[Federal Register: September 7, 2004 (Volume 69, Number 172)]
[Rules and Regulations]
[Page 54042-54047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se04-11]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106, 107, 171, 172, 173, 178, 179 and 180
[Docket No. RSPA-04-16099 (HM-189W)]
RIN 2137-AD99
Hazardous Materials Regulations: Minor Editorial Corrections and
Clarifications
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor
regulatory changes and, in response to requests for clarification,
improves the clarity of certain provisions in the Hazardous Materials
Regulations (HMR). 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: October 1, 2004.
FOR FURTHER INFORMATION CONTACT: Darral Relerford, 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
The Research and Special Programs Administration (RSPA, we)
annually
[[Page 54043]]
reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180)
to identify errors that may confuse readers. Inaccuracies corrected in
this final rule include typographical and printing errors, incorrect
references to regulations in the CFR, inconsistent use of terminology,
and misstatements of certain regulatory requirements. In addition, we
are making certain other changes to improve the clarity of certain HMR
requirements.
Because these amendments do not impose new requirements, notice and
public procedure are unnecessary. In addition, making these amendments
effective without the customary 30-day delay following publication will
allow the changes to appear in the next revision of 49 CFR.
The following is a section-by-section summary of the amendments
made under this final rule. It does not discuss all minor editorial
corrections (for example, punctuation errors) and certain other minor
adjustments to enhance the clarity of the HMR.
II. Section-by-Section Review
Part 106
Section 106.70. In paragraph (b), in the first sentence, the
wording ``on you which are commenting'' is revised to read ``on which
you are commenting.''
Part 107
Section 107.219. In paragraph (c), we are removing an obsolete
reference to Sec. 107.201(c).
Appendix A to Subpart D of Part 107: In Appendix A to subpart D of
part 107, in the List of Frequently Cited Violations in Part II, under
the heading ``General Requirements'' under ``B. Training
requirements:'' entry 2. b., we are updating the Baseline assessment
from ``$250'' to read ``$275''. Also under the heading ``Offeror
Requirements--All hazardous materials,'' under ``D. Package Marking
Requirements,'' we are correcting the section reference ``Sec.
172.303(a)(4)'' to read ``Sec. 172.304(a)(4)'' in entry 8.
Part 171
Section 171.6. In paragraph (b)(2), the table of OMB control
numbers is revised to reflect current affected sections for OMB Control
Number 2137-0557.
Part 172
Section 172.101 Hazardous Materials Table (HMT). We are amending
the HMT to correct certain entries, as follows:
--For the entry ``Detonators, non-electric, for blasting,'' UN0455, in
column (10A), the vessel stowage location code ``5'' is corrected to
read ``05.''
--For the entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid,
solution etc.,'' in Column (2), the word ``solution'' is corrected from
Roman type to italics.
--For the entry ``Gasoline,'' 3, UN1203, in column (7), Special
Provision ``B101'' is corrected to read ``B1.''
--For the entry ``Methyl mercaptopropionaldehyde, see Thia-4-
pentanal,'' in Column (2), the word ``Thia-4-pentanal'' is corrected to
read ``4-Thiapentanal.''
--For the entry ``Perfumery Products, with flammable solvents,''
UN1266, Packing Group II, in column (9A), the quantity limitation for
passenger aircraft/rail is corrected to read ``15 L.'' This error
appears in Docket No. RSPA-2004-18575 (HM-189X) effective October 1,
2004 (July 13, 2004; 69 FR 41967).
--For the entry ``Self-reactive liquid type F, UN3229,'' Column (1) is
revised by reinstating the letter ``G,'' which was inadvertently
omitted in a recent rulemaking published on June 22, 2004, under Docket
No. RSPA 2003-13658 (HM-215E), ``Response to Appeals and Corrections,''
(69 FR 34604).
--For the entry ``Wood preservatives, UN1306,'' the proper shipping
name is corrected to read, ``Wood preservatives, liquid.'' This error
appears in Docket No. RSPA-2004-18575 (HM-189X).
Section 172.102. In paragraph (c)(7)(vi)(D)(3), we are correcting
the spelling of the word ``not.''
