RegulusPipeline research62 FR 51554
Passage 1[Federal Register Volume 62, Number 190 (Wednesday, October 1, 1997)] [Rules and Regulations] [Pages 51554-51561] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-25821] _______________________________________________________________________ _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ Hazardous Materials Regulations; Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations Research and Special Programs Administration 49 CFR Parts 107, 171, 172, 173, 175, 176, 177, 178, 179, and 180 [Docket No. RSPA-97-2910 (HM-189N)] RIN 2137-AD09 Hazardous Materials Regulations; Editorial Corrections and Clarifications AGENCY: Research and Special Programs Administration (RSPA), DOT. ----------------------------------------------------------------------- SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes, and in response to requests for clarification, improves the clarity of certain provisions to 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. 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.#
Passage 2RSPA 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 editorial corrections (e.g., typographical, capitalization and punctuation errors), changes to legal citations and certain other minor adjustments to enhance the clarity of the HMR. Paragraph (a) is revised to add in clarification that the exemption must be written in English. Paragraph (d)(5) is revised to correct the name of the office within the United States Coast Guard designated to receive applications for emergency exemptions. Appendix A to Subpart D of Part 107--Guidelines For Civil Penalties is revised to correct section or cite references that were incorrectly published under Docket HM-207F published on January 21, 1997. In Sec. 171.6, in paragraphs (a) and (b), the references to the ``Paperwork Reduction Act of 1980'' are removed and replaced with the ``Paperwork Reduction Act of 1995'' to incorporate the 1995 amendments to the Paperwork Reduction Act. In paragraph (b)(2), the table is revised to incorporate numerous changes to the information collections. The changes are due to rulemaking actions and information collection activities under the Paperwork Reduction Act of 1995.#
Passage 3In the paragraph (a)(3) table of material incorporated by reference, the address for the American Society for Testing and Materials is updated. In paragraph (b), reference to the standard ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials [51 FR 5968 February 18, 1986] Effective March 20, 1986, HMT-166T'' which was incorporated by reference in Sec. 177.825 is removed. Section 177.825 was removed under a previous rulemaking, HM-222A. Editorial revisions are made to remove obsolete section references. The Hazardous Materials Table (the Table) is amended as follows: For the entry ``Accumulators, pressurized, pneumatic or hydraulic (containing non-flammable gas)'', the label code ``2.1'' is removed and a label code ``2.2'' is added to correct a typographical error. For the entry ``Hydrogen chloride anhydrous,'' column (7) is corrected by removing Special Provision ``B43'' and adding Special Provision ``3''. For the entry ``Jet perforating guns charged oil well, with detonator, 1.1D, NA0124'' column (7), is corrected by removing the reference to ``D55'' and replacing it with ``55''. For the entry ``Mercury (contained in manufactured articles)'', in column (5) packing group ``I'' is removed and packing group ``III'' is added to correct a typographical error. For the entries ``Propellant, liquid, 1.3C, UN0495'', ``Propellant, liquid, 1.1C, UN0497'', ``Propellant, solid, 1.1C, UN0498'' and ``Propellant, solid, 1.3C, UN0499'' packing group ``II'' is added in column (5). A new entry ``Radioactive material, excepted package-empty package or empty packaging'' is added in appropriate alphabetical order. This entry was deleted in error under a previous rulemaking. Paragraph 4 corrects two column references. In paragraph (k)(3), RSPA is correcting the proper shipping name ``Hydrogen gases mixtures compressed, n.o.s.'' to read ``Hydrocarbon gases mixtures compressed, n.o.s.'' due to a printing error. Under Docket HM-215B (62 FR 24720) published on May 6, 1997, the entry was added to the list of generic proper shipping names which require a technical name. A grammatical error is corrected in paragraph (b)(1). Paragraph (c)(3) is revised to provide the correct section reference. Paragraph (e) is revised to provide the correct section reference.#
