reference ``(Sec. Sec. 179.200, 179.201, 179.202 of this subchapter)''
to read ``(Sec. Sec. 173.31, and 179.201-1 to 179.201-11 of this
subchapter)''.
Section 173.465. In paragraph (c)(1), we are correcting the
reference to ``Table 12'' to read ``Table 10''. Additionally, in column
one of Table 10, we are correcting the wording ``Packaging mass'' to
read ``Package mass''.
Part 176
Section 176.144. In Sec. 176.144, in paragraph (a), in the ``TABLE
176.144(a)--AUTHORIZED MIXED STOWAGE FOR EXPLOSIVES,'' for
compatibility groups ``E'' and ``F'' a typographical error which
occurred during the printing process is corrected.
Section 176.905. In paragraph (i)(3), we are correcting the
reference ``46 CFR 70.10-44'' to read ``46 CFR 70.10-1''.
Part 177
Section 177.848. We are reinstating a prohibition for storing,
loading and transporting cyanides and cyanide mixtures or solutions
with acids if a mixture of the materials would generate hydrogen
cyanide. In a final rule published January 24, 2005, under Docket No.
PHMSA 03-16370 (HM-233; 70 FR 3304), we revised paragraph (c) by adding
a cross-reference to the Sec. 173.12(e) exceptions from segregation
requirements for storage, loading and transportation of cyanides,
cyanide mixture or solutions with acids. We inadvertently removed the
prohibition for loading, storage and transportation of cyanides,
cyanide mixtures or solutions with acids when, if mixed the materials
would generate hydrogen cyanide. In this final rule, we are reinstating
the prohibition.
Part 178
Section 178.245-1. In paragraph (e), we are correcting the
reference ``Sec. 173.300'' to read ``Sec. 173.115''.
Section 178.345-1. In paragraph (c), in the definition for
``MAWP,'' we are correcting the reference ``Sec. 178.345-1(k)'' to
read ``Sec. 178.320(a)''.
Section 178.350. We are revising this section to clarify that the
term ``Packaging manufacturer'' used in Sec. 178.3, for purposes of
this section, means the person certifying that the package meets all
requirements of Sec. 173.412.
Part 180
Section 180.352. On December 20, 2004, we published a final rule
under Docket Number RSPA-04-17036 (HM-215G). In that final rule, we
added a new paragraph (d)(i)(iv) authorizing retests and inspections
performed under paragraphs (d)(1)(i) and (d)(1)(ii) of this section to
be used to satisfy the tests and inspections required of paragraph (b)
of this section (69 FR 76186). However, an editorial error occurred
during the printing process that caused the text in revised paragraphs
(e) and (f) and the text in new paragraph (g) to be inadvertently
omitted. The original intent of this change was to keep the ``repair''
and ``routine maintenance'' requirements in this section separate.
Therefore, we are revising Sec. 180.352 to correct this editorial
error.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This final rule is published under authority of Federal hazardous
materials transportation law (Federal hazmat law; 49 U.S.C. 5101 et
seq.). Section 5103(b) of Federal hazmat law authorizes the Secretary
of Transportation to prescribe regulations for the safe transportation,
including security, of hazardous materials in intrastate, interstate,
and foreign commerce.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rule is not
significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034). Because this rule has no
economic impact, it is not necessary to prepare a regulatory impact
analysis.
C. Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 13132 (``Federalism''). This final rule
does not adopt any regulation that: (1) Has substantial direct effects
on the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government; (2) imposes substantial direct compliance
costs on State and local governments; or (3) preempts State law. PHMSA
is not aware of any State, local, or Indian tribe requirements that
would be preempted by correcting editorial errors and making minor
regulatory changes. This final rule does not have sufficient federalism
impacts to warrant the preparation of a federalism assessment.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply, and a tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
editorial changes which will not impose any new requirements on persons
subject to the HMR; thus, there are no direct or indirect adverse
economic impacts for small units of government, businesses or other
organizations.
F. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $120.7
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
G. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
H. Environmental Impact Analysis
There are no environmental impacts associated with this final rule.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified
[[Page 56087]]
Agenda in April and October of each year. The RIN number contained in
the heading of this document can be used to cross-reference this action
with the Unified Agenda.
List of Subjects
49 CFR Part 105
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 106
Administrative practice and procedure, Hazardous materials
transportation.
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 110
Disaster assistance, Education, Grant programs-environmental
protection, Grant programs-Indians, Hazardous materials transportation,
Hazardous substances, Indians, Reporting and recordkeeping
requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 176
Hazardous materials transportation, Maritime carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 177
Hazardous materials transportation, Motor carriers, Radioactive
materials, Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
0
In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:
PART 105--HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL
PROCEDURES
0
1. The authority citation for part 105 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 105--[NOMENCLATURE CHANGE]
0
2. In part 105, the acronym ``RSPA'' is removed and ``PHMSA'' is added
each place it appears in the following places:
a. Section 105.26 section heading;
b. Section 105.26 in two places;
c. Section 105.30 introductory text;
d. Section 105.30(b) in two places;
e. Section 105.35 section heading;
f. Section 105.35(a); introductory text;
g. Section 105.45(a) in two places;
h. Section 105.45(b)(2) in three places;
i. Section 105.45(b)(3);
j. Section 105.50(a);
k. Section 105.50(d);
l. Section 105.55(a) introductory text in two places; and
m. Section 105.55(b) in two places.
0
3. Amend Sec. 105.5, by revising paragraph (a), and the definitions of
``Associate Administrator'' and ``File or Filed'' in paragraph (b), to
read as follows:
Sec. 105.5 Definitions.
(a) This part contains the definitions for certain words and
phrases used throughout this subchapter (49 CFR parts 105 through 110).
At the beginning of each subpart, the Pipeline and Hazardous Materials
Safety Administration (``PHMSA'' or ``we'') will identify the defined
terms that are used within the subpart--by listing them--and refer the
reader to the definitions in this part. This way, readers will know
that PHMSA has given a term a precise meaning and will know where to
look for it.
* * * * *
(b) * * *
Associate Administrator means Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous Materials Safety
Administration.
* * * * *
File or Filed means received by the appropriate PHMSA or other
designated office within the time specified in a regulation or
rulemaking document.
* * * * *
0
4. Section 105.20 is revised to read as follows:
Sec. 105.20 Guidance and interpretations.
