RegulusPipeline research63 FR 52844
Passage 1[Federal Register Volume 63, Number 190 (Thursday, October 1, 1998)] [Rules and Regulations] [Pages 52844-52851] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-25616] _______________________________________________________________________ _______________________________________________________________________ Research and Special Programs Administration _______________________________________________________________________ Hazardous Materials Regulations; Editorial Corrections and Clarifications; Final Rule Federal Register / Vol. 63, No. 190 / Thursday, October 1, 1998 / 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-98-4404 (HM-189O)] RIN 2137-AD27 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 in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the HMR. This non-substantive final rule correcting minor errors in the hazardous materials regulations was not preceded by a notice of proposed rulemaking because RSPA finds that notice and public comment are unnecessary under the Administrative Procedure Act. 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 minor editorial corrections (e.g., typographical, capitalization and punctuation errors), changes to legal authority citations and certain other minor adjustments to enhance the clarity of the HMR. Paragraph (a)(3) is revised to remove an obsolete section reference. Paragraph (a)(5) is revised to update a 49 CFR part reference. In 1976, 49 CFR part 1057 was redesignated as part 376. That change was never corrected in the registration requirements at Sec. 107.606(a)(5). In paragraph (a)(3), in the table of material incorporated by reference, in the entry ``IME Safety Library Publication No. 22'', in the second column, a reference to ``173.63'' is added immediately before ``177.835''. A minor editorial change is made to the ``Marine pollutant'' definition to enhance its clarity. In the ``Reportable Quantity'' definition, a reference to ``column 3'' is corrected to read ``column 2''. Paragraph (c) (1) is revised to clarify that the authorization allowing a fiber drum with a removable head to be used for a liquid hazardous material in Packing Group III that is not poisonous by inhalation expired on September 30, 1997.#
Passage 3In paragraph (c)(11), a reference to ``Sec. 173.51'' is corrected to read ``Sec. 173.54''. In paragraph (f), in the first sentence, the word ``ORD-D'' is removed and the word ``ORM-D'' is added in its place. The Hazardous Materials Table (the Table). The Table is amended to read as follows: The entry ``Anhydrous ammonia see Ammonia, anhydrous, liquefied'' is corrected by removing the word ``,liquefied''. Separate entries for ``Ammonia, anhydrous'' and ``ammonia solutions'' were created under Docket HM-215B [62 FR 24707; May 6, 1997]. In the following proper shipping names, the word ``gases'' is revised to read ``gas'', for consistency with the way they are shown in the UN Recommendations: Compressed gases, flammable, n.o.s.; Compressed gases, n.o.s.; Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone A; Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone B; Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone C; Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone D; Compressed gases, toxic, n.o.s. Inhalation Hazard Zone A; Compressed gases, toxic, n.o.s. Inhalation Hazard Zone B; Compressed gases, toxic, n.o.s. Inhalation Hazard Zone C; Compressed gases, toxic, n.o.s. Inhalation Hazard Zone D. The entry ``Diphenylmethane-4,4' diisocyanate'' is removed. This material does not meet the toxicity criteria for a Division 6.1 Packing Group III material, and this entry was also deleted from the List of Dangerous Goods in the ninth revised edition of the UN Recommendations. The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' is corrected by removing ``122'' and replacing it with ``12''. For the entry ``Methyl isocyanate, 6.1,UN2480'', Column (7) is corrected by removing Special Provision ``A7''. This material is forbidden for transportation by aircraft. For the entry ``Sodium hydrogendifluoride, solid'', the word ``solid'' is italicized. For the entry ``Sodium hydrogendifluoride, liquid'', the word ``liquid'' is italicized. For the entry ``Uranium hexafluoride, fissile excepted or non- fissile, 7, UN2978'', columns 8B and 8C are corrected by removing the reference ``425'' and replacing it with ``427''. For the entry ``Water-reactive, solid, oxidizing, n.o.s., 4.3, UN3133'', in column 5, packing group ``II'' is added, in column (10A) ``E'' is added, and in column (10B), ``40'' is added. In addition, a#