Passage 4In Sec. 173.32, in paragraph (e)(2)(i), a provision on pressure testing certain portable tanks is added. This sentence was inadvertently omitted under another rulelmaking action. This section is revised by replacing the references to the Bureau of Explosives (BOE) of the Association of American Railroads (AAR) and the Bureau of Mines (BOM) of the U.S. Department of the Interior with the words ``a person approved by the Associate Administrator for Hazardous Materials Safety (AAHMS).'' Currently, this section specifies BOE of the AAR and BOM of the U.S. Department of the Interior to examine and make recommendations on the classification of explosives. The AAR no longer performs this service, and the BOM is no longer an agency within the Department of the Interior. The National Institute of Occupational Safety and Health (NIOSH), U.S. Department of Health and Human Services and the Explosives Bureau, a private company, are currently authorized to examine and make recommendations on the classification of explosives. In paragraph (b), the revised Explosives Table printed in HM-215B [62 FR 24722 May 6, 1997] inadvertently omitted NA0331 with its associated Packing Instructions 116 or 117. In paragraph (a), the wording ``on the basis of test results following test methods given in appendix E of this part and by applying the appropriate criteria given in this section.'' is revised to read ``on the basis of test results following test methods given in the UN Manual of Tests and Criteria and by applying the appropriate criteria given in this section.'' Paragraphs (b)(1) and (b)(3)(i) are revised by deleting the references to BOE and BOM (see preamble discussion under Sec. 173.56). In paragraph (b), the authorized packaging ``Aluminum box: 4A'' is corrected to read ``Aluminum box: 4B''. In the heading and first sentence, the word ``Polystyrene'' is revised to read ``Polymeric'' for consistency with a change to the Hazardous Material Table issued on December 29, 1994 under HM-215A. In paragraph (e)(4) the melt index for low density polyethylene saddles is corrected. In paragraph (b)(1), reference to ``Sec. 178.346-10 or Sec. 178.347-10'' is corrected to read ``Sec. 178.346-3 or Sec. 178.347-4''. In paragraph (b)(1), reference to ``Sec. 178.346-10 or Sec. 178.347-10'' is corrected to read ``Sec. 178.346-3 or Sec. 178.347-4''.#
Passage 5In paragraph (g)(1)(iii), reference to ``Sec. 179-200-18'' is corrected to read Sec. 179.15''. Paragraph (a)(3) is updated to provide the correct section references. Paragraph (b)(2) is updated to provide the correct section references. In paragraph (b), in the first sentence, the reference ``Sec. 175.45'' is corrected to read ``Sec. 171.15''. In paragraph (c) the wording ``Commandant USCG (G-MTH)'' is updated to read ``Commandant USCG (G-MSO)''. The last sentence, in Sec. 177.810, which makes reference to Sec. 177.825 is removed. Section 177.825 was removed from the Hazardous Materials Regulations under HM-222A. Paragraph (e) is revised to remove the reference to the Bureau of Mines (BOM) and to reflect that the National Institute of Occupational Safety and Health (NIOSH) Pittsburgh Research Center, U.S. Department of Health and Human Services is authorized to approve gas masks for chlorine cargo tanks. In paragraph (a)(2)(iii), the wording ``l=moment of inertia-- 0.04909 (D4-d4) inches fourth'' is corrected to read ``I=moment of inertia--0.04909 (D4-d4) inches fourth''. In paragraph (b), in Table 1.