Federal Register, Volume 63 Issue 190 (Thursday, October 1, 1998)

[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)]
[Rules and Regulations]
[Pages 52844-52851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25616]

[[Page 52843]]

_______________________________________________________________________

Part IV

Department of Transportation

_______________________________________________________________________

Research and Special Programs Administration

_______________________________________________________________________

49 CFR Part 107, et al.

Hazardous Materials Regulations; Editorial Corrections and
Clarifications; Final Rule

Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 /
Rules and Regulations

[[Page 52844]]

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, and 180

[Docket No. RSPA-98-4404 (HM-189O)]
RIN 2137-AD27

Hazardous Materials Regulations; Editorial Corrections and
Clarifications

AGENCY: Research and Special Programs Administration (RSPA), 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). The intended effect of this rule is to enhance the
accuracy and reduce misunderstandings of the HMR. This non-substantive
final rule correcting minor errors in the hazardous materials
regulations was not preceded by a notice of proposed rulemaking because
RSPA finds that notice and public comment are unnecessary under the
Administrative Procedure Act.

EFFECTIVE DATE: October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Charles E. Betts, 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:

Background

RSPA annually reviews the Hazardous Materials Regulations (HMR) to
identify errors which may confuse readers. Inaccuracies corrected in
this final rule include typographical errors, incorrect references to
other rules and regulations in the CFR, inconsistent use of
terminology, and misstatements of certain regulatory requirements. In
response to inquiries RSPA received concerning the clarity of
particular requirements specified in the HMR, certain other changes are
made to reduce uncertainties.
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 minor editorial
corrections (e.g., typographical, capitalization and punctuation
errors), changes to legal authority citations and certain other minor
adjustments to enhance the clarity of the HMR.

Section-by-Section Review

Part 107

Section 107.503

Paragraph (a)(3) is revised to remove an obsolete section
reference.

Section 107.606

Paragraph (a)(5) is revised to update a 49 CFR part reference. In
1976, 49 CFR part 1057 was redesignated as part 376. That change was
never corrected in the registration requirements at Sec. 107.606(a)(5).

Part 171

Section 171.7

In paragraph (a)(3), in the table of material incorporated by
reference, in the entry ``IME Safety Library Publication No. 22'', in
the second column, a reference to ``173.63'' is added immediately
before ``177.835''.

Section 171.8

A minor editorial change is made to the ``Marine pollutant''
definition to enhance its clarity.
In the ``Reportable Quantity'' definition, a reference to ``column
3'' is corrected to read ``column 2''.

Section 171.14

Paragraph (c) (1) is revised to clarify that the authorization
allowing a fiber drum with a removable head to be used for a liquid
hazardous material in Packing Group III that is not poisonous by
inhalation expired on September 30, 1997.

Part 172

Section 172.101

In paragraph (c)(11), a reference to ``Sec. 173.51'' is corrected
to read ``Sec. 173.54''.
In paragraph (f), in the first sentence, the word ``ORD-D'' is
removed and the word ``ORM-D'' is added in its place.
The Hazardous Materials Table (the Table). The Table is amended to
read as follows:
The entry ``Anhydrous ammonia see Ammonia, anhydrous, liquefied''
is corrected by removing the word ``,liquefied''. Separate entries for
``Ammonia, anhydrous'' and ``ammonia solutions'' were created under
Docket HM-215B [62 FR 24707; May 6, 1997].
In the following proper shipping names, the word ``gases'' is
revised to read ``gas'', for consistency with the way they are shown in
the UN Recommendations:
Compressed gases, flammable, n.o.s.;
Compressed gases, n.o.s.;
Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone
A;
Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone
B;
Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone
C;
Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone
D;
Compressed gases, toxic, n.o.s. Inhalation Hazard Zone A;
Compressed gases, toxic, n.o.s. Inhalation Hazard Zone B;
Compressed gases, toxic, n.o.s. Inhalation Hazard Zone C;
Compressed gases, toxic, n.o.s. Inhalation Hazard Zone D.
The entry ``Diphenylmethane-4,4' diisocyanate'' is removed. This
material does not meet the toxicity criteria for a Division 6.1 Packing
Group III material, and this entry was also deleted from the List of
Dangerous Goods in the ninth revised edition of the UN Recommendations.
The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' is
corrected by removing ``122'' and replacing it with ``12''.
For the entry ``Methyl isocyanate, 6.1,UN2480'', Column (7) is
corrected by removing Special Provision ``A7''. This material is
forbidden for transportation by aircraft.
For the entry ``Sodium hydrogendifluoride, solid'', the word
``solid'' is italicized.
For the entry ``Sodium hydrogendifluoride, liquid'', the word
``liquid'' is italicized.
For the entry ``Uranium hexafluoride, fissile excepted or non-
fissile, 7, UN2978'', columns 8B and 8C are corrected by removing the
reference ``425'' and replacing it with ``427''.
For the entry ``Water-reactive, solid, oxidizing, n.o.s., 4.3,
UN3133'', in column 5, packing group ``II'' is added, in column (10A)
``E'' is added, and in column (10B), ``40'' is added. In addition, a
new entry for the material in packing group III is added.

