Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications, 56084-56100 [05-18983]

Download as PDF 56084 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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 Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. AGENCY: 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. 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. FOR FURTHER INFORMATION CONTACT: 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 VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 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 ‘‘§ 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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, nonflammable, (each not exceeding 1 L capacity),’’ UN1950 is revised by correcting the Column (2) Hazardous materials description and proper shipping name to read ‘‘Aerosols, nonflammable, (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 E:\FR\FM\23SER3.SGM 23SER3 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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 VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 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) nonflammable, 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) PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 56085 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 § 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 § 171.4(c). Part 173 Section 173.3. In § 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 § 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 § 172.102 and must otherwise comply with the requirements of § 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 E:\FR\FM\23SER3.SGM 23SER3 56086 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations (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 § 173.453. Under § 173.421(a)(5) a package is limited to contain 15 grams or less of uranium235. This package exception limit is actually in § 173.453 not § 173.426, and only applies to packages containing fissile material. Section 173.427. In paragraph (b)(5)(i), we are correcting the reference ‘‘(§§ 179.200, 179.201, 179.202 of this subchapter)’’ to read ‘‘(§§ 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 § 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 § 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 ‘‘§ 173.300’’ to read ‘‘§ 173.115’’. Section 178.345–1. In paragraph (c), in the definition for ‘‘MAWP,’’ we are correcting the reference ‘‘§ 178.345– 1(k)’’ to read ‘‘§ 178.320(a)’’. VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 Section 178.350. We are revising this section to clarify that the term ‘‘Packaging manufacturer’’ used in § 178.3, for purposes of this section, means the person certifying that the package meets all requirements of § 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 § 180.352 to correct this editorial error. III. Regulatory Analyses and Notices 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 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. 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. 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. 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. 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 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 F. Unfunded Mandates Reform Act of 1995 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 E:\FR\FM\23SER3.SGM 23SER3 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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. 49 CFR Part 179 Hazardous materials transportation, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 180 List of Subjects Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. 49 CFR Part 105 Administrative practice and procedure, Hazardous materials transportation. 49 CFR Part 106 In consideration of the foregoing, 49 CFR Chapter I is amended as follows: Administrative practice and procedure, Hazardous materials transportation. PART 105—HAZARDOUS MATERIALS PROGRAM DEFINITIONS AND GENERAL PROCEDURES 49 CFR Part 107 I I 1. The authority citation for part 105 continues to read as follows: Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. PART 105—[NOMENCLATURE CHANGE] 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. VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 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. I 3. Amend § 105.5, by revising paragraph (a), and the definitions of ‘‘Associate Administrator’’ and ‘‘File or Filed’’ in paragraph (b), to read as follows: I § 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 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 56087 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. * * * * * I 4. Section 105.20 is revised to read as follows: § 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 https:// 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 https://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. E:\FR\FM\23SER3.SGM 23SER3 56088 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations (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. I 5. Section 105.25 is revised to read as follows: § 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 