# Hazardous Materials Regulations: Editorial Corrections and Clarifications

- **operation:** document
- **citation:** 65 FR 58614
- **title:** Hazardous Materials Regulations: Editorial Corrections and Clarifications
- **source type:** rulemaking
- **agency:** Research and Special Programs Administration
- **status:** historical
- **official:** true
- **published on:** 2000-09-29
- **effective on:** Not available
- **summary:** This final rule corrects editorial errors, makes minor regulatory changes, and 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. The amendments contained in this rule are minor editorial changes and do not impose new requirements.
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Federal Register, Volume 65 Issue 190 (Friday, September 29, 2000) [Federal Register Volume 65, Number 190 (Friday, September 29, 2000)] [Rules and Regulations] [Pages 58614-58633] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 00-24633] [[Page 58613]] ----------------------------------------------------------------------- Part III Department of Transportation ----------------------------------------------------------------------- Research and Special Programs Administration ----------------------------------------------------------------------- 49 CFR Parts 107, 171, 172 et al. Hazardous Materials Regulations: Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 65, No. 190 / Friday, September 29, 2000 / Rules and Regulations [[Page 58614]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179 and 180 [Docket No. RSPA-00-7755 (HM-189Q)] RIN 2137-AD47 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 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. The amendments contained in this rule are minor editorial changes and do not impose new requirements. EFFECTIVE DATE: October 1, 2000. FOR FURTHER INFORMATION CONTACT: Charles E. Betts (202) 366-8553, Office of Hazardous Materials Standards, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background RSPA (we) annually reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) and the procedural regulations associated with the HMR (49 CFR part 107) to identify errors causing confusion to readers. In this final rule, we are correcting 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 we received concerning the clarity of particular requirements specified in the HMR, we are also making certain other changes to reduce uncertainties and improve understanding. Because these amendments do not impose new requirements, notice and public comment procedures 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 the 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, typographical, capitalization and punctuation errors), changes to legal authority citations and certain other minor adjustments intended to enhance the clarity of the HMR. Section-by-Section Review Part 107 Sections 107.3 and 107.117 Because of Departmental reorganization, we are revising these sections to replace ``Federal Highway Administration'' with ``Federal Motor Carrier Safety Administration.'' Section 107.14 We are revising paragraph (a)(1) to provide telephone numbers at which callers may leave recorded messages. Sections 107.105, 107.219, and 107.329 We are revising these sections to correct miscellaneous typographical errors. Section 107.127 We are revising paragraph (a) to provide information on certain documents that may be viewed on-line and the Internet address. Appendix A to Subpart D We are revising paragraph (c) of Section IV of Appendix A to correct the amount of the maximum civil penalty that may be assessed after January 21, 1997. Part 171 Section 171.1 We are revising paragraph (a) to remove an outdated reference to intrastate motor carrier transportation. Section 171.6 We are revising paragraph (b)(2) to revise the table of OMB control numbers to reflect current control numbers, report title and affected sections for collection of information. Section 171.7 We are revising the table of materials incorporated by reference to remove obsolete references. Section 171.8 We are revising the definition of ``exemption'' to substitute ``Federal Motor Carrier Safety Administration'' for ``Federal Highway Administration.'' In addition, we are removing the definition for ``general public'' which was incorporated into the HMR in conjunction