Section 172.102

In paragraph (c) (1), special Provision 114B is corrected by
removing the wording ``US006'' and replacing it with ``US1''.

Section 172.203

Paragraph (m)(1) is revised by removing the wording ``Poison or
Toxic'' and replacing it with `` `Poison' or `Toxic' ''.

[[Page 52845]]

Section 172.400a

In paragraph (a)(7), the reference ``Sec. 173.425(b)'' is corrected
to read ``Sec. 173.427(a)(6)(vi)''.

Section 172.504

Footnote 1 of Table 1 is revised to correct a section reference.

Part 173

Section 173.6

In paragraph (c)(2), as amended by 63 FR 8142 the last sentence
stating ``Each digit in the identification number marking must be
displayed in 100 mm (3.9 inches) black Helvetica Medium, Alpine Gothic
or Alternate Gothic No. 3 numerals.'' is removed. The size used for the
identification number marking is prescribed in Sec. 172.332, depending
on whether the identification number is placed on a placard, white
square-on-point configuration, or an orange panel.

Section 173.33

Paragraph (a)(3) is revised to correct a section reference.

Section 173.34

In paragraph (e)(18)(i), in the table for DOT 8 or 8AL cylinders
used to transport acetylene, under ``Porous filler requalification'',
the entry ``3 to 30 yrs\2\'' is corrected to read ``3 to 20 yrs\2\'' to
correct a printing error. The ``3 to 20 yrs'' interval is correctly
shown in the referenced Note 2.

Section 173.58

Paragraph (a) is amended to correct the title of the referenced
document from ``Explosive Test Manual,'' to read ``UN Manual of Tests
and Criteria,''. The ``Explosive Test Manual'' was the title of an
earlier edition of this document.

Section 173.62

In paragraph (c), the Table of Packing Methods is revised to
correct a printing error.

Section 173.247

On June 5, 1996, RSPA issued Docket HM-216 that added the DOT 120
tank car specification to Secs. 173.240, 241, 242, 243, 244, and 314
but failed to add the ``120'' specification to Sec. 173.247 (a). This
oversight is corrected.

Section 173.403

A printing error is corrected in the definition of ``LSA--II''.

Section 173.416

A minor editorial change is made in paragraph (f) for clarity.

Section 173.422

Paragraph (b)(1) is revised to correct section references.

Section 173.425

Section 173.421 defines a limited quantity of Class 7 (radioactive)
material as having an activity per package value not exceeding the
limits specified in Sec. 173.425. In Table 7 of Sec. 173.425, the
limited quantity values are not specifically identified, which leads to
confusion. To eliminate this confusion, the column heading ``Materials
package limits\1\'' is revised to read ``Limited quantity package
limits\1\''.

Section 173.427

Paragraph (a)(3) is revised to replace reference to obsolete
Sec. 173.451 with references to Secs. 173.453, 173.457, 173.459 and
173.467. This change does not impose any new requirement.

Section 173.433

In paragraph (g), in ``Table 10.--General Values For A1
and A2'', in the first column, the second sentence is
amended by adding the wording ``no'' immediately before ``relevant'' to
enhance its clarity.