https://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 https:// 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. VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 (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. I 6. In § 105.40, paragraph (d) is revised to read as follows: § 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 7. The authority citation for part 106 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. PART 106—[NOMENCLATURE CHANGE] 8. In part 106, the acronym ‘‘RSPA’’ is removed and ‘‘PHMSA’’ is added in each place it appears in the following places: I PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 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] I 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. I 10. In § 106.10 paragraph (a) introductory text, and (b)(2) are revised to read as follows: § 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. * * * * * I 11. Section 106.45 is revised to read as follows: § 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 E:\FR\FM\23SER3.SGM 23SER3 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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 https://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. I 12. Section 106.95 is revised to read as follows: § 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 VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 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. I 13. Section 106.120 is revised to read as follows: § 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 § 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 14. The authority citation for part 107 continues to read as follows: I 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] 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); I PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 56089 q. Section 107.711; and r. Section 107.803(a). PART 107—[NOMENCLATURE CHANGE] I 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] 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). I PART 107—[NOMENCLATURE CHANGE] 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). I PART 107—[NOMENCLATURE CHANGE] 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). I 20. In § 107.105, paragraph (a)(1) is revised to read as follows: I § 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 E:\FR\FM\23SER3.SGM 23SER3 56090 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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; * * * * * I 21. In § 107.107, paragraph (b)(1) is revised to read as follows: § 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; * * * * * I 22. In § 107.109, paragraph (a)(1) is revised to read as follows § 107.109 Application for renewal. order issued under § 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 § 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 § 107.317 or § 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. (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; * * * * * I 22a. In § 107.117 paragraph (d)(5) is revised to read as follows: 24. In § 107.402, in paragraph (a), ‘‘DHM–32’’ is removed and ‘‘PHH–32’’ is added in its place. § 107.117 § 107.608 Emergency Processing. * § 107.402 [Amended] I [Amended] * * * * (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). * * * * * I 23. Section 107.325 is revised to read as follows: 25. In § 107.608, in paragraph (d), ‘‘DHM–60’’ is removed and ‘‘PHH–60’’ is added in its place. § 107.325 Appendix A to Subpart D Appeals. (a) Hearing proceedings. A party aggrieved by an ALJ’s decision and VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 I § 107.705 [Amended] 26. In § 107.705, in paragraph (a)(1), ‘‘DHM–32’’ is removed and ‘‘PHH–32’’ is added in its place. I § 107.805 [Amended] 27. In § 107.805, in paragraph (g), ‘‘DHM–32’’ is removed and ‘‘PHH–32’’ is added in its place. I [Amended] 28. In part 107, Appendix A to Subpart D, Part IV, paragraph C., in the I PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 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 29. The authority citation for part 110 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. PART 110—[NOMENCLATURE CHANGE] 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. I § 110.130 [Amended] 31. In § 110.130 remove ‘‘RSPA’’ and add ‘‘PHMSA’’ in its place. I PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 32. The authority citation for part 171 continues to read as follows: I 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] 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). I PART 171—[NOMENCLATURE CHANGE] 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). I 35. In § 171.6, in paragraph (b)(2) table, the following changes are made: I 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 I E:\FR\FM\23SER3.SGM 23SER3 56091 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations § 171.6 Control numbers under the Paperwork Reduction Act. b. An entry for OMB Control No. ‘‘2137–0591’’ is added, in numerical order. The revisions and addition read as follows: I * * * (b) * * * * * * (2) Table. * * * * Title 49 CFR part or section where identified and described Current OMB control No. Title * 2137–0018 .................. * * * * * Inspection and Testing of Portable Tanks and Intermediate Bulk Containers ............................ * * * * 2137–0039 .................. 2137–0051 .................. * * * * * Hazardous Materials Incidents Reports ....................................................................................... 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 Oil .......................................................................................... Part 130. * * * * * * § 171.11 I 37. In § 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. * * * * 36. In § 171.8 the following changes are made: I a. In the definition for ‘‘Maximum Allowable Working Pressure or MAWP,’’ the reference to ‘‘§ 178.320(c)’’ is removed and ‘‘§ 178.320(a)’’ is added in its place. I b. The definition of ‘‘RSPA’’ is removed. I c. The definition of ‘‘PHMSA’’ is added in the appropriate alphabetical sequence to read as follows: § 171.8 Definitions. * * * * * PHMSA means the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Washington, DC 20590. * * * * * VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 [Amended] I * * * * * * * Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. PART 172—[NOMENCLATURE CHANGE] 38. In § 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 40. In Part 172, the acronym ‘‘RSPA’’ is removed and ‘‘PHMSA’’ is added in each of the following places: a. Section 172.101, Appendix A, Table 1, Footnote @; and b. Section 172.101, Appendix A, Table 2, Footnote * * *. I § 171.16 [Amended] I 39. The authority citation for part 172 continues to read as follows: I PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 I 41. In § 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: E:\FR\FM\23SER3.SGM 23SER3 VerDate Aug<31>2005 16:42 Sep 22, 2005 G ................. (1) Symbols * (3) 3 Hazard class or division .................. Adhesives, containing a flammable liquid. (2) Hazardous materials descriptions and proper shipping names Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 Cartridges, safety, see Cartridges for weapons, other than blank or Cartridges, power device (UN 0323). Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous. UN1950 .... UN1950 .... UN1950 .... UN1950 .... 2.1 2.2 2.2 UN1544 .... UN1950 .... 2.1 2.2 ................... ................... ................... ................... ................... 6.1 * * ................................... Aerosols, corrosive, Packing Group II or III (each not exceeding 1 L capacity). Aerosols, flammable, (each not exceeding 1 L capacity). Aerosols, flammable, n.o.s. (engine starting fluid) each not exceeding 1 L capacity). Aerosols, non-flammable, (each not exceeding 1 L capacity). Aerosols, poison, (each not exceeding 1 L capacity). .................. ................................... UN1133 .... (4) Identification numbers .................. .................. * .................. * * * * ................... III .............. II ............... I ................ ................... ................... ................... ................... ................... III .............. II ............... I ................ (5) PG * ................................... 6.1 ............................ 6.1 ............................ * 6.1 ............................ 2.2, 6.1 ..................... 2.2 ............................ 2.1 ............................ 2.1 ............................ * 2.2, 8 ........................ 3 ............................... 3 ............................... * 3 ............................... (6) (8A) Exceptions 306 ........... 306 ........... 306 ........... 306 ........... * 306 ........... * ................... * ................... IB8, IP2, 153 ........... 1P4, T3, TP33. IB8, IP3, 153 ........... T1, TP33. * * IB7, IP1, None ......... T6, TP33. ................... ................... N82 ........... N82 ........... * A34 ........... ................... 213 ........... 212 ........... 211 ........... None ......... None ......... 304 ........... None ......... None ......... 173 ........... 173 ........... 201 ........... (8B) Non-bulk (8C) Bulk * ................... 240 ........... 242 ........... * 242 ........... None ......... None ......... None ......... None ......... * None ......... 242 ........... 242 ........... * 243 ........... (8) Packaging (§ 173.***) * * B42, T11, 150 ........... TP1, TP8, TP27. 149, B52, 150 ........... IB2, T4, TP1, TP8. B1, B52, 150 ........... IB3, T2, TP1. (7) Special provisions HAZARDOUS MATERIALS TABLE Label codes § 172.101 * ................... 100 kg ...... 25 kg ........ * 5 kg .......... Forbidden 75 kg ........ Forbidden 75 kg ........ * 75 kg ........ 60 L .......... 5 L ............ * 1 L ............ (9A) Passenger aircraft/rail .............. 200 kg ...... 100 kg ...... 50 kg ........ Forbidden 150 kg ...... 150 kg ...... 150 kg ...... 150 kg ...... 220 L ........ 60 L .......... 30 L .......... (9B) Cargo aircraft only (9) Quantity limitations .............. A ............... A ............... A ............... A ............... A ............... A ............... A ............... A ............... A ............... A ............... B ............... (10A) Location 48, 87, 126 48, 87, 126 48, 87, 126 48, 87, 126 48, 87, 126 (10B) Other (10) Vessel stowage 56092 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations G ................. 