--Authorized Materials, for specification 3HT seamless steel cylinders for aircraft use, RSPA is correcting a printing error for the entry ``Molybdenum,'' by revising the specification ``0.18/0.25'' to read ``0.15/.025.'' Paragraph (i) is corrected the read ``Cylinders must withstand a hydrostatic test as follows:''. In paragraph (f)(1)(ii), a paragraph reference is updated to read ``One-half of the minimum tensile strength of the material as required in paragraph (j) of this section.'' Paragraph (b)(13) is revised to read ``Metallurgical design temperature range, in deg.C or deg.F.'' A grammatical error is corrected in paragraph (b). Paragraph (a)(1) is corrected by removing the reference to ``paragraph (d)'' and replacing it with ``paragraph (e)(1)''. a. In paragraph (b), the wording ``Settings for pressure relief devices'' is corrected to read ``Settings for reclosing pressure relief devices''. b. In paragraph (e), the wording ``reclosing'' is corrected to read ``nonreclosing''. c. Paragraph (f) is revised to clarify that a nonreclosing pressure relief device incorporating a rupture disc must be designed to rupture at a pressure equal to the greater of 100 percent of the tank test pressure, or 33 percent of the tank burst pressure.#
Passage 6Paragraph (a) is updated to reflect the correct section reference. Paragraph (a) is updated to reflect the correct section reference. The reference ``Sec. 179.221-1'' is corrected to read ``Sec. 179.15''. The table is revised by removing ``footnote 1'' in its entirety. On September 21, 1995, RSPA published a final rule in docket HM- 175A (60 FR 40048). The final rule required, in Sec. 180.509 testing requirements for valves and fittings, paragraph (j)(1), and interior heater systems, paragraph (j)(2). To clarify the requirements for ``leak testing,'' RSPA published a correctional docket on June 26, 1996 (61 FR 33250). In the June 26 correctional docket, RSPA amended paragraph (j)(1), and in the amendment inadvertently removed paragraph (j)(2), with respect to testing interior heater systems. This final rule corrects that error by reinstating paragraph (j)(2). 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. This final rule has been analyzed in accordance with the principles and criteria in Executive Order 12612 (``Federalism'') and does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. 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. 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. There are no new information collection requirements in this final rule.#
Passage 7A 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. Administrative practice and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. Exports, Hazardous materials transportation, Hazardous waste, Imports, Incorporation by reference, Reporting and recordkeeping requirements. Hazardous materials transportation, Hazardous waste, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements. Hazardous materials transportation, Packaging and containers, Radioactive materials, Reporting and recordkeeping requirements, Uranium. Air carriers, Hazardous materials transportation, Radioactive materials, Reporting and recordkeeping requirements. Hazardous materials transportation, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements. Hazardous materials transportation, Motor carriers, Radioactive materials, Reporting recordkeeping requirements. Hazardous materials transportation, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements. Hazardous materials transportation, Railroad safety, Reporting and recordkeeping requirements. Hazardous materials transportation, Motor carriers, Motor vehicle safety, Packaging and containers, 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. 2. In Sec. 107.105, the introductory text of paragraph (a) is revised to read as follows: (a) General. Each application for an exemption or modification of an exemption must be written in English and must-- * * * * *#