(a) Hazardous materials regulations. You can obtain information and
answers to your questions on compliance with the hazardous materials
regulations (49 CFR parts 171 through 180) and interpretations of those
regulations by contacting PHMSA's Office of Hazardous Materials Safety
as follows:
(1) Call the Hazardous Materials Information Center at 1-800-467-
4922 (in Washington, DC, call (202) 366-4488). The Center is staffed
from 9 a.m. through 5 p.m. Eastern time, Monday through Friday except
Federal holidays. After hours, you can leave a recorded message and
your call will be returned by the next business day.
(2) E-mail the Hazardous Materials Information Center at
infocntr@dot.gov.
(3) Obtain hazardous materials safety information via the Internet
at http://www.phmsa.dot.gov.
(4) Send a letter, with your return address and a daytime telephone
number, to: Office of Hazardous Materials Standards, Pipeline and
Hazardous Materials Safety Administration, Attn: PHH-10, U.S.
Department of Transportation, 400 7th Street SW., Washington, DC 20590-
0001.
(b) Federal hazardous materials transportation law and preemption.
You can obtain information and answers to your questions on Federal
hazardous materials transportation law, 49 U.S.C. 5101 et seq., and
Federal preemption of State, local, and Indian tribe hazardous material
transportation requirements, by contacting PHMSA's Office of the Chief
Counsel as follows:
(1) Call the office of the Chief Counsel at (202) 366-4400 from 9
a.m. to 5 p.m. Eastern time, Monday through Friday except Federal
holidays.
(2) Access information from the Office of the Chief Counsel via the
Internet at http://www.phmsa.dot.gov.
(3) Send a letter, with your return address and a daytime telephone
number, to: Office of the Chief Counsel, Pipeline and Hazardous
Materials Safety Administration, Attn: PHC-10, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
[[Page 56088]]
(4) Contact the Office of the Chief Counsel for a copy of
applications for preemption determinations, waiver of preemption
determinations, and inconsistency rulings received by PHMSA before
February 1, 1997.
0
5. Section 105.25 is revised to read as follows:
Sec. 105.25 Reviewing public documents.
PHMSA is required by statute to make certain documents and
information available to the public. You can review and copy publicly
available documents and information at the locations described in this
section.
(a) DOT Docket Management System. Unless a particular document says
otherwise, the following documents are available for public review and
copying at the Department of Transportation's Docket Management System,
Room PL 401, 400 7th Street, SW., Washington, DC 20590-0001, or for
review and downloading through the Internet at http://dms.dot.gov.
(1) Rulemaking documents in proceedings started after February 1,
1997, including notices of proposed rulemaking, advance notices of
proposed rulemaking, public comments, related Federal Register notices,
final rules, appeals, and PHMSA's decisions in response to appeals.
(2) Applications for exemption numbered DOT-E 11832 and above. Also
available are supporting data, memoranda of any informal meetings with
applicants, related Federal Register notices, public comments, and
decisions granting or denying exemptions applications.
(3) Applications for preemption determinations and waiver of
preemption determinations received by PHMSA after February 1, 1997.
Also available are public comments, Federal Register notices, and
PHMSA's rulings, determinations, decisions on reconsideration, and
orders issued in response to those applications.
(b) Office of Pipeline and Hazardous Materials Safety
Administration's Office of Hazardous Materials Safety.
(1) You may obtain documents (e.g., proposed and final rules,
notices, letters of clarification, safety notices, DOT forms and other
documents) by contacting the Hazardous Materials Information Center at
1-800-467-4922 or through the Internet at http://www.phmsa.dot.gov.
(2) Upon your written request, we will make the following documents
and information available to you:
(i) Appeals under 49 CFR part 107 and PHMSA's decisions issued in
response to those appeals.
(ii) Records of compliance order proceedings and PHMSA compliance
orders.
(iii) Applications for approvals, including supporting data,
memoranda of any informal meetings with applicants, and decisions
granting or denying approvals applications.
(iv) Applications for exemptions numbered below DOT-E 11832 and
related background information are available for public review and
copying at the Office of Hazardous Materials Safety, Office of
Hazardous Materials Exemptions and Approvals, U.S. Department of
Transportation, Room 8100, 400 7th Street, SW., Washington, DC 20590-
0001.
(v) Other information about PHMSA's hazardous materials program
required by statute to be made available to the public for review and
copying and any other information PHMSA decides should be available to
the public.
(3) Your written request to review documents should include the
following:
(i) A detailed description of the documents you wish to review.
(ii) Your name, address, and telephone number.
(4) Send your written request to: Associate Administrator for
Hazardous Materials Safety, Pipeline and Hazardous Materials Safety
Administration, Attn: PHH-1, U.S. Department of Transportation, 400 7th
Street, SW., Washington, DC 20590-0001.
0
6. In Sec. 105.40, paragraph (d) is revised to read as follows:
Sec. 105.40 Designated agents for non residents.
* * * * *
(d) Address. Send your designation to: Office of Hazardous
Materials Exemptions and Approvals, Pipeline and Hazardous Materials
Safety Administration, Attn: PHH-30, U.S. Department of Transportation,
400 7th Street, SW., Washington, DC 20590-0001.
* * * * *
PART 106--RULEMAKING PROCEDURES
0
7. The authority citation for part 106 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 106--[NOMENCLATURE CHANGE]
0
8. In part 106, the acronym ``RSPA'' is removed and ``PHMSA'' is added
in each place it appears in the following places:
a. Subpart A, Title;
b. Section 106.15;
c. Section 106.25 introductory text;
d. Section 106.35 in three places;
e. Section 106.40 introductory text;
f. Section 106.60;
g. Section 106.75 introductory text in three places;
h. Section 106.80;
i. Section 106.85(a);
j. Section 106.85(b);
k. Section 106.90 introductory text;
l. Section 106.90(c);
m. Section 106.105 section heading;
n. Section 106.110 section heading and introductory text;
o. Section 106.110(b);
p. Section 106.115(a)(4);
q. Section 106.130 section heading and introductory text;
r. Section 106.130(a)(4) in two places;
s. Section 106.130(b)(1); and
t. Section 106.130(b)(2) in two places.
PART 106--[NOMENCLATURE CHANGE]
0
9. In part 106, the acronym ``RSPA's'' is removed and ``PHMSA's'' is
added each place it appears in the following places:
a. Section 106.20;
b. Section 106.40(e);
c. Section 106.55 introductory text;
d. Section 106.110(a) in three places;
e. Section 106.115(a) introductory text in two places; and
f. Section 106.115(b) introductory text.
