[Federal Register: August 12, 2004 (Volume 69, Number 155)]
[Proposed Rules]
[Page 49846-49858]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au04-26]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 178, 179 and 180
[Docket No. RSPA-04-18683 (HM-218C)]
RIN 2137-AD87
Hazardous Materials; Miscellaneous Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: RSPA proposes to make miscellaneous amendments to the
Hazardous Materials Regulations based on petitions for rulemaking and
RSPA initiatives. These proposed amendments are intended to update,
clarify or provide relief from certain regulatory requirements.
DATES: Comments must be received by October 12, 2004.
ADDRESSES: You may submit comments (identified by DOT DMS Docket Number
RSPA-04-18683 (HM-218C)) by any of the following methods:
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the
[[Page 49847]]
online instructions for submitting comments.
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted, without
change, to http://dms.dot.gov including any personal information
provided. Please see the Privacy Act heading under Regulatory Analyses
and Notices.
Docket: For access to the docket to read background documents and
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous
Materials Standards, (202) 366-8553, Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
This NPRM is designed primarily to reduce regulatory burdens on
industry by incorporating changes into the Hazardous Materials
Regulations (HMR) based on RSPA's own initiatives and petitions for
rulemaking submitted in accordance with 49 CFR 106.95. In a continuing
effort to review the HMR for necessary revisions, RSPA (``we'' and
``us'') is also proposing to eliminate, revise, clarify and relax
certain other regulatory requirements.
II. Public Participation
Comments should identify the docket number (RSPA-04-18683) and, if
sent by mail, comments are to be submitted in duplicate. Persons
wishing to receive confirmation of receipt of their comments should
include a self-addressed stamped postcard. Internet users may access
all comments received by the Department of Transportation at http://dms.dot.gov
.
The following is a section-by-section summary of the proposed
changes.
Section-by-Section Review
Part 171
Section 171.7
Based on a petition for rulemaking by the Organic Peroxide
Producers Safety Division (OPPSD) (P-1429), we are proposing to
incorporate by reference a document entitled ``An Example of a Test
Method for Vent Sizing--OPPSD/SPI Methodology'' published in the
American Institute of Chemical Engineers, Process Safety Progress
Journal, June 2002, issue (Vol. 21, No. 2). The document describes an
alternative method to determine the size of emergency relief devices on
portable tanks transporting organic peroxides.
We are proposing to remove the American Society for Testing and
Materials ASTM A 607-98 ``Standard Specification for Steel, Sheet and
Strip, High-Strength, Low-Alloy, Columbium or Vanadium, or Both, Hot-
Rolled and Cold-Rolled.'' We are proposing to incorporate by reference
the ASTM A 1008/A 1008M-3 ``Standard Specification for Steel, Sheet,
Cold-Rolled, Carbon, Structural, High-Strength Low-Alloy and High
Strength Low-Alloy with Improved Formability'' and A 1011/A 1011M-03a
``Standard Specification for Steel, Sheet and Strip, Hot-Rolled,
Carbon, Structural, High-Strength Low-Alloy and High Strength Low-Alloy
with Improved Formability.'' In 2000, ASTM A 607-98 was replaced by
ASTM A 1008/A 1008M-03 and A 1011/A 1011M-03a.
We are also proposing to incorporate by reference the Department of
Defense's (DOD) ``Packaging of Hazardous Material, DLAD 4145.41/AR 700-
143/ AFJI 24-210/NAVSUPINST 4030.55B/ MCO 4030.40B''. See Sec. 173.7
preamble discussion.
Also, we are proposing to update the following documents which are
incorporated by reference:
--Chlorine Institute instruction booklets entitled ``Chlorine Institute
Emergency Kit `A' for 100-lb. & 150-lb. Chlorine Cylinders'' (2000
edition) and ``Chlorine Institute Emergency Kit `B' for Chlorine Ton
Containers'' (1996 edition) to the 2003 edition; and
--Transport Canada Transportation of Dangerous Goods Regulations from
the July 1985 edition to the August 2001 edition.
In paragraph (b), we are proposing to remove the table entry
``National Association of Corrosive Engineers (NACE)'' and NACE
Standard TM090969 which describes an acceptable test for a liquid
corrosive material. We failed to remove this entry when we revised the
definition and testing methods for corrosive materials in a previous
rulemaking.
Section 171.8
We are proposing to revise the definition for ``Materials of
trade'' (MOTS) by removing the phrase ``in direct support of a
principal business that is other than transportation by motor
vehicle.'' This amendment will clarify that hazardous materials being
transported for private carriage may be transported under the MOTS
exception, if qualified, regardless of the principal business of the
carrier.
Section 171.12a
In paragraph (b)(2), we propose to clarify that certain exceptions
in Transport Canada's Transportation of Dangerous Goods (TDG)
Regulations are not recognized under the reciprocity provisions;
specifically, materials subject to the 500 kg exception in paragraph
1.16 of the TDG Regulations, may not be transported under the
provisions of Sec. 171.12a and are subject to the requirements of the
HMR.
Section 171.14
Currently paragraph (d)(3) authorizes use of the KEEP AWAY FROM
FOOD label and placard in effect on September 30, 1999, until October
1, 2003. Since the transition period has expired, we are proposing to
remove paragraph (d)(3).
Part 172
Section 172.101
Currently, use of specification 3T cylinders, which are bulk
packagings, is authorized in the non-bulk packaging sections in column
(8B) of the Hazardous Materials Table (HMT). We are proposing to add a
statement in Sec. 172.101(i)(3) and a new paragraph (i)(5) to clarify
that some bulk packaging authorizations are found in column (8B) of the
HMT and in special provisions in column (7).
In the current HMT, ``Bromine'' and ``Bromine solutions'' are
combined into one entry. The entry has a ``+'' in column (1) which
fixes the proper shipping name, hazard class, ID number and packing
group. Bromine and bromine solutions are assigned to Class 8
(corrosive) and have a subsidiary poison inhalation hazard in Zone A.
It has been brought to our attention that some bromine solutions do not
meet the criteria for a PIH Zone A material and are, in fact, in Hazard
Zone B. Under the current regulations, a bromine solution meeting the
criteria for a PIH Zone B material must be packaged and offered for
transportation in the same manner as a bromine solution meeting the
criteria for a PIH Zone A material. We are proposing to revise the HMT
by adding two new entries, one for bromine solution, PIH Zone A and one
for bromine solution, PIH Zone B. In the new table entries, we are
proposing to
[[Page 49848]]
delete special provisions A3 and A6 in column (7) since bromine and
bromine solutions are forbidden for transportation by air.