Passage 83. In Sec. 107.117, in paragraph (d)(5), the wording ``Chief, Hazardous Materials Standards Branch, Operating and Environmental Standards Division,'' is removed and the wording ``Chief, Hazardous Materials Standards Division, Office of Operating and Environmental Standards,'' is added in its place. Appendix A to Subpart D of Part 107--[Amended] 3a. In Appendix A to subpart D of part 107, in Part II of the appendix, as revised at 62 FR 2972, under the headings ``Part 173-- Requirements'' and ``Part 178--Requirements'' for each entry indicated in the left column of the table below, remove the Section or cite reference in the middle column and add the Section or cite reference in the right column: ---------------------------------------------------------------------------------------------------------------- Column 1 entry Remove column 2 section or cite Add column 2 section or cite ---------------------------------------------------------------------------------------------------------------- Part 173--Requirements * * * * * * * Cylinder Retesters (Secs. 173.23, 173.34, and 173.302): * * * * * * * Failure to maintain legible 173.34(e)........................... 173.34(c). markings on a cylinder. * * * * * * * Failure to conduct a complete 173.34(e)(1)........................ 173.34(e)(3). visual external and internal examination. Failure to have a retester's 173.34(e)(1)(i)..................... 173.34(e)(2)(i). identification number (RIN). Failure to have current 173.34(e)(1)(i)..................... 173.34(e)(2)(i). authority due to failure to renew a retester's identification number. Failure to have a retester's 173.34(e)(1)(i)..................... 173.34(e)(2)(i). identification number and marking another RIN on a cylinder.#
Passage 9* * * * * * * Performing hydrostatic retesting 173.34(e)(3)........................ 173.34(e)(4). without demonstrating the accuracy of the testing equipment. Failure to hold hydrostatic test 173.34(e)(3)........................ 173.34(e)(4). pressure for 30 seconds or sufficiently longer to allow for complete expansion. Failure to perform a second 173.34(e)(3)........................ 173.34(e)(4). retest, after equipment failure, at a pressure of 10% more or 100 psi more, whichever is less (includes exceeding 90% of test pressure prior to conducting a retest). Failure to condemn a cylinder 173.34(e)(4)........................ 173.34(e)(6). with permanent expansion of 10% or greater (5% for certain exemption cylinders); failure to condemn cylinders with evidence of internal or external corrosion, denting, bulging, or rough usage. * * * * * * * Failure to keep complete and .................................... accurate records of cylinder reinspection and retest.. * * * * * * * Incomplete or inaccurate 173.34(e)(5)........................ 173.34(e)(8). records. Improper marking of the RIN or 173.34(e)(5)........................ 173.34(e)(7). retest date on a cylinder. Marking a DOT 3HT cylinder with 173.34(e)(13)(iv)................... 173.34(e)(15) a steel stamp other than a low- stress steel stamp. * * * * * * * Offeror Requirements (Class 7-- Radioactive Materials): * * * * * * * Offering a Type B packaging 173.416(b),173.471(d)............... 173.471(a). without holding a valid NRC approval certificate. * * * * * * * Offering low specific activity 173.425(b)(9) & (c)(7).............. 173.427(a)(6). (LSA) radioactive materials consigned as exclusive use without providing instructions for maintenance of exclusive use shipment controls. * * * * * * * Manufacturing Requirements-- Cylinders: * * * * * * * Failure to mark the date of 178.65-14........................... 178.65 manufacture or lot number on a DOT-39 cylinder .. ---------------------------------------------------------------------------------------------------------------- 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. 5. In Sec. 171.6, the paragraph (b)(2) table is revised to read as follows: Sec. 171.6 Control numbers under the Paperwork Reduction Act.#