0
10. In Sec. 106.10 paragraph (a) introductory text, and (b)(2) are
revised to read as follows:
Sec. 106.10 Process for issuing rules.
(a) PHMSA (``we'') uses informal rulemaking procedures under the
Administrative Procedure Act (5 U.S.C. 553) to add, amend, or delete
regulations. To propose or adopt changes to a regulation, PHMSA may
issue one or more of the following documents. We publish the following
rulemaking documents in the Federal Register unless we name and
personally serve a copy of a rule on every person subject to it:
* * * * *
(b) * * *
(2) PHMSA's legal authority for issuing the rulemaking document.
* * * * *
0
11. Section 106.45 is revised to read as follows:
Sec. 106.45 Tracking rulemaking actions.
The following identifying numbers allow you to track PHMSA's
rulemaking activities:
(a) Docket number. We assign an identifying number, called a docket
[[Page 56089]]
number, to each rulemaking proceeding. Each rulemaking document that
PHMSA issues in a particular rulemaking proceeding will display the
same docket number. This number allows you to do the following:
(1) Associate related documents that appear in the Federal
Register.
(2) Search the DOT Docket Management System (``DMS'') for
information on particular rulemaking proceedings--including notices of
proposed rulemaking, public comments, petitions for rulemaking,
appeals, records of additional rulemaking proceedings and final rules.
There are two ways you can search the DMS:
(i) Visit the public docket room and review and copy any docketed
materials during regular business hours. The DOT Docket Management
System is located at the U.S. Department of Transportation, Plaza Level
401, 400 7th Street, SW., Washington, DC 20590-0001.
(ii) View and download docketed materials through the Internet at
http://dms.dot.gov.
(b) Regulation identifier number. The Department of Transportation
publishes a semiannual agenda of all current and projected Department
of Transportation rulemakings, reviews of existing regulations, and
completed actions. This semiannual agenda appears in the Unified Agenda
of Federal Regulations that is published in the Federal Register in
April and October of each year. The semiannual agenda tells the public
about the Department's--including PHMSA's--regulatory activities. The
Department assigns a regulation identifier number (RIN) to each
individual rulemaking proceeding in the semiannual agenda. This number
appears on all rulemaking documents published in the Federal Register
and makes it easy for you to track those rulemaking proceedings in both
the Federal Register and the semiannual regulatory agenda itself, as
well as to locate all documents in the Docket Management System
pertaining to a particular rulemaking.
0
12. Section 106.95 is revised to read as follows:
Sec. 106.95 Requesting a change to the regulations.
You may ask PHMSA to add, amend, or delete a regulation by filing a
petition for rulemaking as follows:
(a) For regulations in 49 CFR parts 110, 130, 171 through 180,
submit the petition to: Office of Hazardous Materials Standards,
Pipeline and Hazardous Materials Safety Administration, Attn: PHH-10,
U.S. Department of Transportation, 400 7th Street, SW., Washington, DC
20590-0001.
(b) For regulations in 49 CFR parts 105, 106, or 107, submit the
petition to: Office of the Chief Counsel, Pipeline and Hazardous
Materials Safety Administration, Attn: PHC-10, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
0
13. Section 106.120 is revised to read as follows:
Sec. 106.120 Appeal deadline.
(a) Appeal of a final rule or withdrawal of a notice of proposed
rulemaking. If you appeal PHMSA's issuance of a final rule or PHMSA's
withdrawal of a proposed rulemaking, your appeal document must reach us
no later than 30 days after the date PHMSA published the regulation or
the withdrawal notice in the Federal Register. After that time, PHMSA
will consider your appeal to be a petition for rulemaking under Sec.
106.100.
(b) Appeal of a decision. If you appeal PHMSA's decision on a
petition for rulemaking, your appeal document must reach us no later
than 30 days from the date PHMSA served you with written notice of
PHMSA's decision.
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
14. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; Pub. L. 101-410 section 4
(28 U.S.C. 2461 note); Pub. L. 104-121 sections 212-213; Pub. L.
104-134 section 31001; 49 CFR 1.45, 1.53.
PART 107--[NOMENCLATURE CHANGE]
0
15. In part 107, the acronym ``RSPA'' is removed and ``PHMSA'' is added
in each place it appears in the following places:
a. Section 107.1 definitions of ``Approval Agency,'' ``Filed,'' and
``Respondent'';
b. Section 107.111;
c. Section 107.310(e);
d. Section 107.327(a)(1)(iii);
e. Section 107.337;
f. Section 107.339;
g. Appendix A to Subpart D, Part IV(A.)(1);
h. Section 107.402(b)(2);
i. Section 107.403(c);
j. Section 107.503(c);
k. Section 107.608(c);
l. Section 107.616(d)(1);
m. Section 107.616(d)(3);
n. Section 107.620(a)(1);
o. Section 107.620(a)(2);
p. Section 107.620(b);
q. Section 107.711; and
r. Section 107.803(a).
PART 107--[NOMENCLATURE CHANGE]
0
16. In part 107, the acronym ``RSPA's'' is removed and ``PHMSA's'' is
added in each place it appears in the following places:
a. Section 107.310(b)(2); and
b. Appendix A to Subpart D, Part IV(A.)(1).
PART 107--[NOMENCLATURE CHANGE]
0
17. In part 107, ``Research and Special Programs Administration'' is
removed and ``Pipeline and Hazardous Materials Safety Administration''
is added in each place it appears in the following places:
a. Section 107.1 definitions of ``Administrator and Associate
Administrator'';
b. Section 107.127(a);
c. Section 107.203(b)(1)(i);
d. Section 107.215(b)(1)(i);
e. Section 107.301;
f. Section 107.305(b)(4);
g. Section 107.335; and
h. Section 107.705(a)(1).
PART 107--[NOMENCLATURE CHANGE]
0
18. In part 107, ``aahmspreemption@rspa.dot.gov'' is removed and
``aahspreemption@dot.gov'' is added in each of the following places:
a. Section 107.203(b)(1)(iii); and
b. Section 107.215(b)(1)(iii).
PART 107--[NOMENCLATURE CHANGE]
0
19. In part 107, ``Approvals@rspa.dot.gov'' is removed and
``approvals@dot.gov'' is added in each place it appears in the
following places:
a. Section 107.402(a); and
b. Section 107.705(a)(1).
