# Hazardous Materials Regulations: Editorial Corrections and Clarifications

- **operation:** document
- **citation:** 66 FR 45177
- **title:** Hazardous Materials Regulations: Editorial Corrections and Clarifications
- **source type:** rulemaking
- **agency:** Research and Special Programs Administration
- **status:** historical
- **official:** true
- **published on:** 2001-08-28
- **effective on:** Not available
- **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. The amendments contained in this rule are minor editorial changes and do not impose new requirements.
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Federal Register, Volume 66 Issue 167 (Tuesday, August 28, 2001) [Federal Register Volume 66, Number 167 (Tuesday, August 28, 2001)] [Rules and Regulations] [Pages 45177-45187] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 01-21003] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, 180 [Docket No. RSPA-01-10374 (HM-189S)] RIN 2137-AD60 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. The amendments contained in this rule are minor editorial changes and do not impose new requirements. EFFECTIVE DATE: October 1, 2001. FOR FURTHER INFORMATION CONTACT: Michael G. Stevens, 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 (we) annually reviews the HMR to identify and correct errors. Inaccuracies corrected in this final rule include typographical and printing 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 all minor editorial corrections (e.g., typographical, capitalization and punctuation errors), changes to legal authority citations and certain other [[Page 45178]] minor adjustments to enhance the clarity of the HMR. Section-by-Section Review Part 107 Appendix A to Subpart D. The table in section II, Guidelines for Civil Penalties, is revised to correct typographical errors and column alignment for certain entries. No changes are made to baseline assessment dollar amounts for penalties. Also, we are adding paragraph designations to the corrected entries to facilitate our making revisions to the table in the future. Paragraph designations will be added to other entries as they are revised. Part 171 Section 171.8. The definition of ``NPT'' is revised to remove an outdated CFR reference. The definition ``Occupationally exposed hazmat employee'' is removed. This term was exclusive to the Radiation Protection Program which was withdrawn in a previous rulemaking. In the definitions of ``P.s.i.'', ``P.s.i.g.'', and ``P.s.i.a.'', the punctuated acronyms are removed for consistency with the changes made in a previous rulemaking (RSPA Docket No. 01-9567 (HM-189R)) that replaced these acronyms with their non-punctuated versions, i.e., ``Psi'', ``Psia'', ``Psig'', throughout the HMR. Section 171.15. In paragraph (b), the word ``Department'' is replaced with the wording ``National Response Center'' to reflect the correct name of the organization that receives incident notifications. Part 172 Section 172.101. Table 1 of Appendix A to Sec. 172.101 is revised to correct a typographical error and the subscript font in the molecular formula of three entries. Section 172.102. Special provision 44 is revised to remove an outdated CFR reference and to correct the section reference for the testing of flammable solids. Special provision B13 is revised to remove outdated CFR references for certain cargo tank specifications. Section 172.203. Paragraph (k) is revised to correct typographic case. Paragraph (o)(3) is revised to correct the CFR reference for samples of new self-reactive and organic peroxide materials. Section 172.301. Paragraphs (a)(3) and (b) are revised to correct grammatical and punctuation errors. Section 172.512. The entire heading for paragraph (b) is italicized. Section 172.514. The entire heading for paragraph (c) is italicized. Section 172.604. Two new shipping names adopted in a previous rulemaking (RSPA Docket No. 98-4185 (HM-215C); 64 FR 10742; March 5, 1999) are added to the list of materials excepted from emergency response telephone number requirements. Part 173 Section 173.2a. In paragraph (b), Note 1 following the hazard precedence table is revised to refer readers to Sec. 173.127 for the test criteria and Packing Group assignment for liquids in Division 5.1. Section 173.4. Paragraph (a)(6) introductory text is revised to remove reference to an obsolete note. In addition, in the note to paragraph (a)(6), the heading is revised to correct typographic case. Section 173.28. Paragraph (b)(7)(iv)(C) is revised to correct typographic case. Section 173.33. Paragraph (c)(1)(iii) is revised to correct a punctuation error. Section 173.34. In paragraph (d)(6), the spelling of the word ``pyroforic'' is revised for consistency with the spelling used in the Sec. 172.101 Hazardous Materials Table. In addition, in paragraph (e)(13) table, the superscript