with the Radioactive Protection Program (RPP) under Docket HM-169B (60 FR 50292), a final rule published on September 28, 1995. In a subsequent final rule published under HM-169B (63 FR 48566) published on September 10, 1998, we removed the RPP requirements; however, we overlooked the removal of the definition for ``general public'' which was exclusive to the RPP. Finally, we are updating the definition of ``preferred route or preferred highway'' to correct an outdated CFR citation. Sections 171.11 and 171.12 We are correcting two miscellaneous typographical errors in these sections. Section 171.15 In paragraph (a)(2), we are removing outdated CFR references. In paragraph (a)(5) and in the introductory text in paragraph (b), we are correcting the name of the organization that receives the incident notifications. Part 172 Section 172.101 In paragraph (g), we are adding a sentence to clarify that requirements for applying EMPTY labels are in Sec. 173.428. In the paragraph (g) table, we are adding an entry for the INFECTIOUS SUBSTANCE label that had been inadvertently omitted. The Hazardous Materials Table (HMT) We are amending the HMT by correcting various typographical, capitalization and punctuation errors. We are correcting certain other errors such as removing obsolete reference (``see'') entries and obsolete ID numbers appearing in the italicized portion of certain proper shipping names. In addition, we are correcting the order of the qualifying words ``flammable'' and ``toxic'' for the following proper shipping names: ``Pyrethroid pesticide, liquid, toxic, flammable, flash point less than 23 degrees C,'' UN3350; ``Pyrethroid pesticide, liquid, flammable, toxic, flash point not less than 23 degrees C,'' UN3351; ``Thiocarbamate pesticide, liquid, flammable, toxic, flash point not less than 23 degrees C,'' UN3005; and ``Triazine pesticides, liquid, flammable, toxic, flash point less than 23 degrees C,'' UN2764. The qualifying words ``flammable'' and ``toxic'' were printed in the incorrect order under a final rule, HM-215C (64 FR 10742) published on March 5, 1999. Although the corrected order is the preferred order, as provided in Sec. 172.101(c)(4), when qualifying words are used as part of the proper shipping name, their sequence is optional for markings and shipping paper descriptions. For two reference (``see'') entries, we are removing the [[Page 58615]] word ``commercial.'' Under HM-215C, we removed the word from certain Class 1 (explosive) material entries, however, failed to remove the word from the reference entries. Some HMT revisions appear as ``remove'' and ``add'' and, therefore, readers should review all regulatory text revisions for a complete view of the changes. Appendices A and B to Sec. 172.101 In Table 1 to Appendix A, we are correcting several printing errors. We are removing the first of two duplicate entries for ``DDE'' and ``4,4'-DDE.'' In addition, we are adding reportable quantity (RQ) entries for four materials for which RQs were omitted. In Appendix B, we are removing three asterisks from the entry for ``PCBs'' that were originally included in error. Section 172.102 We are revising Special Provision A52 to change the phrase ``Type I shipping containers'' to ``Category I shipping containers.'' This change makes the language of the special provision consistent with the terminology used in Air Transport Association Specification 300. In paragraph (c)(2), we are revising Special Provision B13 to correct CFR references changed by revisions to the cargo tank specifications. We are revising Special Provision B14 to remove an expired transition provision. Section 172.203 We are revising paragraph (d) of this section to remove an obsolete provision for describing activity levels for packages of radioactive materials. Section 172.310 We are correcting a typographical error in paragraph (a). Section 172.400a We are revising paragraph (a)(7) to clarify that the exception from labeling in Sec. 173.427(a)(6)(vi) also applies to surface contaminated objects. Section 172.403 We are revising paragraph (a) to remove the reference to Sec. 173.428 which was revised and is no longer relevant to the labeling requirements specified in Sec. 172.403. In addition, we are revising paragraph (g) to remove an obsolete provision for labeling packages of radioactive