0
20. In Sec. 107.105, paragraph (a)(1) is revised to read as follows:
Sec. 107.105 Application for exemption.
(a) * * *
(1) Be submitted for timely consideration, at least 120 days before
the requested effective date, in duplicate to: Associate Administrator
for Hazardous Materials Safety (Attention: Exemptions, PHH-31),
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, you may send the
[[Page 56090]]
application with any attached supporting documentation submitted in an
appropriate format by facsimile (fax) to: (202) 366-3753 or (202) 366-
3308 or by electronic mail (e-mail) to: Exemptions@dot.gov;
* * * * *
0
21. In Sec. 107.107, paragraph (b)(1) is revised to read as follows:
Sec. 107.107 Application for party status.
(b) * * *
(1) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Exemptions, PHH-31), Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, you may send the application with any attached
supporting documentation in an appropriate format by facsimile (fax)
to: (202) 366-3753 or (202) 366-3308 or by electronic mail (e-mail) to:
Exemptions@dot.gov;
* * * * *
0
22. In Sec. 107.109, paragraph (a)(1) is revised to read as follows
Sec. 107.109 Application for renewal.
(a) * * *
(1) Be submitted in duplicate to: Associate Administrator for
Hazardous Materials Safety (Attention: Exemptions, PHH-31), Pipeline
and Hazardous Materials Safety Administration, U.S. Department of
Transportation, 400 7th Street, SW., Washington, DC 20590-0001.
Alternatively, you may send the application, with any attached
supporting documentation submitted in an appropriate format by
facsimile (fax) to: (202) 366-3753 or (202) 366-3308 or by electronic
mail (e-mail) to: Exemptions@dot.gov;
* * * * *
0
22a. In Sec. 107.117 paragraph (d)(5) is revised to read as follows:
Sec. 107.117 Emergency Processing.
* * * * *
(d) * * *
(5) Water Transportation: Chief, Hazardous Materials Standards
Division, Office of Operating and Environmental Standards, U.S. Coast
Guard, U.S. Department of Homeland Security, Washington, DC 20593-0001;
(202) 267-1217 (day); 1-800-424-8802 (night).
* * * * *
0
23. Section 107.325 is revised to read as follows:
Sec. 107.325 Appeals.
(a) Hearing proceedings. A party aggrieved by an ALJ's decision and
order issued under Sec. 107.323, may file a written appeal in
accordance with paragraph (c) of this section with the Administrator,
Office of the Administrator, Pipeline and Hazardous Materials Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.
(b) Non-Hearing proceedings. A respondent aggrieved by an order
issued under Sec. 107.317, may file a written appeal in accordance
with paragraph (c) of this section with the Administrator, Office of
the Administrator, Pipeline and Hazardous Materials Safety
Administration, 400 Seventh Street, SW., Washington, DC 20590-0001.
(c) An appeal of an order issued under this subpart must:
(1) Be filed within 20 days of receipt of the order by the
appealing party; and
(2) State with particularity the findings in the order that the
appealing party challenges, and include all information and arguments
pertinent thereto.
(d) If the Administrator, PHMSA, affirms the order in whole or in
part, the respondent must comply with the terms of the decision within
20 days of the respondent's receipt thereof, or within the time
prescribed in the order. If the respondent does not comply with the
terms of the decision within 20 days of receipt, or within the time
prescribed in the order, the case may be referred to the Attorney
General for action to enforce the terms of the decision.
(e) The filing of an appeal stays the effectiveness of an order
issued under Sec. 107.317 or Sec. 107.323. However, if the
Administrator, PHMSA, determines that it is in the public interest, he
may keep an order directing compliance in force pending appeal.
Sec. 107.402 [Amended]
0
24. In Sec. 107.402, in paragraph (a), ``DHM-32'' is removed and
``PHH-32'' is added in its place.
Sec. 107.608 [Amended]
0
25. In Sec. 107.608, in paragraph (d), ``DHM-60'' is removed and
``PHH-60'' is added in its place.
Sec. 107.705 [Amended]
0
26. In Sec. 107.705, in paragraph (a)(1), ``DHM-32'' is removed and
``PHH-32'' is added in its place.
Sec. 107.805 [Amended]
0
27. In Sec. 107.805, in paragraph (g), ``DHM-32'' is removed and
``PHH-32'' is added in its place.
Appendix A to Subpart D [Amended]
0
28. In part 107, Appendix A to Subpart D, Part IV, paragraph C., in the
first sentence the reference to ``49 U.S.C. 5213(a)'' is revised to
read ``49 U.S.C. 5123(a)''.
PART 110--HAZARDOUS MATERIALS PUBLIC SECTOR TRAINING AND PLANNING
GRANTS
0
29. The authority citation for part 110 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 110--[NOMENCLATURE CHANGE]
0
30. In part 110, ``Research and Special Programs Administration'' is
removed and ``Pipeline and Hazardous Materials Safety Administration''
is added in each place it appears in the following places:
a. Section 110.5(c);
b. Section 110.20 definition of ``Associate Administrator'';
c. Section 110.30(a) introductory text; and
d. Section 110.120.
Sec. 110.130 [Amended]
0
31. In Sec. 110.130 remove ``RSPA'' and add ``PHMSA'' in its place.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
32. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.
PART 171--[NOMENCLATURE CHANGE]
0
33. In part 171, the acronym ``RSPA'' is removed and ``PHMSA'' is added
in each place it appears in the following places:
a. Section 171.20(a); and
b. Section 171.20(c).
PART 171--[NOMENCLATURE CHANGE]
0
34. In part 171, ``Research and Special Programs Administration'' is
removed and ``Pipeline and Hazardous Materials Safety Administration''
is added in each place it appears in the following places:
a. Section 171.8 definitions of ``Associate Administrator'';
b. Section 171.16(b)(1); and
c. Section 171.20(b).
0
35. In Sec. 171.6, in paragraph (b)(2) table, the following changes
are made:
0
a. In the entries for Current OMB Control Nos. ``2137-0018,'' ``2137-
0039,'' ``2137-0051,'' ``2137-0542,'' and ``2137-0559,'' the text in
column 2 is revised, and
[[Page 56091]]
0
b. An entry for OMB Control No. ``2137-0591'' is added, in numerical
order.
