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Performance-Oriented Packaging Standards; Final Transitional Provisions

 [Federal Register: September 26, 1996 (Volume 61, Number 188)]
[Rules and Regulations]               
[Page 50615-50629]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 50615]]

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Part IV

Department of Transportation

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Research and Special Programs Administration

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49 CFR Part 171, et al.

Performance-Oriented Packaging Standards; Final Transitional 
Provisions; Final Rule

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 171, 172, 173, 178

[Docket No. HM-181H; Amdt Nos. 171-147, 172-150, 173-255, 178-117]
RIN 2137-AC66

Performance-Oriented Packaging Standards; Final Transitional 
Provisions

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule.

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SUMMARY: RSPA is incorporating into the Hazardous Materials Regulations 
(HMR) a number of changes, based on agency initiative, petitions for 
rulemaking and comments received at public meetings, to the 
classification of certain hazardous materials which are poisonous by 
inhalation and to provisions for the manufacture, use and reuse of 
hazardous materials packagings. These regulatory changes are intended 
to improve safety, reduce compliance costs for offerors and 
transporters of hazardous materials, make the regulations easier to 
use, and correct errors.


DATES: Effective date. The effective date of these amendments is 
January 1, 1997.
    Compliance date. Because the amendments adopted herein generally 
clarify and relax certain provisions scheduled to go into effect on 
October 1, 1996, RSPA is authorizing immediate voluntary compliance. 
However, persons voluntarily complying with these regulations should be 
aware that petitions for reconsideration may be received and, as a 
result of RSPA's evaluation of those petitions, the amendments adopted 
in this final rule could be subject to further revision.
    Incorporation by reference. The incorporation by reference of 
certain publications listed in these amendments has been approved by 
the Director of the Federal Register as of January 1, 1997.


FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-8553, 
Office of Hazardous Materials Standards, or Bill Gramer, telephone 
(202) 366-4545, Office of Hazardous Materials Technology, Research and 
Special Programs Administration, Washington DC, 20590-0001.


SUPPLEMENTARY INFORMATION:


I. Background


    On December 21, 1990, RSPA published a final rule [Docket HM-181; 
55 FR 52402], which comprehensively revised the HMR with respect to 
hazard communication, classification, and packaging requirements based 
on the United Nations (UN) Recommendations on the Transport of 
Dangerous Goods (UN Recommendations). A document responding to 
petitions for reconsideration and containing editorial and substantive 
revisions to the final rule was published on December 20, 1991 [56 FR 
66124]. On October 1, 1992, under Dockets HM-181 and HM-189, RSPA 
issued editorial and technical corrections to the regulations published 
in 1991. On September 24, 1993, RSPA issued a final rule under Docket 
HM-181F [58 FR 50224] which made changes to the HMR based on agency 
initiative and petitions for rulemaking received since the December 20, 
1991 response to petitions for reconsideration. That final rule 
primarily revised requirements with a mandatory compliance date of 
October 1, 1993, as provided in the transitional provisions in 
Sec. 171.14(b)(4).
    RSPA published a notice of proposed rulemaking (NPRM) on June 26, 
1996, under Docket HM-181H [61 FR 33216] to address most remaining 
issues associated with the implementation of Docket HM-181 provisions 
and certain other issues arising from a final rule issued December 29, 
1994, under Docket HM-215A [59 FR 67390]. These issues were raised 
through petitions for rulemaking and agency initiative.
    RSPA proposed changes to numerous requirements with a compliance 
date of October 1, 1996. Although these changes focus primarily on 
provisions concerning hazard classification and the maintenance and use 
of performance packaging, RSPA also proposed changes to intermediate 
bulk container (IBC) requirements, portable tank requirements, and 
regulated medical waste provisions adopted under Dockets HM-181E and 
HM-181G, respectively. Several current exemptions were proposed for 
conversion into regulations of general applicability, and an approval 
concerning design qualification and periodic testing was proposed for 
incorporation into the HMR.


II. Summary of Comments to the NPRM


    RSPA received nearly 40 comments in response to the proposed rule. 
The comments were submitted by chemical manufacturing companies, trade 
associations, packaging manufacturers, drum reconditioners, and various 
organizations representing the medical waste industry. Commenters were 
uniformly supportive of RSPA's efforts to address remaining issues 
associated with Docket HM-181 and other issues arising from the Docket 
HM-215A final rule. Certain issues proposed in the notice received 
little or no comment. Other issues, such as drum reuse provisions, 
display packs for ORM-D materials, an exception proposed for certain 
Division 6.2 waste materials, and winter filling limits for tank cars, 
were the focus of many of the comments. Several commenters requested 
amendments to the HMR other than those proposed as part of this 
initiative. Most of these suggestions are beyond the scope of the 
proposed changes in this rule and are under review.
    The Hazardous Materials Advisory Council (HMAC) expressed concern 
that the proposed rule frequently cited a petition for rulemaking [P-
1169] without proposing adoption or discussing other provisions 
identified by HMAC in their April 13, 1993 petition. HMAC also claimed 
that another petition [P-1232], addressing outage requirements for 
materials poisonous by inhalation, merited consideration because it 
appeared to be within the scope of the Docket HM-181H rulemaking.
    Petition P-1169 contained 25 separate issues that HMAC submitted to 
RSPA for consideration to amend the HMR. Of the 25 issues identified in 
that petition, RSPA has adopted a majority, including seven issues in 
this rulemaking. The few remaining issues will appear in upcoming 
proposed rulemaking actions (such as HM-215B) or are presently under 
review.
    Under Docket HM-181, RSPA adopted a five percent outage requirement 
for poisonous by inhalation hazard materials in bulk packagings. 
Chemical manufacturers and associations, such as HMAC, opposed this 
requirement, claiming that any safety benefit is offset by additional 
shipments and resultant costs. RSPA believes a change in outage 
requirements is beyond the scope of this rulemaking.


