Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications, 56084-56100 [05-18983]
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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
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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
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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
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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
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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)
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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
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(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)’’.
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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
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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
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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.
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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
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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.
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(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.
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(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:
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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
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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
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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
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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
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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
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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
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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
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§ 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.
*
*
*
*
*
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[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:
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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:
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23SER3
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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
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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
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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
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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
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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
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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.
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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.
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§ 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
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E
*
*
*
D
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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
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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
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‘‘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
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]]>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]]
-----------------------------------------------------------------------
Part V
Department of Transportation
-----------------------------------------------------------------------
Pipeline Hazardous Materials Safety Administration
-----------------------------------------------------------------------
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]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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,