Additionally, for each entry we are proposing to add missing stowage
category ``D'' for vessel transportation in column 10A of the HMT.
Stowage category ``D'' is described in Sec. 172.101(k)(4).
In a final rule published on June 21, 2001 (HM-215D; 66 FR 33337),
we removed the domestic entry ``Denatured Alcohol, NA 1987'' based on
our determination that the entry ``Alcohols, n.o.s., UN 1987'' was
equally appropriate. The Renewable Fuels Association (RFA) petitioned
RSPA (P-1430) to reinstate the entry ``Denatured Alcohol, NA 1987.''
The petitioner states that based on the flashpoint of the material,
some ethanol shippers are using the shipping description ``Flammable
liquid, n.o.s., UN 1993'' rather than ``Alcohol, n.o.s., UN 1987.'' The
RFA expressed concern for the safety of emergency responders. The
Emergency Response Guidebook (ERG) directs emergency responders to
Guide 128 for ID number 1993, and recommends ``regular foam'' to fight
large fires. Guide 127 for ID number 1987 recommends ``alcohol-
resistant foam.'' The RFA states that the entry ``Denatured Alcohol, NA
1987'' which corresponds to Guide 127 in the ERG is the more
appropriate shipping description. Based on the petition, we are
proposing to reinstate the entry. We are also proposing to add the new
special provision for the entries ``Denatured Alcohol, NA 1987'' and
``Alcohols, n.o.s., UN 1987'' to allow solutions of alcohol and
petroleum products be described as either ``Denatured Alcohol'' or
``Alcohols, n.o.s.'' provided the solution contains no more than 5%
petroleum products.
We are proposing to correct an error in columns (9A) and (9B) for
the entries ``sec-Butyl chloroformate, NA 2742'' and ``Isobutyl
chloroformate, NA 2742.'' The current HMT reflects these material may
be transported by air. These materials are poisonous by inhalation in
Hazard Zone B and are forbidden on passenger and cargo only aircraft.
We are proposing to revise the entry for ``Refrigerating machines,
containing flammable, non-toxic, liquefied gas, UN 3358'' by adding a
reference to Sec. 173.307 in column (8A) of the HMT. Section 173.307
excepts refrigerating machines containing 12 kg (25 pounds) or less of
a flammable, non-toxic gas from the HMR, except when offered or
transported by air or vessel. We are also proposing to correct
inconsistencies with the International Maritime Dangerous Goods (IMDG)
Code pertaining to vessel stowage for this entry.
We are proposing to revise the entry for ``1,3,5-Trimethylbenzene,
UN 2325'' by adding a limited quantity exception for flammable liquids
(see Sec. 173.150) in Column (8A) of the HMT. This revision would be
consistent with entries for other PG III flammable liquids in the HMR
and in international regulations.
Section 172.102
We are proposing to revise Special provision 53 to provide relief
from the subsidiary hazard class/division entry on the shipping paper
if the material is excepted from the subsidiary label requirements.
Section 172.203
For readers' convenience, we are proposing to add a new paragraph
(l)(4) which cross-references Sec. 171.4. Section 171.4 excepts marine
pollutants in non-bulk packagings from the HMR, except when transported
by vessel.
Section 172.205
Section 172.205 prescribes shipping paper requirements for
shipments of hazardous waste. Frequently, users of the HMR are not
aware that the word ``Waste'' must precede the proper shipping name as
provided by Sec. 172.101(c)(9). We are proposing to add a new
paragraph alerting the user to this requirement.
Section 172.504
In a final rule published on June 21, 2001 (HM-215D; 66 FR 33426),
we authorized the display of only one placard bearing one compatibility
letter when certain Class 1 materials of different compatibility groups
are transported together in a single transport vehicle or container. We
are proposing to amend Sec. 172.504(g)(2) to clarify that explosives
articles of compatibility groups C, D, or E when transported with
explosives articles in compatibility group N may be placarded with a
Class 1 compatibility group D placard.
Section 172.519
We are proposing to editorially revise paragraph (f) by adding the
parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter),''
after the wording ``ICAO Technical Instructions, the IMDG Code, or the
TDG Regulations''.
Part 173
Section 173.7
Currently, Sec. 173.7 authorizes military shipments of hazardous
materials if the materials are packaged in accordance with the HMR or
in packagings of equal or greater strength and efficiency as certified
by DOD in accordance with the procedures prescribed by ``Performance
Oriented Packagings of Hazardous Material, DLAR 4145.41/AR 700-143/AFR
71-5/NAVSUPINST 4030.55/MCO 4030.40.'' The DOD has revised this
document and renamed it ``Packaging of Hazardous Material, DLAD
4145.41/AR 700-143/AFJI 24-210/NAVSUPINST 4030.55B/MCO 4030.40B.'' In
this NPRM, we are proposing to update the reference to the revised
document.
Section 173.28
In paragraph (b)(3), we are proposing to clarify that packagings
made of fiberboard are authorized for reuse.
Section 173.31
Since January 1, 1978, new non-pressure tank cars have had bottom
outlet protection. To determine retrofit requirements, the FRA and the
industry participated in a risk-analysis evaluation of the commodities
carried in these cars. Those commodities requiring bottom outlet
protection were listed in Appendix Y to the Tank Car Manual (AAR Manual
of Standards and Recommended Practices,--1002). From time to time,
additional commodities have been added. As far back as 1981, the risk-
analysis evaluation has determined that molten sulfur does not require
any retrofitted protection; consequently, it was not listed. Based on
similar analysis, elevated temperature materials were not listed.
Despite this, the regulations promulgated under a final rule published
on September 21, 1995 ( HM-175A; 60 FR 49073), require retrofit by July
1, 2006, for all commodities not specifically listed in Appendix Y. In
this NPRM we are proposing to lessen the burden on shippers of molten
sulfur and elevated temperature materials by explicitly removing these
commodities from the requirement to retrofit tank cars.