Passage 4new entry for the material in packing group III is added. In paragraph (c) (1), special Provision 114B is corrected by removing the wording ``US006'' and replacing it with ``US1''. Paragraph (m)(1) is revised by removing the wording ``Poison or Toxic'' and replacing it with `` `Poison' or `Toxic' ''. In paragraph (a)(7), the reference ``Sec. 173.425(b)'' is corrected to read ``Sec. 173.427(a)(6)(vi)''. Footnote 1 of Table 1 is revised to correct a section reference. In paragraph (c)(2), as amended by 63 FR 8142 the last sentence stating ``Each digit in the identification number marking must be displayed in 100 mm (3.9 inches) black Helvetica Medium, Alpine Gothic or Alternate Gothic No. 3 numerals.'' is removed. The size used for the identification number marking is prescribed in Sec. 172.332, depending on whether the identification number is placed on a placard, white square-on-point configuration, or an orange panel. Paragraph (a)(3) is revised to correct a section reference. In paragraph (e)(18)(i), in the table for DOT 8 or 8AL cylinders used to transport acetylene, under ``Porous filler requalification'', the entry ``3 to 30 yrs\2\'' is corrected to read ``3 to 20 yrs\2\'' to correct a printing error. The ``3 to 20 yrs'' interval is correctly shown in the referenced Note 2. Paragraph (a) is amended to correct the title of the referenced document from ``Explosive Test Manual,'' to read ``UN Manual of Tests and Criteria,''. The ``Explosive Test Manual'' was the title of an earlier edition of this document. In paragraph (c), the Table of Packing Methods is revised to correct a printing error. On June 5, 1996, RSPA issued Docket HM-216 that added the DOT 120 tank car specification to Secs. 173.240, 241, 242, 243, 244, and 314 but failed to add the ``120'' specification to Sec. 173.247 (a). This oversight is corrected. A printing error is corrected in the definition of ``LSA--II''. A minor editorial change is made in paragraph (f) for clarity. Paragraph (b)(1) is revised to correct section references.#
Passage 5Section 173.421 defines a limited quantity of Class 7 (radioactive) material as having an activity per package value not exceeding the limits specified in Sec. 173.425. In Table 7 of Sec. 173.425, the limited quantity values are not specifically identified, which leads to confusion. To eliminate this confusion, the column heading ``Materials package limits\1\'' is revised to read ``Limited quantity package limits\1\''. Paragraph (a)(3) is revised to replace reference to obsolete Sec. 173.451 with references to Secs. 173.453, 173.457, 173.459 and 173.467. This change does not impose any new requirement. In paragraph (g), in ``Table 10.--General Values For A1 and A2'', in the first column, the second sentence is amended by adding the wording ``no'' immediately before ``relevant'' to enhance its clarity. Paragraph (a) is revised to remove reference to obsolete, Sec. 173.463 and to include a reference to the design requirements in Sec. 173.412 for clarity. These changes do not impose any new requirement. Also paragraph (b) is revised to remove a reference to obsolete Sec. 173.463. In Sec. 175.700, in paragraph (b), in the first sentence, the reference ``Sec. 175.15'' is corrected to read ``Sec. 171.15''. Paragraph (e)(1) is revised to remove a reference to obsolete Sec. 176.451. In paragraph (f), in ``Table III--Limits for Freight Containers and Conveyances'', the table heading is amended by adding the wording ``TI'' immediately before ``Limits'' to enhance clarity. Paragraph (g), in the second sentence, is corrected by removing a comma between the words ``detonating cord'' and ``Division 1.4''. This change is made to clarify that the detonating cord is classed in Division 1.4. In the first sentence of paragraph (a), the wording ``or storage location'' is revised to read ``or in any single group in any storage location,''. Paragraph (a) currently reads: ``The number of packages of Class 7 (radioactive) materials in any transport vehicle or storage location must be limited so that the total transport index number does not exceed 50''. The revision to paragraph (a) is made to clarify that groups of up to 50 TI are allowed in storage if each group is separated by at least 6 meters (20 feet). This revision is consistent with the wording in current paragraph (b)(2). Paragraph (c) is revised to correct a section reference.#