Passage 10---------------------------------------------------------------------------------------------------------------- Title 49 CFR part or section where identified and Current OMB control No. Title described ---------------------------------------------------------------------------------------------------------------- 2137-0014.................. Cargo Tank Specification Secs. 107.503, 107.504, 178.320, 178.337, Requirements. 178.338, 178.345, 178.346, 178.347, 178.348, 180.409, 180.417. 2137-0018.................. Inspection and Testing of Secs. 173.24, 173.32, 173.32a, 173.32b, 173.32 Portable Tank and IBC's. (b)(e), 173.32c, 178.3, 178.270, 178.271, 178.272, 178.245, 178.255, 178.245-1 (a), 178.255- 1, 178.245-6, 178.702, 178.801, 178.810, 180.352, 178.813, 178.703. 2137-0022.................. Recordkeeping and information Secs. 173.34, 173.302(e), 173.303(d). Collection for Cylinders. 2137-0034.................. Hazardous Materials Shipping Part 172, Secs. 173.7(a)(1), 173.22(a)(1), 173.56 Papers. (b)(1), (d)(1), (e)(2), 173.150(f)(3)(i), 174.24, 174.26(b) 174.114, 175.30, 175.35, 175.703, 176.9, 176.24, 176.27, 176.30, 176.31, 176.36, 176.89, 176.90, 176.95, 177.817.#
Passage 112137-0039.................. Hazardous Materials Incident Secs. 171.15, 171.16. Report. 2137-0051.................. Rulemaking and Exemption Part 107, Subpart B, Secs. 106. 31, 106.33, Petitions. 107.3, 107.5, 107.7, 107.103, 107.105, 107.107, 107.109, 107.113, 107.117, 107.121, 107.123, 107.125, 107.201, 107.202, 107.203, 107.205, 107.209, 107.211, 107.215, 107.217, 107.219, 107.221, 107.223. 2137-0510.................. RAM Transportation Requirements Secs. 173.22(c), (d), 173.411, 173.415(a), 173.416(b), 173.417(a)(5), (b)(3), (4), 173.457(b), 173.471 (a), (d), (f), 173.472, 173.473 (a), (d), 173.476 (a), (b), (e), 173.477, 173.478(a). 2137-0542.................. Cryogenic Liquids Requirements. Secs. 173.33(d)(1)(ii), 177.816, 177.840. 2137-0557.................. Approvals for Hazardous Secs. 107.401, 107.402, 107.403, 107.404, Materials. 107.405, 172.101(l)(2), 172.102(c)(B69), 173.2a(c)(4), 173.4(a)(11), 173.7(a)(1), 173.21(f)(3)(h)(2)(i), 173.24(e)(3)(iii), 173.51(a), (b), 173.56(a)(2), (b)(1), (2), (4), (c), (f), (g), (i), (j)(3), 173.124(a)(1)(iii)(B), (a)(2)(iii)(D), 173.128(d), 173.159(f), 173.166, 173.171(a), (c), 173.185(d)(9), (ii), (iii), i, 173.214, 173.224(d) 173.225(b)(4), (c), 173.245(a)(b), 173.300a, 173.300b, 173.305(c)(1), 173.315(i)(12), 173.334(d), 173.340(a), (b), (c)(4), 176.340(c), 177.806(a)(1), 178.36-3, 178.37-3, 178.38-3, 178.39-3, 178.42-3, 178.44-3, 178.45-3, 178.46-3, 178.50-3, 178.51-3, 178.53-3, 178.55-3, 178.56-3, 178.57-3, 178.58-3, 178.59-3, 178.60-3, 178.61-3(a), 178.65-3, 178.68-3, 178.270-3(f), 178.270-13(d), 178.601(e)(g)(7), (h), (k), 178.603(b), 178.604(b)2), 178.605(b), 178.606(b), (c), 178.608(b)(5), 178.801(e)(2), (h), (i), 178.813(c). 2137-0559.................. Rail Carriers and Tank Car Tank Secs. 173.10(b)(1), 173.31(a)(2), 173.247(a), Requirements. 173.31(b)(6)(ii) 174.9, 174.20(b), 174.50, 174.61, 172.102: SP: B-45, B-46, B-55, B-61, B-69, B-77, B-78, B- 81, 174.63(d), Secs. 174.81, Table Note b, 174.104(c), (e), (f), 174.114, 174.204(a)(1), 179.3, 179.5 179.7(b)(2), (5)(d), 179.22, 180.505, 180.509, 180.515, 180.517(a)(b), 180.519(d). 2137-0572.................. Testing Requirements for Secs. 178.2(c), 178.601(1). Packaging. 2137-0575.................. Bulk Packaging Marking Secs. 172.302, 172.332, 172.336. Requirements. 2137-0582.................. Container Certification Secs. 176.172, 176.27(c). Statement#
Passage 12. 2137-0586.................. Hazardous Materials Public Part 110 Sector Training and Planning Grants. 2137-0595.................. Cargo Tank Motor Vehicles in Secs. 178.337-11(a)(1)(i). Liquefied Compressed Gas Service. ---------------------------------------------------------------------------------------------------------------- 6. In Sec. 171.6, in paragraphs (a) and (b) introductory text, the wording ``Paperwork Reduction Act of 1980'' is removed and ``Paperwork Reduction Act of 1995'' is added each place it appears. 7. In Sec. 171.7, the following changes are made: a. In paragraph (a)(3) table, under American Society for Testing and Materials, the wording ``1916 Race Street, Philadelphia, PA 19103'' is removed and ``100 Barr Harbor Drive, West Conshohocken, PA 19428'' is added in its place. b. In the paragraph (b) table, under Department of Transportation (USDOT), in the first column, the entry ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials [51 FR 5968 February 18, 1986] Effective March 20, 1986, HMT-166T.'' is removed and in the second column, the entry ``177.825'' is removed. 