Section 173.150
Paragraph (f)(1) defines the term ``combustible liquid'' and states
that a flammable liquid reclassed as ``combustible liquid'' may not be
transported by air or vessel, except when other means of transportation
is impracticable. Section 173.120 Class 3-Definitions, paragraph
(b)(2), contains the same information. In this NPRM, we are proposing
to remove paragraph (f)(1) to eliminate the redundancy.
Section 173.225
Currently, the Note to paragraph (e)(3)(vi) directs the reader to
Appendix 5 of the UN Manual of Tests and Criteria
[[Page 49849]]
for an example of a method to determine the size of emergency-relief
devices. The American Institute of Chemical Engineers (AIChE), in a
document published in the Process Safety Progress Journal (see Sec.
171.7 preamble), describes an alternative method to determine the size
of emergency-relief devices on portable tanks transporting organic
peroxides. In this NPRM, we are proposing to also authorize this
alternative method.
Section 173.241
For clarity, in paragraph (c), we are proposing to add a reference
to certain additional requirements in Sec. 176.340 that apply when
offering combustible liquids in portable tanks for transportation by
vessel.
Section 173.301
In paragraph (a)(9), we are proposing to revise the second sentence
containing a requirement that the outside packaging must conform to the
requirements in Sec. 173.25. Because of their thin walls, size, or
shape, 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders
must be offered in a combination packaging, where the cylinder is the
inner packaging contained in a strong non-bulk outer packaging. In
addition to the applicable marking and labeling requirements in
subparts D and E, respectively, the outer packaging must be marked with
an indication that the inner packagings conform to the applicable
specifications. This change will remove the implication that the outer
packaging is an overpack and, as such, each inner packaging must meet
the applicable part 172 marking and labeling requirements.
In paragraph (l)(2), we are proposing to revise the wording to
state clearly that foreign cylinders filled for export must be fitted
with pressure relief devices when required by the HMR for the gas
contained within the cylinder. In a final rule published on August 8,
2002 (HM-220D; 67 FR 51645), we revised the language stating that the
cylinders must meet the specifically listed requirements ``in addition
to other requirements of this subchapter.'' In removing the wording
``in addition to other requirements of this subchapter,'' we
inadvertently overlooked that the wording included compliance with the
pressure relief device requirements.
We are proposing to editorially revise paragraph (m) by adding the
parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)''
after the first occurrence of the term ``Canadian Transport of
Dangerous Goods (TDG) Regulations.''
Section 173.302a
In paragraph (a), we are proposing a minor editorial change.
In paragraph (d), we are proposing to authorize use of a DOT
3AL1800 cylinder for the transportation of diborane and diborane
mixtures.
We are proposing to add paragraph (e) to reinstate the requirement
that a cylinder containing fluorine may not be charged to over 400 psig
at 21 [deg]C (70 [deg]F) and may not contain more than 2.7 kg (6 lbs)
of gas. It was brought to our attention that this requirement was
removed in HM-220D and, for safety concerns, should be reinstated.
Section 173.304a
In the paragraph (a)(2) table, in column 3, we are proposing to
remove several references to DOT specification 4, 4A, 9, 38, 40 and 41
cylinders. In a final rule published August 8, 2002 (HM-220D; 67 FR
51647) we discontinued authorization for the use of DOT 3C, 3D, 4, 4A,
4B240X, 4B240FLW, 4C, 9, 25, 26, 33, 38, 40 and 41 cylinders. Also, for
the entry Bromotrifluoromethane, we propose to correct ``DOT-3AL40'' to
read ``DOT-3AL400'' in column 3.
Sections 173.314 and 173.319
Currently the HMR require a shipper to notify the Bureau of
Explosives (BOE) whenever a rail car containing a time-sensitive
product is not received by the consignee within 20 days from shipment.
We are proposing to revise the requirement to require notification to
the appropriate office in the Federal Railroad Administration.
Section 173.315
We are proposing to revise the paragraph (a) table by adding a new
Note 27 which authorizes the use of non-specification cargo tanks for
the entry ``Ammonia, anhydrous or Ammonia solutions, with greater than
50 percent ammonia.''
Section 173.337
In the introductory text, we are proposing to reinstate a
requirement that a cylinder containing nitric oxide may be charged to a
pressure of not more than 5,170 kPa (750 psig) at 21 [deg]C (70
[deg]F). It was brought to our attention that this requirement was
inadvertently removed in HM-220D and, for safety concerns, should be
reinstated.
Part 178
Sections 178.338-2 and 178.345-2
We are proposing to remove the reference to ASTM Standard A 607 and
add ASTM Standards A 1008/A 1008M and A 1011/A 1011M in its place. See
Sec. 171.7 preamble discussion.
Section 178.606
In paragraph (c)(2), we are proposing to correct the formula for
calculating the pressure to be applied when a packaging containing a
solid is subjected to a dynamic compression test. The formula currently
in the HMR is applicable to liquids.
Part 179
Section 179.200-7
We are proposing to amend paragraph (e) by adding a reference to
Sec. 171.7 for a standard that is incorporated by reference.
Part 180
Section 180.205
In paragraph (c)(2), we are proposing to add a reference to new
Sec. 180.212. See Sec. 180.212 preamble discussion. Also, we are
proposing to broaden the provisions in paragraph (I)(2) to allow a
composite cylinder that is condemned to have the wording ``CONDEMNED''
displayed instead of stamped on the cylinder. The use of a label is
currently authorized in some exemptions.
Section 180.212
The HMR authorize the repair of DOT 4-series cylinders, but not DOT
3-series cylinders. In this NPRM, we are proposing to allow repairs to
a DOT 3-series cylinder under the terms of an approval issued by the
Associate Administrator under subpart H of part 107. In addition, the
person that performs the repair work must have an approval as currently
required under subpart I of part 107.
Note in this regard, however, that certain repairs to cylinders
will not require an approval. For example, an approval will not be
required for the removal and replacement of non-pressure components on
a DOT 3-series cylinder, such as a neck ring or foot ring; the
replacement material must be equivalent to that used at the time of
original manufacture. Such repairs were authorized in former Sec.
173.34(h) of the HMR for DOT 3A, 3AA, 3B, and the obsolete 3C cylinder
when performed by a manufacturer of these types of cylinders, tested
and repaired under the supervision of an inspector, and reported in
accordance with the original specification. We removed Sec. 173.34(h)
from the HMR in HM-220D. In this NPRM, we propose to add these
requirements back into the regulations and also allow repairs to be
made by a DOT authorized repair facility.