Section 173.461

Paragraph (a) is revised to remove reference to obsolete,
Sec. 173.463 and to include a reference to the design requirements in
Sec. 173.412 for clarity. These changes do not impose any new
requirement. Also paragraph (b) is revised to remove a reference to
obsolete Sec. 173.463.

Part 175

Section 175.700

In Sec. 175.700, in paragraph (b), in the first sentence, the
reference ``Sec. 175.15'' is corrected to read ``Sec. 171.15''.

Part 176

Section 176.704

Paragraph (e)(1) is revised to remove a reference to obsolete
Sec. 176.451.
In paragraph (f), in ``Table III--Limits for Freight Containers and
Conveyances'', the table heading is amended by adding the wording
``TI'' immediately before ``Limits'' to enhance clarity.

Part 177

Section 177.835

Paragraph (g), in the second sentence, is corrected by removing a
comma between the words ``detonating cord'' and ``Division 1.4''. This
change is made to clarify that the detonating cord is classed in
Division 1.4.

Section 177.842

In the first sentence of paragraph (a), the wording ``or storage
location'' is revised to read ``or in any single group in any storage
location,''. Paragraph (a) currently reads: ``The number of packages of
Class 7 (radioactive) materials in any transport vehicle or storage
location must be limited so that the total transport index number does
not exceed 50''. The revision to paragraph (a) is made to clarify that
groups of up to 50 TI are allowed in storage if each group is separated
by at least 6 meters (20 feet). This revision is consistent with the
wording in current paragraph (b)(2).

Section 177.843

Paragraph (c) is revised to correct a section reference.

Section 177.854

The introductory text preceding paragraph (a) is unnecessary and
therefore is removed.

Part 178

Section 178.338

The section heading is amended by adding the wording ``motor
vehicle'' immediately following the word ``tank'' to enhance clarity.

Part 179

Part 179--Specifications for Tank Cars

The Table of Sections to Part 179 is amended by revising the
heading for Subpart C to read as follows: ``Subpart C--Specifications
for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114, and
120)''. On June 5, 1996 (61 FR 28666, 28679), RSPA amended
Sec. 179.101-1 by adding the DOT 120 specification to the table.
However, the title to Subpart C of Part 179 was not changed to reflect
addition of the new DOT 120 tank car.

Section 179.2

Paragraph (a)(2) is updated to reflect a minor name change of an
organizational committee within the Association of American Railroads.

Section 179.3

Paragraph (a) is updated to reflect a minor name change of an
organizational committee within the Association of American Railroads.

Section 179.4

Paragraphs (a) and (b) are updated to reflect a minor name change
of an organizational committee within the Association of American
Railroads.

[[Page 52846]]

Section 179.5

Paragraph (a) is updated to reflect a minor name change of an
organizational committee within the Association of American Railroads,
and to reflect that the construction and testing of multi-unit tank car
tanks are approved by RSPA.

Part 180

Section 180.403

The introductory text, referencing the definitions contained in
Secs. 171.8 and 178.345-1, is revised to include a reference to the
definitions of cargo tank terms in Sec. 178.320(a).

Section 180.417

Paragraph (a)(3)(ii) is revised to clarify that a ``data report''
is the cargo tank ``manufacturer's data report'' required by the ASME.

Section 180.509

Paragraph (c)(3)(ii) is amended to add an explanation of the terms
used in the preceding formula. This information was inadvertently
omitted.

Section 180.515

In paragraph (b), in the first sentence, the word ``pressure'' is
added immediately after the word ``Converted''. The word pressure was
unintentionally removed in a final rule (HM-175 A/201 60 FR 49048;
September 21, 1995).

Regulatory 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
subject to review by the Office of Management and Budget. This rule is
not significant according to the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.

B. Executive Order 12612

This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism''). The Federal
hazardous material transportation law, (49 U.S.C. 5101-5127) contains
express preemption provisions at 49 U.S.C. 5125.
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 13084

This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this rule would
not significantly or uniquely affect the communities of the Indian
tribal governments, the funding and consultation requirements of this
Executive Order 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
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.