The revisions and addition read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
* * * * *
----------------------------------------------------------------------------------------------------------------
Title 49 CFR part or section where
Current OMB control No. Title identified and described
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2137-0018.............................. Inspection and Testing of * * *
Portable Tanks and
Intermediate Bulk Containers.
* * * * * * *
2137-0039.............................. Hazardous Materials Incidents * * *
Reports.
2137-0051.............................. Rulemaking, Exemption, and * * *
Preemption Requirements.
* * * * * * *
2137-0542.............................. Flammable Cryogenic Liquids.... * * *
* * * * * * *
2137-0559.............................. (Rail Carriers and Tank Car * * *
Tank Requirements)
Requirements for Rail Tank Car
Tanks--Transportation of
Hazardous Materials by Rail.
* * * * * * *
2137-0591.............................. Response Plans for Shipments of Part 130.
Oil.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
0
36. In Sec. 171.8 the following changes are made:
0
a. In the definition for ``Maximum Allowable Working Pressure or
MAWP,'' the reference to ``Sec. 178.320(c)'' is removed and ``Sec.
178.320(a)'' is added in its place.
0
b. The definition of ``RSPA'' is removed.
0
c. The definition of ``PHMSA'' is added in the appropriate alphabetical
sequence to read as follows:
Sec. 171.8 Definitions.
* * * * *
PHMSA means the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
* * * * *
Sec. 171.11 [Amended]
0
37. In Sec. 171.11, in paragraph (d)(6)(iv), the wording ``radioactive
material'' is removed and the wording ``limited quantities of
radioactive material'' is added in its place.
Sec. 171.16 [Amended]
0
38. In Sec. 171.16, in paragraph (b)(1), ``DHM-63'' is removed and
``PHH-63'' is added in each place that it appears.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
39. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 172--[NOMENCLATURE CHANGE]
0
40. In Part 172, the acronym ``RSPA'' is removed and ``PHMSA'' is added
in each of the following places:
b. Section 172.101, Appendix A, Table 2, Footnote * * *.
0
41. In Sec. 172.101, the Hazardous Materials Table is amended by
removing, adding and revising, in the appropriate alphabetical
sequence, the following entries to read as follows:
[[Page 56092]]
Sec. 172.101 Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage
materials Hazard ---------------------------------------------------------------------------------------------------------------
Symbols descriptions and class or Identification PG Label codes Special
proper shipping division numbers provisions Exceptions Non-bulk Bulk Passenger Cargo aircraft Location Other
names aircraft/rail only
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
-----------------
* * * * * * *
Adhesives, 3 UN1133........... I.............. 3................. B42, T11, TP1, 150........... 201........... 243........... 1 L........... 30 L.......... B............. ..............
containing a TP8, TP27.
flammable liquid.
.................. .......... ................. II............. 3................. 149, B52, IB2, 150........... 173........... 242........... 5 L........... 60 L.......... A............. ..............
T4, TP1, TP8.
.................. .......... ................. III............ 3................. B1, B52, IB3, 150........... 173........... 242........... 60 L.......... 220 L......... A............. ..............
T2, TP1.
* * * * * * *
Aerosols, 2.2 UN1950........... ............... 2.2, 8............ A34........... 306........... None.......... None.......... 75 kg......... 150 kg........ A............. 48, 87, 126
corrosive,
Packing Group II
or III (each not
exceeding 1 L
capacity).
Aerosols, 2.1 UN1950........... ............... 2.1............... N82........... 306........... None.......... None.......... 75 kg......... 150 kg........ A............. 48, 87, 126
flammable, (each
not exceeding 1 L
capacity).
Aerosols, 2.1 UN1950........... ............... 2.1............... N82........... 306........... 304........... None.......... Forbidden..... 150 kg........ A............. 48, 87, 126
flammable, n.o.s.
(engine starting
fluid) each not
exceeding 1 L
capacity).
Aerosols, non- 2.2 UN1950........... ............... 2.2............... .............. 306........... None.......... None.......... 75 kg......... 150 kg........ A............. 48, 87, 126
flammable, (each
not exceeding 1 L
capacity).
Aerosols, poison, 2.2 UN1950........... ............... 2.2, 6.1.......... .............. 306........... None.......... None.......... Forbidden..... Forbidden..... A............. 48, 87, 126
(each not
exceeding 1 L
capacity).
* * * * * * *
G............... Alkaloids, solid, 6.1 UN1544........... I.............. 6.1............... IB7, IP1, T6, None.......... 211........... 242........... 5 kg.......... 50 kg......... A............. ..............
n.o.s. or TP33.
Alkaloid salts,
solid, n.o.s.
poisonous.
.......... ................. II............. 6.1............... IB8, IP2, 1P4, 153........... 212........... 242........... 25 kg......... 100 kg........ A............. ..............
T3, TP33.
.......... ................. III............ 6.1............... IB8, IP3, T1, 153........... 213........... 240........... 100 kg........ 200 kg........ A............. ..............
TP33.
* * * * * * *
Cartridges, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
safety, see
Cartridges for
weapons, other
than blank or
Cartridges, power
device (UN 0323).
[[Page 56093]]
* * * * * * *
Cartridges, .......... ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
sporting, see
Cartridges for
weapons, other
than blank.
* * * * * * *
Chlorate and 5.1 UN1459........... III............ 5.1............... A9, IB8, IP3, 152........... 213........... 240........... 25 kg......... 100 kg........ A............. 56, 58
magnesium N34, T1, TP33.
chloride mixture,
solid.
Chlorate of .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
potash, see
Potassium
chlorate.
* * * * * * *
Chloroacetophenone 6.1 UN3416........... II............. 6.1............... A3, IB2, N12, None.......... 202........... 243........... Forbidden..... 60 L.......... D............. 12, 40
, CN, liquid. N32, N33,
N34, T3, TP2,
TP13.
Chloroacetophenone 6.1 UN1697........... II............. 6.1............... A3, IB8, IP2, None.......... 212........... None.......... Forbidden..... 100 kg........ D............. 12, 40
, CN, solid. IP4, N12,
N32, N33,
N34, T3,
TP13, TP33.
* * * * * * *
Etching acid, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
liquid, n.o.s.,
see Hydrofluoric
acid, solution
etc.
* * * * * * *
Fissile .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
radioactive
materials, see
Radioactive
material,
fissile, n.o.s.
* * * * * * *
Hydrogen iodid .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
solution, see
Hydriodic acid.