16:42 Sep 22, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 [ADD] Trinitrochlorobenzene (picry 1 chloride), wetted, with not less than 10% water by mass. Samples, explosive, other than initiating explosives. Hydrogen iodid solution, see Hydriodic acid. Fissile radioactive materials, see Radioactive material, fissile, n.o.s. Etching acid, liquid, n.o.s., see Hydrofluoric acid, solution etc. Chloroacetophenone, CN, solid. Chloroacetophenone, CN, liquid. VerDate Aug<31>2005 Chlorate and magnesium chloride mixture, solid. Chlorate of potash, see Potassium chlorate. Cartridges, sporting, see Cartridges for weapons, other than blank. UN1459 .... ................... ................... UN1697 .... UN3416 .... * * 4.1 UN3365 .... UN1090 .... * .................. * .................. ................... * .................. * .................. 6.1 6.1 .................. * ................... 5.1 * * .................. * * * * * * * * * I ................ II ............... ................... ................... ................... II ............... II ............... ................... III .............. ................... * * 4.1 ............................ * ................................... * ................................... * ................................... * ................................... 6.1 ............................ * 6.1 ............................ ................................... * 5.1 ............................ * ................................... * ................... * None ......... * ................... * ................... * ................... None ......... * None ......... * * * * 162, A8, None ......... A19, N41, N84. * 113 ........... * ................... * ................... * ................... * A3, IB2, N12, N32, N33, N34, T3, TP2, TP13. A3, IB8, IP2, IP4, N12, N32, N33, N34, T3, TP13, TP33. * * A9, IB8, 152 ........... IP3, N34, T1, TP33. ................... ................... * ................... 211 ........... 62 ............. ................... ................... ................... 212 ........... 202 ........... ................... 213 ........... ................... * * None ......... * None ......... * ................... * ................... * ................... None ......... * 243 ........... ................... * 240 ........... * ................... * * 0.5 kg ....... * Forbidden * ................... * ................... * ................... Forbidden * Forbidden ................... * 25 kg ........ * ................... 0.5 kg ....... Forbidden .............. .............. .............. 100 kg ...... 60 L .......... .............. 100 kg ...... .............. E ............... 14 ............. .............. .............. .............. D ............... D ............... .............. A ............... .............. 36 12E 12, 40 12, 40 56, 58 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56093 VerDate Aug<31>2005 16:42 Sep 22, 2005 G ................. (1) Symbols Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 UN1133 .... ................... 3 (4) Identification numbers E:\FR\FM\23SER3.SGM 23SER3 ................... * .................. Cartridges, safety, see Cartriges for weapons, inert projectile, or Cartridges, small arms or Cartridges, power device (UN 0323). ................... ................... .................. UN1544 .... UN1950 .... UN1950 .... ................................... 6.1 2.2 2.2 UN1950 .... 2.1 .................. * UN1950 .... UN1950 .... 2.1 2.2 .................. * ................... .................. * (3) Hazard class or division Alkaloids, solid, n.o.s. or Alkaloid salts, solid, n.o.s. poisonous. ................................... Aerosols, corrosive, Packing Group II or III, (each not exceeding 1 L capacity). Aerosols, flammable, (each not exceeding 1 L capacity). Aerosols, flammable, n.o.s. (engine starting fluid) (each not exceeding 1 L capacity). Aerosols, non-flammable, (each not exceeding 1 L capacity). Aerosols, poison, (each not exceeding 1 L capacity). Adhesives, containing a flammable liquid. (2) Hazardous materials descriptions and proper shipping names * * * * ................... III .............. II ............... I ................ ................... ................... ................... ................... ................... III .............. II ............... I ................ (5) PG (6) Label codes * ................................... 6.1 ............................ 6.1 ............................ * 6.1 ............................ 2.2, 6.1 ..................... 2.2 ............................ 2.1 ............................ 2.1 ............................ * 2.2, 8 ........................ 3 ............................... 3 ............................... (8A) Exceptions 306 ........... 306 ........... 306 ........... 306 ........... * 306 ........... * ................... * ................... IB8, IP2, 153 ........... IP4, T3, TP33. IB8, IP3, 153 ........... T1, TP33. * * IB7, IP1, None ......... T6, TP33. ................... ................... N82 ........... N82 ........... * A34 ........... ................... 