Section 172.202. In paragraph (a)(2), we are correcting the
reference to the section number for the Hazardous Materials Table. In
paragraph (a)(2)(ii), we are correcting a proper shipping name by
adding ``n.o.s.'' to ``Combustible liquid.''
Section 172.512. In paragraphs (a)(3) and (b)(3), we are correcting
section references.
Part 173
Section 173.32. In paragraph (c)(3), in the second sentence, we are
correcting the reference ``Sec. 178.275(f)(4)'' to read ``Sec.
178.275(f)(1).''
Section 173.61. In paragraph (c), we are correcting the ID number
``NA 0350'' to read ``UN 0350.''
Section 173.133. Paragraphs (b)(1)(i) and (iii), in the formula, we
are correcting ``LC50i'' to read ``LC50i'' and
``LC50i'' to read ``LC50i.''
Section 173.185. Paragraphs (g)(2) and (j) are corrected to provide
the correct section reference.
Section 173.225. In the Organic Peroxide Table, for the entry
``tert-Butyl peroxyneodecanoate [as a stable dispersion in water],''
UN3117, < =52, under column (6), ``Packing method'' we are removing ``,
IBC'' which is an error. Section 173.225(b)(6) states that the
designation ``IBC'' means that Special Provision IB52 in the Hazardous
Material Table in Sec. 172.102 applies. Special Provision IB52 does
not list ``UN3117'' as an authorized hazardous material for transport
in an IBC. An IBC, however, may be authorized for this hazardous
material when approved by the Associate Administrator as stated in
Sec. 172.102(c)(4).
Section 173.315. In paragraph (j)(3), in the last sentence, we are
correcting the reference ``Sec. 177.834(g)'' to read ``Sec.
177.834(a).''
Section 173.316. In paragraph (b), we are making a minor editorial
revision and correcting the reference ``Sec. 173.34(d)'' to read
``Sec. 173.301(f).''
Part 178
Section 178.68. In paragraph (i)(2), in the first sentence, we are
correcting the reference ``(i)(1)(i)'' to read ``(i)(1).''
Section 178.276. In paragraph (f), we are correcting the section
reference ``Sec. 178.275(h)'' to read ``Sec. 178.275(i).''
Section 178.358-5. In paragraph (c), we are correcting the
parenthetical phase ``(incorporated by reference; see Sec. 171.1 of
this subchapter)'' to read ``(IBR, see Sec. 171.7 of this
subchapter).''
Section 178.609. We are revising the wording in paragraphs (d)(1)
and (2) to clarify test requirements for infectious substances
packagings.
Section 178.707. In paragraph (c)(3)(iv), in the first sentence, we
are correcting the wording ``INCs'' to read ``IBCs.''
Part 179
Section 179.200-16. In paragraph (e), in the last sentence, we are
correcting the section reference ``Sec. 179.201-1(a)'' to read ``Sec.
179.201-1.''
Section 179.220-17. In paragraph (e), in the last sentence, we are
correcting the section reference ``Sec. 179.221-1(a)'' to read ``Sec.
179.221-1.''
Section 179.300-1. We are revising the section heading to remove an
obsolete reference to Sec. 179.302.
Part 180
Section 180.403. In the definition for ``Replacement of a barrel,''
we are correcting the section reference ``Sec. 178.337-1'' to read
``Sec. 178.320.''
Section 180.417. Paragraph (b)(1)(v) is duplicative of the
requirement in paragraph (b)(2)(v). Therefore, we are removing
paragraph (b)(1)(v) and
[[Page 54044]]
redesignating paragraph (b)(2)(v) as paragraph (b)(1)(v). Paragraph
(b)(2)(v) is being reserved.
III. Rulemaking Analyses and Notices
A. 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 there is no
economic impact of this rule, preparation of a regulatory impact
analysis is not warranted.
B. 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.
RSPA 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.
C. Executive Order 13175
This 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 rule does
not have tribal implications and does not impose substantial direct
compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
D. Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule makes minor
regulatory 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.