* * * * * * *
G............... Samples, .......... UN1090........... II............. .................. 113........... None.......... 62............ None.......... Forbidden..... Forbidden..... 14............ 12E
explosive, other
than initiating
explosives.
* * * * * * *
Trinitrochlorobenz 4.1 UN3365........... I.............. 4.1............... 162, A8, A19, None.......... 211........... None.......... 0.5 kg........ 0.5 kg........ E............. 36
ene (picry 1 N41, N84.
chloride),
wetted, with not
less than 10%
water by mass.
* * * * * * *
[ADD]
[[Page 56094]]
* * * * * * *
Adhesives, 3 UN1133........... I.............. 3................. B42, T11, TP1, 150........... 201........... 243........... 1 L........... 30 L.......... B............. ..............
containing a TP8, TP27.
flammable liquid.
.......... ................. II............. 3................. 149, B52, IB2, 150........... 173........... 242........... 5 L........... 60 L.......... B............. ..............
T4, TP1, TP8.
.......... ................. III............ 3................. B1, B52, IB3, 150........... 173........... 242........... 60 L.......... 220 L......... A............. ..............
T2, TP1.
* * * * * * *
Aerosols, 2.2 UN1950........... ............... 2.2, 8............ A34........... 306........... None.......... None.......... 75 kg......... 150 kg........ A............. 48, 87, 126
corrosive,
Packing Group II
or III, (each not
exceeding 1 L
capacity).
Aerosols, 2.1 UN1950........... ............... 2.1............... N82........... 306........... None.......... None.......... 75 kg......... 150 kg........ A............. 48, 87, 126
flammable, (each
not exceeding 1 L
capacity).
Aerosols, 2.1 UN1950........... ............... 2.1............... N82........... 306........... 304........... None.......... Forbidden..... 150 kg........ A............. 48, 87, 126
flammable, n.o.s.
(engine starting
fluid) (each not
exceeding 1 L
capacity).
Aerosols, non- 2.2 UN1950........... ............... 2.2............... .............. 306........... None.......... None.......... 75 kg......... 150 kg........ 48, 87, 126
flammable, (each
not exceeding 1 L
capacity).
Aerosols, poison, 2.2 UN1950........... ............... 2.2, 6.1.......... .............. 306........... None.......... None.......... Forbidden..... Forbidden..... A............. 48, 87, 126
(each not
exceeding 1 L
capacity).
* * * * * * *
G............... Alkaloids, solid, 6.1 UN1544........... I.............. 6.1............... IB7, IP1, T6, None.......... 211........... 242........... 5 kg.......... 50 kg......... A............. ..............
n.o.s. or TP33.
Alkaloid salts,
solid, n.o.s.
poisonous.
.................. .......... ................. II............. 6.1............... IB8, IP2, IP4, 153........... 212........... 242........... 25 kg......... 100 kg........ A............. ..............
T3, TP33.
.................. .......... ................. III............ 6.1............... IB8, IP3, T1, 153........... 213........... 240........... 100 kg........ 200 kg........ A............. ..............
TP33.
* * * * * * *
Cartridges, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
safety, see
Cartriges for
weapons, inert
projectile, or
Cartridges, small
arms or
Cartridges, power
device (UN 0323).
[[Page 56095]]
* * * * * * *
Cartridges, .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
sporting, see
Cartridges for
weapons, inert
porjectile, or
Cartridges, small
arms.
* * * * * * *
Chlorate of .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
potash, see
Potassium
chlorate.
* * * * * * *
Chloroacetophenone 6.1 UN3416........... II............. 6.1............... A3, IB2, N12, None.......... 202........... 243........... Forbidden..... 60 L.......... D............. 12, 40
, liquid, (CN). N32, N33, T7,
TP2, TP13.
Chloroacetophenone 6.1 UN1697........... II............. 6.1............... A3, IB8, IP2, None.......... 212........... None.......... Forbidden..... 100 kg........ D............. 12, 40
, solid, (CN). IP4, N12,
N32, N33,
N34, T3, TP2,
TP13, TP33.
Cyclotrimethylenen .......... ................. ............... .................. .............. .............. .............. .............. .............. .............. .............. ..............
itramine and
octogen,
mixtures, wetted
or desensitized
see RDX and HMX
mixtures, wetted
or desensitized,
etc.
* * * * * * *
Etching acid,
liquid, n.o.s.,
see Hydrofluoric
acid, etc.
* * * * * * *
Hydrogen iodide .......... .................. .............. .............. .............. .............. .............. .............. .............. ..............
solution, see
Hydriodic acid.
* * * * * * *
Receptacles, 2.2 UN2037........... ............... 2.2, 5.1.......... A14........... 306........... 304........... None.......... 1 kg.......... 15 kg......... B............. 40
small, containing
agas (gas
cartridges) non-
flammable,
without release
device, not
refillable and
not exceeding 1 L
capacity.
* * * * * * *
G............... Samples, .......... UN0190........... II............. .................. 113........... None.......... 62............ None.......... Forbidden..... Forbidden..... 14............ ..............
explosive, other
than initiating
explosives.
[[Page 56096]]
* * * * * * *
Trinitrochlorobenz 4.1 UN3365........... I.............. 4.1............... 162, A8, A19, None.......... 211........... None.......... 0.5 kg........ 0.5 kg........ E............. 36
ene (picryl N41, N84.
chloride),
wetted, with not
less than 10%
water by mass.
* * * * * * *
[REVISE]
* * * * * * *
Aluminum alkyl 4.2 UN3461........... I.............. 4.2, 4.3.......... 173, T21, TP7, None.......... 181........... 244........... Forbidden..... Forbidden..... D............. 134
halides, solid. TP33.
* * * * * * *
Ammonium nitrate 5.1 UN3375........... II............. 5.1............... 147, 163...... None.......... 214........... 214........... Forbidden..... Forbidden..... D............. 48, 59, 60,
emulsion or 66, 124
Ammonium nitrate
suspension or
Ammonium nitrate
gel, intermediate
for blasting
explosives.
* * * * * * *
D............... Denatured alcohol. 3 NA1987........... II............. 3................. 172, T8....... 150........... 202........... 242........... 5 L........... 60 L.......... B............. ..............
.......... ................. III............ 3................. 172, B1, T7... 150........... 203........... 242........... 60 L.......... 220 L......... A............. ..............