Passage 6The introductory text preceding paragraph (a) is unnecessary and therefore is removed. The section heading is amended by adding the wording ``motor vehicle'' immediately following the word ``tank'' to enhance clarity. The Table of Sections to Part 179 is amended by revising the heading for Subpart C to read as follows: ``Subpart C--Specifications for Pressure Tank Car Tanks (Classes DOT-105, 109, 112, 114, and 120)''. On June 5, 1996 (61 FR 28666, 28679), RSPA amended Sec. 179.101-1 by adding the DOT 120 specification to the table. However, the title to Subpart C of Part 179 was not changed to reflect addition of the new DOT 120 tank car. Paragraph (a)(2) is updated to reflect a minor name change of an organizational committee within the Association of American Railroads. Paragraph (a) is updated to reflect a minor name change of an organizational committee within the Association of American Railroads. Paragraphs (a) and (b) are updated to reflect a minor name change of an organizational committee within the Association of American Railroads. Paragraph (a) is updated to reflect a minor name change of an organizational committee within the Association of American Railroads, and to reflect that the construction and testing of multi-unit tank car tanks are approved by RSPA. The introductory text, referencing the definitions contained in Secs. 171.8 and 178.345-1, is revised to include a reference to the definitions of cargo tank terms in Sec. 178.320(a). Paragraph (a)(3)(ii) is revised to clarify that a ``data report'' is the cargo tank ``manufacturer's data report'' required by the ASME. Paragraph (c)(3)(ii) is amended to add an explanation of the terms used in the preceding formula. This information was inadvertently omitted. In paragraph (b), in the first sentence, the word ``pressure'' is added immediately after the word ``Converted''. The word pressure was unintentionally removed in a final rule (HM-175 A/201 60 FR 49048; September 21, 1995). A. Executive Order 12866 and DOT Regulatory Policies and Procedures#
Passage 7This 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''). The Federal hazardous material transportation law, (49 U.S.C. 5101-5127) contains express preemption provisions at 49 U.S.C. 5125. RSPA is not aware of any State, local, or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. 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. 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 8A 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, Reporting and recordkeeping requirements. Education, 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 and 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, Railroad safety, Reporting and recordkeeping requirements. In consideration of the foregoing, 49 CFR Chapter I is amended as follows: PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES 1. The authority citation for part 107 continues to read as follows: Authority: 49 U.S.C. 5101-5127, 44701; Sec. 212-213, Pub. L. 104-121, 110 Stat. 857; 49 CFR 1.45, 1.53. 2. In Sec. 107.503, in the first sentence of paragraph (a)(3), the wording ``, except as provided by Sec. 107.502(f) of this part'' is removed. 3. In Sec. 107.606, in paragraph (a)(5), the wording ``1057'' is removed and ``376'' is added in its place. PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 4. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.#
Passage 95. In paragraph (a)(3), in the table of material incorporated by reference, in the entry ``IME Safety Library Publication No. 22 (IME Standard 22), Recommendation for the Safe Transportation of Detonators in a Vehicle with Certain Other Explosive Materials, May 1993'', in the second column, ``173.63,'' is added immediately before ``177.835''. 6. In Sec. 171.8, the following changes are made: a. In the definition for ``Marine pollutant'', in the first sentence, the wording ``a hazardous material'' is removed and the wording ``a material'' is added in its place. b. In the definition for ``Reportable Quantity (RQ)'', the wording ``column 3'' is removed and the wording ``column 2'' is added in its place. 