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 $100
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 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 175

Air carriers, Hazardous materials transportation, Radioactive
materials, Reporting and recordkeeping requirements.

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 carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

In consideration of the foregoing, 49 CFR Chapter I is amended as
follows:

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

1. The authority citation for part 107 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L.
104-121, 110 Stat. 857; 49 CFR 1.45, 1.53.

Sec. 107.503 [Amended]

2. In Sec. 107.503, in the first sentence of paragraph (a)(3), the
wording ``, except

[[Page 52847]]

as provided by Sec. 107.502(f) of this part'' is removed.

Sec. 107.606 [Amended]

3. In Sec. 107.606, in paragraph (a)(5), the wording ``1057'' is
removed and ``376'' is added in its place.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

4. The authority citation for part 171 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.7 [Amended]

5. In paragraph (a)(3), in the table of material incorporated by
reference, in the entry ``IME Safety Library Publication No. 22 (IME
Standard 22), Recommendation for the Safe Transportation of Detonators
in a Vehicle with Certain Other Explosive Materials, May 1993'', in the
second column, ``173.63,'' is added immediately before ``177.835''.

Sec. 171.8 [Amended]

6. In Sec. 171.8, the following changes are made:
a. In the definition for ``Marine pollutant'', in the first
sentence, the wording ``a hazardous material'' is removed and the
wording ``a material'' is added in its place.
b. In the definition for ``Reportable Quantity (RQ)'', the wording
``column 3'' is removed and the wording ``column 2'' is added in its
place.
7. In Sec. 171.14, paragraph (c)(1) is revised to read as follows:

Sec. 171.14 Transitional provisions for implementing requirements
based on the UN Recommendations.

* * * * *
(c) Non-specification fiber drums. (1) Until September 30, 1997, a
non-specification fiber drum with a removable head was authorized for a
liquid hazardous material in Packing Group III that is not poisonous by
inhalation provided the packaging was authorized for the material under
the requirements of Part 172 or Part 173 of this subchapter in effect
on September 30, 1991. A filled non-specification drum may be offered
for transportation and transported domestically prior to October 1,
1999, if it: (i) Was filled on or prior to September 30, 1997; and (ii)
Is not emptied and refilled on or after October 1, 1997.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS

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]

9. In Sec. 172.101, the following changes are made:
a. In paragraph (c)(11) introductory text, at the beginning of the
sentence, the reference ``173.51'' is removed and the reference
``173.54'' is added in its place.
b. In paragraph (f), in the first sentence, the phrase ``ORD-D'' is
removed and the phrase ``ORM-D'' is added in its place.
10. In Sec. 172.101, the Hazardous Material Table is amended by
removing, adding, in appropriate alphabetical sequence, and revising,
the following entries to read as follows:

Sec. 172.101 Purpose and use of hazardous materials table.

* * * * *

[[Page 52848]]

Sec. 172.101 Hazardous Materials Table
(1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B)
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[REMOVE:]
* * * * * * *
Diphenylmethane-
4,4' diisocyanate.
* * * * * * *
[ADD:]
* * * * * * *
Water-reactive, 4.3 UN3133........... III............ 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40
solid, oxidizing,
n.o.s.
* * * * * * *
[REVISED:]
* * * * * * *
Water-reactive, 4.3 UN3133........... II............. 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40
solid, oxidizing,
n.o.s..
* * * * * * *
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 52849]]

Sec. 172.101 [Amended]