[[Page 49850]]
Additionally, no approval will be required for the repair of worn
or damaged cylinder neck threads when performed by the original
cylinder manufacturer in accordance with the cylinder's specification
requirements and under the supervision of an independent inspection
agency. CGA Pamphlets C-6 and C-6.1 contain guidelines for inspection
of the cylinder neck areas for damaged threads. The cylinder must be
rejected if the required number of effective threads are not engaged to
provide a gas-tight seal. The rejected cylinder may qualify for repair
to restore the effectiveness of the threads. If the threads cannot be
repaired, the cylinder must be condemned. We proposed to update the
reference to CGA Pamphlet C-6.1 from the 1995 to the 2002 edition in an
NPRM published on September 10, 2003 (HM-220F; 68 FR 53318). The 2002
edition contains criteria for inspection of cylinder neck threads for
abnormal thread conditions resulting from structural defects,
corrosion, or damage. Currently CGA is updating CGA Pamphlet C-6 to
better address inspection for neck areas on high pressure and low
pressure steel cylinders. We will consider adopting the revised
pamphlet in a future notice of proposed rulemaking.
Section 180.417
In paragraph (b)(2)(v), we are proposing to reinstate the
requirement that each test or inspection report completed for a
repaired cargo tank must include the ASME or National Board Certificate
of Authorization number of the facility performing the repairs.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) and was not reviewed by the Office of
Management and Budget (OMB). The proposed rule is not considered a
significant rule under the Regulatory Policies and Procedures order
issued by the U.S. Department of Transportation (44 FR 11034). The
costs and benefits of this proposed rule are considered to be so
minimal as to not warrant preparation of a regulatory impact analysis
or a regulatory evaluation.
In this notice, we propose to amend miscellaneous provisions in the
HMR to clarify the provisions and to relax overly burdensome
requirements. We are also responding to requests from industry
associations to update and add references to standards that are
incorporated in the HMR. These clarifications and updates of the HMR
will enhance safety.
B. Executive Order 13132
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt state, local and Indian tribe requirements
but does not propose any regulation that 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. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Federal hazardous material transportation law, 49 U.S.C.
5125(b)(1), contains an express preemption provision (49 U.S.C.
5125(b)) preempting state, local, and Indian tribe requirements on
certain covered subjects. Covered subjects are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
related to hazardous materials and requirements related to the number,
content, and placement of those documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container which is
represented, marked, certified, or sold as qualified for use in the
transport of hazardous materials.
This proposed rule concerns the classification, packaging, marking,
labeling, and handling of hazardous materials, among other covered
subjects. If adopted as final, this rule would preempt any State,
local, or Indian tribe requirements concerning these subjects unless
the non-Federal requirements are ``substantively the same'' (see 49 CFR
107.202(d)) as the Federal requirements.
Federal hazardous materials transportation law provides at 49
U.S.C. 5125(b)(2) that if RSPA issues a regulation concerning any of
the covered subjects, RSPA must determine and publish in the Federal
Register the effective date of Federal preemption. That effective date
may not be earlier than the 90th day following the date of issuance of
the final rule and not later than two years after the date of issuance.
RSPA proposes the effective date of federal preemption be 90 days from
publication of a final rule in this matter in the Federal Register.
C. Executive Order 13175
This proposed 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 proposed 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.
D. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities.
An agency must conduct a regulatory flexibility analysis unless it
determines and certifies that a rule is not expected to have a
significant impact on a substantial number of small entities. This
proposed rule would amend miscellaneous provisions in the HMR to
clarify provisions based on our own initiatives and also on petitions
for rulemaking. While maintaining safety, it would relax certain
requirements that are overly burdensome and would update references to
consensus standards that are incorporated in the HMR. The proposed
changes are generally intended to provide relief to shippers, carriers,
and packaging manufacturers, including small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered. The changes
proposed in this Notice will enhance safety, and I certify that this
proposal, if promulgated, would not have a significant economic impact
on a substantial number of small entities.
E. Paperwork Reduction Act
This proposed rule may result in a minimal change in information
collection and recordkeeping burden under OMB Control Number 2137-0559,
due to editorial changes to Sec. Sec. 173.314 and 173.319 regarding
HMR requirements to notify BOE whenever a
[[Page 49851]]
rail car containing a time-sensitive product is not received by the
consignee within 20 days from shipment. Since BOE no longer exists, we
are proposing to remove references to BOE in Sec. Sec. 173.314 and
173.319, and replace them with references to FRA. This proposed rule
may result in a minimal change in burden since FRA instead of BOE will
now be notified if a rail car containing a time-sensitive product is
not received within 20 days from shipment. RSPA currently has an
approved information collection under OMB Control Number 2137-0559,
``Requirements for Rail Tank Car Tanks--Transportation of Hazardous
Materials by Rail'' with 2,759 burden hours which expires on May 31,
2006.
Section 1320.8(d), Title 5, Code of Federal Regulations requires
that RSPA provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. This notice identifies a new information
collection request that RSPA will submit to OMB for approval based on
the requirements in this proposed rule.
RSPA has developed burden estimates to reflect changes in this
proposed rule. RSPA estimates the total information and recordkeeping
burden as proposed in this rule as: Requirements for Rail Tank Car
Tanks--Transportation of Hazardous Materials by Rail'' OMB Number 2137-
0559:
Total Annual Number of Respondents: 266.
Total Annual Responses: 16,781.
Total Annual Burden Hours: 2,689.
Total Annual Burden Cost: $102,586.25.
Requests for a copy of this information collection should be
directed to Deborah Boothe or T. Glenn Foster, Office of Hazardous
Materials Standards (DHM-10), Research and Special Programs
Administration, Room 8430, 400 Seventh Street, SW., Washington, DC
20590-0001, telephone (202) 366-8553.
All comments should be addressed to the Dockets Unit as identified
in the ADDRESSES section of this rulemaking, and received prior to the
close of the comment period identified in the DATES section of this
rulemaking. In addition, you may submit comments specifically related
to the information collection burden to the RSPA Desk Officer, OMB, at
fax number 202-395-6974. Under the Paperwork Reduction Act of 1995, no
person is required to respond to an information collection unless it
displays a valid OMB control number.