III. Summary of Regulatory Changes by Section


    Listed below is a section-by-section summary of changes and, as 
applicable, a discussion of comments received.


Part 171


    Section 171.7. The table of material incorporated by reference is 
amended by adding a new entry referencing a publication issued by the 
Department of Health and Human Services for defining biosafety levels 
and adding two new ASTM steel standards referenced in Sec. 178.601.
    Section 171.14. All transitional provisions reflecting a compliance 
date of October 1, 1996, or earlier are


[[Page 50617]]


removed. One commenter representing the agricultural chemical industry 
asked RSPA to establish a five-year delayed compliance date for 
products in DOT specification and non-specification packagings filled 
before October 1, 1996. The commenter described a lengthy process for 
agricultural chemicals moving through a distribution chain to end users 
and then frequent product returns several years after the original 
sale. According to the commenter, an additional five-year compliance 
period would provide sufficient time for the industry to eliminate any 
non- specification and DOT-specification packagings which would not 
otherwise be authorized after October 1, 1996.
    RSPA provided a five-year transition period from October 1, 1991 to 
October 1, 1996 for users of these packagings to deplete inventory and 
phase in UN performance packagings. RSPA believes this five-year 
transition period has afforded industry sufficient time to prepare for 
the October 1, 1996 compliance date. However, RSPA recognizes that an 
extensive distribution process that includes procedures for return of 
products to distributors warrants limited relief to allow the 
transportation of materials in previously authorized and filled 
packages to end users or for their return, repackaging, or disposal. 
>From an overall transportation safety perspective, it is RSPA's view 
that it is safer to allow one final shipment of these previously 
authorized and filled packagings than to compel the transfer of 
materials, such as pesticides, into packagings required by the HMR as 
of October 1, 1996.
    Therefore, RSPA is adding a provision to authorize non-bulk 
packagings, other than cylinders, which were filled prior to October 1, 
1996 in conformance with regulations in effect on September 30, 1996, 
to be offered for transportation and transported domestically until 
October 1, 1999. RSPA believes a three-year delay in compliance affords 
sufficient time for these packagings to be eliminated from a 
distribution system. It is emphasized that this provision does not 
authorize the filling of packagings, only offering and transportation 
of packagings filled prior to October 1, 1996.
    In addition, three other transition provisions are retained for 
packages filled prior to October 1, 1991, new placard specifications, 
and authorization for use of fiber drums.


Part 172


    Section 172.101. The text preceding the Sec. 172.101 Hazardous 
Materials Table (HMT) sets forth procedures for using the HMT. To 
clarify procedures contained in paragraph (c)(12)(iii) for selecting a 
proper shipping name for a material that meets the definition of more 
than one hazard class, RSPA proposed to replace the phrase ``identified 

[[Page 50618]]