E. 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.
F. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
G. 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.
List of Subjects
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 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 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 106--RULEMAKING PROCEDURES
0
1. The authority citation for part 106 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
2. In Sec. 106.70, paragraph (b) is revised to read as follows:
Sec. 106.70 Where and when to file comments.
* * * * *
(b) Make sure that your comments reach us by the deadline set out
in the rulemaking document on which you are commenting. We will
consider late filed comments to the extent possible.
* * * * *
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
3. 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.
0
4. In Sec. 107.219, paragraph (c) introductory text is revised to read
as follows:
Sec. 107.219 Processing.
* * * * *
(c) The Associate Administrator will only consider an application
for waiver of preemption determination if--
* * * * *
0
5. In Appendix A to subpart D of part 107, in the List of Frequently
Cited Violations (part II), under the heading ``General Requirements''
under ``B. Training requirements:'' entry 2.b. and under the heading
``Offeror Requirements--All hazardous materials'' under ``D. Package
Marking Requirements:'', entry 8, are revised to read as follows:
[[Page 54045]]
II.--List of Frequently Cited Violations
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Violation description Section or cite Baseline assessment
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General Requirements
* * * * * * *
B. Training requirements: * * *
2. * * *.................................. ....................
b. 10 hazmat employees or fewer........... .................... $275 and up each area.
* * * * * * *
Offeror Requirements--All hazardous materials
D. Package Marking Requirements: * * *
8. Failure to locate required markings 172.304(a)(4) $800.
away from other markings that could
reduce their effectiveness.
* * * * * * *
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* * * * *
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
6. 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.
0
7. In Sec. 171.6, in the paragraph (b)(2) Table, the entry for ``2137-
0557'' is revised to read as follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) Table.
* * * * *
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Title 49 CFR part or section where
Current OMB control No. Title identified and described
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2137-0557.......................... Approvals for Hazardous Sec. Sec. 107.402; 107.403; 107.405;
Materials. 107.503; 107.705; 107.713; 107.715;
107.717; 107.803; 107.805; 107.807;
110.30; 172.101; 172.102, Special
Provisions 26, 19, 53, 55, 60, 105, 118,
121, 125, 129, 131, 133, 136, 172.102,
Special Provisions 26, 19, 53, 55, 60,
105, 118, 121, 125, 129, 131, 133, 136;
Special Provisions B45, B55, B61, B69,
B77, B81, N10, N72; 173a; 173.4; 173.7;
173.21; 173.22; 173.24; 173.38; 173.31;
173.51; 173.56; 173.58; 173.59; 173.124;
173.128; 173.159; 173.166; 173.171;
173.214; 173.222; 173.224; 173.225;
173.245; 173.301; 173.305; 173.306;
173.314; 173.315; 173.316; 173.318;
173.334; 173.340; 173.411; 173.433;
173.457; 173.471; 173.472; 173.476;
174.50; 174.63; 175.10; 175.701;
176.168; 176.340; 176.704; 178.3;
178.35; 178.47; 178.53; 178.270-3;
178.270-13; 178.273; 178.274; 178.503;
178.509; 178.605; 178.606; 178.608;
178.801; 178.813; 180.213.
* * * * * * *
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* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
0
8. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.101 [Amended].
0
9. In Sec. 172.101, in the Hazardous Materials Table, the following
changes are made:
0
a. For the entry ``Detonators, non-electric, for blasting'', UN0455, in
column (10A), ``5'' is removed and ``05'' is added in its place.
0
b. For the entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid,
solution etc'', in Column (2), ``solution'' is removed and
``solution,'' is added in its place.
0
c. For the entry ``Gasoline'', 3, UN1203, in column (7), ``B101'' is
removed and ``B1'' is added in its place.
0
d. For the entry ``Methyl mercaptopropionaldehyde, see Thia-4-
pentanal'', in Column (2), the word ``Thia-4-pentanal'' is removed and
``4-Thiapentanal'' is added in its place.
0
e. For the entry ``Perfumery products, with flammable solvents'',
UN1266, in column (9A), ``5 L'' is removed and ``15 L'' is added in its
place.