8. In Sec. 171.8, the definition ``State routing agency'' is removed. 9. In Sec. 171.12, in paragraph (d)(1), the wording ``172.507, 173.22(c), and 177.825'' is removed and ``172.507 and 173.22(c)'' is added in its place. 10. In Sec. 171.15, in paragraph (a)(2), the reference ``175.45,'' is removed. PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 11. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 11a. In Sec. 172.101, the Hazardous Material Table is amended by adding the following entry, in appropriate alphabetical order, as follows: Sec. 172.101 Purpose and use of hazardous materials table.#
Passage 13Hazardous (8) Packaging authorizations (Sec. (9) Quantity limitations (10) Vessel stowage materials Hazard 173.***) ------------------------------------------------------- Symbols descriptions and class or Identification PG Label codes Special -------------------------------------------- Passenger proper shipping division numbers provisions aircraft/ Cargo air- Location Other names Exceptions Non-bulk Bulk rail craft only (1) (2)............... (3) (4).............. (5).......... (6)............... (7).......... (8A)......... (8B)......... (8C)........ (9A)........ (9B)........ (10A)....... (10B) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Radioactive 7 UN2910........... ............. EMPTY............. ............. 428.......... 428.......... 428......... ............ ............ A........... ............ material, excepted package- empty package or empty packaging. * * * * * * * ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 12. In addition, in Sec. 172.101, in the Hazardous Materials Table, the following changes are made: a. For the entry ``Accumulators, pressurized, pneumatic or hydraulic (containing non-flammable gas).'', in column (6), ``2.1'' is removed and ``2.2'' is added in its place. b. For the entry ``Hydrogen chloride, anhydrous'', in column (7), ``B43'', is removed and ``3'' is added. c. For the entry ``Jet perforating guns, charged oil well, with detonator, 1.1D, NA0124'', in column (7), ``D55'' is removed and ``55'' is added in its place. d. For the entry ``Mercury contained in manufactured articles'', in column (5), ``I'' is removed and ``III'' is added in its place. e. For each of the following entries, in column (5), ``II'' is added: ``Propellant, liquid, 1.3C, UN0495'', ``Propellant, liquid, 1.1C, UN0497'', ``Propellant, solid, 1.1C, UN0498'', ``Propellant, solid, 1.3C, UN0499''. 12a. In Appendix A to Sec. 172.101, paragraph 4 is revised to read as follows: Appendix A--to Sec. 172.101--List of Hazardous Substances and Reportable Quantities#
Passage 14* * * * * 4. Column 1 of TABLE 1, entitled ``Hazardous substance'', contains the names of those elements and compounds that are hazardous substances. Following the listing of elements and compounds is a listing of waste streams. These waste streams appear on the list in numerical sequence and are referenced by the appropriate ``D'', ``F'', or ``K'' numbers. Column 2 of TABLE 1, entitled ``Reportable quantity (RQ)'', contains the reportable quantity (RQ), in pounds and kilograms, for each hazardous substance listed in Column 1 of TABLE 1. * * * * * 13. In Sec. 172.203, in paragraph (k)(3), as amended at 62 FR 24719 on May 6, 1997 the entry ``Hydrogen gases mixtures, compressed, n.o.s.'' is removed and the entry ``Hydrocarbon gases mixtures, compressed, n.o.s.'' is added in alphabetical order. 14. In Sec. 172.204, in paragraph (b)(1) introductory text, the wording ``for a hazardous materials offered for'' is removed and the wording ``for a hazardous material offered for'' is added in its place. 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; 49 CFR 1.45 and 1.53. 16. In Sec. 173.6, as added at 62 FR 1216, in paragraph (c)(3), the reference ``Sec. 178.65-14'' is revised to read ``178.65(i)''. 17. In Sec. 173.9, as currently in effect, in paragraph (e), the reference ``Sec. 176.76(i)'' is revised to read ``Sec. 176.76(h)''. 18. In Sec. 173.32, in paragraph (e)(2)(i), a sentence is added immediately following the second sentence ending with the wording ``entire tank'' to read: ``Any other tank must be tested by a minimum pressure (air or hydrostatic) of at least 2 pounds per square inch gage or at least one and one-half times the design pressure (maximum allowable working pressure, or re-rated pressure) of the tank, whichever is greater.''.#