F. 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 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.
G. Unfunded Mandates Reform Act
This proposed 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.
H. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347) requires Federal agencies to consider the
consequences of major Federal actions and prepare a detailed statement
on actions significantly affecting the quality of the human
environment. We developed an assessment to determine the effects of the
proposed revisions on the environment and whether a more comprehensive
environmental impact statement may be required. We have tentatively
concluded that there are no significant environmental impacts
associated with this proposed rule. Interested parties, however, are
invited to review the Environmental Assessment available in the docket
and to comment on what environmental impact, if any, the proposed
regulatory changes would have.
I. Privacy Act
Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (65 FR 19477) or you
may visit http://dms.dot.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, 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 178
Hazardous materials transportation, Motor vehicle safety, Packaging
and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is proposed to
be amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. 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.
2. In Sec. 171.7:
a. In the paragraph (a)(3) table:
(1) A new entry for the American Institute of Chemical Engineers is
added to the table in appropriate alphabetical order;
(2) Under the entry ``American Society for Testing and
Materials,'', the entry for ASTM Standard A 607-98 is removed and two
new standards are added in appropriate numerical order;
(3) Under the entry ``Chlorine Institute, Inc.'', the entries for
Chlorine Institute Emergency Kit ``A'' and ``B'' are revised;
(4) Under the entry ``Department of Defense (DOD),'' a new entry is
added in appropriate alphabetical order; and
(5) Under the entry ``Transport Canada,'' the entry is revised.
b. In the paragraph (b) table, the entry ``National Association of
Corrosion Engineers'' is removed.
The revisions and additions read as follows:
[[Page 49852]]
Sec. 171.7 Reference material.
(a) * * *
(c) Table of material incorporated by reference. * * *
------------------------------------------------------------------------
Source and name of material 49 CFR reference
------------------------------------------------------------------------
* * * * * * *
American Institute of Chemical Engineers,
3 Park Avenue, New York, NY 10016-5991, 173.225
AICChE Process Safety Progress Journal,
June 2002, issue (Vol. 21, No. 2), An
Example of a Text Method for Vent Sizing--
OPPSD/SPI Methodology.....................
* * * * * * *
American Society for Testing and Materials,
* * * * * * *
ASTM A 1008/A 1008M--03 Standard 178.338-2; 178.345-2
Specification for Steel, Sheet, Cold-
Rolled, Carbon, Structural, High-Strength
Low-Alloy and High Strength Low-Alloy with
Improved Formability......................
ASTM A 1011/A 1011M--03a Standard 178.338-2; 178.345-2
Specification for Steel, Sheet and Strip,
Hot-Rolled, Carbon, Structural, High-
Strength Low Alloy and High Strength Low-
Alloy with Improved Formability...........
* * * * * * *
The Chlorine Institute, Inc.,
* * * * * * *
Chlorine Institute Emergency Kit ``A'' for 173.3
100-lb. & 150 lb. Chlorine Cylinders (with
the exception of repair method using
Device 8 for side leaks), Edition 10, June
2003......................................
Chlorine Institute Emergency Kit ``B'' for 173.3
Chlorine Ton Containers (with the
exception of repair method using Device 9
for side leaks), Edition 9, June 2003.....
* * * * * * *
Department of Defense, (DOD),
* * * * * * *
Packaging of Hazardous Material, DLAD 173.7
4145.41/AR 700-143/AFJI 24-210/NAVSUPINST
4030.55B/MCO 4030.40B.....................
* * * * * * *
Transport Canada,
* * * * * * *
Transportation of Dangerous Goods (TDG) 171.12a; 172.401;
Regulations, August 2001 including Clear 172.502; 172.519;
Language Amendments SOR/2001-286, and 172.602; 173.301.
Amendment 1 SOR/2002-306), Amendment 2
(SOR/2003-273), and Amendment 3 (SOR/2003-
400)......................................
* * * * * * *
------------------------------------------------------------------------
Sec. 171.8 [Amended]
3. In Sec. 171.8, the definition for ``Materials of trade'' is
amended by removing the wording ``in direct support of a principal
business that is other than transportation by motor vehicle''.
4. In Sec. 171.12a, paragraph (b)(2) is revised to read as
follows:
Sec. 171.12a Canadian shipments and packagings.
* * * * *
(b) * * *
(2) A material designated as a hazardous material under this
subchapter which is not subject to the requirements of the TDG
Regulations or is afforded hazard communication or packaging exceptions
not authorized in this subchapter (e.g., paragraph 1.16 of the TDG
Regulations excepts quantities of hazardous materials less than or
equal to 500 kg gross transported by highway or rail) may not be
transported under the provisions of this section.
* * * * *
Sec. 171.14 [Amended]
5. In Sec. 171.14, paragraph (d)(3) is removed and reserved.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
6. The authority citation for part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.53.
7. In Sec. 172.101, the first and second sentence in paragraph
(i)(3), are revised and a new paragraph (i)(5) is added to read as
follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(i) * * *
(3) * * * Column 8C specifies the section in part 173 of this
subchapter which prescribes packaging requirements for bulk packagings,
subject to the limitations, requirements and additional authorizations
of Columns 7 and 8B. A ``None'' in Column 8C means bulk packagings are
not authorized, except as may be provided by special provisions in
Column 7 and in Column 8B. * * *
* * * * *
(5) Cylinders. For cylinders, both non-bulk and bulk packaging
authorizations are set forth in Column 8B. Notwithstanding a
designation of ``None'' in Column 8C, a bulk cylinder
[[Page 49853]]
may be used when specified through the section reference in Column 8B.
* * * * *
8. 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 49854]]
Sec. 172.101.--Hazardous Materials Table
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hazardous Packaging (Sec. 173.***) (8) Quantity limitations (9) Vessel stowage (10)
materials Special ------------------------------------------------------------------------------------------------------------
Symbols descriptions Hazard class or Identification PG Label codes provisions (Sec.
and proper division numbers 172.102) Exceptions Non-bulk Bulk Passenger Cargo Location Other
shipping names aircraft/rail aircraft only
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(1) (2)............ (3).............. (4) (5)........... (6)........... (7).............. (8A).......... (8B).......... (8C).......... (9A).......... (9B)......... (10A)........ (10B)
--------
* * * * * * *
[REMOVE:]
* * * * * * *
+ Bromine or 8................ UN1744 I............. 8, 6.1........ 1, A3, A6, B9, None.......... 226........... 249........... Forbidden..... Forbidden.... 12, 40, 66,
Bromine B64, B85, N34, 74, 89, 90
solutions. N43, T22, TP2,
TP10, TP12, TP13.