is corrected in certain entries. Section 173.50. In the paragraph (b)(6) heading, ``Division 6.1'' is italicized. Section 173.59. The definition of ``Cases, cartridge, empty with primer'' is revised to clarify that the primer is the only explosive component in the article. Section 173.62. Paragraph (a) is revised to correct a CFR reference cite. In addition, in the Table of Packing Methods, packaging instruction ``137'' is revised to correct the format of the column alignment. Section 173.133. In paragraph (a)(2)(i), note 2 of the table is revised to correct the CFR reference for annotating inhalation hazards on shipping papers. Section 173.166. In paragraph (a), the term ``seat-belt pre- tensioner'' is italicized. Section 173.181. Paragraph (a)(2) is revised to correct a CFR reference. Section 173.194. Paragraph (b)(1) is revised to correct a printing error. Section 173.249. The introductory text and paragraph (a) are revised to correct typographic case and a printing error, respectively. Section 173.301. Paragraph (d)(3) is revised to correct the typographic case for ``difluoroethylene''. Section 173.315. Paragraph (l)(6) is revised for minor clarification. Section 173.319. Paragraph (d)(2) table is revised to correct a CFR reference. Section 173.403. Two definitions are revised to correct a punctuation error and to remove the italicizing from a word. Sections 173.433 and 173.435. In these sections, 11 entries are revised to correct miscellaneous typographical errors. Section 173.469. In paragraph (c)(1)(v), the formula is corrected by adding a degree symbol. In paragraphs (d)(1) and (d)(2), the title of an International Organization for Standardization (ISO) publication that is currently incorporated by reference in Sec. 171.7 is corrected. Part 175 Section 175.30. Paragraphs (d)(1) and (d)(2) are revised to correct punctuation errors. Sections 175.31, 175.75, 175.90. These sections are revised to correct grammatical and punctuation errors. Part 176 Section 176.2. The definition ``Commandant'' is revised to correct the title and office symbol for the Coast Guard office that is responsible for handling the approval function. Sections 176.30, 176.63, 176.74. These sections are revised to correct miscellaneous typographical and punctuation errors. Section 176.76. Paragraph (d) is revised to remove an obsolete CFR reference. Paragraph (f)(2) is revised to correct the typographic case for two general hazardous material terms. Section 176.80. The section heading is revised by replacing the word ``Application'' with ``Applicability'' for consistency with the section headings used in the other modal parts of the HMR. Section 176.83. Three paragraphs in this section are revised to correct miscellaneous punctuation and printing errors. Section 176.84. Paragraphs (a), (c)(1), (c)(2), and (c)(3) are revised to correct typographic case. In addition, paragraph (c)(3) is revised to correct a typographical error. Sections 176.88, 176.95, 176.112. The section heading is revised by replacing the word ``Application'' with ``Applicability'' for consistency with the section headings used in the other modal parts of the HMR. Sections 176.133, 176.136, 176.137, 176.194. These sections are revised to correct miscellaneous typographical and punctuation errors. Section 176.210. A minor editorial revision is made for clarification. Section 176.340. This section is revised to correct the title and office symbol for the Coast Guard office that is responsible for handling the approval function. ] Section 176.415. Paragraph (c)(4) is revised to correct a typographical error. [[Page 45179]] Part 177 Section 177.840. Paragraph (e) is revised to correct a punctuation and grammatical error. Section 177.848. Paragraph (g)(3)(iv) is revised for minor clarification. Part 178 Section 178.35. Paragraph (f)(1)(iv) is revised to correct the typographic case for wording used in the example. Sections 178.36, 178.38, 178.39, 178.44. These sections are revised to correct identical typographical errors. Sections 178.45, 178.50, 178.51. These sections are revised to correct miscellaneous typographical and printing errors. Section 178.318-3. This section is revised to correct an outdated CFR reference. Section 178.813. Paragraphs (a) and (d) are editorially revised to reverse the sequence for clarity. Section 178.814. Paragraph (a) is editorially revised to reverse the sequence for clarity. Part 179 Section 179.2. The definition ``NPT'' is revised to correct a typographical error. Section 179.100. The introductory text is revised to correct a typographical error. Section 179.100-7. In paragraph (b) table, a note reference number is corrected in the column 2 heading that was inadvertently not changed when Note 6 was redesignated Note 4 in a previous rulemaking. Sections 179.100-14 and 179.100-18. These sections are revised