0
f. For the entry ``Self-reactive liquid type F'', UN3229, in Column
(1), the letter ``G'' is added.
0
g. For the entry ``Wood preservatives'', UN1306, in column (2), the
word ``Wood preservatives'' is removed and ``Wood preservatives,
liquid'' is added in its place.
0
10. In Sec. 172.102, paragraph (c)(7)(vi)(D)(3), is revised to read as
follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(7) * * *
(vi) * * *
(D) * * *
[[Page 54046]]
(3) When no bottom openings are authorized, the alternative
portable tank must not have bottom openings.
* * * * *
0
11. In Sec. 172.202, the first sentence in paragraph (a)(2)
introductory text and paragraph (a)(2)(ii) are revised to read as
follows:
Sec. 172.202 Description of hazardous material on shipping papers.
(a) * * *
(2) The hazard class or division number prescribed for the
material, as shown in Column (3) of the Sec. 172.101 Table. * * *
* * * * *
(ii) The hazard class need not be included for the entry
``Combustible liquid, n.o.s.''.
* * * * *
0
12. In Sec. 172.512 paragraph (a)(3) and (b)(3) are revised to read as
follows:
Sec. 172.512 Freight containers and aircraft unit load devices.
(a) * * *
(3) Placarding is not required on a freight container or aircraft
unit load device if it is only transported by air and is identified as
containing a hazardous material in the manner provided in part 7,
chapter 2, section 2.7, of the ICAO Technical Instructions (IBR, see
Sec. 171.7 of this subchapter).
* * * * *
(b) * * *
(3) Is identified as containing a hazardous material in the manner
provided in part 7, chapter 2, section 2.7, of the ICAO Technical
Instructions. When hazardous materials are offered for transportation,
not involving air transportation, in a freight container having a
capacity of less than 640 cubic feet the freight container need not be
placarded. However, if not placarded, it must be labeled in accordance
with subpart E of this part.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
13. 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. 173.32 [Amended].
0
14. In Sec. 173.32, in the second sentence in paragraph (c) (3), the
wording ``Sec. Sec. 178.275(f)(4) and 178.277'' is revised to read
``Sec. Sec. 178.275(f)(1) and 178.277''.
Sec. 173.61 [Amended].
0
15. In Sec. 173.61, in paragraph (c), the ID number ``NA 0350'' is
revised to read ``UN 0350'' and placed in alphanumeric order.
0
16. In Sec. 173.133, the formulas in paragraphs (b)(1)(ii) and
(b)(1)(iii) are revised to read as follows:
Sec. 173.133 Assignment of packaging group and hazard zones for
Division 6.1 materials.
* * * * *
(b) * * *
(1) * * *
(i) The LC50 of the mixture is estimated using the
formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.000
* * *
(iii) The ratio of the volatility to the LC50 is
calculated using the formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.001
* * * * *
Sec. 173.185 [Amended].
0
17. In Sec. 173.185, the following changes are made:
0
a. In paragraph (g)(2), the wording ``(e)(5)'' is revised to read
``(e)(4)''.
0
b. In paragraph (j), the wording ``(e)(5)'' is revised to read
``(e)(4)''.
Sec. 173.225 [Amended].
0
18. In Sec. 173.225, in the paragraph (b), in the Organic Peroxide
Table, for the entry ``tert-Butyl peroxyneodecanoate [as a stable
dispersion in water], UN3117, < =52'', in column (6), ``OP8, IBC'' is
revised to read ``OP8''.
0
19. In Sec. 173.315, paragraph (j)(3) is revised to read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
* * * * *
(j) * * *
(3) The containers must be braced or otherwise secured on the
vehicle to prevent relative motion while in transit. Valves or other
fittings must be adequately protected against damage during
transportation. (See Sec. 177.834(a) of this subchapter.)
* * * * *
Sec. 173.316 [Amended].
0
20. In Sec. 173.316, paragraph (b), the wording ``Sec. 173.34(d)'' is
revised to read ``Sec. 173.301(f)''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
21. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
22. In Sec. 178.68, paragraph (i)(2) is revised to read as follows:
Sec. 178.68 Specification 4E welded aluminum cylinders.