Division 6.1, Packing Group I. Therefore, RSPA is adding special 
provision ``5'' to Column 7 of the entry for metal carbonyls, n.o.s. at 
the Packing Group I level.
    c. Methanesulfonyl chloride (UN3246). As proposed, RSPA is 
identifying methanesulfonyl chloride as a Hazard Zone B inhalation 
hazard. A new special provision ``25'' is assigned to this entry to 
authorize a one-year delay for compliance with new packaging 
requirements.
    d. Methyl vinyl ketone (UN1251). As proposed, RSPA is identifying 
methyl vinyl ketone as a Hazard Zone A inhalation hazard. Also, to be 
consistent with the UN Recommendations (Eighth revised edition), RSPA 
is adding the plus (+) symbol to Column 1 of the entry for methyl vinyl 
ketone. A new special provision ``25'' is assigned to this entry to 
authorize a one-year delay for compliance with new packaging 
requirements.
    e. Nitriles, toxic, flammable, n.o.s. (UN3275). This generic entry 
covers Division 6.1, Packing Groups I and II toxic, flammable nitriles 
that are not specifically listed by name but exhibit acute oral, dermal 
and/or inhalation toxicity. The acute toxicity of these nitriles may 
differ from one compound to another. Those toxic by inhalation may fall 
into Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by 
inhalation, but may exhibit oral and/or dermal toxicity which places 
them in Division 6.1, Packing Group I. Therefore, RSPA is adding 
special provision ``5'' to Column 7 of the entry for nitriles, toxic, 
flammable, n.o.s. at the Packing Group I level.
    f. Nitriles, toxic, n.o.s. (UN3276). This generic entry covers 
Division 6.1, Packing Groups I, II and III toxic nitriles that are not 
specifically listed by name but exhibit acute oral, dermal and/or 
inhalation toxicity. The acute toxicity of these nitriles may differ 
from one compound to another. Those toxic by inhalation may fall into 
Hazard Zone A or Hazard Zone B. Other nitriles may not be toxic by 
inhalation, but may exhibit oral and/or dermal toxicity which places 
them in Division 6.1, Packing Group I. Therefore, RSPA is adding 
special provision ``5'' to Column 7 of the entry for nitriles, toxic, 
n.o.s. at the Packing Group I level.
    g. Organoarsenic compound, n.o.s. (UN3280). This generic entry 
covers Division 6.1, Packing Groups I, II and III toxic organoarsenic 
compounds that are not specifically listed by name but exhibit acute 
oral, dermal and/or inhalation toxicity. The acute toxicity of these 
organoarsenic compounds may differ from one compound to another. Those 
toxic by inhalation may fall into Hazard Zone A or Hazard Zone B. 
Others may not be toxic by inhalation, but may exhibit oral and/or 
dermal toxicity which places them in Division 6.1, Packing Group I. 
Therefore, RSPA is adding special provision ``5'' to Column 7 of the 
entry for organoarsenic compound, n.o.s. at the Packing Group I level.
    h. Organophosphorus compound, toxic, flammable, n.o.s. (UN3279). 
This generic entry covers Division 6.1, Packing Groups I and II toxic, 
flammable organophosphorus compounds that are not specifically listed 
by name but may exhibit acute oral, dermal and/or inhalation toxicity. 
The acute toxicity of these organophosphorus compounds may differ from 
one compound to another. Those toxic by inhalation may fall into Hazard 
Zone A or Hazard Zone B. Others may not be toxic by inhalation, but may 
exhibit oral and/or dermal toxicity which places them in Division 6.1, 
Packing Group I. Therefore, RSPA is adding special provision ``5'' to 
Column 7 of the entry for organophosphorus compound, toxic, flammable, 
n.o.s. at the Packing Group I level.
    i. Organophosphorus compound, toxic, n.o.s. (UN3278). This generic 
entry covers Division 6.1, Packing Groups I, II and III toxic 
organophosphorus compounds that are not listed by name but exhibit 
acute oral, dermal and/or inhalation toxicity. The acute toxicity of 
these organophosphorus compounds may differ from one compound to 
another. Those toxic by inhalation may fall into Hazard Zone A or 
Hazard Zone B. Others may not be toxic by inhalation, but may exhibit 
oral and/or dermal toxicity which places them in Packing Group I. 
Therefore, RSPA is adding special provision ``5'' to Column 7 of this 
entry for organophosphorus compound, toxic, n.o.s. at the Packing Group 
I level.
    j. Phosphorus pentafluoride (UN2198). As proposed, RSPA is 
identifying phosphorus pentafluoride as a Hazard Zone B inhalation 
hazard.
    k. Tungsten hexafluoride (UN2196). As proposed, RSPA is identifying 
tungsten hexafluoride as a Hazard Zone B inhalation hazard.
    Section 172.102. As noted in the discussion on revisions for 
materials poisonous by inhalation, RSPA is authorizing a one-year delay 
for compliance with new packaging requirements by assigning a new 
special provision ``25'' to three commodities.
    Special Provision B59, which authorizes AAR 207A tank cars for 
phosphorus pentasulfide, is revised as proposed to reference the use of 
water-tight, sift-proof, closed-top, metal-covered hopper cars.
    A new special provision (N42) is added as proposed to authorize a 
UN 1A1 steel drum for stabilized benzyl chloride. One comment was 
received in response to this proposal and strongly supported the 
addition of N42, which allows use of phenolic-lined steel drums with a 
minimum thickness of 1.3 mm (0.050 inch) which have been tested and 
certified to a Packing Group I level at a specific gravity of 1.8. The 
commenter cited a history of shipping benzyl chloride in phenolic-lined 
17C and UN 1A1 steel drums since 1981 without incident and without 
failure of the phenolic lining.
    Section 172.302. In the general marking requirements for bulk 
packagings, markings on portable tanks with capacities of less than 
3,785 L (1,000 gallons) must be at least 6.0 mm (0.24 inch) wide and at 
least 25 mm (one inch) high. RSPA proposed a revision of paragraph 
(b)(2) to decrease to 4 mm (0.16 inch) the minimum width of markings 
required on portable tanks having a capacity less than 3,785 L (1,000 
gallons). RSPA also proposed reducing both the minimum height and width 
of markings required on IBCs to 25 mm (one inch). Commenters were 
uniformly supportive of both proposals, and they are adopted as 
proposed. RSPA is not adopting one commenter's recommendation to amend 
Appendix B to Subpart B of Part 107 to allow a marking height of one 
inch for certain small portable tanks authorized under an exemption.
    Section 172.504. RSPA is removing the second sentence of paragraph 
(f)(8) which allows a CLASS 9 placard to be substituted for a 
COMBUSTIBLE LIQUID placard for material meeting both Combustible liquid 
and Class 9 hazard classes. Several commenters agreed that this 
provision created potential confusion and misunderstanding between 
documentation and marking requirements describing a Combustible liquid 
and the application of CLASS 9 placards.


Part 173


    Section 173.24a. RSPA proposed to amend paragraph (a)(3) to clarify 
that cushioning material used to protect inner packagings must not be 
adversely affected (e.g., disintegrate) if there is leakage of a 
hazardous material from the inner packagings. A degradation of 
cushioning materials could significantly reduce the effectiveness of a 
packaging to a point that it would not conform with its marked 
performance standard


[[Page 50619]]