materials. Section 172.505 We are revising paragraph (a) to correct the section reference `` ``Sec. 172.203(m)(3)'' to `` Sec. 172.203(m)(2)''. Section 172.556 We are revising paragraph (a) to correct the illustration for the RADIOACTIVE placard to show that the yellow background color on the top half of the placard may extend only to the inner border. This revision makes the placard illustration consistent with placard specification prescribed in Sec. 172.519(d)(4). Section 172.558 We are revising paragraph (a) to correct the illustration for the CORROSIVE placard to show that the base of the white triangle in the upper portion of the placard must be 38 mm 5 mm (1.5 inches 0.2 inches) above the placard horizontal center line, as prescribed in paragraph (b). Section 172.604 We are revising paragraph (a) to remove the reference to a ``24- hour'' emergency response telephone number. Consistent with Sec. 172.604(b), the emergency response telephone number must be monitored at all times the hazardous material is in transportation, which may not be 24 hours in all situations. Part 173 Section 173.4 We are amending this section to add a note following paragraph (a)(6) that was inadvertently removed due to a printing error in an earlier revision. Section 173.7 We are revising paragraph (e), added under Docket HM-218, August 18, 2000, (65 FR 50460), effective October 1, 2000, to clarify the marking and labeling requirements for certain Class 1 explosives owned by the Department of Defense (DOD) and packaged prior to January 1, 1990. In the preamble, in Docket HM-218, we stated that the explosives were excepted from the current marking and labeling requirements, provided they are marked and labeled in conformance with the requirements of the HMR that were in effect at the time they were originally marked and labeled. Section 173.12 We are revising this section to remove paragraph (d)(2), which references a provision that no longer appears in Sec. 172.203(m). Section 173.27 We are revising paragraph (b)(4) to correct the paragraph reference for the CARGO AIRCRAFT ONLY label from ``Sec. 172.402(b)'' to ``Sec. 172.402(c)''. Section 173.31 We are revising paragraph (b)(6)(ii) to update the address to which required tank car reports must be submitted. Section 173.32 We are editorially revising paragraph (a)(1) for clarity. In addition, we are correcting section references related to the portable tank specifications in part 178. Section 173.34 We are revising paragraph (h) to correct outdated CFR references. Section 173.62 We are relocating text for entry 137 in the table of packing methods from column 3 to column 4 to correct a printing error. In addition, in paragraph (c), in footnote (1)(e)(iv) following the table, we are correcting a CFR reference. Section 173.128 In paragraph (d)(1)(ii), we are correcting a CFR reference. Section 173.132 We are revising paragraph (a)(1)(iii)(B) for consistency with the table in Sec. 173.133(a)(2)(i). In paragraph (c)(3), we are correcting a typographical error in the formula. Section 173.159 We are revising paragraph (a) to specify that electric storage batteries may not be packed with other materials except as provided in paragraphs (g) and (h) of this section and in Secs. 173.220 and 173.222. The reference to paragraph (g) was inadvertently omitted due to a printing error. Section 173.166 We are revising paragraph (d)(3), added under Docket HM-218 (65 FR 50461) to provide for the transportation of a recycled air bag module or a seat belt pretensioner by rail freight and cargo vessel. In the preamble of Docket HM-218, we stated that the amendment will facilitate transportation of these devices for recycling and eliminate the need for exemption DOT-E 12189 granted to the Automotive Recyclers Association and several other grantees. During the HM-218 rulemaking proceedings, RSPA revised the exemption to authorize rail freight and cargo vessel as additional authorized modes of transportation. In this final rule, we are amending paragraph (d)(3) to reflect the revision to the exemption. [[Page 58616]] Sections 173.181, 173.224, 173.225, 173.304, and 173.306 We are making changes to remove or replace outdated CFR references. Section 173.315 Effective December 31, 1990, the MC 331 cargo tank specification in Sec. 178.337 was revised. Among other revisions, requirements