to correct typographic case and punctuation errors. Section 179.101. The section heading shown as ``Sec. 179.100'' is corrected to read ``Sec. 179.101''. Section 179.101-1. Note 6 of the table is revised to correct a typographical error. Section 179.102-4. Paragraph (a) is revised to correct a CFR reference that was inadvertently not changed in a previous rulemaking that redesignated other paragraphs in this section. Section 179.103.5. Paragraph (b)(4) is revised to correct a printing error. Section 179.200-1. This section is revised to remove an obsolete CFR reference. Section 179.200-7. In paragraph (c) table, a note reference number is corrected in the column 2 heading that was overlooked when Notes 4 and 5 were removed and Note 6 was redesignated as Note 4 in a previous rulemaking. Paragraph (h) is revised to correct typographic case. Sections 179.200-9, 179.200-11, 179.200-14, 179.201-3, 179.201-4, 179.201-6. These sections are revised to correct miscellaneous typographic, printing, and punctuation errors. Section 179.220-7. The paragraph (c) table is revised to remove Notes 4 and 5 and redesignate Note 6 as Note 4. In addition, the heading of column 2 is revised to redesignate Note 6 as Note 4. A previous rulemaking removed the ASTM specification that corresponded to Notes 4 and 5. Sections 179.300-6, 179.400-4, 179.400-17, 179.500-3, 179.500-7, 179.500-18. These sections are revised to correct miscellaneous typographic, printing, and punctuation errors. Part 180 Section 180.352. Paragraph (b)(1) is editorially revised to reverse the sequence for clarity. Sections 180.415, 180.511, 180.519. These sections are revised to make minor editorial corrections for clarity. 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 13132 This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (``Federalism''). 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 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. 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 [[Page 45180]] 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 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. 2. In Part 107, in Appendix A to Subpart D, in the table in section II, the following entries are revised and designated to read as follows: Appendix A To Subpart D of Part 107--Guidelines for Civil Penalties * * * * * II. List of Frequently Cited Violations ---------------------------------------------------------------------------------------------------------------- Violation description Section or cite Baseline assessment ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- PART 172--REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- * * * * * * * Emergency Response Information Requirements (Sec. 172.600-172.604): 1. Providing or listing incorrect 172.602.................. emergency response information with or on a shipping paper. a. No significant difference in ......................... $800. response. b. Significant difference in response ......................... $3,000 to $6,000. 2. Failure to include an emergency 172.604.................. $2,600. response telephone number on a shipping paper. 3. Failure to have the emergency response 172.604.................. $1,300. telephone number monitored while a hazardous material is in transportation or listing multiple telephone numbers (without specifying the times for each) that are not monitored 24 hours a day. 4. Listing an unauthorized emergency 172.604.................. $2,600 to $4,200. response telephone number on a shipping paper. 5. Listing an incorrect or non-working 172.604.................. $1,300. emergency response telephone number on a shipping paper. 6. Failure to provide required technical 172.604.................. $1,300. information when the listed emergency response telephone number is contacted. * * * * * * * ---------------------------------------------------------------------------------------------------------------- PART 173--REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- * * * * * * * Reconditioner Requirements (Sec. 173.28): 1. Representing, marking, or certifying a 173.28(c), (d)........... $6,000 to $10,800. drum as a reconditioned UN standard packaging, when the drum did not meet a UN standard. 2. Marking an incorrect registration 173.28(b)(2)(ii)......... number on a reconditioned packaging. a. Incorrect number.................. ......................... $800. b. Use of another reconditioner's ......................... $7,200. number. 3. Failure to properly conduct alternate 173.28(b)(2)(i).......... leakage test. a. Improper test..................... ......................... $2,000. b. No test at all.................... ......................... $4,000. 4. Representing, marking, or certifying a 173.28(d)................ $500. drum as altered from one standard to another, when the drum had not actually been altered. * * * * * * * Offeror Requirements (Class 7--Radioactive Materials): 1. Offering a DOT specification 7A 173.415(a), 173.461...... packaging without maintaining complete documentation of tests and an engineering evaluation or comparative data. a. Tests and evaluation not performed ......................... $8,400. b. Complete records not maintained... ......................... $2,000 to $5,000. 2. Offering a Type B packaging without 173.471(a)............... holding a valid NRC approval certificate. [[Page 45181]] a. Never having obtained one......... ......................... $2,500. b. Holding an expired certificate.... ......................... $1,000. 3. Offering a limited quantity of 173.421(a)(4)............ $5,000 and up. radioactive materials without marking the inner (or single) packaging ``Radioactive''. 4. Offering low specific activity (LSA) 173.427(a)(6)............ $800. radioactive materials consigned as exclusive use without providing instructions for maintenance of exclusive use shipment controls. 5. Offering a package that exceeds the 173.441.................. $10,000 and up. permitted limits for surface radiation or transport index. 6. Offering a package without determining 173.443.................. $5,000 and up. the level of removable external contamination, or that exceeds the limit for removable external contamination. 7. Storing packages of radioactive 173.447(a)............... $5,000 and up. material in a group with a total transport index more than 50. 8. Offering special form radioactive 173.476(a), (b).......... $2,500. materials without maintaining a complete safety analysis or Certificate of Competent Authority. * * * * * * * ---------------------------------------------------------------------------------------------------------------- PART 178--REQUIREMENTS ---------------------------------------------------------------------------------------------------------------- Third-Party Packaging Certifiers (General): 1. Issuing a certification that directs 171.2(e), 178.2(b), $500 per item. the packaging manufacturer to improperly 178.3(a), 178.503(a). mark a packaging (e.g., steel drum to be marked UN 4G). Manufacturers (General): 1. Failure to insure a packaging 178.601(b)............... certified as meeting the UN standard is capable of passing the required performance testing. a. Packing Group I (includes Section ......................... $10,800. 172.504 table 1 materials). b. Packing Group II.................. ......................... $8,400. c. Packing Group III................. ......................... $6,000. 2. Certifying a packaging as meeting a UN 178.601(d)............... standard when design qualification testing was not performed. a. Packing Group I (includes Section ......................... $10,800. 172.504 table 1 materials). b. Packing Group II.................. ......................... $8,400. c. Packing Group III................. ......................... $6,000. 3. Failure to conduct periodic retesting 178.601(e)............... $2,000 to $10,800. on UN standard packaging (depending on length of time and Packing Group). 4. Failure to properly conduct testing for UN standard packaging (e.g., testing with less weight than marked on packaging; drop testing from lesser height than required; failing to condition fiberboard boxes before design test). a. Design qualification testing...... 178.601(d)............... $2,000 to $10,800. b. Periodic retesting................ 178.601(e)............... $500 to $10,800. 5. Marking, or causing the marking of, a 178.2(b), 178.3(a), $7,200. packaging with the symbol of a 178.503(a)(8).. manufacturer or packaging certifier other than the company that actually manufactured or certified the packaging. 6. Failure to maintain testing records... 178.601(l)............... a. Design qualification testing...... ......................... $1,000 to $5,000. b. Periodic retesting................ ......................... $500 to $2,000. 7. Improper marking of UN certification.. 178.503.................. $500 per item. 8. Manufacturing DOT specification 171.14................... packaging after October 1, 1994 that is not marked as meeting a UN performance standard. a. If packaging does meet DOT ......................... $3,000. specification. b. If packaging does not meet DOT ......................... $6,000 to $10,800. specification. Manufacturing Requirements--Drums: 1. Failure to properly conduct production leakproofness test. a. Improper testing.................. 178.604(b)(1)............ $2,000. b. No testing performed.............. 173.28................... $2,000 to $10,800. Manufacturing Requirements--Cylinders: 1. Manufacturing, representing, marking, Various.................. $7,500 to $15,000. certifying, or selling a DOT high- pressure cylinder that was not inspected and verified by an approved independent inspection agency. 