or meet general packaging requirements. This clarification is 
consistent with international air transport provisions contained in the 
International Civil Aviation Organization's (ICAO) Technical 
Instructions. Commenters supported this proposed revision; however, the 
Fibre Box Association expressed concern that the proposal might be 
interpreted to mean corrugated cushioning and corrugated packaging of 
liquids will not be allowed. The Fibre Box Association stated that the 
phrase ``having protective properties [significantly] impaired in event 
of leakage'' is too vague.
    The proposed change was not intended to preclude the use of 
fiberboard cushioning or packaging for liquids. Although there is no 
established criteria for evaluating degradation of cushioning material, 
RSPA agrees that the phrase ``significantly impaired'' should be 
revised. RSPA believes ``significantly weakened'' more accurately 
conveys the intent of this provision and is revising this phrase 
accordingly.
    Currently, paragraphs (b)(1) and (b)(2) provide filling limits for 
single and composite packagings, but no such limits are provided for 
combination packagings. As proposed, RSPA is revising paragraph (b)(2) 
of this section to prescribe filling limits for all non-bulk 
packagings, including combination packagings. This provision prohibits 
combination packagings from being filled with a hazardous material to a 
gross mass greater than the maximum gross mass marked on the packaging.
    Section 173.28. RSPA proposed adding a formula in paragraph (b)(4) 
for calculating an equivalent minimum thickness for stainless steel 
drums. This formula is consistent with the formula contained in 
Sec. 178.705 for calculating minimum wall thicknesses for metal IBCs. 
The Association of Container Reconditioners (ACR) opposed this proposed 
change and stated that this issue is too complex for adoption at this 
time. ACR believes that by reducing the minimum thickness of stainless 
steel to the equivalent strength of carbon steel, the rationale for 
waiving leakproofness testing for stronger steel is eliminated. ACR 
requested that, if this proposal is adopted, a drum manufacturer's use 
of this equivalence formula be communicated through a particular unique 
mark, thus advising persons responsible for reuse or reconditioning of 
this equivalence formula being used.
    RSPA is confident that the equivalence formula adopted in this 
final rule provides an equivalent level of safety and drum integrity. 
The language in the paragraph (b)(7) leakproofness testing waiver for 
stainless steel drums requires a thickness of one and one-half times 
the thickness prescribed for reuse, thus precluding use of any thinner 
drums.
    An adjustment to Footnote 1, which specifies a minimum thickness of 
0.82 mm body and 1.11 mm head and corresponds with ISO 3574, is adopted 
as proposed. Commenters supporting this proposed change included ACR, 
several chemical manufacturing companies, the Association of Waste 
Hazardous Materials Transporters, and a drum manufacturer. Two 
commenters, a different drum manufacturer and the Steel Shipping 
Container Institute (SSCI), opposed this proposal, stating that this 
request from ACR was driven by economic considerations, not safety. 
SSCI claimed that technology for determining minimum thicknesses is 
readily available. The drum manufacturer opposing this change stated 
that if the footnote adjustment was adopted as proposed, RSPA should 
provide a transition period for drum manufacturers to deplete their 
inventory of material rendered obsolete by this change.
    RSPA is making this adjustment to Footnote 1 to standardize minimum 
thickness requirements with breakpoints commonly recognized by 
international standards, not to provide any economic benefit to 
industry. RSPA also is revising Footnote 1 to authorize metal drums or 
jerricans constructed with a minimum thickness of 0.82 mm body and 1.09 
mm heads until December 31, 1996. After that date, drums must be 
constructed with heads meeting a minimum thickness of 1.11 mm. This 
delay will provide drum manufacturers additional time to deplete 
existing inventory and build an inventory of new material.
    Paragraph (b)(7)(iv)(C) is revised as proposed to clarify that 
there are established conditions which must be met before an approval 
is granted by the Associate Administrator for Hazardous Materials 
Safety to allow relief from leakproofness testing for a packaging 
constructed of a material or thickness not otherwise authorized in the 
exception.
    Paragraph (c)(2) prescribes reconditioning requirements for nonbulk 
packagings other than metal drums. In the NPRM, RSPA proposed a 
revision to this paragraph to clarify that repairing or replacing a 
bung or removable gasket in a plastic closed head (UN 1H1) drum is not 
considered reconditioning. Both SSCI and ACR opposed this proposed 
change, stating that replacing gaskets or closures on a plastic drum is 
plastic drum reconditioning. SSCI claimed that a change in the material 
of a drum is reconditioning or remanufacturing, and that changing 
location, type or size of gasket material or properties affecting the 
performance of the gasket is considered design type changes requiring 
complete design qualification testing. The SSCI also warned that this 
proposal downplays the significance of gaskets in minimizing leaks and 
will shift drum purchases from steel to plastic drums to save costs in 
reconditioning and leaktesting. In RSPA's view, simply ``replacing'' a 
bung or gasket in a plastic closed head drum is not reconditioning. In 
this final rule, RSPA is clarifying in paragraph (c)(2) that repair or 
replacement of a bung or a removable gasket in a plastic closed head 
(UN 1H1) drum with a bung or gasket that is of the same design and 
material as the original bung or gasket, and provides equivalent 
performance, is not considered reconditioning and does not subject the 
drum to reconditioning marking requirements or to leakproofness testing 
requirements if it is otherwise excepted from leakproofness testing.
    Section 173.32. As proposed, RSPA is reinstating pressure testing 
requirements for DOT 57 portable tanks in paragraph (e)(2)(i). RSPA 
also is amending paragraph (d) to allow plastic discharge valves for 
certain stainless steel DOT 57 tanks constructed before October 1, 
1996. Allowing a plastic discharge valve on these tanks eliminates the 
need for an existing exemption, DOT-E-10916, and permits continued use 
of thousands of portable tanks with a proven safety record. Two 
comments were received in response to the proposal, both supporting 
revisions to this section.
    RSPA is adding a new paragraph (t) which allows the remarking of 
certain portable tanks currently authorized under DOT exemptions as DOT 
51 portable tanks. These portable tanks were in full conformance with 
the requirements for DOT 51 portable tanks, including the ASME Code 
``U'' stamp, except for the location of fill and discharge outlets.
    The changes adopted in this final rule relating to the location of 
outlets on DOT 51 portable tanks will allow for the elimination of 
numerous exemptions based on the design and excellent safety record of 
these portable tanks. RSPA believes that as a minimum, the following 
exemptions will be affected:


DOT-E 6518
DOT-E 8196
DOT-E 9401
DOT-E 9402


[[Page 50620]]


DOT-E 9632
DOT-E 9718
DOT-E 10032
DOT-E 10171
DOT-E 10193
DOT-E 10291
DOT-E 10567
DOT-E 11239
DOT-E 11275
DOT-E 11313
DOT-E 11331
DOT-E 11539
DOT-E 11589
DOT-E 11604
DOT-E 11658
DOT-E 11661