for emergency discharge control systems previously located in Sec. 178.337- 11(c) were revised and moved to Sec. 178.337-11(a). However, through an oversight, Note 16 to the table in Sec. 173.315(a), which required MC 330 and MC 331 to be equipped with emergency discharge controls conforming to Sec. 178.337-11(c), was not revised. Effective July 1, 1999, the MC 331 cargo tank specification in Sec. 178.337 was again revised. Among other revisions, requirements for emergency discharge control systems previously located in Sec. 178.337-11(a) were rewritten and provisions applicable to opening, inlets, and outlets were relocated to Sec. 178.337-8(a). Note 16 to the table in Sec. 173.315(a) was not revised to account for the 1999 changes in Secs. 178.337-8 and 178.337-11. This final rule revises Sec. 173.315(a) to require openings, inlets, and outlets on MC 330 and MC 331 cargo tanks to conform to Sec. 178.337-8(a) and to require MC 330 and MC 331 cargo tanks to be equipped with emergency discharge control systems that conform to Sec. 178.337-11(a). In addition, we are revising paragraphs (f) and (o) to correct a reference. We are also revising paragraph (i)(4) to correct a typographical error in the second sentence. The sentence is corrected to indicate that the start-to-discharge value, not valve, must be visible after the valve is installed. Paragraph (n)(5)(iii) includes an inadvertent reference to non- specification cargo tanks authorized under paragraph (k) of Sec. 173.315. Paragraph (n)(5)(iii) requires certain cargo tanks in metered delivery service with capacities over 3,500 gallons to be equipped with emergency discharge control equipment by the dates specified. Non-specification cargo tanks authorized for use under Sec. 173.315(k) are limited to capacities of 3,500 gallons or less. This final rule removes the inadvertent reference to non-specification cargo tanks. Section 173.319 We are revising paragraphs (c) and (d)(2) to correct outdated CFR references. Section 173.403 For consistency with the proper shipping name listed in the Sec. 172.101 Hazardous Materials Table, we are revising the wording for the definition ``Radioactive instrument and article'' to read ``Radioactive instrument or article.'' Section 173.417 In paragraph (b)(1) Table 4 and in paragraph (b)(2)(ii) Table 5, we are replacing the symbol ``='' with the universally acknowledged symbol `` .'' Section 173.425 We are correcting the entry for ``Gases'' in Table 7 by replacing the entry ``Other form'' with ``Normal form.'' ``Other form'' is not a defined category in the regulations. Section 173.427 In paragraph (c)(2)(i), we are removing an outdated CFR reference. Section 173.435 We are revising two references in the table to correct printing errors. Part 174 Section 174.290 We are correcting an outdated CFR reference in paragraph (b)(1). Part 176 Section 176.78 The last sentence, in Sec. 176.78(h)(8), that makes reference to former Sec. 176.79 is removed. Section 176.104 In paragraph (g), we are removing an obsolete section reference. Section 176.166 We are revising paragraph (a)(2) to correct the section reference ``Sec. 176.143 (b)(2)'' by replacing it with ``Sec. 176.142 (b)(2)''. Sections 176.410 and 176.415 In these sections, we are revising the incorrect UN identification number ``UN 2072'' by replacing it with ``NA 2072.'' Section 176.905 We are revising paragraph (j) to correct an outdated CFR reference. Part 177 Section 177.835 Based on comments from the Institute of Makers of Explosives, we are removing outdated CFR references in paragraph (h), and revising paragraph (g). The phrase ``explosives for blasting'' is replaced with the term ``Division 1.5'' and a reference to ``Class A, B and C explosives'' is removed. Section 177.843 In paragraph (c), we are correcting the section reference for Class 7 (radioactive) material incidents by adding Secs. 171.15 and 171.16. Section 177.854 The introductory text in paragraph (d) references sections of part 177 that were removed in a previous revision. This final rule removes these references. Part 178 Section 178.37 We are revising an outdated CFR reference in paragraph (g)(4). Section 178.44 In paragraph (b), in Table 1--Authorized Materials, for specification 3HT seamless steel cylinders for aircraft use, we are correcting an error for the entry ``Molybdenum'' by revising the specification ``0.15/.025'' to read ``0.15/0.25.'' Section 178.65 In paragraph (i), we are removing an outdated CFR reference. Section 178.337-3 We are revising paragraphs (e) and (g)(2) to include metric measurements for the metal thicknesses specified. Sections 178.345-3, 178.345-10, 178.345-13, 178.346, 178.346-1, 178.347-1, and 178.348-1 We are revising several paragraphs in these sections to correct CFR references changed by revisions to the cargo tank specifications. Section 178.356-1 In paragraph (c), we are correcting an incorrect reference to obsolete Sec. 178.118-8(b) for shell closure requirements. We are redesignating current paragraph (d) as paragraph (e) and adding in new paragraph (d) the closure requirements formerly contained in obsolete Sec. 178.118-8(b). Section 178.606 We are revising paragraph (c)(1) to make minor editorial changes. Section 178.703 We are revising paragraph (a)(1)(i) to correct an outdated CFR reference. [[Page 58617]] Part 179 Sections 179.100-1, 179.100-3, 179.100-9, 179.100-13, 179.102-4 and 179.220 We are correcting several outdated CFR references in these sections. Section 179.301 In paragraph (a), in the table we are revising the entry for ``Bursting pressure, p.s.i'' to remove an outdated CFR reference and clarify that the entry refers to the minimum required bursting pressure. Sections 179.400-6 and 179.401-1 We are revising several outdated CFR references in these sections. Part 180 Section 180.352 We are revising paragraph (b)(3)(ii) to correct a CFR reference. Section 180.405 We are revising several paragraphs in this section to correct CFR references changed by revisions to the cargo tank specifications. Section 180.407 Effective July 1, 2000, paragraph (h) was revised to add a delivery hose assembly and piping test to the leakage test requirements for MC 330, MC 331, and non-specification cargo tank authorized under Sec. 173.315(k). Paragraph (h)(4) includes a requirement for record keeping to document the results of the tests. The inclusion of the term ``original hose assembly'' in reference to the date of the tests in paragraph (h)(4) was inadvertent. To comply with the record keeping requirements in this paragraph, a Registered Inspector must note the hose identification number of the hose being tested, the date of the test, and the condition of the hose assembly and piping system tested. Paragraph (h)(4) is revised in this final rule to correct this inadvertent error. Section 180.519 In paragraphs (b)(1) and (c), we are revising several outdated CFR references. 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 reviewed 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 13132 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule does preempt State, local, and Indian tribe requirements but does not adopt 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. The Federal hazardous materials transportation law, 49 U.S.C. 5101- 5127, contains an express preemption provision (49 U.S.C. 5125 (b)) that preempts 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, contents, and placement of those documents; (iv) The written notification, recording, and reporting of the unintentional release in transportation of hazardous material; or ( (v) The design, manufacture, fabrication, marking, maintenance, recondition, repair, or testing of a packaging or container represented, marked, certified, or sold as qualified for use in transporting hazardous material. This final rule addresses covered subject items (i), (ii), (iii), (iv), and (v) above and preempts State, local, and Indian tribe requirements not meeting the ``substantively the same'' standard. This final rule is necessary to enhance the accuracy and reduce misunderstandings of the HMR. Federal hazardous materials transportation law provides at 5125(b)(2) that, if DOT issues a regulation concerning any of the covered subjects, DOT must determine and publish in the Federal Register the effective date of Federal preemption. The 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 has determined that the effective date of Federal preemption for these requirements will be 90 days from the date of publication in the Federal Register. C. Executive Order 13084 This final 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 final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of this Executive Order 13084 do not apply. D. Regulatory Flexibility Act I certify that the requirements adopted in this final rule are applicable to a substantial number of small businesses, but that the economic impact on these small businesses will not be significant. 