2. Failure to have a registration number Various.................. $800. or failure to mark the registration number on the cylinder. 3. Marking another company's number on a Various.................. $7,200. cylinder. 4. Failure to mark the date of 178.65................... $3,000. manufacture or lot number on a DOT-39 cylinder. 5. Failure to have a chemical analysis Various.................. $5,000. performed in the US for a material manufactured outside the US/failure to obtain a chemical analysis from the foreign manufacturer. 6. Failure to meet wall thickness Various.................. $7,500 to $15,000. requirements.. 7. Failure to heat treat cylinders prior Various.................. $5,000 to $15,000. to testing. 8. Failure to conduct a complete visual Various.................. $2,500 to 6,200. internal examination. 9. Failure to conduct a hydrostatic test, Various.................. $2,500 to 6,200. or conducting a hydrostatic test with inaccurate test equipment. [[Page 45182]] 10. Failure to conduct a flattening test. Various.................. $7,500 to $15,000. 11. Failure to conduct a burst test on a 178.65(f)(2)............. $5,000 to $15,000. DOT-39 cylinder. 12. Failure to have inspections and Various.................. $7,500 to $15,000. verifications performed by an inspector. 13. Failure to maintain required Various.................. inspector's reports. a. No reports at all................. ......................... $5,000. b. Incomplete or inaccurate reports.. ......................... $1,000 to $4,000. * * * * * * * ---------------------------------------------------------------------------------------------------------------- PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 3. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. Sec. 171.8 [Amended] 4. In Sec. 171.8, make the following changes: a. In the definition ``NPT'', the wording ``See Sec. 171.7(d)(12)'' is removed and ``See Sec. 171.7'' is added in its place. b. The definition ``Occupationally exposed hazmat employee'' is removed. c. In the definition of ``P.s.i. or Psi'', the wording ``P.s.i. or Psi'' is removed and the word ``Psi'' is added in its place. d. In the definition of ``P.s.i.a. or psia'', the wording ``P.s.i.a. or psia'' is removed and the word ``Psia'' is added in its place. e. In the definition of ``P.s.i.g. or psig'', the wording ``P.s.i.g. or psig'' is removed and the word ``Psig'' is added in its place. Sec. 171.11 [Amended] 5. In Sec. 171.11, in paragraph (d)(13), the wording ``requirements of Secs. 172.203(1)'' is removed and the wording ``requirements of Secs. 172.203(l)'' is added in its place. Sec. 171.15 [Amended] 6. In Sec. 171.15, in paragraph (b) introductory text, in the third sentence, 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 7. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 8. In Appendix A to Sec. 172.101, in Table 1 to Appendix A, in column 1, make the following changes: a. The term ``p-Phenylenedimine'' is removed and ``p- Phenylenediamine'' is added in its place. b. The term ``Vanadium oxide V205'' is removed and ``Vanadium oxide V 2 O 5 '' is added in its place. c. The term ``Zinc cyanide Zn(CN)2'' is removed and ``Zinc cyanide Zn(CN) 2 '' is added in its place. d. The term ``Zinc phosphide Zn3P2'' is removed and ``Zinc phosphide Zn 3 P 2 '' is added in its place. 9. In Sec. 172.102, in paragraph (c)(1), Special provision 44, and in paragraph (c)(3), paragraph a. in Special provision B13, are revised to read as follows: Sec. 172.102 Special provisions. * * * * * (c) * * * (1) * * * Code/Special Provisions * * * * * 44 The formulation must be prepared so that it remains homogenous and does not separate during transport. Formulations with low nitrocellulose contents and neither showing dangerous properties when tested for their ability to detonate, deflagrate or explode when heated under defined confinement by the appropriate test methods and criteria in the UN Recommendations, Tests and Criteria, nor classed as a Division 4.1 (flammable solid) when tested in accordance with the procedures specified in Sec. 173.124 of this subchapter (chips, if necessary, crushed and sieved to a particle size of less than 1.25 mm) are not subject to the requirements of this subchapter. * * * * * (3) * * * Code/Special Provisions * * * * * B13 * * * a. Packagings equivalent to MC 306 cargo tanks are excepted from the certification, venting, and emergency flow requirements of the MC 306 specification. * * * * * Sec. 172.203 [Amended] 10. In Sec. 172.203, make the following changes: a. In paragraph (k) introductory text, in the first sentence, the word ``table'' is removed and the word ``Table'' is added in its place. b. In paragraph (k) introductory text, in the last sentence, the word ``Column'' is removed and the word ``column'' is added in its place. c. In paragraph (o)(3), the wording ``(see Sec. 173.224(c)(4) of this subchapter) or Division 5.2 (organic peroxide) material (see Sec. 173.225(c)(4) of this subchapter)'' is removed and the wording ``(see Sec. 173.224(c)(3) of this subchapter) or Division 5.2 (organic peroxide) material (see Sec. 173.225(c)(2) of this subchapter)'' is added in its place. Sec. 172.301 [Amended] 11. In Sec. 172.301, make the following changes: a. In paragraph (a)(3) introductory text, the wording ``specified in the Secs. 172.332 or 172.336,'' is removed and the wording ``specified in Sec. 172.332 or Sec. 172.336,'' is added in its place. b. In paragraph (b) heading, the word ``Technica1'' is removed and the word ``Technical'' is added in its place. Sec. 172.512 [Amended] 12. In Sec. 172.512, in paragraph (b) heading, the wording ``(640 cubic feet)'' is removed and the wording ``(640 cubic feet)'' is added in its place. 13-14. In Sec. 172.604, in paragraph (c)(2), two shipping names are added in the appropriate alphabetical sequence to read as follows: Sec. 172.604 Emergency response telephone number. * * * * * (c) * * * (2) * * * Vehicle, flammable gas powered Vehicle, flammable liquid powered * * * * * PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 15. 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. [[Page 45183]] 16. In Sec. 173.2a, note \1\ following paragraph (b) table is revised to read as follows: --------------------------------------------------------------------------- \1\ See Sec. 173.127. --------------------------------------------------------------------------- Sec. 173.2a Classification of a material having more than one hazard. * * * * * (b) * * * Precedence of Hazard Table [Hazard class and packing group] ------------------------------------------------------------------------ ------------------------------------------------------------------------- * * * * * ------------------------------------------------------------------------ \1\ See Sec. 173.127. * * * * * Sec. 173.4 [Amended] 17. In Sec. 173.4, in paragraph (a)(6), remove the Note to Paragraph (A)(6) following the introductory text. Sec. 173.28 [Amended] 18. In Sec. 173.28, in paragraph (b)(7)(iv)(C), the word ``another'' is removed and the word ``Another'' is added in its place. Sec. 173.33 [Amended] 19. In Sec. 173.33, in paragraph (c)(1)(iii), the wording ``at 115 deg.F. must'' is removed and the wording ``at 115 deg.F must'' is added in its place. Sec. 173.34 [Amended] 20. In Sec. 173.34, make the following changes: a. In paragraph (d)(6), the word ``pyroforic'' is removed and the word ``pyrophoric'' is added in its place. b. In paragraph (e)(13) table, in the fifth entry, the wording ``ICC-26-240,1'' is removed and the wording ``ICC-26-240 \1\,'' is added in its place. c. In paragraph (e)(13) table, in the sixth entry, the wording ``ICC-26-2401, ICC-26-3001'' is removed and the wording ``ICC-26-240 \1\, ICC-26-300 \1\'' is added in its place. Sec. 173.50 [Amended] 21. In Sec. 173.50, in paragraph (b)(6), the wording ``Division 1.6 \2\'' is removed and the wording ``Division 1.6 \2\'' is added in its place. Sec. 173.59 [Amended] 22. In Sec. 173.59, make the following changes: a. In the definition Cases, cartridge, empty with primer, the wording ``in which only the explosive component is the primer'' is removed and the wording ``in which the only explosive component is the primer'' is added in its place. b. In the definition Detonator assemblies, non-electric, for blasting, in the last sentence, the wording ``Detonators, nonelectric'' is removed and the wording ``Detonators, non-electric'' is added in its place. 23. In Sec. 173.62, paragraph (a) is revised, in paragraph (c), in the Table of Packing Methods, packing instruction 137 is revised to read as follows: Sec. 173.62 Specific packaging requirements for explosives. (a) Except as provided in Sec. 173.7 of this subchapter, when the Sec. 172.101 Table specifies that an explosive must be packaged in accordance with this section, only packagings which conform to the provisions of paragraphs (b) and (c) of this section or Sec. 173.7(e) of this subchapter and the applicable requirements in Secs. 173.60 and 173.61 may be used unless otherwise approved by the Associate Administrator. * * * * * (c) * * * Table of Packing Methods ---------------------------------------------------------------------------------------------------------------- Packing instruction Inner packagings Intermediate packagings Outer packagings ---------------------------------------------------------------------------------------------------------------- * * * * * * * 137 PARTICULAR PACKING REQUIREMENTS Bags................... Not necessary.......... Boxes. OR EXCEPTIONS For UN 0059, 0439, plastics............... steel (4A). 