* * * * *
(i) * * *
(2) If the weld is at midlength of the cylinder, the test may be
made as specified in paragraph (i)(1) of this section or must be made
between wedge shaped knife edges (60[deg] angle) rounded to a \1/2\
inch radius. There must be no evidence of cracking in the sample when
it is flattened to no more than 6 times the wall thickness.
* * * * *
Sec. 178.276 [Amended].
0
23. In Sec. 178.276, in paragraph (f), in the fourth sentence, the
wording ``Sec. 178.275(h)'' is revised to read ``Sec. 178.275(i)''.
0
24. In Sec. 178.358-5, paragraph (c) is revised to read as follows:
Sec. 178.358-5 Required markings.
* * * * *
(c) For Specification 21PF-1A and -1B only, the markings required
by this section must be affixed to each overpack by inscription upon a
metal identification plate 11 inches wide x 15 inches long (28 cm x 38
cm), fabricated of 16 to 20 gauge stainless steel sheet, ASTM A-240/A
240M (IBR, see Sec. 171.7 of this subchapter), Type 304L.
* * * * *
0
25. In Sec. 178.609, the introductory text to paragraphs (d)(1) and
(d)(2) are revised to read as follows:
Sec. 178.609 Test requirements for packaging for infectious
substances.
* * * * *
(d) * * *
(1) Where the samples are in the shape of a box, five samples must
be dropped, one in each of the following orientation: * * *
(2) Where the samples are in the shape of a drum, three samples
must be dropped, one in each of the following orientations: * * *
0
26. In Sec. 178.707, paragraph (c)(3)(iv) is revised to read as
follows:
Sec. 178.707 Standards for composite IBCs.
* * * * *
(c) * * *
(3) * * *
(iv) Composite IBCs intended for the transportation of liquids must
be capable of releasing a sufficient amount of vapor to prevent the
body of the IBC from rupturing if it is subjected to an internal
pressure in excess of that for which it was hydraulically tested. This
may be achieved by spring-loaded or
[[Page 54047]]
non-reclosing pressure relief devices or by other means of
construction.
* * * * *
PART 179--SPECIFICATIONS FOR TANK CARS
0
27. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 179.200-16 [Amended].
0
28. In Sec. 179.200-16, in paragraph (e), in the last sentence, the
reference ``Sec. 179-201-1(a)'' is corrected to read ``Sec. 179.201-
1''.
Sec. 179.220-17 [Amended].
0
29. In Sec. 179.220-17, in paragraph (e), in the last sentence, the
reference ``Sec. 179-221-1(a)'' is corrected to read ``Sec. 179.221-
1''.
0
30. In Sec. 179.300-1, the section heading is revised to read as
follows:
Sec. 179.300-1 Tanks built under these specifications shall meet the
requirements of Sec. Sec. 179.300 and 179.301.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
31. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
0
32. In Sec. 180.403, the definition of ``Replacement of a barrel'' is
revised to read as follows:
Sec. 180.403 Definitions.
* * * * *
Replacement of a barrel means to replace the existing tank on a
motor vehicle chassis with an unused (new) tank. For the definition of
tank, see Sec. 178.320, Sec. 178.345, or Sec. 178.338-1 of this
subchapter, as applicable.
* * * * *
0
33. In Sec. 180.417, paragraph (b)(1)(v) is revised, and paragraph
(b)(2)(v) is removed and reserved, to read as follows:
Sec. 180.417 Reporting and record retention requirements.
* * * * *
(b) * * *
(1) * * *
(v) Minimum thickness of the cargo tank shell and heads when the
cargo tank is thickness tested in accordance with Sec. 180.407(d)(4),
Sec. 180.407(e)(3), Sec. 180.407(f)(3), or Sec. 180.407(i);
* * * * *
Issued in Washington, DC, on August 17, 2004, under authority
delegated in 49 CFR part 1.
Samuel G. Bonasso,
Deputy Administrator.
[FR Doc. 04-19742 Filed 9-3-04; 8:45 am]
BILLING CODE 4910-60-P