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 Under the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless it displays a valid OMB control number. 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. [[Page 58618]] 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, 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 174 Hazardous materials transportation, Radioactive materials, Railroad safety. 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 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. 107.3 [Amended] 1. In Sec. 107.3, in the definition for ``exemption'', the wording ``Federal Highway Administration'' is removed and ``Federal Motor Carrier Safety Administration'' is added in its place. 2. In Sec. 107.14, the third and fourth sentences in paragraph (a)(1) are revised to read as follows: Sec. 107.14 Availability of informal guidance and interpretive assistance. (a) Availability of telephonic and Internet assistance. (1) * * * When the information line is not staffed, callers may leave a recorded message, which will be answered by the end of the next business day. The telephone numbers for the information line are: 1-800-HMR-4922 (that is; 1-800-467-4922 toll free), or 202-366-4488 (in the Washington, D.C. area). * * * * * * * * Sec. 107.105 [Amended] 3. In Sec. 107.105, in paragraph (c)(9), at the end of the paragraph, the semicolon is removed and a period is added in its place. Sec. 107.117 [Amended] 4. In Sec. 107.117, in paragraph (d)(3), the wording ``Federal Highway Administration'' is removed and the wording ``Federal Motor Carrier Safety Administration'' is added in its place. Sec. 107.127 [Amended] 5. In Sec. 107.127, in paragraph (a), a new sentence is added at the end of the paragraph to read as follows: Sec. 107.217 Availability of documents for public inspection. (a) * * * Documents numbered 11832 and above may also be viewed at the internet website address http://dms.dot.gov . * * * * * Sec. 107.219 [Amended] 6. In Sec. 107.219, in paragraph (c)(1), the wording ``political subdivision thereof of Indian tribe requirement'' is removed and the wording ``political subdivision thereof or Indian tribe requirement'' is added in its place. Sec. 107.329 [Amended] 7. In Sec. 107.329, in paragraph (b), the wording ``and order issued thereunder'' is removed and the wording ``an order issued thereunder'' is added in its place. 8. In Part 107, in Appendix A to Subpart D, in Section IV, in paragraph C, the first sentence is revised as follows: Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties * * * * * IV. Miscellaneous Factors Affecting Penalty Amounts * * * * * C. Penalty Increases for Multiple Counts Under the Federal hazmat law, 49 U.S.C. 5213(a), each violation of the HMR and each day of a continuing violation (except for violations pertaining to packaging manufacture or qualification) is subject to a civil penalty of up to $25,000 ($27,500 for a violation occurring after January 21, 1997). * * * * * * * * PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 9. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. Sec. 171.1 [Amended] 10. In Sec. 171.1, in paragraph (a)(1), the following changes are made: a. The comma after the parenthetical wording ``(except as delegated at Sec. 1.46(t) of this title)'' is removed and a period is added in its place. b. The parenthetical wording ``(except that until October 1, 1998, this subchapter applies to intrastate carriers by motor vehicle only in so far as this subchapter relates to hazardous waste, hazardous substances, flammable cryogenic liquids in portable tanks and cargo tanks, and marine pollutants).'' is removed. 11. In Sec. 171.6, paragraph (b)(2) table is revised to read as follows: Sec. 171.6 Control numbers under the Paperwork Reduction Act. * * * * * (b) * * * (2) Table. [[Page 58619]] ------------------------------------------------------------------------ Title 49 CFR part or section where Current OMB control No. Title identified and described ------------------------------------------------------------------------ 2137-0014................. Cargo Tank Secs. 107.503, Specification 107.504, 178.320, Requirements. 