Passage 1519. In Sec. 173.56, the following changes are made: a. In paragraph (b)(1), in the first sentence, the wording ``the Bureau of Explosives (BOE) or the Bureau of Mines, U.S. Department of Interior (BOM)'' is removed and ``a person approved by the Associate Administrator for Hazardous Materials Safety'' is added in its place. b. In paragraph (f), the wording ``the Bureau of Explosives or the Bureau of Mines'' is removed and ``a person approved by the Associate Administrator for Hazardous Materials Safety'' is added in its place. c. Also in paragraph (f), the wording ``examination by the BOE, the BOM, or other government agency'' is removed and ``examination by a person approved by the Associate Administrator for Hazardous Materials Safety'' is added in its place. 20. In Sec. 173.62, in the paragraph (b) Explosives Table, as revised at 62 FR 24720, immediately following the entry NA0323, a new entry ``NA0331'' is entered in the first column and ``116 or 117'' is added as the corresponding entry in the second column. 21. In Sec. 173.125, the second sentence of paragraph (a) is amended by removing, the wording ``on the basis of test results following test methods given in appendix E of this part and by applying the appropriate criteria given in this section'' and ``on the basis of test results following test methods given in the UN Manual of Tests and Criteria and by applying the appropriate criteria given in this section'' is added in its place. 22. In Sec. 173.166, the following changes are made: a. In paragraph (b)(1), the wording ``the Bureau of Explosives (BOE) or the Bureau of Mines (BOM)'' is removed and ``a person approved by the Associate Administrator for Hazardous Materials Safety'' is added in its place. b. In paragraph (b)(3)(i), the wording ``BOE or BOM'' is removed. 23. In Sec. 173.202, in paragraph (b), the authorized packaging ``Aluminum box: 4A'' is revised to read ``Aluminum box: 4B''. 24. In Sec. 173.221, in the heading and in the first sentence, the word ``Polystyrene'' is revised to read ``Polymeric'' each place it appears. 25. In Sec. 173.225, in paragraph (e)(4) in the first sentence, the wording ``between 0.2 and 10.0 g/min'' is removed and the wording ``at least 0.2 grams per 10 minutes'' is added in its place.#
Passage 1626. In Sec. 173.242, in paragraph (b)(1), in the first sentence, the wording ``Sec. 178.346-10 or Sec. 178.347-10'' is revised to read ``Sec. 178.346-3 or Sec. 178.347-4''. 27. In Sec. 173.243, in paragraph (b)(1), in the first sentence, the wording ``Sec. 178.346-10 or Sec. 178.347-10'' is revised to read ``Sec. 178.346-3 or Sec. 178.347-4''. 28. In Sec. 173.247, in paragraph (g)(1)(iii)(C), the reference ``Sec. 179.200-18'' is revised to read ``Sec. 179.15''. 29. In Sec. 173.320, paragraph (a)(3) is revised to read as follows: Sec. 173.320 Cryogenic liquids; exceptions. (3) Subparts A and B of part 173, and Secs. 174.1, 177.800, 177.804, and 177.823 of this subchapter. * * * * * 30. In Sec. 173.422, in paragraph (b)(2), the reference ``175.45,'' is removed. 31. The authority citation for part 175 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 32. In Sec. 175.700, in paragraph (b), in the first sentence, the reference ``Sec. 175.45'' is revised to read ``Sec. 171.15''. 33. The authority citation for part 176 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 34. In Sec. 176.340, in paragraph (c), the wording ``Commandant, USCG (G-MTH)'' is removed and the wording ``Commandant, USCG (G-MSO)'' is added in its place. 