213 ........... 212 ........... 211 ........... None ......... None ......... 304 ........... None ......... None ......... 173 ........... 173 ........... 201 ........... (8B) Non-bulk (8C) Bulk * ................... 240 ........... 242 ........... * 242 ........... None ......... None ......... None ......... None ......... * None ......... 242 ........... 242 ........... * 243 ........... (8) Packaging (§ 173.***) * * B42, T11, 150 ........... TP1, TP8, TP27. 149, B52, 150 ........... IB2, T4, TP1, TP8. B1, B52, 150 ........... IB3, T2, TP1. (7) Special provisions HAZARDOUS MATERIALS TABLE—Continued * 3 ............................... § 172.101 * ................... 100 kg ...... 25 kg ........ * 5 kg .......... Forbidden 75 kg ........ Forbidden 75 kg ........ * 75 kg ........ 60 L .......... 5 L ............ * 1 L ............ (9A) Passenger aircraft/rail ................... 200 kg ...... 100 kg ...... 50 kg ........ Forbidden 150 kg ...... 150 kg ...... 150 kg ...... 150 kg ...... 220 L ........ 60 L .......... 30 L .......... (9B) Cargo aircraft only (9) Quantity limitations ................... A ............... A ............... A ............... A ............... A ............... A ............... A ............... A ............... B ............... B ............... (10A) Location 48, 87, 126 48, 87, 126 48, 87, 126 48, 87, 126 48, 87, 126 (10B) Other (10) Vessel stowage 56094 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations VerDate Aug<31>2005 17:29 Sep 22, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 G ................. Samples, explosive, other than initiating explosives. Receptacles, small, containing agas (gas cartridges) non-flammable, without release device, not refillable and not exceeding 1 L capacity. Hydrogen iodide solution, see Hydriodic acid. Etching acid, liquid, n.o.s., see Hydrofluoric acid, etc. Cyclotrimethylenenitramine and octogen, mixtures, wetted or desensitized see RDX and HMX mixtures, wetted or desensitized, etc. Chloroacetophenone, solid, (CN). Chloroacetophenone, liquid, (CN). Chlorate of potash, see Potassium chlorate. Cartridges, sporting, see Cartridges for weapons, inert porjectile, or Cartridges, small arms. 6.1 6.1 UN2037 .... ................... UN1697 .... UN3416 .... ................... ................... UN0190 .... 2.2 * .................. * * .................. * .................. * * .................. * .................. * * * * * * * II ............... ................... ................... II ............... II ............... ................... ................... * ................................... * 2.2, 5.1 ..................... * ................................... * ................................... 6.1 ............................ * 6.1 ............................ * ................................... * ................................... * 113 ........... * A14 ........... * ................... * * A3, IB2, N12, N32, N33, T7, TP2, TP13. A3, IB8, IP2, IP4, N12, N32, N33, N34, T3, TP2, TP13, TP33. ................... * ................... * ................... * None ......... * 306 ........... * ................... * ................... None ......... * None ......... * ................... * ................... 62 ............. 304 ........... ................... ................... 212 ........... 202 ........... ................... ................... * None ......... * None ......... * ................... * ................... None ......... * 243 ........... * ................... * ................... * Forbidden * 1 kg .......... * ................... * ................... Forbidden * Forbidden * ................... * ................... Forbidden 15 kg ........ ................... ................... 100 kg ...... 60 L .......... ................... ................... 14 ............. B ............... ................... ................... D ............... D ............... ................... ................... 40 12, 40 12, 40 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 56095 VerDate Aug<31>2005 17:29 Sep 22, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 + G ................. D ................. (1) Symbols Selenium compound, liquid, n.o.s. Radioactive material, Type A package non-special form, non fissile or fissile-excepted. Organometallic substance, liquid, water-reactive, flammable. Nitrocresols, solid ..... Gasoline ................... Denatured alcohol .... Ammonium nitrate emulsion or Ammonium nitrate suspension or Ammonium nitrate gel, intermediate for blasting explosives. Aluminum alkyl halides, solid. [REVISE] Trinitrochlorobenzene (picryl chloride), wetted, with not less than 10% water by mass. (2) Hazardous materials descriptions and proper shipping names 5.1 4.2 4.1 * * * * * 6.1 7 4.3 6.1 3 3 .................. * * * * * (3) Hazard class or division UN3440 .... UN2915 .... UN3399 .... UN2446 .... UN1203 .... NA1987 .... ................... UN3375 .... UN3461 .... UN3365 .... (4) Identification numbers * * * * * * * * * * I ................ ................... I ................ III .............. II ............... II ............... III .............. II ............... I ................ I ................ (5) PG (6) Label codes * 6.1 ............................ * 7 ............................... * 4.3, 3 ........................ * 6.1 ............................ * 3 ............................... * 3 ............................... 3 ............................... * 5.1 ............................ * 4.2, 4.3 ..................... * (8A) Exceptions * 150 ........... * 150 ........... 150 ........... * None ......... * None ......... * * T14, TP2, TP27. * A56, W7, W8. * T13, TP2, TP7. * None ......... * ................... * None ......... * * IB8, IP3, 153 ........... T1, TP33. * 144, B1, B33, T8. * 172, T8 ..... 172, B1, T7 * 147, 163 ... * 173, T21, TP7, TP33. * 201 ........... 415, 418 ... 201 ........... 213 ........... 202 ........... 202 ........... 203 ........... 214 ........... 181 ........... 211 ........... (8B) Non-bulk (8C) Bulk * 243 ........... * 415, 419 ... * 244 ........... * 240 ........... * 242 ........... * 242 ........... 242 ........... * 214 ........... * 244 ........... * * None ......... (8) Packaging (§ 173.***) * * 162, A8, None ......... A19, N41, N84. (7) Special provisions HAZARDOUS MATERIALS TABLE—Continued * 4.1 ............................ § 172.101 * 1L ............. * ................... * Forbidden * 100 kg ...... * 5 L ............ * 5 L ............ 60 L .......... * Forbidden * Forbidden * * 0.5 kg ....... (9A) Passenger aircraft/rail 30L ........... ................... 1 L ............ 200 kg ...... 60 L .......... 60 L .......... 220 L ........ Forbidden Forbidden 0.5 kg ....... (9B) Cargo aircraft only (9) Quantity limitations B ............... A ............... E ............... A ............... E ............... B ............... A ............... D ............... D ............... E ............... (10A) Location 95, 130 40, 52 48, 59, 60, 66, 124 134 36 (10B) Other (10) Vessel stowage 56096 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations + .................. Sulfuric acid, fuming with 30 percent or more free sulfur trioxide. * * 8 UN1831 .... * * I ................ VerDate Aug<31>2005 * * 8, 6.1 ........................ * * 2, B9, B14, B32, B74, B77, B84, N34, T20, TP2, TP12, TP13. * * None ......... 227 ........... * * 244 ........... * * Forbidden Forbidden C ............... 14, 40 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 16:42 Sep 22, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 56097 56098 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations * * * * * 42. In § 172.102(c)(1), the following changes are made: I a. Special provision 132 is revised to read as follows; and I b. In Special provision 144, the reference ‘‘40 CFR 180.12’’ is removed and ‘‘40 CFR 280.12’’ is added in its place. I § 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. * * * * * I 43. In § 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. I 44. In § 172.203, paragraph (m) is revised to read as follows: § 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 § 171.8 of this subchapter), the words ‘‘PoisonInhalation 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. * * * * * I 45. In § 172.322, a new paragraph (f) is added to read as follows: § 172.322 * 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). I PART 173—[NOMENCLATURE CHANGE] 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. I 49. In § 173.3, paragraph (c), the introductory text is revised to read as follows: I § 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: * * * * * I 50. In § 173.4, paragraph (a)(10) is revised to read as follows: § 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.’’ * * * * * § 173.134 [Amended] 51. In § 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. Marine pollutants. PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS § 173.222 Jkt 205001 52. In § 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. PO 00000 Frm 00016 Fmt 4701 § 173.227 [Amended] 53. In § 173.227, in the section heading, ‘‘Division 6.2’’ is removed and ‘‘Division 6.1’’ is added in its place. I 54. In § 173.315, the text of paragraph (a) before the table is revised to read as follows: I § 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, § 173.32, § 173.33 and subpart E or subpart G of part 180 of this subchapter, as applicable. For cryogenic liquid in cargo tanks, see § 173.318. For marking requirements for portable tanks and cargo tanks, see § 172.326 and § 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 § 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: * * * * * § 173.403 [Amended] 55. In § 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. I 56. In § 173.418, paragraph (e) is revised to read as follows: I § 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. I 57. In § 173.421, paragraph (a)(5) is revised to read as follows: § 173.421 Excepted packages for limited quantities of Class 7 (radioactive materials). (a) * * * (5) The package does not contain fissile material unless excepted by § 173.453. * * * * * § 173.427 [Amended] 58. In § 173.427, in paragraph (b)(5)(i), ‘‘(§§ 179.200, 179.201, 179.202 of this subchapter)’’ is removed and ‘‘(§§ 173.31, and 