178.337, 178.338, 178.345, 180.407, 180.409, 180.413, 180.417. 2137-0018................. Inspection and Secs. 173.24, Testing of Portable 173.32, 173.32a, Tank and IBC's. 173.32b, 178.3, 178.245, 178.255, 178.270, 178.703, 178.801, 180.352. 2137-0022................. Testing, Inspection, Secs. 173.34, and Marking 173.302, 173.303, Requirements for 173.309, 178.2, Cylinders. 178.3, 178.35, 178.44, 178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68. 2137-0034................. Hazardous Materials Secs. 172.200, Shipping Papers and 172.201, 172.203, Emergency Response 172.204, 172.205, Information. 172.600, 172.602, 172.604, 172.606, 173.6, 173.7, 173.22, 173.56, 174.24, 174.26, 174.114, 175.30, 175.31, 175.33, 175.35, 176.24, 176.27, 176.30, 176.36, 176.89, 177.817. 2137-0039................. Hazardous Materials Secs. 171.15, Incident Report. 171.16. 2137-0051................. Rulemaking and Secs. 106.31, Exemptions Petitions. 106.35, 106.38, 107.5, 107.7, 107.105, 107.107, 107.109, 107.113, 107.117, 107.121, 107.123, 107.125, 107.205, 107.211, 107.215, 107.217, 107.219, 107.221, 107.223. 2137-0510................. RAM Transportation Part 173, Subpart I, Requirements. Secs. 173.22, 173.411, 173.415, 173.416, 173.417, 173.457, 173.471, 173.472, 173.473, 173.476. 2137-0542................. Cryogenic Liquids Secs. 173.318, Requirements. 177.816, 177.840, 180.405. 2137-0557................. Approvals for Secs. 107.402, Hazardous Materials. 107.403, 107.405, 107.503, 107.705, 107.713, 107.715, 107.717, 110.30, 172.101, 172.102, Special provisions: 26, 29, 53, 55, 60, 105, 118, 121, 125, 129, 131, 133, 136; 172.102, Special provisions: B45, B55, B61, B69, B77, B81; N10, N72; Code: T42; 173.2a, 173.4, 173.7, 173.21, 173.22, 173.24, 173.28, 173.31, 173.32a, 173.32b, 173.34, 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, 173.300a, 173.300b, 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, 173.473, 173.476, 174.50, 174.63, 175.10, 175.701, 176.168, 176.340, 176.704, 178.3, 178.35, 178.47, 178.53, 178.58, 178.270-3, 178.270-13, 178.503, 178.509, 178.605, 178.606, 178.608, 178.801, 178.813. 2137-0559................. Rail Carriers and Secs. 172.102, Tank Car Tank Special provisions: Requirements. B45, B46, B55, B61, B69, B77, B78, B81; 173.10, 173.31, 174.20, 174.50, 174.63, 174.104, 174.114, 174.204, 179.3, 179.4, 179.5, 179.6, 179.7, 179.11, 179.18, 179.22, 179.100-9, 179.100-12, 179.100- 13, 179.100-16, 179.100-17, 179.102- 4, 179.102-17, 179.103-1, 179.103- 2, 179.103-3, 179.103-5, 179.200- 10, 179.200-14, 179.200-15, 179.200- 16, 179.200-17, 179.200-19, 179.201- 3, 179.201-8, 179.201-9, 179.220- 4, 179.220-7, 179.220-8, 179.220- 13, 179.220-15, 179.220-17, 179.220- 18, 179.220-20, 179.220-22, 179.300- 3, 179.300-7, 179.300-9, 179.300- 12, 179.300-13, 179.300-15, 179.300- 20, 179.400-3, 179.400-4, 179.400- 11, 179.400-13, 179.400-16, 179.400- 17, 179.400-19, 179.400-20, 179.500- 5, 179.500-8, 179.500-12, 179.500- 18, 180.505, 180.509, 180.515, 180.517. 2137-0572................. Testing Requirements Secs. 178.2, for Non-Bulk 178.601. Packaging. 2137-0582................. Container Secs. 176.27, Certification 176.172. Statement. 2137-0586................. Hazardous Materials Part 110. Public Sector Training and Planning Grants. 2137-0595................. Cargo Tank Motor Secs. 173.315, Vehicles in 178.337-8, 178.337- Liquefied Compressed 9, 180.405, 180.416. Gas Service. ------------------------------------------------------------------------ Sec. 171.7 [Amended] 12. In Sec. 171.7, in the table in paragraph (a)(3), the following changes are made: a. The entry ``ASTM B 90-69'' is removed. b. In the entry ``ASTM B 557-84'', in column 2, the reference ``; 178.251'' is removed. c. In the entry ``ASTM E 8-89'', in column 2, the reference ``; 178.251'' is removed. d. In the entry ``CGA Pamphlet C-3'', in column 2, the reference ``178.54;'' is removed. e. The entry for ``Fertilizer Institute'' is removed. f. The first entry for ``Health and Human Services'' is removed and the entry for ``Health and Human Services'' following ``ISO 1496-3- 1995(E)'' is placed in alphabetical order. g. Under Transport Canada, in the entry ``Transportation of Dangerous Goods Regulations,'' in column 2, the reference ``; 174.11'' is removed. 