* * * * * * *
* * * * * * *
[ADD:]
* * * * * * *
+ Bromine........ 8................ UN1744 I............. 8, 6.1........ 1, B9, B64, B85, None.......... 226........... 249........... Forbidden..... Forbidden.... D............ 12, 40, 66,
N34, N43, T22, 74, 89, 90
TP2, TP10, TP12,
TP13.
+ Bromine 8................ UN1744 I............. 8, 6.1........ 1, B9, B64, B85, None.......... 226........... 249........... Forbidden..... Forbidden.... D............ 12, 40, 66,
solutions. N34, N43, T22, 74, 89, 90
TP2, TP10, TP12,
TP13.
+ Bromine 8................ UN1744 I............. 8, 6.1........ 2, B9, B64, B85, None.......... 227........... 249........... Forbidden..... Forbidden.... D............ 12, 40, 66,
solutions. N34, N43, T22, 74, 89, 90
TP2, TP10, TP12,
TP13.
* * * * * * *
D Denatured 3................ NA1987 II............ 3............. 172,T8, T31...... 150........... 202........... 242........... 5L............ 60L.......... B............ .............
alcohol.
............... ................. .............. III........... 3............. 172, B1, T7, T30. 150........... 203........... 242........... 60L........... 220L......... A............ .............
* * * * * * *
[REVISE:]
* * * * * * *
Alcohols, n.o.s 3................ UN1987 I............. 3............. 172, T11, TP1, None.......... 201........... 243........... 1 L........... 30 L......... E............ .............
TP8, TP27.
............... ................. .............. II............ 3............. 172, 1B2, T7, 150........... 202........... 242........... 5 L........... 60 L......... B............ .............
TP1, TP8, TP28.
............... ................. .............. III........... 3............. 172, B1, IB3, T4, 150........... 203........... 242........... 60 L.......... 220 L........ A............ .............
TP1, TP29.
* * * * * * *
D Sec-Butyl 6.1.............. NA2742 I............. 6.1, 3, 8..... 2, B9, B14, B32, None.......... 227........... 244........... Forbidden..... Forbidden.... A............ 12, 13, 22,
chloroformate. B74, T20, TP4, 25, 40, 48,
TP12, TP13, 100
TP38, TP45.
* * * * * * *
D Isobutyl 6.1.............. NA2742 I............. 6.1, 3, 8..... 2, B9, B14, B32, None.......... 227........... 244........... Forbidden..... Forbidden.... A............ 12, 13, 22,
chloroformate. B74, T20, TP4, 25, 40, 48,
TP12, TP13, 100
TP38, TP45.
[[Page 49855]]
* * * * * * *
Refrigerating 2.1.............. UN3358 .............. 2.1........... ................. 306, 307...... 306........... 306........... Forbidden..... Forbidden.... D............ .............
machines,
containing
flammable, non-
toxic,
liquefied gas.
* * * * * * *
1,3,5- 3................ UN2325 III........... 3............. B1, IB3, T2, TP1. 150........... 203........... 242........... 60 L.......... 220 L........ A............ .............
Trimethylbenze
ne.
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 49856]]
9. In Sec. 172.102, in paragraph (c)(1), Special revision 53, the
first sentence is revised and new Special provision 172 is added in
appropriate numerical order to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
53 Packages of these materials must bear the subsidiary risk label,
``EXPLOSIVE'', and the subsidiary hazard class/division must be entered
in parentheses immediately following the primary hazard class in the
shipping description, unless otherwise provided in this subchapter or
through an approval issued by the Associate Administrator, or the
competent authority of the country of origin. * * *
* * * * *
172 This entry includes alcohol mixtures containing up to 5%
petroleum products.
* * * * *
10. In Sec. 172.203, a new paragraph (l)(4) is added to read as
follows:
Sec. 172.203 Additional description requirements.
* * * * *
(l) * * *
(4) Except when transported aboard vessel, marine pollutants in
non-bulk packagings are not subject to the requirements of this
subchapter (see Sec. 171.4 of this subchapter).
* * * * *
11. In Sec. 172.205, a new paragraph (i) is added to read as
follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(i) The shipping description for a hazardous waste must be modified
as required by Sec. 172.101(c)(9).
12. In Sec. 172.504, paragraph (g)(2) is revised to read as
follows:
Sec. 172.504 General placarding requirements.
* * * * *
(g) * * *
(2) Explosive articles of compatibility groups C, D, or E, when
transported with those in compatibility group N, may be placarded
displaying compatibility group D.
* * * * *
Sec. 172.519 [Amended]
13. In Sec. 172.519, in paragraph (f), the wording ``the ICAO
Technical Instructions, the IMDG Code, or the TDG Regulations,'' is
removed and the wording ``the ICAO Technical Instructions, the IMDG
Code, or the TDG Regulations (IBR, see Sec. 171.7 of this
subchapter),'' is added in its place.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
14. The authority citation for part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
Sec. 173.7 [Amended]
15. In Sec. 173.7, paragraph (a), the wording ``Performance
Oriented Packaging of Hazardous Material, DLAR 4145.41/AR 700-143/AFR
71-5/NAVSUPINST 4030.55/MCO 4030.40'' is removed and the wording
``Packaging of Hazardous Material, DLAD 4145.41/AR 700-143/AFJI 24-210/
NAVSUPINST 4030.55B/MCO 4030.40B (IBR, see Sec. 171.7 of this
subchapter)'' is added in its place.
16. In Sec. 173.28, paragraph (b)(3) is revised to read as
follows:
Sec. 173.28 Reuse, reconditioning and remanufacture of packagings.