    Persons holding other exemptions which they believe are impacted by 
changes adopted by this final rule should contact RSPA.
    Section 173.115. Paragraph (b)(1) is revised as proposed to reflect 
the correct conversion of 280 kPa to read ``280 kPa (40.6 psia)'' for 
informational purposes.
    Section 173.120 and Appendix H to Part 173. Based on requests from 
industry and comments supporting this proposed revision, RSPA is adding 
a new paragraph (b)(3) to specify a procedure for testing combustible 
liquids with a flash point above 60.5 deg. C (141 deg. F) and below 
93 deg.C (200 deg. F) for the ability to sustain combustion. Appendix H 
to Part 173 is revised to provide additional test temperatures in 
paragraph 5.(h) for combustible liquids that closely parallel the 
approach for flammable liquids.
    Sections 173.121, 173.125, and 173.127. As proposed, RSPA is 
adopting a clarification of the methods for determining packing groups 
described in Secs. 173.121(a), 173.125(a), and 173.127(b) for Class 3, 
Class 4, and Class 5 materials, respectively.
    Section 173.133. RSPA is revising as proposed the wording ``more 
than one packing group and hazard zone'' in paragraph (b)(1) to read 
``more than one packing group or hazard zone''. One commenter expressed 
support for the proposed change, stating that it will clarify the 
determination of applicable packing groups.
    Section 173.134. Paragraph (a)(4) limits the definition of 
regulated medical waste to exclude discarded cultures and stocks of 
infectious substances. In this final rule, paragraph (b) is revised as 
proposed by adding a new paragraph (b)(4) authorizing discarded 
cultures and stocks in Biosafety Levels 1, 2 and 3, as defined in HHS 
Publication No. (CDC) 93-8395, Biosafety in Microbiological and 
Biomedical Laboratories, 3rd Edition, May 1993, Section II to be 
described and packaged as regulated medical waste rather than 
infectious substances. Packagings must conform to Packing Group II 
performance requirements. Transport of these materials is limited to 
private or contract motor freight carriers in dedicated service to the 
transportation of medical waste. Commenters uniformly supported this 
proposed change. One commenter referenced a recent Center for Disease 
Control proposed list of infectious substances capable of causing 
substantial harm to human health. This commenter believed all discarded 
cultures and stocks of infectious substances not on this proposed list 
should be eligible for regulation as regulated medical waste. Another 
commenter believed RSPA should provide even more relief for these 
materials by allowing them to be packaged in OSHA-authorized containers 
conforming to DOT's general packaging standards, and also should allow 
private carriers transporting these types of cultures and stocks to 
backhaul non-food products if trailers are properly disinfected. It is 
RSPA's view that these suggested changes are beyond the scope of this 
rulemaking.
    Section 173.151. A new paragraph (d) is added as proposed to 
incorporate limited quantity provisions for Division 4.3 (dangerous 
when wet) solid materials in Packing Groups II and III. This amendment 
aligns the HMR with limited quantity exceptions contained in the UN 
Recommendations.
    Section 173.156. Paragraph (b)(2) is revised as proposed to remove 
the 30 kg (66 pounds) weight restriction for ORM-D materials packaged 
in ``display packs'' which are offered for transportation, or 
transported, by highway or rail between a manufacturer, a distribution 
center, and a retail outlet. These display packs are inner receptacles 
of ORM-D materials which are secured in corrugated fiberboard trays and 
then stacked and placed within a strong outer container. Each outer 
container is strapped to a wooden pallet with steel or polyester 
strapping to form an integral part of the packaging. All commenters 
addressing this issue supported the proposal; however, several 
commenters requested that the net weight of each display pack be raised 
from 250 kg (550 pounds) to 525 kg (1155 pounds) to reflect the weight 
limit authorized in an exemption recently granted for this type of 
packaging. RSPA believes that display packs should be limited to 250 kg 
(550 pounds) net weight until satisfactory experience is gained under 
the exemption at the higher weight.
    RSPA proposed an exception for transportation of ORM-D materials to 
disposal facilities in paragraph (b)(1) to allow discarded consumer 
commodities to be transported from manufacturing, distribution or 
retail facilities to a disposal facility when packaged in large boxes 
or overpacks exceeding 30 kg (66 pounds). RSPA received comments 
supporting this proposal from The Conference on the Safe Transportation 
of Hazardous Articles (petitioner for this change) and the National 
Wholesale Druggists' Association. The Association of Waste Hazardous 
Materials Transporters opposed the proposal, stating it has the 
potential for abuse. This commenter believed the proposal was not in 
the public interest and will create confusion about the regulatory 
status of discarded material, which may be subject to regulation as 
either a solid waste or hazardous waste.
    RSPA does not agree. However, based on further review of this 
proposal, RSPA is revising the proposed provision to require that the 
transportation of discarded consumer commodities to a disposal facility 
must be from a single point of origin. RSPA believes that limiting the 
consolidation of discarded consumer commodities in one shipping unit 
from one offeror establishes an appropriate condition for such 
transportation, taking into account other requirements such as 
Secs. 173.24 and 173.24a.
    Section 173.158. Paragraph (d) is revised as proposed to authorize 
additional packagings for nitric acid in concentrations of 90 percent 
or greater when offered for transportation or transported by rail, 
highway or water. A combination packaging consisting of a 1A2, 1B2, 1D, 
1G, 1H2, 3H2 or 4G outer packaging with inner glass packagings of 2.5 L 
(0.66 gallons) or less capacity cushioned with a non-reactive, 
absorbent material and packed within a leak-tight packaging of metal or 
plastic is authorized.
    In addition, RSPA is revising paragraph (f)(1) as proposed to 
authorize 6HH1 and 6HA1 composite packagings with PFA Teflon inner 
receptacles for nitric acid concentrations of 70 percent or less. These 
composite packagings are authorized under the provisions of three 
exemptions and have demonstrated an equivalent level of safety.
    Section 173.170. RSPA is adding a new non-bulk packaging section 
for black powder for small arms when transported domestically and 
reclassed as Division 4.1. For consistency with comparable provisions 
for smokeless powder for small arms, RSPA is revising approval 
procedures as proposed in the NPRM by requiring that black powder must 
be examined and approved for Division 4.1 classification and the