11. In addition, in Sec. 172.101, in the Hazardous Materials Table,
the following changes are made:
a. The entry ``Anhydrous ammonia'' is amended by removing the word
``,liquefied''.
b. The entry ``Compressed gases, flammable, n.o.s.'' is amended by
removing the word ``gases'' and adding the word ``gas'' and placing the
entry in alphabetical order.
c. The entry ``Compressed gases, n.o.s.'' is amended by removing
the word ``gases'' and adding the word ``gas'' and placing the entry in
alphabetical order.
d. The entry ``Compressed gases, toxic, flammable, n.o.s.
Inhalation hazard Zone A'' is amended by removing the word ``gases''
and adding the word ``gas'' and placing the entry in alphabetical
order.
e. The entry ``Compressed gases, toxic, flammable, n.o.s.
Inhalation hazard Zone B'' is amended by removing the word ``gases''
and adding the word ``gas'' and placing the entry in alphabetical
order.
f. The entry ``Compressed gases, toxic, flammable, n.o.s.
Inhalation hazard Zone C'' is amended by removing the word ``gases''
and adding the word ``gas'' and placing the entry in alphabetical
order.
g. The entry ``Compressed gases, toxic, flammable, n.o.s.
Inhalation hazard Zone D'' is amended by removing the word ``gases''
and adding the word ``gas'' and placing the entry in alphabetical
order.
h. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard
Zone A'' is amended by removing the word ``gases'' and adding the word
``gas'' and placing the entry in alphabetical order.
i. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard
Zone B'' is amended by removing the word ``gases'' and adding the word
``gas'' and placing the entry in alphabetical order.
j. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard
Zone C'' is amended by removing the word ``gases'' and adding the word
``gas'' and placing the entry in alphabetical order.
k. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard
Zone D'' is amended by removing the word ``gases'' and adding the word
``gas'' and placing the entry in alphabetical order.
l. The entry ``Dichlorodifluoromethane or Refrigerant gas R 122''
is amended by removing the number ``122'' and adding the number ``12''.
m. For the entry ``Methyl isocyanate, 6.1, UN2480'' Column (7) is
amended by removing Special Provision ``A7''.
n. The entry ``Sodium hydrogendifluoride, solid'' is amended by
removing ``solid'' and adding ``solid'' in its place.
o. The entry ``Sodium hydrogendifluoride, liquid'' is amended by
removing ``liquid'' and adding ``liquid'' in its place.
p. For the entry ``Uranium hexafluoride, fissile excepted or non-
fissile, 7, UN2978'', columns 8B and 8C are amended by removing the
wording ``420, 425'' and adding the wording ``420, 427''.

Sec. 172.102 [Amended]

12. In Sec. 172.102, in paragraph (c)(1), in Special Provision 114
b., the reference ``US006'' is removed and ``US 1'' is added in its
place.

Sec. 172.203 [Amended]

13. In Sec. 172.203, paragraph (m)(1) is amended by removing the
wording `` `Poison or Toxic' '' and adding in its place the wording ``
`Poison' or `Toxic' ''.

Sec. 172.400a [Amended]

14. In Sec. 172.400a, in paragraph (a)(7), the reference
Sec. 173.425(b)'' is revised to read ``Sec. 173.427(a)(6)(vi)''.

Sec. 172.504 [Amended]

15. In Sec. 172.504, in Table 1 as revised at 62 FR 1230 effective
October 1, 1998, in footnote 1, the reference Sec. 173.425(b) or (c)''
is removed and ``Sec. 173.427(a)'' is added in its place.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS

16. 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. 173.6 [Amended]

17. In paragraph (c)(2), the last sentence is removed.

Sec. 173.33 [Amended]

18. In Sec. 173.33, in paragraph (a)(3), the reference
``Sec. 177.824'' is revised to read ``Sec. 180.407 (a)(1)''.

Sec. 173.34 [Amended]

19. In Sec. 173.34, in paragraph (e)(18)(i), in the table, under
the column heading ``Porous filler requalification'', under
``Initial'', the entry ``3 to 30 yrs \2\'' is revised to read ``3 to 20
yrs \2\''.

Sec. 173.58 [Amended]

20. In Sec. 173.58, paragraph (a) introductory text is amended by
removing ``Explosive Test Manual'' and adding the ``UN Manual of Tests
and Criteria'' in its place.

Sec. 173.62 [Amended]

21. In Sec. 173.62 (c), in the Table of Packing Methods, the
following changes are made:
a. For the entry 114(b), under column 3 ``Intermediate
packagings'', the text under ``Not necessary'' is transferred to column
4 ``Outer packagings'' under ``Boxes''.
b. For the entry 133, under column 3 ``Intermediate packagings'',
the text under ``Receptacles'' is transferred to column 4 ``Outer
packagings'' under ``Boxes''.
c. For the entry 133, under column 2 ``Inner packagings'', the text
under ``Receptacles'' is transferred to column 3 ``Intermediate
packagings'' under ``Receptacles''.
d. For the entry 137, under column 3 ``Intermediate packagings'',
the text under ``Not necessary'' is transferred to column 4 ``Outer
Packagings'' under ``Boxes''.