7. In Sec. 171.14, paragraph (c)(1) is revised to read as follows: Sec. 171.14 Transitional provisions for implementing requirements based on the UN Recommendations. * * * * * (c) Non-specification fiber drums. (1) Until September 30, 1997, a non-specification fiber drum with a removable head was authorized for a liquid hazardous material in Packing Group III that is not poisonous by inhalation provided the packaging was authorized for the material under the requirements of Part 172 or Part 173 of this subchapter in effect on September 30, 1991. A filled non-specification drum may be offered for transportation and transported domestically prior to October 1, 1999, if it: (i) Was filled on or prior to September 30, 1997; and (ii) Is not emptied and refilled on or after October 1, 1997. * * * * * PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND TRAINING REQUIREMENTS 8. The authority citation for part 172 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 9. In Sec. 172.101, the following changes are made: a. In paragraph (c)(11) introductory text, at the beginning of the sentence, the reference ``173.51'' is removed and the reference ``173.54'' is added in its place. b. In paragraph (f), in the first sentence, the phrase ``ORD-D'' is removed and the phrase ``ORM-D'' is added in its place. 10. In Sec. 172.101, the Hazardous Material Table is amended by removing, adding, in appropriate alphabetical sequence, and revising, the following entries to read as follows: Sec. 172.101 Purpose and use of hazardous materials table.#
Passage 10Sec. 172.101 Hazardous Materials Table (1) (2)............... (3) (4).............. (5)............ (6)............... (7)........... (8A).......... (8B).......... (8C).......... (9A).......... (9B).......... (10A)......... (10B) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- [REMOVE:] * * * * * * * Diphenylmethane- 4,4' diisocyanate. * * * * * * * [ADD:] * * * * * * * Water-reactive, 4.3 UN3133........... III............ 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40 solid, oxidizing, n.o.s. * * * * * * * [REVISED:] * * * * * * * Water-reactive, 4.3 UN3133........... II............. 4.3, 5.1.......... .............. None.......... 214........... 214........... Forbidden..... Forbidden..... E............. 40 solid, oxidizing, n.o.s.. * * * * * * * ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------#
Passage 1111. In addition, in Sec. 172.101, in the Hazardous Materials Table, the following changes are made: a. The entry ``Anhydrous ammonia'' is amended by removing the word ``,liquefied''. b. The entry ``Compressed gases, flammable, n.o.s.'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. c. The entry ``Compressed gases, n.o.s.'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. d. The entry ``Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone A'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. e. The entry ``Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone B'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. f. The entry ``Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone C'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. g. The entry ``Compressed gases, toxic, flammable, n.o.s. Inhalation hazard Zone D'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. h. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard Zone A'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. i. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard Zone B'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. j. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard Zone C'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. k. The entry ``Compressed gases, toxic, n.o.s. Inhalation Hazard Zone D'' is amended by removing the word ``gases'' and adding the word ``gas'' and placing the entry in alphabetical order. l. The entry ``Dichlorodifluoromethane or Refrigerant gas R 122'' is amended by removing the number ``122'' and adding the number ``12''. m. For the entry ``Methyl isocyanate, 6.1, UN2480'' Column (7) is amended by removing Special Provision ``A7''. n. The entry ``Sodium hydrogendifluoride, solid'' is amended by removing ``solid'' and#
Passage 12adding ``solid'' in its place. o. The entry ``Sodium hydrogendifluoride, liquid'' is amended by removing ``liquid'' and adding ``liquid'' in its place. p. For the entry ``Uranium hexafluoride, fissile excepted or non- fissile, 7, UN2978'', columns 8B and 8C are amended by removing the wording ``420, 425'' and adding the wording ``420, 427''. 12. In Sec. 172.102, in paragraph (c)(1), in Special Provision 114 b., the reference ``US006'' is removed and ``US 1'' is added in its place. 13. In Sec. 172.203, paragraph (m)(1) is amended by removing the wording `` `Poison or Toxic' '' and adding in its place the wording `` `Poison' or `Toxic' ''. 14. In Sec. 172.400a, in paragraph (a)(7), the reference Sec. 173.425(b)'' is revised to read ``Sec. 173.427(a)(6)(vi)''. 