[[Page 50621]]


complete package must be of the same type as that approved under 
Sec. 173.56.
    Section 173.183. As proposed, RSPA is adding a packaging 
authorization to allow the use of polypropylene inner packagings for 
nitrocellulose base film.
    Section 173.225. Paragraph (a) is amended as proposed to specify 
that inner plastic packagings of a combination packaging used for 
transporting organic peroxides must be constructed of new resin. The 
one commenter responding to this proposal, the Organic Peroxide 
Producers Safety Division of the Society of the Plastics Industry, 
petitioned for the change. RSPA agrees with the commenter that most 
regulated organic peroxides are too sensitive to contamination to be 
stored in packages manufactured from ``resin of unknown history.''
    Section 173.306. Paragraph (i)(1) is removed as proposed and 
paragraphs (i)(2) through (i)(4) are redesignated accordingly as 
paragraphs (i)(1) through (i)(3). In addition, RSPA is revising the 
introductory text of paragraph (i) to clarify that flammability of 
aerosols is based on obtaining a positive test result from any of the 
three methods contained in this paragraph. This approach is consistent 
with the ICAO Technical Instructions.
    Section 173.314. RSPA is adopting a seasonal filling limit for tank 
cars containing anhydrous ammonia and liquefied petroleum gas based on 
winter filling reference temperatures of 29 deg.C (85 deg.F), 32 deg.C 
(90 deg.F), and 38 deg.C (100 deg.F), for insulated tanks, thermallyprotected 
and jacketed tanks, and noninsulated tanks, respectively. 
These filling limits would authorize a winter filling limit greater 
than that authorized in the HM-181 final rule. RSPA believes that these 
filling limits will ensure safety in transit while providing economic 
relief from the requirements adopted in the HM-181 final rule. 
Commenters uniformly supported this proposed change. The National 
Industrial Transportation League stated this change strikes an 
appropriate balance between safety and efficiency by avoiding the 
necessity for increasing the number of tank car shipments (and 
corresponding risk of spills) in winter months to achieve the same 
overall volume. The National Propane Gas Association also supported 
this proposal for tank cars and indicated its intent to submit a 
proposal to RSPA later this year for adoption of seasonal filling 
limits for cargo tanks.


Part 178


    Sections 178.245 and 178.245-1. RSPA is making several editorial 
changes for clarity and one significant change to allow DOT 
Specification 51 portable tanks to have openings at locations other 
than the top or one end of the tank under certain circumstances. 
Commenters supported the proposal to allow bottom outlets on tank 
containers, citing safety and economic benefits.
    Section 178.245-4. As proposed, RSPA is adding a new paragraph (e) 
to require that a DOT 51 portable tank in an ISO framework for 
containerized transportation must meet the requirements specified in 49 
CFR Parts 450-453.
    Section 178.245-6. The first sentence of paragraph (a) is amended 
as proposed to require the nameplate to be in close proximity to the 
ASME plate.
    Section 178.270-12. RSPA is amending paragraph (a) as proposed to 
notify manufacturers, owners and approval agencies of the requirements 
for the number and type of closures required for filling and discharge 
connections located below the normal liquid level of IM portable tanks.
    Section 178.601. Paragraph (g)(8) is added to list changes in one 
or more design elements which would constitute a different drum design 
type. Commenters supported the addition of this paragraph, but 
recommended revisions to be consistent with an approval issued to SSCI. 
RSPA agrees and is revising these provisions accordingly.
    Section 178.705. As proposed, a correction is made to the constant 
in the equivalence thickness formula for U.S. Standard Units in 
paragraph (c)(1)(iv)(B) to ensure that the resulting thickness is in 
inches.
    Paragraph (c)(2) of this section specifies pressure relief devices 
for metal IBCs. RSPA proposed adding a new sentence in paragraph 
(c)(2)(ii) to clarify that the specified start-to-discharge pressure 
requirements do not apply to fusible links unless these links are the 
sole source of pressure relief for the IBC. RSPA's proposal did not 
change any existing UN requirements, but simply clarified that the 
start-to discharge pressure requirements in 178.705(c)(2)(ii) did not 
apply to fusible devices if such devices are used in addition to other 
venting devices. If fusible devices are the sole means for providing 
venting relief capacity, an IBC marked ``31A'' must not exceed 65 kPa 
(9 psig) at the fusible device operating temperature.
    Several commenters requested that RSPA not adopt this amendment as 
proposed. It appears commenters are requesting an exception from startto
-discharge pressure requirements when fusible devices are the sole 
means of pressure relief capacity. This exception would not be 
consistent with pressure relief requirements for IBCs in the UN 
Recommendations. The UN Recommendations specify pressure relief 
capabilities for an IBC regardless of the type of pressure relief 
device utilized. To maintain international consistency, such an 
exception should first be proposed and adopted in the UN 
Recommendations.
    RSPA is adopting this amendment in paragraph (c)(2)(ii) essentially 
as proposed, but is replacing the phrase ``fusible links'' with 
``fusible devices'' to more accurately describe these devices. This 
revision is based on a comment by the Rigid Intermediate Bulk Container 
Association.


IV. Rulemaking Analyses and Notices


A. Executive Order 12866 and DOT Regulatory Policies and Procedures


    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and therefore, was not 
reviewed by the Office of Management and Budget. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034].
    The economic impact of this final rule is expected to result in 
only minimal costs to certain persons subject to the HMR and may result 
in modest cost savings to a small number of persons subject to the HMR 
and to the agency. Because of the minimal economic impact of this rule, 
preparation of a regulatory impact analysis or a regulatory evaluation 
is not warranted.