Sec. 173.247 [Amended]

22. In Sec. 173.247, in paragraph (a), the wording ``115 tank car
tanks'' is revised to read ``115, or 120 tank car tanks''.

Sec. 173.403 [Amended]

23. In Sec. 173.403, in paragraph (2)(ii), in the definition for
``Low Specific Activity (LSA) material'', remove the wording ``average
specific a- activity'' and add ``average specific activity'' in its
place.

Sec. 173.416 [Amended]

24. In Sec. 173.416, in paragraph (f), in the last sentence, the
wording ``inner packaging if subjected'' is revised to read ``inner
packaging if the overpack containing it is subjected''.

Sec. 173.422 [Amended]

25. In Sec. 173.422, in paragraph (b)(1), the wording ``Sections
171.15, 171.16, 174.750, 176.710, and 177.861'' is removed and the
wording ``Sections 171.15, 171.16, 174.750 and 176.710'' is added in
its place.

Sec. 173.425 [Amended]

26. In Sec. 173.425, in Table 7, in the fourth column, in the
heading, the wording ``Materials package limits \1\'' is removed and
the wording ``Limited quantity package limits \1\'' is added in its
place.

Sec. 173.427 [Amended]

27. In Sec. 173.427, in paragraph (a)(3), the wording Secs. 173.451
and 173.467'' is revised to read ``Secs. 173.453, 173.457, 173.459 and
173.467''.

Sec. 173.433 [Amended]

28. In Sec. 173.433, in paragraph (g), in Table 10, in the first
column, the

[[Page 52850]]

wording ``Alpha emitting nuclides are known to be present or relevant
data are available'' is revised to read ``Alpha emitting nuclides are
known to be present or no relevant data are available''.

Sec. 173.461 [Amended]

29. In Sec. 173.461, the following changes are made:
a. In paragraph (a) introductory text, the wording ``Compliance
with the test requirements in Secs. 173.463 through 173.469'' is
revised to read ``Compliance with the design requirements in
Sec. 173.412 and the test requirements in Secs. 173.465 through
173.469''.
b. In paragraph (b), the wording ``Secs. 173.463 through 173.469''
is revised to read ``Secs. 173.465 through 173.469''.

PART 175--CARRIAGE BY AIRCRAFT

30. The authority citation for part 175 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 175.700 [Amended]

31. In Sec. 175.700, in paragraph (b), in the first sentence, the
reference ``Sec. 175.15'' is revised to read ``Sec. 171.15 of this
subchapter''.

PART 176--CARRIAGE BY VESSEL

32. The authority citation for part 176 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 176.704 [Amended]

33. In Sec. 176.704, the following changes are made:
a. In paragraph (e)(1), the wording ``Sec. 173.451 through
Sec. 173.459'' is revised to read ``Secs. 173.457 and 173.459''.
b. In paragraph (f), in table III, the heading ``Table III--Limits
for Freight Containers and Conveyances'' is revised to read ``Table
III--TI Limits for Freight Containers and Conveyances''.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

34. The authority citation for part 177 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 177.835 [Amended]

35. In Sec. 177.835, in paragraph (g) introductory text, in the
second sentence, the comma between the words ``detonating cord'' and
``Division 1.4'' is removed.

Sec. 177.842 [Amended]

36. In Sec. 177.842, in paragraph (a), in the first sentence, the
wording ``or storage location'' is revised to read ``or in any single
group in any storage location''.

Sec. 177.843 [Amended]

37. In paragraph (c), the wording ``see Sec. 177.861'' is removed
and the wording ``see Sec. 177.854'' is added in its place.