0440 and 0441, when the shaped Boxes.................. aluminum (4B). charges are packed singly, the fiberboard............. wood, natural, ordinary conical cavity must face downwards Tubes.................. (4C1). and the package marked ``THIS SIDE fiberboard............. wood, natural, sift UP''. When the shaped charges are metal.................. proof walls (4C2). packed in pairs, the conical plastics............... plywood (4D). cavities must face inwards to Dividing partitions in reconstituted wood minimize the jetting effect in the the outer packagings. (4F). event of accidental initiation. fiberboard (4G). * * * * * * * ---------------------------------------------------------------------------------------------------------------- Sec. 173.133 [Amended] 24. In Sec. 173.133, in paragraph (a)(2)(i), in note 2 at the end of the table, the reference ``172.203(m)(3)'' is removed and the reference ``172.203(m)(2)'' is added in its place. Sec. 173.166 [Amended] 25. In Sec. 173.166, in paragraph (a), in the last sentence, the wording ``seat-belt pre-tensioner'' is removed and the italicized wording ``seat-belt pre-tensioner'' is added in its place. Sec. 173.181 [Amended] 26. In Sec. 173.181, in paragraph (a)(2), in the parenthetical at the end of the paragraph, the wording ``(See Secs. 173.34(d)(7) and 177.838(h) of this subchapter.)'' is removed and the wording ``(See Secs. 173.34(d)(6) and 177.838(h) of this subchapter.)'' is added in its place. Sec. 173.194 [Amended] 27. In Sec. 173.194, in paragraph (b)(1), in the second sentence, the wording ``130 mm'' is removed and the wording ``0.30 mm'' is added in its place. Sec. 173.249 [Amended] 28. In Sec. 173.249, make the following changes: a. In the introductory text, the last word ``table'' is removed and the word ``Table'' is added in its place. b. In paragraph (a), the specification ``105A-300W'' is removed and the specification ``105A300W'' is added in its place. Sec. 173.301 [Amended] 29. In Sec. 173.301, in paragraph (d)(3), in the first sentence, the word ``Difluoroethylene'' is removed and the word ``difluoroethylene'' is added in its place. [[Page 45184]] Sec. 173.315 [Amended] 30. In Sec. 173.315, in paragraph (l)(6), the wording ``by representative'' is removed and the wording ``by a representative'' is added in its place. Sec. 173.319 [Amended] 31. In Sec. 173.319, in paragraph (d)(2), in the Pressure Control Valve or Relief Valve Setting Table, in the first column, in the last entry, the wording ``(see Sec. 180.507(a)(3) of this subchapter)'' is removed and the wording ``(see Sec. 180.507(b)(3) of this subchapter)'' is added in its place. Sec. 173.403 [Amended] 32. In Sec. 173.403, make the following changes: a. In the definition of ``Maximum normal operating pressure'', add a period to the end of the sentence. b. In the definition of ``Normal form Class 7 (radioactive) material means'', the word ``means'' is removed and the word ``means'' is added in its place. Sec. 173.433 [Amended] 33. In Sec. 173.433, in paragraph (b), the expression ``A \1\'' is removed and the expression ``A 1 '' is added in its place. Sec. 173.435 [Amended] 34. In Sec. 173.435, in the table, make the following changes: a. For the entry ``Am-242m'', in the sixth column, the expression ``5.4.1 x 10 -3 '' is removed and the expression ``5.41 x 10 -3 '' is added in its place. b. For the entry ``Pa-231'', in the fifth column, the expression ``6 x 10 -5 '' is removed and the expression ``6 x 10 -5 '' is added in its place. c. For the entry ``Si-32'', in the fourth column, the entry ``10800'' is removed and the entry ``1080'' is added in its place. d. For the entry ``Sm-147'', in the seventh column, the expression ``8.510 -10 '' is removed and the expression ``8.5 x 10 -10 '' is added in its place. e. For the entry ``Sm-147'', in the last column, the expression ``2.3;10 -8 '' is removed and the expression ``2.3 x 10 -8 '' is added in its place. f. For the entry ``Sm-151'', in the seventh column, the expression ``9.710 -1 '' is removed and the expression ``9.7 x 10 -1 '' is added in its place. g. For the entry ``Sn-126'', in the seventh column, the expression ``1.010- 3 '' is removed and the expression ``1.0 x 10 -3 '' is added in its place. h. For the entry ``Sn-126'', in the last column, the expression ``2.810 -2 '' is removed and the expression ``2.8 x 10 -2 '' is added in its place. i. For the entry ``Tb-157'', in the seventh column, the expression ``5.610 -1 '' is removed and the expression ``5.6 x 10 -1 '' is added in its place. j. For the entry ``Tb-158'', in the seventh column, the expression ``5.610 1 '' is removed and the expression ``5.6 x 10 -1 '' is added in its place. Sec. 173.469 [Amended] 35. In Sec. 173.469, the following changes are made: a. In paragraph (c)(1)(v), the expression ``50 deg.C 5 (122 deg.F 9 deg.)'' is remove
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