179.201–1 to 179.201– 11 of this subchapter)’’ is added in its place. I [Amended] I 46. The authority citation for part 173 continues to read as follows: I 16:42 Sep 22, 2005 PART 173—[NOMENCLATURE CHANGE] I * * * * (f) Exceptions. See § 171.4(c). VerDate Aug<31>2005 Authority: 49 U.S.C. 5101–5127, 44701; 49 CFR 1.45, 1.53. Sfmt 4700 E:\FR\FM\23SER3.SGM 23SER3 56099 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations § 173.465 [Amended] § 173.471 59. In § 173.465, the following changes are made: I a. In paragraph (c)(1), the wording ‘‘Table 12’’ is removed and ‘‘Table 10’’ is added in its place. I b. In paragraph (c)(1), Table 10, in column one, the heading ‘‘Packaging mass’’ is removed and ‘‘Package mass’’ is added in its place. I [Amended] PART 176—[AMENDED] 60. In § 173.471, in paragraphs (d) and (e), ‘‘DHM–23’’ is removed and ‘‘PHH– 23’’ is added in its place. I PART 176—CARRIAGE BY VESSEL 61. The authority citation for part 176 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. 62. In § 176.144, the text of paragraph (a) before the table and entries E and F of the table are revised to read as follows: I § 176.144 Segregation of Class 1 (explosive) materials. (a) Except as provided in § 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 * * * E ............................................................................. X F ............................................................................. X X X 6 X * * * § 176.905 * * * G H J K L N S 6 X ........ X * X ........ 1 X X X * X X X X X X * 4 X ........ ........ * § 178.245–1 * [Amended] 67. In § 178.245–1, in paragraph (e), the section reference ‘‘§ 173.300’’ is removed and ‘‘§ 173.115’’ is added in its place. [Amended] 63. In § 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. § 178.345–1 64. The authority citation for part 177 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. § 178.350 Specification 7A; general packaging, Type A. 65. In § 177.848, paragraph (c) is revised to read as follows: I * § 177.848 Segregation of Hazardous Materials. * * * * * (c) In addition to the provisions of paragraph (d) of this section and except as provided in § 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. * * * * * Jkt 205001 PART 179—SPECIFICATIONS FOR TANK CARS 70. The authority citation for part 179 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. [Amended] 71. In § 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 I 66. The authority citation for part 178 continues to read as follows: Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. * * * * (c) Each Specification 7A packaging must comply with the marking requirements of § 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. § 179.18 PART 178—SPECIFICATIONS FOR PACKAGINGS I [Amended] 68. In § 178.345–1, in paragraph (c), in the definition for ‘‘MAWP,’’ the reference ‘‘§ 178.345–1(k)’’ is removed and ‘‘§ 178.320(a)’’ is added in its place. I 69. In § 178.350, paragraph (c) is revised to read as follows: I PART 177—CARRIAGE BY PUBLIC HIGHWAY 16:42 Sep 22, 2005 F I I VerDate Aug<31>2005 E * * * D PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 * * Safety Administration’’ is added in its place. PART 180—CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 72. The authority citation for part 180 continues to read as follows: I Authority: 49 U.S.C. 5101–5127; 49 CFR 1.53. 73. In § 180.352, paragraphs (e) and (f) are revised and a new paragraph (g) is added to read as follows: I § 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 § 178.703(b) of this subchapter. (g) Record retention. The owner or lessee of the IBC must keep records of E:\FR\FM\23SER3.SGM 23SER3 56100 Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / Rules and Regulations 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, VerDate Aug<31>2005 16:42 Sep 22, 2005 Jkt 205001 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. § 180.409 [Amended] 75. In § 180.409, in paragraph (d)(2), the following changes are made: I a. ‘‘Research and Special Programs Administration’’ is removed and I PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 ‘‘Pipeline and Hazardous Materials Safety Administration’’ is added in its place. I 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 E:\FR\FM\23SER3.SGM 23SER3

Agencies

[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Rules and Regulations]
[Pages 56084-56100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18983]



[[Page 56083]]

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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

Federal Register / Vol. 70, No. 184 / Friday, September 23, 2005 / 
Rules and Regulations

[[Page 56084]]


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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 https://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 https://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 https://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 https://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 
https://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:
    a. Section 172.101, Appendix A, Table 1, Footnote @; and
    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,