15. In Sec. 172.504, in Table 1 as revised at 62 FR 1230 effective October 1, 1998, in footnote 1, the reference Sec. 173.425(b) or (c)'' is removed and ``Sec. 173.427(a)'' is added in its place. PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS 16. The authority citation for part 173 continues to read as follows: Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53. 17. In paragraph (c)(2), the last sentence is removed. 18. In Sec. 173.33, in paragraph (a)(3), the reference ``Sec. 177.824'' is revised to read ``Sec. 180.407 (a)(1)''. 19. In Sec. 173.34, in paragraph (e)(18)(i), in the table, under the column heading ``Porous filler requalification'', under ``Initial'', the entry ``3 to 30 yrs \2\'' is revised to read ``3 to 20 yrs \2\''. 20. In Sec. 173.58, paragraph (a) introductory text is amended by removing ``Explosive Test Manual'' and adding the ``UN Manual of Tests and Criteria'' in its place.#
Passage 1321. In Sec. 173.62 (c), in the Table of Packing Methods, the following changes are made: a. For the entry 114(b), under column 3 ``Intermediate packagings'', the text under ``Not necessary'' is transferred to column 4 ``Outer packagings'' under ``Boxes''. b. For the entry 133, under column 3 ``Intermediate packagings'', the text under ``Receptacles'' is transferred to column 4 ``Outer packagings'' under ``Boxes''. c. For the entry 133, under column 2 ``Inner packagings'', the text under ``Receptacles'' is transferred to column 3 ``Intermediate packagings'' under ``Receptacles''. d. For the entry 137, under column 3 ``Intermediate packagings'', the text under ``Not necessary'' is transferred to column 4 ``Outer Packagings'' under ``Boxes''. 22. In Sec. 173.247, in paragraph (a), the wording ``115 tank car tanks'' is revised to read ``115, or 120 tank car tanks''. 23. In Sec. 173.403, in paragraph (2)(ii), in the definition for ``Low Specific Activity (LSA) material'', remove the wording ``average specific a- activity'' and add ``average specific activity'' in its place. 24. In Sec. 173.416, in paragraph (f), in the last sentence, the wording ``inner packaging if subjected'' is revised to read ``inner packaging if the overpack containing it is subjected''. 25. In Sec. 173.422, in paragraph (b)(1), the wording ``Sections 171.15, 171.16, 174.750, 176.710, and 177.861'' is removed and the wording ``Sections 171.15, 171.16, 174.750 and 176.710'' is added in its place. 26. In Sec. 173.425, in Table 7, in the fourth column, in the heading, the wording ``Materials package limits \1\'' is removed and the wording ``Limited quantity package limits \1\'' is added in its place. 27. In Sec. 173.427, in paragraph (a)(3), the wording Secs. 173.451 and 173.467'' is revised to read ``Secs. 173.453, 173.457, 173.459 and 173.467''. 28. In Sec. 173.433, in paragraph (g), in Table 10, in the first column, the wording ``Alpha emitting nuclides are known to be present or relevant data are available'' is revised to read ``Alpha emitting nuclides are known to be present or no relevant data are available''.#
Passage 1429. In Sec. 173.461, the following changes are made: a. In paragraph (a) introductory text, the wording ``Compliance with the test requirements in Secs. 173.463 through 173.469'' is revised to read ``Compliance with the design requirements in Sec. 173.412 and the test requirements in Secs. 173.465 through 173.469''. b. In paragraph (b), the wording ``Secs. 173.463 through 173.469'' is revised to read ``Secs. 173.465 through 173.469''. 30. The authority citation for part 175 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 31. In Sec. 175.700, in paragraph (b), in the first sentence, the reference ``Sec. 175.15'' is revised to read ``Sec. 171.15 of this subchapter''. 32. The authority citation for part 176 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 33. In Sec. 176.704, the following changes are made: a. In paragraph (e)(1), the wording ``Sec. 173.451 through Sec. 173.459'' is revised to read ``Secs. 173.457 and 173.459''. b. In paragraph (f), in table III, the heading ``Table III--Limits for Freight Containers and Conveyances'' is revised to read ``Table III--TI Limits for Freight Containers and Conveyances''. 34. The authority citation for part 177 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 35. In Sec. 177.835, in paragraph (g) introductory text, in the second sentence, the comma between the words ``detonating cord'' and ``Division 1.4'' is removed. 36. In Sec. 177.842, in paragraph (a), in the first sentence, the wording ``or storage location'' is revised to read ``or in any single group in any storage location''. 37. In paragraph (c), the wording ``see Sec. 177.861'' is removed and the wording ``see Sec. 177.854'' is added in its place. 38. In Sec. 177.854, the introductory text is removed. 39. The authority citation for part 178 continues to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 40. In Sec. 178.338, in the heading, the wording ``motor vehicle'' is added immediately following the word ``tank''. 41. The authority citation for part 179 is revised to read as follows: Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 42. In Sec. 179.2, paragraph (a)(2)is revised to read as follows: Sec. 179.2 Definitions and abbreviations.#