* * * * *
(b) * * *
(3) Packagings made of paper (other than fiberboard), plastic film,
or textile are not authorized for reuse;
* * * * *
17. In Sec. 173.31, paragraph (b)(5), the second sentence is
revised to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(b) * * *
(5) * * * Tank cars not requiring bottom-discontinuity protection
under the terms of Appendix Y of the AAR Specifications for Tank Cars
as of July 1, 1996, must conform to these requirements no later than
July 1, 2006, except that tank cars transporting a material that is
hazardous only because it meets the definition of an elevated
temperature material or because it is molten sulfur do not require
bottom discontinuity protection. * * *
* * * * *
Sec. 173.150 [Amended]
18. In Sec. 173.150, paragraph (f)(1) is removed and paragraphs
(f)(2), (f)(3) and (f)(4) are redesignated as (f)(1), (f)(2) and (f)(3)
respectively.
19. In Sec. 173.225, the Note to paragraph (e)(3)(vi) is revised
to read as follows:
Sec. 173.225 Packaging requirements and other provisions for organic
peroxides.
* * * * *
(e) * * *
(3) * * *
(vi) * * *
Note To Paragraph (e)(3)(vi): Examples of methods to determine
the size of emergency-relief devices are given in Appendix 5 of the
UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this
subchapter) and AIChE Process Safety Progress Journal, Vol. 21, No.
2 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
Sec. 173.241 [Amended]
20. In Sec. 173.241, paragraph (c) is amended by adding a new last
sentence to read as follows:
Sec. 173.241 Bulk packagings for certain low hazard liquid and solid
materials.
* * * * *
(c) * * * For transportation of combustible liquids by vessel,
additional requirements are specified in Sec. 176.340 of this
subchapter.
* * * * *
21. In Sec. 173.301, paragraphs (a)(9), (l)(2) and (m)
introductory text are revised to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in
cylinders and spherical pressure vessels.
(a) * * *
(9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and
39 cylinders must be packed in strong non-bulk outer packagings. The
outside of the combination packaging must be marked with an indication
that the inner packagings conform to the prescribed specifications.
* * * * *
(l) * * *
(2) In addition to other requirements of this subchapter, the
maximum filling density, service pressure, and pressure relief device
for each cylinder conform to the requirements of this part for the gas
involved.
* * * * *
(m) Canadian cylinders in domestic use. A Canadian Transport
Commission (CTC) specification cylinder manufactured, originally marked
and approved in accordance with the CTC regulations and in full
conformance with the Canadian Transport of Dangerous Goods (TDG)
Regulations (IBR, see Sec. 171.7 of this subchapter) is authorized for
the transportation of a hazardous material to, from or within the
United States under the following conditions:
* * * * *
22. In Sec. 173.302a, new paragraph (e) is added and paragraph
(a)(3) and the first sentence in paragraph (d) are revised to read as
follows:
Sec. 173.302a Additional requirements for shipment of non-liquefied
(permanent) compressed gases in specification cylinders.
* * * * *
[[Page 49857]]
(a) * * *
(3) DOT 39 cylinders. When the cylinder is filled with a Division
2.1 material, the internal volume of the cylinder may not exceed 1.23 L
(75 in\3\).
* * * * *
(d) * * * Diborane and diborane mixed with compatible compressed
gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. * * *
(e) Fluorine. Fluorine must be shipped in specification 3A1000,
3AA1000, or 3BN400 cylinders without pressure relief devices and
equipped with valve protection cap. The cylinder may not be charged to
over 400 psig at 21 [deg]C (70 [deg]F) and may not contain over 2.7 kg
(6 lbs) of gas.
23. In Sec. 173.304a, in the paragraph (a)(2) table, in column 1,
for the entry ``Methyl acetylene-propadiene, mixtures, stabilized''
remove the phrase ``DOT-3A240''; and in column 3 make the following
changes:
a. For the entry ``Anhydrous ammonia'', remove the phrases ``DOT-
4;'' and ``DOT-4A480;'';
b. For the entry ``Bromotrifluoromethane'', remove the phrase
``DOT-4A400;'' and correct the entry ``DOT-3AL40'' to read ``DOT-
3AL400.'';
c. For the entry ``Chlorodifluoromethane [reg]-22)'', remove the
phrase ``DOT-41;'';
d. For the entry ``Chloropentafluorethane [reg]-115)'', remove the
phrase ``DOT-4A225;'';
e. For the entry ``Cyclopropane'', remove the phrase ``DOT-
4A225;'';
f. For the entry ``Dichlorodifluoromethane [reg]-12)'', remove the
phrases ``DOT-4A225;'', ``DOT-9;'' and ``DOT-41;'';
g. For the entry ``Dichlorodifluoromethane and difluoroethane
mixture (constant boiling mixture) (R-500)'', remove the phrases ``DOT-
4A240;'' and ``DOT-9;'';
h. For the entry ``Hydrogen sulfide'', remove the phrase ``DOT-
4A480;'';
i. For the entry ``Insecticide, gases liquefied'', remove the
phrases ``DOT-9; DOT-40;'' and ``DOT-41;'';
j. For the entry ``Methyl acetylene-propadiene, mixtures,
stabilized'', remove the phrase ``DOT-4; DOT-41;'';
k. For the entry ``Methyl chloride'', remove the phrases ``DOT-
4A225;'' ``DOT-4; DOT-38;'' and ``DOT-4A150;'';
l. For the entry ``Refrigerant gas, n.o.s. or Dispersant gas,
n.o.s.'', remove the phrases ``DOT-4A240;'' and ``DOT-9;'';
m. For the entry ``Sulfur dioxide'', remove the phrases ``DOT-
4A225;'' and ``DOT-4; DOT-38;'';
n. For the entry ``Trifluorochloroethylene, stabilized'', remove
the phrase ``DOT-4A300;''.
24. In Sec. 173.314, paragraph (g)(1) is revised to read as
follows:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(g) * * *
(1) The shipper shall notify the Federal Railroad Administration
whenever a tank car is not received by the consignee within 20 days
from the date of shipment. Notification to the Federal Railroad
Administration may be made by e-mail to Hmassist@fra.dot.gov or
telephone call to (202) 493-6229.
* * * * *
25. In Sec. 173.315, in the paragraph (a) table, column 4, amend
the entry ``Ammonia, anhydrous or Ammonia solutions with greater than
50% ammonia'' by removing the wording ``Notes 12 and 17'' and adding
the wording ``Notes 12, 17 and 27'' in its place and following the
table, add Note 27 in the appropriate numerical order to read as
follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
* * * * *
(a) * * *
Note 27:
Non-specification cargo tanks may be used for transportation of
Ammonia, anhydrous and ammonia solutions with greater than 50%
ammonia, subject to the conditions prescribed in paragraph (m) of
this section.