* * * * * * *
Gasoline.......... 3 UN1203........... II............. 3................. 144, B1, B33, 150........... 202........... 242........... 5 L........... 60 L.......... E............. ..............
T8.
* * * * * * *
Nitrocresols, 6.1 UN2446........... III............ 6.1............... IB8, IP3, T1, 153........... 213........... 240........... 100 kg........ 200 kg........ A............. ..............
solid. TP33.
* * * * * * *
G............... Organometallic 4.3 UN3399........... I.............. 4.3, 3............ T13, TP2, TP7. None.......... 201........... 244........... Forbidden..... 1 L........... E............. 40, 52
substance,
liquid, water-
reactive,
flammable.
* * * * * * *
Radioactive 7 UN2915........... ............... 7................. A56, W7, W8... .............. 415, 418...... 415, 419...... .............. .............. A............. 95, 130
material, Type A
package non-
special form, non
fissile or
fissile-excepted.
* * * * * * *
+ Selenium compound, 6.1 UN3440........... I.............. 6.1............... T14, TP2, TP27 None.......... 201........... 243........... 1L............ 30L........... B............. ..............
liquid, n.o.s.
[[Page 56097]]
* * * * * * *
+............... Sulfuric acid, 8 UN1831........... I.............. 8, 6.1............ 2, B9, B14, None.......... 227........... 244........... Forbidden..... Forbidden..... C............. 14, 40
fuming with 30 B32, B74,
percent or more B77, B84,
free sulfur N34, T20,
trioxide. TP2, TP12,
TP13.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 56098]]
* * * * *
0
42. In Sec. 172.102(c)(1), the following changes are made:
0
a. Special provision 132 is revised to read as follows; and
0
b. In Special provision 144, the reference ``40 CFR 180.12'' is removed
and ``40 CFR 280.12'' is added in its place.
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
* * * * *
132. This entry may only be used for uniform, ammonium nitrate
based fertilizer mixtures, containing nitrogen, phosphate or potash,
meeting the following criteria: (1) Contains not more than 70% ammonium
nitrate and not more than 0.4% total combustible, organic material
calculated as carbon or (2) Contains not more than 45% ammonium nitrate
and unrestricted combustible material.
* * * * *
0
43. In Sec. 172.102, in paragraph (c)(4), in Table 1.-IB CODES (IBC
CODES), in the IB2 entry, under Additional Requirement, the wording
``130kPaat'' is removed and ``130 kPa at'' is added in its place.
0
44. In Sec. 172.203, paragraph (m) is revised to read as follows:
Sec. 172.203 Additional Description Requirements.
* * * * *
(m) Poisonous Materials. Notwithstanding the hazard class to which
a material is assigned, for materials that are poisonous by inhalation
(see Sec. 171.8 of this subchapter), the words ``Poison-Inhalation
Hazard'' or ``Toxic-Inhalation Hazard'' and the words ``Zone A'',
``Zone B'', ``Zone C'', or ``Zone D'' for gases or ``Zone A'' or ``Zone
B'' for liquids, as appropriate, shall be entered on the shipping paper
immediately following the shipping description. The word ``Poison'' or
``Toxic'' need not be repeated if it otherwise appears in the shipping
description.
* * * * *
0
45. In Sec. 172.322, a new paragraph (f) is added to read as follows:
Sec. 172.322 Marine pollutants.
* * * * *
(f) Exceptions. See Sec. 171.4(c).
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
46. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
PART 173--[NOMENCLATURE CHANGE]
0
47. In part 173, the acronym ``RSPA'' is removed and ``PHMSA'' is added
in each of the following places:
a. Section 173.22(c)(2); and
b. Section 173.136(b).
PART 173--[NOMENCLATURE CHANGE]
0
48. In part 173, ``ramcert@rspa.dot.gov'' is removed and
``ramcert@dot.gov'' is added in each of the following places:
a. Section 173.471(d);
b. Section 173.471(e);
c. Section 173.472(f);
d. Section 173.473(a)(1);
e. Section 173.473(a)(2);
f. Section 173.476(c) introductory text; and
g. Section 173.477(c) introductory text.
0
49. In Sec. 173.3, paragraph (c), the introductory text is revised to
read as follows:
Sec. 173.3 Packaging and exceptions.
* * * * *
(c) Salvage drums. Packages of hazardous materials that are
damaged, defective, or leaking; packages found to be not conforming to
the requirements of this subchapter after having been placed in
transportation; and, hazardous materials that have spilled or leaked
may be placed in a metal or plastic removable head salvage drum that is
compatible with the lading and shipped for repackaging or disposal
under the following conditions:
* * * * *
0
50. In Sec. 173.4, paragraph (a)(10) is revised to read as follows:
Sec. 173.4 Small quantity exceptions.
(a) * * *
(10) The shipper certifies conformance with this section by marking
the outside of the package with the statement ``This package conforms
to 49 CFR 173.4.''
* * * * *
Sec. 173.134 [Amended]
0
51. In Sec. 173.134, in paragraph (c)(1)(ii), the reference to ``29
CFR 1910.103'' is removed and ``29 CFR 1910.1030'' is added in its
place.
Sec. 173.222 [Amended]
0
52. In Sec. 173.222, in paragraph (c)(2), ``0.5 L (0.3 gallons)'' is
removed and ``0.5 L (0.1 gallons)'' is added in its place.
Sec. 173.227 [Amended]
0
53. In Sec. 173.227, in the section heading, ``Division 6.2'' is
removed and ``Division 6.1'' is added in its place.
0
54. In Sec. 173.315, the text of paragraph (a) before the table is
revised to read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
(a) Liquefied compressed gases that are transported in UN portable
tanks, DOT specification portable tanks, or cargo tanks must be
prepared in accordance with this section, Sec. 173.32, Sec. 173.33
and subpart E or subpart G of part 180 of this subchapter, as
applicable. For cryogenic liquid in cargo tanks, see Sec. 173.318. For
marking requirements for portable tanks and cargo tanks, see Sec.
172.326 and Sec. 172.328 of this subchapter, as applicable.
(1) UN portable tanks: UN portable tanks must be loaded and offered
for transportation in accordance with portable tank provision T50 in
Sec. 172.102 of this subchapter.