B. Executive Order 12612


    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612 (``Federalism''). 
Federal law expressly preempts State, local, and Indian tribe 
requirements applicable to the transportation of hazardous material 
that cover certain subjects and are not substantively the same as 
Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
pertaining to hazardous material, and requirements respecting the 
number, content, and placement of such documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacturing, fabrication, marking, maintenance,


[[Page 50622]]


reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This final rule preempts State, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' (see 49 CFR 107.202(d) as the Federal 
requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of the final rule and not later than two 
years after the date of issuance. RSPA has determined that the 
effective date of Federal preemption for these requirements will be 
January 1, 1997. Thus, RSPA lacks discretion in this area, and 
preparation of a federalism assessment is not warranted.


C. Regulatory Flexibility Act


    This final rule responds to petitions for rulemaking. It is 
intended to provide clarification of the regulations and relax certain 
requirements. Therefore, I certify that this final rule will not have a 
significant economic impact on a substantial number of small entities.


D. Paperwork Reduction Act


    There are no new information collection requirements in this final 
rule.


E. 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 171


    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.


49 CFR Part 172


    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.


49 CFR Part 173


    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.


49 CFR Part 178


    Hazardous materials transportation, Motor vehicle safety, Packaging 
and containers, Reporting and recordkeeping requirements.


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


PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS


    

  1.  The authority citation for Part 171 continues to read as 
follows:



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


    2. In the Sec. 171.7(a)(3) Table, three new entries are added in 
alphabetical order to read as follows:



Sec. 171.7  Reference material.


    (a) Matter incorporated by reference * * *
    (3) Table of material incorporated by reference. * * *

-----------------------------------------------------------------------

                                                                49 CFR  


                Source and name of material                   reference 
-----------------------------------------------------------------------

                                                                        




                 Health and Human Services                              
    Centers for Disease Control and Prevention, 1600                    


     Clifton Road N.E., Atlanta GA 30333...................             

    Also available from: Superintendent of Documents,                   


     Government Printing Office (GPO), HHS Publication No.              

     (CDC) 93-8395, Biosafety in Microbiological and                    
     Biomedical Laboratories, 3rd Edition, May 1993,                    


     Section II............................................      173.134

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


[[Page 50623]]


    (iv) Is not emptied and refilled on or after October 1, 1991.
    (2) Non-bulk packages filled prior to October 1, 1996. 
Notwithstanding the packaging provisions of subpart B of Part 172 and 
the packaging provisions of part 173 of this subchapter with respect to 
UN standard packagings, a non-bulk package other than a cylinder may be 
offered for transportation and transported domestically prior to 
October 1, 1999, if it--
    (i) Conforms to the requirements of this subchapter in effect on 
September 30, 1996;
    (ii) Was filled with a hazardous material prior to October 1, 1996; 
and
    (iii) Is not emptied and refilled on or after October 1, 1996.

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


    4. The authority citation for Part 172 continues to read as 
follows:


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


    5. In Sec. 172.101, a new paragraph (c)(10)(iii) is added to read 
as follows:



Sec. 172.101  Purpose and use of hazardous materials table.


Sec. 172.101  [Amended]


    6. In addition, in Sec. 172.101, in paragraph (c)(12), the 
following changes are made:
    a. In paragraph (c)(12)(ii), in the last sentence, the wording 
``technical name of the constituent'' is revised to read ``technical 
name of one or more constituents''.
    b. In paragraph (c)(12)(iii), in the first sentence, the wording 
``by a specific description,'' is revised to read ``specifically by 
name (e.g., acetyl chloride),''.
    7. In Sec. 172.101, the Hazardous Materials Table, as amended at 61 
FR 18932 and 61 FR 27172 effective October 1, 1996, is amended by 
adding in alphabetical order or revising the following entries to read 
as follows:



Sec. 172.101  Purpose and use of hazardous materials table.



                                                                            Sec.  172.101  Hazardous Materials Table                                                                            
                                                                                                                                                                                                
                 Hazardous                                                                              (8)  Packaging (Sec.  173.***)      (9)  Quantity  limitations      (10) Vessel  stowage
                 materials       Hazard                                                              -------------------------------------------------------------------------------------------
  Symbols    descriptions and   class or    Identification      PG     Label codes       Special                                                                                                
              proper shipping   Division         Nos.                                  provisions     Exceptions   Non-bulk     Bulk        Passenger      Cargo aircraft   location     Other  
                   names                                                                                                                  aircraft/rail         only                            
(1)          (2).............        (3)   (4)                    (5)  (6)........  (7).............  (8A)......       (8B)  (8C)......  (9A)...........  (9B)...........      (10A)       (10B)


-----------------------------------------------------------------------
-----------------------------------------------------------------------

             [ADD:]                                                                                                                                                                             


D            Black powder for        4.1   NA0027                   I  4.1........  70..............  None......        170  None......  Forbidden......  Forbidden......          E            

              small arms.                                                                                                                                                                       
                           *                   *                   *                   *                   *                   *                   *                                            
             [REVISE:]                                                                                                                                                                          


             Hydrogen                6.1   UN3294                   I  6.1, 3.....  2,25,B9,          None......        227  244.......  Forbidden......  Forbidden......          D          40

              cyanide,                                                               B14,B32, B74,                                                                                              
              solution in                                                            T38, T43,T45.                                                                                              
              alcohol with                                                                                                                                                                      
              not more than                                                                                                                                                                     
              45 percent                                                                                                                                                                        
              hydrogen                                                                                                                                                                          
              cyanide.                                                                                                                                                                          
                                                                                                                                                                                                
                                                                                                                                                                                                
                           *                   *                   *                   *                   *                   *                   *                                            


             Methanesulfonyl         6.1   UN3246                   I  6.1, 8.....  2,25, B9,         None......        227  244.......  Forbidden......  Forbidden......          D          40

              chloride.                                                              B14,B32, B74,                                                                                              
                                                                                     T38, T43, T45.                                                                                             
                           *                   *                   *                   *                   *                   *                   *                                            