Sec. 177.854 [Amended]

38. In Sec. 177.854, the introductory text is removed.

PART 178--SPECIFICATIONS FOR PACKAGINGS

39. The authority citation for part 178 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 178.338 [Amended]

40. In Sec. 178.338, in the heading, the wording ``motor vehicle''
is added immediately following the word ``tank''.

PART 179--SPECIFICATIONS FOR TANK CARS

41. The authority citation for part 179 is revised to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

42. In Sec. 179.2, paragraph (a)(2)is revised to read as follows:

Sec. 179.2 Definitions and abbreviations.

(a) * * *
(2) Approved means approval by the AAR Tank Car Committee.
* * * * *
43. In Sec. 179.3, paragraph (a) is revised to read as follows:

Sec. 179.3 Procedure for securing approval.

(a) Application for approval of designs, materials and
construction, conversion or alteration of tank car tanks under these
specifications, complete with detailed prints, must be submitted in
prescribed form to the Executive Director--Tank Car Safety, AAR, for
consideration by its Tank Car Committee and other appropriate
committees. Approval or rejections of applications based on appropriate
committee action will be issued by the executive director.
* * * * *
44. In Sec. 179.4, the first sentence in paragraph (a) and
paragraph (b) are revised to read as follows:

Sec. 179.4 Changes in specifications for tank cars.

(a) Proposed changes in or additions to specifications for tanks
must be submitted to the Executive Director--Tank Car Safety, AAR, for
consideration by its Tank Car Committee. * * *
(b) The Tank Car Committee will review the proposed specifications
at its earliest convenience and report its recommendations through the
Executive Director--Tank Car Safety to the Department. The
recommendation will be considered by the Department in determining
appropriate action.
45. In Sec. 179.5, paragraphs (a) and (b) are revised to read as
follows:

Sec. 179.5 Certificate of construction.

(a) Before a tank car is placed in service, the party assembling
the completed car shall furnish a Certificate of Construction, Form AAR
4-2 to the owner, the Department, and the Executive Director--Tank Car
Safety, AAR, certifying that the tank, equipment, and car fully
conforms to all requirements of the specification.
(b) When cars or tanks are covered in one application and are
identical in all details are built in series, one certificate will
suffice for each series when submitted to the Executive Director--Tank
Car Safety, AAR. One copy of the Certificate of Construction must be
furnished to the Department for each car number of consecutively
numbered group or groups covered by the original application.
* * * * *
46. The heading for Subpart C is revised to read as follows:

Subpart C--Specifications for Pressure Tank Car Tanks (Classes DOT-
105, 109, 112, 114, and 120)

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

47. The authority citation for part 180 continues to read as
follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 180.403 [Amended]

48. In Sec. 180.403, in the introductory text, the reference
``Secs. 171.8 and 178.345-1'' is revised to read ``Secs. 171.8,
178.320(a) and 178.345-1''.
49. In Sec. 180.417, the first sentence in paragraph (a)(3)(ii) is
revised to read as follows:

Sec. 180.417 Reporting and record retention requirement.

(a) * * *
(3) * * *
(ii) ASME Code Stamped cargo tanks. If the owner does not have the
manufacturer's certificate required by the specification and the
manufacturer's data report required by the ASME, the owner may contact
the National Board for a copy of the manufacturer's data report, if the
cargo tank was registered

[[Page 52851]]

with the National Board, or copy the information contained on the cargo
tank's identification and ASME Code plates. * * *
* * * * *
50. In Sec. 180.509, in paragraph (c)(3)(ii) text is added
immediately following the formula, to read as follows:

Sec. 180.509 Requirements for inspection and test of specification
tank cars.

* * * * *
(c) * * *
(3) * * *
(ii) * * *

Where:

i is the inspection and test interval.
t¹ is the actual thickness.
t² is the allowable minimum thickness under paragraph (g) of
this section.
r is the corrosion rate per year.
* * * * *

Sec. 180.515 [Amended]

51. In Sec. 180.515, in paragraph (b), in the first sentence, the
word ``Converted'' is removed and the wording ``Pressure converted'' is
added in its place.

Issued in Washington, DC, on September 18, 1998, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Administrator.
[FR Doc. 98-25616 Filed 9-30-98; 8:45 am]
BILLING CODE 4910-60-P