* * * * *
26. In Sec. 173.319, paragraph (a)(3) is revised to read as
follows:
Sec. 173.319 Cryogenic liquids in tank cars.
* * * * *
(a) * * *
(3) The shipper shall notify the Federal Railroad Administration
whenever a tank car containing any flammable cryogenic liquid is not
received by the consignee within 20 days from the date of shipment.
Notification to the Federal Railroad Administration may be made by e-
mail to Hmassist@fra.dot.gov or telephone call to (202) 493-6229.
* * * * *
27. In Sec. 173.337, introductory text, the first sentence is
revised to read as follows:
Sec. 173.337 Nitric oxide.
Nitric oxide must be packed in DOT 3A1800, 3AA1800, 3E1800, or
3AL1800 cylinders charged to a pressure of not more than 5,170 kPa (750
psig) at 21 [deg]C (70 [deg]F) and conforming to the requirements in
Sec. 173.40. * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
28. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
29. In Sec. 178.338-2, paragraph (a), the last sentence is revised
to read as follows:
Sec. 178.338-2 Material.
(a) * * * All material used for evacuated jacket pressure parts
must conform to the chemistry and steelmaking practices of one of the
material specifications of Section II of the ASME Code or the following
ASTM Specifications: A 242, A 441, A514, A572, A 588, A 606, A 633, A
715, A1008/A 1008M, A 1011/A 1011M.
* * * * *
Sec. 178.345-2 [Amended]
30. In Sec. 178.345-2, paragraph (a)(1), the wording ``ASTM A
607'' is removed and the wording ``ASTM A 1008/ A 1008M, ``ASTM A 1011/
A 1011M'' is added in the appropriate numerical order.
Sec. 178.606 [Amended]
31. In Sec. 178.606, in paragraph (c)(2)(ii), make the following
changes:
a. For the formula, remove the wording ``Solids: A = (n - 1) [w +
(s x v x 8.3 x .95) x 1.5'' and add the wording ``Solids: A = (n - 1)
(m x 1.5)'' in its place; and
b. In the definitions following the formula, add the wording
``m=the certified maximum gross mass for the container in kilograms;''
in appropriate alphabetical order.
PART 179--SPECIFICATIONS FOR TANK CARS
32. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR part 1.53.
33. In Sec. 179.200-7, paragraph (e), the first sentence is
revised to read as follows:
Sec. 179.200-7 Materials.
* * * * *
(e) Nickel plate. Nickel plate must comply with the following
specification (IBR, see Sec. 171.7 of this subchapter): * * *
* * * * *
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
34. The authority citation for part 180 continues to read as
follows:
[[Page 49858]]
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
35. In Sec. 180.205, paragraphs (c)(2)(I), (I)(2) and (I)(3) are
revised to read as follows:
Sec. 180.205 General requirements for requalification of cylinders.
* * * * *
(c) * * *
(2) * * *
(i) Rejected and may be repaired or rebuilt in accordance with
Sec. 180.211 or 180.212, as appropriate; or
* * * * *
(i) * * *
(2) When a cylinder must be condemned, the requalifier must --
(i) Stamp a series of X's over the DOT specification number and the
marked pressure or stamp ``CONDEMNED'' on the shoulder, top head, or
neck using a steel stamp;
(ii) For composite cylinders, securely affix a label with the word
``CONDEMNED'', overcoated with epoxy near but not obscuring the
original manufacturer's label, to the cylinder; or
(iii) As an alternative to the stamping or labeling as described in
this paragraph (I)(2), at the direction of the owner, the requalifier
may render the cylinder incapable of holding pressure.
(3) No person may remove or obliterate the ``CONDEMNED'' marking.
In addition, the requalifier must notify the cylinder owner, in
writing, that the cylinder is condemned and may not be filled with
hazardous material and offered for transportation in commerce where use
of a specification packaging is required.
36. A new section 180.212 is added to read as follows:
Sec. 180.212 Repair of DOT-3 series specification cylinders.
(a) General requirements for repair of DOT 3 series cylinders. No
person may repair a DOT 3-series cylinder unless prior approval has
been obtained in accordance with this section. The repair facility must
hold an approval as specified in Sec. 107.805 of this subchapter. The
repair and the inspection must conform to the requirements of the
applicable cylinder specification contained in part 178 of this
subchapter and, except as provided in paragraph (b) of this section,
the provisions of an approval issued under subpart H of Part 107 of
this subchapter. The person performing the repair must prepare a report
containing, at a minimum, the results prescribed in Sec. 180.215.
(b) Repairs not requiring prior approval. Approval is not required
for the following specific repairs:
(1) The removal and replacement of a neck ring or foot ring on a
DOT 3A, 3AA, or 3B cylinder that does not affect a pressure part of the
cylinder when performed by a repair facility or a cylinder manufacturer
of these types of cylinders. The repair may be made by welding or
brazing in conformance with the original specification. After removal
and before replacement, the cylinder must be visually inspected and
defective cylinders must be rejected. The heat treatment, testing and
inspection of the repair under the supervision of an inspector must be
performed in accordance with the original specification.
(2) External re-threading of a DOT 3AX, 3AAX or 3T cylinder or
internal re-threading of a DOT-3 series cylinder to restore the total
number of neck threads engaged to the condition specified in the
applicable specification. The repair work must be performed by the
original manufacturer of the cylinder. Upon completion of the re-
threading, the threaded opening must be inspected by an independent
inspection agency and gauged in accordance with Federal Standard H-28
or an equivalent standard containing the same specification limits. The
re-threaded cylinder must be stamped clearly and legibly with the words
``RETHREAD'' on the shoulder, top head, or neck. No cylinder may be re-
threaded more than one time without approval of the Associate
Administrator.
37. In Sec. 180.417, paragraph (b)(2)(v) is revised to read as
follows:
Sec. 180.417 Reporting and record retention requirements.
* * * * *
(b) * * *
(2) * * *
(v) ASME or National Board Certificate of Authorization number of
facility performing repairs, if applicable;
* * * * *
Issued in Washington, DC on August 5, 2004, under authority
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 04-18357 Filed 8-11-04; 8:45 am]
BILLING CODE 4910-60-P