Passage 15(a) * * * (2) Approved means approval by the AAR Tank Car Committee. * * * * * 43. In Sec. 179.3, paragraph (a) is revised to read as follows: Sec. 179.3 Procedure for securing approval. (a) Application for approval of designs, materials and construction, conversion or alteration of tank car tanks under these specifications, complete with detailed prints, must be submitted in prescribed form to the Executive Director--Tank Car Safety, AAR, for consideration by its Tank Car Committee and other appropriate committees. Approval or rejections of applications based on appropriate committee action will be issued by the executive director. * * * * * 44. In Sec. 179.4, the first sentence in paragraph (a) and paragraph (b) are revised to read as follows: Sec. 179.4 Changes in specifications for tank cars. (a) Proposed changes in or additions to specifications for tanks must be submitted to the Executive Director--Tank Car Safety, AAR, for consideration by its Tank Car Committee. * * * (b) The Tank Car Committee will review the proposed specifications at its earliest convenience and report its recommendations through the Executive Director--Tank Car Safety to the Department. The recommendation will be considered by the Department in determining appropriate action. 45. In Sec. 179.5, paragraphs (a) and (b) are revised to read as follows: (a) Before a tank car is placed in service, the party assembling the completed car shall furnish a Certificate of Construction, Form AAR 4-2 to the owner, the Department, and the Executive Director--Tank Car Safety, AAR, certifying that the tank, equipment, and car fully conforms to all requirements of the specification. (b) When cars or tanks are covered in one application and are identical in all details are built in series, one certificate will suffice for each series when submitted to the Executive Director--Tank Car Safety, AAR. One copy of the Certificate of Construction must be furnished to the Department for each car number of consecutively numbered group or groups covered by the original application. * * * * * 46. The heading for Subpart C is revised to read as follows: Subpart C--Specifications for Pressure Tank Car Tanks (Classes DOT- 105, 109, 112, 114, and 120) PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS 47. The authority citation for part 180 continues to read as follows:#
Passage 16Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53. 48. In Sec. 180.403, in the introductory text, the reference ``Secs. 171.8 and 178.345-1'' is revised to read ``Secs. 171.8, 178.320(a) and 178.345-1''. 49. In Sec. 180.417, the first sentence in paragraph (a)(3)(ii) is revised to read as follows: Sec. 180.417 Reporting and record retention requirement. (a) * * * (3) * * * (ii) ASME Code Stamped cargo tanks. If the owner does not have the manufacturer's certificate required by the specification and the manufacturer's data report required by the ASME, the owner may contact the National Board for a copy of the manufacturer's data report, if the cargo tank was registered with the National Board, or copy the information contained on the cargo tank's identification and ASME Code plates. * * * * * * * * 50. In Sec. 180.509, in paragraph (c)(3)(ii) text is added immediately following the formula, to read as follows: Sec. 180.509 Requirements for inspection and test of specification tank cars. * * * * * (c) * * * (3) * * * (ii) * * * i is the inspection and test interval. t1 is the actual thickness. t2 is the allowable minimum thickness under paragraph (g) of this section. r is the corrosion rate per year. * * * * * 51. In Sec. 180.515, in paragraph (b), in the first sentence, the word ``Converted'' is removed and the wording ``Pressure converted'' is added in its place. Issued in Washington, DC, on September 18, 1998, under authority delegated in 49 CFR part 1. Kelley S. Coyner, Administrator. [FR Doc. 98-25616 Filed 9-30-98; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.