35. The authority citation for part 177 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 36. In Sec. 177.810, the last sentence, ``For Class 7 (radioactive) materials, see Sec. 177.825 of this part.'' is removed. 37. In Sec. 177.840, in paragraph (e), the wording ``the U.S. Bureau of Mines'' is removed and ``The National Institute of Occupational Safety and Health (NIOSH) Pittsburgh Research Center, U.S. Department of Health and Human Services'' is added in its place. 38. The authority citation for part 178 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 39. In Sec. 178.36, in paragraph (a)(2)(iii), the wording, ``l=moment of inertia--0.04909 (D4-d4) inches fourth'' is revised to read ``I=moment of inertia--0.04909 (D4-d4) inches fourth''. 40. In Sec. 178.44, in paragraph (b), in Table 1.--Authorized Materials, in the second column for the entry ``Molybdenum,'' the specification ``0.18/0.25'' is removed and ``0.15/.025'' is added in its place.#
Passage 1741. In Sec. 178.50, in paragraph (i) introductory text, the wording ``Each cylinder must'' is removed and the wording ``Cylinders must'' is added in its place. 42. In Sec. 178.68, paragraph (f)(1)(ii) is revised to read as follows: Sec. 178.68 Specification 4E welded aluminum cylinders. * * * * * (f) * * * (1) * * * (ii) One-half of the minimum tensile strength of the material as required in paragraph (j) of this section. * * * * * 43. In Sec. 178.270-14, paragraph (b)(13) is revised to read as follows: * * * * * (b)* * * (13) Metallurgical design temperature range, in deg.C or deg.F. * * * * * 44. In Sec. 178.338-19, in paragraph (b), in the last sentence, the wording ``of the section'' is removed and ``of this section'' is added in its place. 45. In Sec. 178.503, in paragraph (a)(1), the wording ``paragraph (d)'' is removed and ``paragraph (e)(1)'' is added in its place. 46. The authority citation for part 179 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 47. In Sec. 179.15, the following changes are made: a. In paragraph (b), the heading is revised to read as set forth below. b. In the introductory text of paragraph (e), in the second sentence, the word ``reclosing'' is revised to read ``nonreclosing''. c. Paragraph (f)(1) is revised to read as follows: * * * * * (b) Settings for reclosing pressure relief devices.* * * * * * * * (f) * * * (1) Until October 1, 1998, a nonreclosing pressure relief device must incorporate a rupture disc designed to burst at a pressure equal to 100% of the tank test pressure, or 33% of the tank burst pressure. After that date, a nonreclosing pressure relief device must incorporate a rupture disc designed to burst at a pressure equal to the greater of 100% of the tank pressure, or 33% of the tank burst pressure. * * * * * 48. In Sec. 179.100-19, in paragraph (a), the reference ``Sec. 179.101'' is revised to read ``Sec. 179.15''. 49. In Sec. 179.200-23, in paragraph (a), the reference ``Sec. 179.201-1'' is revised to read ``Sec. 179.15''. 50. In Sec. 179.220-24, the reference ``Sec. 179.221-1'' is revised to read ``Sec. 179.15''. 51. In the Sec. 179.221-1 table, the first column heading ``DOT specification \1\ '' is revised to read ``DOT specification'' and immediately following the table, footnote 1 is removed. PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS#
Passage 1852. The authority citation for part 180 is revised to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 53. In Sec. 180.509, the text of paragraph (j) is designated as paragraph (j)(1) and paragraph (j)(2) is added to read as follows: Sec. 180.509 Requirements for inspection and test of specification tank cars. * * * * * (j) Leakage pressure test. (1) * * * (2) Interior heater systems must be tested hydrostatically at 13.87 Bar (200 psi) and must show no signs of leakage. * * * * * Issued in Washington, DC, on September 24, 1997, under authority delegated in 49 CFR part 1. Kelley S. Coyner, Acting Administrator. [FR Doc. 97-25821 Filed 9-30-97; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.