12a. In Sec. 171.7, in the paragraph (b) table, the entry for the ``Department of Transportation (USDOT)'' is removed. [[Page 58620]] Sec. 171.8 [Amended] 13. In Sec. 171.8, the following changes are made: a. In the definition of ``Exemption'', the parenthetical wording ``(e.g., Federal Highway Administration routing)'' is removed and the parenthetical wording ``(e.g., Federal Motor Carrier Safety Administration routing)'' is added in its place. b. The definition ``General public'' is removed. c. In the definition ``Preferred route or Preferred highway'', the wording ``Sec. 177.825(b) of this subchapter.'' is removed and the wording ``Sec. 397.103 of this title.'' is added in its place. Sec. 171.11 [Amended] 14. In Sec. 171.11, in paragraph (d)(1), revise ``Sec. 172.203(c)'' to read ``Secs. 172.203(c)''. Sec. 171.12 [Amended] 15. In Sec. 171.12, in paragraph (b)(2), the ``0'' at the end of the paragraph is removed. Sec. 171.15 [Amended] 16. In Sec. 171.15, the following changes are made: a. In paragraph (a)(2), the parenthetical wording ``(see also Secs. 174.45, 176.48, and 177.807 of this subchapter)'' is removed. b. In paragraphs (a)(5) and (b) introductory text, the word ``Department'' is removed and the wording ``National Response Center'' is added in its place. PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 17. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 18. In Sec. 172.101, in paragraph (g), a new sentence is added after the fifth sentence, and in the Label Substitution Table, a new entry is added in appropriate numerical order to read as follows: Sec. 172.101 Purpose and use of hazardous materials table. * * * * * (g) * * * For ``Empty'' label requirements, see Sec. 173.248 of this subchapter. * * * Label Substitution Table ------------------------------------------------------------------------ Label code Label name ------------------------------------------------------------------------ * * * * * 6.2 Infectious substance * * * * * ------------------------------------------------------------------------ * * * * * 19. In Sec. 172.101, the Hazardous Materials 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 58621]] Sec. 172.101--Hazardous Materials Table ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Hazardous (8) Packaging (Sec. 173.***) (9) Quantity limitations (10) Vessel stowage materials Hazard ------------------------------------------------------------------------------------------ Symbols descriptions and class or Identification PG Label codes Special Passenger Cargo proper shipping division Numbers provisions Exceptions Non-bulk Bulk aircraft/ aircraft Location Other names rail only ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ (1) (2)............. (3) (4)............ (5)......... (6)............. (7)........ (8A)....... (8B)....... (8C)....... (9A)....... (9B)....... (10A)...... (10B) [REMOVE] * * * * * * * Anhydrous ammonia, see Ammonia, anhydrous. * * * * * * * Batteries, wet 8 UN2795......... III......... 8............... ........... 159........ 159........ 159........ 25 kg gross No limit... A...... filled with alkali, electric storage. * * * * * * * Battery, wet, filled with acid or alkali with automobile (or named self- propelled vehicle or mechanical equipment containing internal combustion engine) see vehicles, self- propelled, etc. * * * * * * * Calcium bisulfite solution, see Bisulfites, inorganic, aqueous solutions, n.o.s. * * * * * * * 1-Chloro-1, 1- difluoroethane, see Chlorodifluoroe thanes. * * * * * * * Cyclotrimethylen etrinitramine and cyclotetramethy lenetetranitram ine mixtures, wetted or desensitized see RDX and HMX mixtures, wetted or desensitized etc. * * * * * * * Dichlorofluorome thane or refrigerant gas R21. * * * * * * * 1,2- Dichloro1,1,2,2- Tetrafluoroeth ane or Refrigerant gas R 114. * * * * * * * Dichloropropene and propylene dichloride mixture, see Propylene dichloride. * * * * * * * Dicycloheptadien e, see 2,5- Norbomadiene. * * * * * * * Etiologic agent, see Infectious substances, etc). * * * * * * * Fluoric acid, see Hydrofluoric acid, solution, etc. * * * * * * * Fuzes, combination, percussion and time, see Fuzes, detonating (UN0257, UN0367
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