(2) Cargo tanks and DOT specification portable tanks: Cargo tanks
and DOT specification portable tanks must be loaded and offered for
transportation in accordance with the following table:
* * * * *
Sec. 173.403 [Amended]
0
55. In Sec. 173.403, in the definition for ``Radioactive instrument or
article,'' the wording ``such as an instrument such as an instrument''
is removed and ``such as an instrument'' is added in its place.
0
56. In Sec. 173.418, paragraph (e) is revised to read as follows:
Sec. 173.418 Authorized packages--oxidizing Class 7 (radioactive)
materials.
* * * * *
(e) Pyrophoric Class 7 (radioactive) materials transported by
aircraft must be packaged in Type B packages.
0
57. In Sec. 173.421, paragraph (a)(5) is revised to read as follows:
Sec. 173.421 Excepted packages for limited quantities of Class 7
(radioactive materials).
(a) * * *
(5) The package does not contain fissile material unless excepted
by Sec. 173.453.
* * * * *
Sec. 173.427 [Amended]
0
58. In Sec. 173.427, in paragraph (b)(5)(i), ``(Sec. Sec. 179.200,
179.201, 179.202 of this subchapter)'' is removed and ``(Sec. Sec.
173.31, and 179.201-1 to 179.201-11 of this subchapter)'' is added in
its place.
[[Page 56099]]
Sec. 173.465 [Amended]
0
59. In Sec. 173.465, the following changes are made:
0
a. In paragraph (c)(1), the wording ``Table 12'' is removed and ``Table
10'' is added in its place.
0
b. In paragraph (c)(1), Table 10, in column one, the heading
``Packaging mass'' is removed and ``Package mass'' is added in its
place.
Sec. 173.471 [Amended]
0
60. In Sec. 173.471, in paragraphs (d) and (e), ``DHM-23'' is removed
and ``PHH-23'' is added in its place.
PART 176--CARRIAGE BY VESSEL
0
61. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
PART 176--[AMENDED]
0
62. In Sec. 176.144, the text of paragraph (a) before the table and
entries E and F of the table are revised to read as follows:
Sec. 176.144 Segregation of Class 1 (explosive) materials.
(a) Except as provided in Sec. 176.145 of this subchapter, stowage
of Class 1 (explosive) materials within the same compartment, magazine,
or cargo transport unit is subject to provisions contained in table
176.144(a).
Table 176.144(a).--Authorized Mixed Stowage for Explosives
[An ``X'' indicates that explosives in the two different compatibility groups reflected by the location of the ``X'' may not be stowed in the same
compartment, magazine, or cargo transport unit]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Compatibility groups A B C D E F G H J K L N S
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
E................................................ X X 6 6 ...... X 1 X X X X 4 .....
F................................................ X X X X X ...... X X X X X X .....
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 176.905 [Amended]
0
63. In Sec. 176.905, in paragraph (i)(3), the reference ``46 CFR
70.10-44'' is removed and ``46 CFR 70.10-1'' is added in its place.
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
64. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
65. In Sec. 177.848, paragraph (c) is revised to read as follows:
Sec. 177.848 Segregation of Hazardous Materials.
* * * * *
(c) In addition to the provisions of paragraph (d) of this section
and except as provided in Sec. 173.12(e) of this subchapter, cyanides,
cyanide mixtures or solutions may not be stored, loaded and transported
with acids if a mixture of the materials would generate hydrogen
cyanide, and Division 4.2 materials may not be stored, loaded and
transported with Class 8 liquids.
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
66. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 178.245-1 [Amended]
0
67. In Sec. 178.245-1, in paragraph (e), the section reference ``Sec.
173.300'' is removed and ``Sec. 173.115'' is added in its place.
Sec. 178.345-1 [Amended]
0
68. In Sec. 178.345-1, in paragraph (c), in the definition for
``MAWP,'' the reference ``Sec. 178.345-1(k)'' is removed and ``Sec.
178.320(a)'' is added in its place.
0
69. In Sec. 178.350, paragraph (c) is revised to read as follows:
Sec. 178.350 Specification 7A; general packaging, Type A.
* * * * *
(c) Each Specification 7A packaging must comply with the marking
requirements of Sec. 178.3. In paragraph 178.3(a)(2), the term
``packaging manufacturer'' means the person certifying that the package
meets all requirements of this section.
PART 179--SPECIFICATIONS FOR TANK CARS
0
70. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.18 [Amended]
0
71. In Sec. 179.18, in paragraph (c), the acronym ``RSPA'' is removed
and ``PHMSA'' is added in its place, and the phrase ``Research and
Special Programs Administration'' is removed and ``Pipeline and
Hazardous Materials Safety Administration'' is added in its place.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
72. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
73. In Sec. 180.352, paragraphs (e) and (f) are revised and a new
paragraph (g) is added to read as follows:
Sec. 180.352 Requirements for retest and inspection of IBCs.
* * * * *
(e) Requirements applicable to routine maintenance of IBCs. Except
for routine maintenance of metal, rigid plastics and composite IBCs
performed by the owner of the IBC, whose State and name or authorized
symbol is durably marked on the IBC, the party performing the routine
maintenance shall durably mark the IBC near the manufacturer's UN
design type marking to show the following:
(1) The country in which the routine maintenance was carried out;
and
(2) The name or authorized symbol of the party performing the
routine maintenance.
(f) Retest date. The date of the most recent periodic retest must
be marked as provided in Sec. 178.703(b) of this subchapter.
(g) Record retention. The owner or lessee of the IBC must keep
records of
[[Page 56100]]
periodic retests, initial and periodic inspections, and test performed
on the IBC if it has been repaired. Records must include design types
and packaging specifications, test and inspection dates, name and
address of test and inspection facilities, names or name of any persons
conducting tests or inspections, and test or inspection specifics and
results. Records must be kept for each packaging at each location where
periodic tests are conducted, until such tests are successfully
performed again or at least 2.5 years from the date of the last test.
The owner or lessee must make these records available for inspection by
a representative of the Department on request.
Sec. 180.409 [Amended]
0
75. In Sec. 180.409, in paragraph (d)(2), the following changes are
made:
0
a. ``Research and Special Programs Administration'' is removed and
``Pipeline and Hazardous Materials Safety Administration'' is added in
its place.
0
b. ``DHM-32'' is removed and ``PHH-32'' is added in its place.
Issued in Washington, DC, on September 19, 2005, under authority
delegated in 49 CFR part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 05-18983 Filed 9-22-05; 8:45 am]
BILLING CODE 4910-60-P