+            Methyl vinyl              3   UN1251                  II  3, 6.1.....  1,25,B9,          None......        226  244.......  Forbidden......  Forbidden......          B          40

              ketone.                                                                B14,B30,                                                                                                   
                                                                                     B72,T38, T43,                                                                                              
                                                                                     T44.                                                                                                       
                           *                   *                   *                   *                   *                   *                   *                                            




Sec. 172.101  [Amended]


    8. In addition, in Sec. 172.101, in the Hazardous Materials Table, 
the following changes are made:
    a. For the entry ``Benzyl chloride'', in column (7), Special 
Provision ``N43'' is revised to read ``N42''.
    b. For the entry ``Chlorosilanes, corrosive, flammable, n.o.s.'', 
in Column (7), Special Provisions ``,T18, T26'' are added following 
``B100''.
    c. For the entry ``Chlorosilanes, corrosive, nos.'', in Column (7), 
Special Provisions, ``T8, T26'' are added following ``B2''.
    d. For the entry, ``Chlorosilanes, water-reactive, flammable, 
corrosive, n.o.s.'', in Column (7), Special Provisions ``,T24, T26'' 
are added following ``A2''.
    e. For the entries ``Organic peroxide type F, liquid, temperature 
controlled'' and ``Organic peroxide type F, solid, temperature 
controlled'', in Column (8A), the reference ``225'' is removed each 
place it appears and ``None'' added in each place, and in Column (8C), 
the


[[Page 50624]]


reference ``None'' is removed each place it appears and ``225'' added 
in each place.
    f. For the entry ``Organic peroxide type F, solid'', in Column 
(8C), the reference ``None'' is removed and ``225'' is added in its 
place.
    g. For the entry ``Phosphorus pentafluoride'', in Column (7), the 
wording ``1'' is removed and ``2, B9, B14'' is added in its place; in 
Column (8B) ``302'' is revised to read ``302, 304''; and in Column 
(8C), ``None'' is revised to read ``314, 315''.
    h. For the entry ``Tungsten hexafluoride'', in Column (7), special 
provision ``3'' is revised to read ``2''.
    i. For the entries ``Metal carbonyls, n.o.s., UN3281, PG I''; 
``Nitriles, toxic, flammable, n.o.s., UN3275, PG I''; ``Nitriles, 
toxic, n.o.s., UN3276, PG I''; ``Organoarsenic compound, n.o.s., 
UN3280, PG I''; ``Organophosphorus compound, toxic, flammable, n.o.s., 
UN3279, PG I''; and ``Organophosphorus compound, toxic, n.o.s., UN3278, 
PG I'', in Column (7), Special Provision ``5'' is added.
    j. For each of the following entries, in Column (8A), the word 
``None'' is removed and ``151'' added in its place:


Alkali metal amides
Alkaline earth metal alloys, n.o.s.
Aluminum carbide
Aluminum ferrosilicon powder (both entries)
Aluminum powder, uncoated (both entries)
Aluminum processing by-products (both entries)
Aluminum silicon powder, uncoated
Barium
Calcium
Calcium carbide, in PG II
Calcium cyanamide with more than 0.1 percent of calcium carbide
Calcium manganese silicon
Calcium silicide (both entries)
Cerium, turnings or gritty powder
Ferrosilicon with 30 percent or more but less than 90 percent silicon
Lithium ferrosilicon
Lithium hydride, fused solid
Lithium silicon
Magnesium granules, coated particle size not less than 149 microns
Magnesium powder or Magnesium alloys, powder
Magnesium silicide
Maneb stabilized or Maneb preparations, stabilized against self-heating
Metal hydrides, water-reactive, n.o.s., in PG II
Metallic substance, water-reactive, n.o.s., in PG II and III
Phosphorous pentasulfide, free from yellow or white phosphorous
Sodium aluminum hydride
Water-reactive solid, corrosive, n.o.s., in PG II and III
Water-reactive solid, flammable, n.o.s., in PG II and III
Water-reactive solid, n.o.s., in PG II and III
Water-reactive solid, toxic, n.o.s., in PG II and III
Zinc ashes


    9. In Sec. 172.102, in paragraph (c)(1) Special Provisions 25 and 
70 are added, in paragraph (c)(3) Special Provision B59 is revised, and 
in paragraph (c)(5), Special Provision N42 is added, to read as 
follows:



Sec. 172.102  Special provisions.


Sec. 172.302  General marking requirements for bulk packagings.


Sec. 172.504  [Amended]


    11. In Sec. 172.504, the last sentence of paragraph (f)(8) is 
removed.


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


    12. The authority citation for Part 173 continues to read as 
follows:


    Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.


    13. In Sec. 173.24a, the last sentence of paragraph (a)(3) and 
paragraph (b)(2) are revised, to read as follows:



Sec. 173.24a  Additional general requirements for non-bulk packagings 
and packages.


    (a) * * *
    (3) * * * Cushioning material must not be capable of reacting 
dangerously with the contents of the inner packagings or having its 
protective properties significantly weakened in the event of leakage.

Sec. 173.24b  [Amended]


    14. In Sec. 173.24b, in the first sentence in paragraph (b), the 
wording ``stainless steel is steel'' is revised to read ``the reference 
stainless steel is stainless steel''.
    15. In Sec. 173.28, paragraphs (b)(4) and (b)(7)(iv)(C) are revised 
and a new sentence is added in paragraph (c)(2) following the first 
sentence, to read as follows:



Sec. 173.28  Reuse, reconditioning and remanufacture of packagings.


[[Page 50625]]


thickness of the packaging material, as required by Sec. 178.503(a)(9) 
of this subchapter, and--
    (i) Except as provided in paragraph (b)(4)(ii) of this section, 
conform to the following minimum thickness criteria:

-----------------------------------------------------------------------

                            Minimum thickness of packaging material     


 Maximum capacity not --------------------------------------------------

         over                                        Plastic drum or    
                        Metal drum or jerrican           jerrican       


-----------------------------------------------------------------------
20 L.................  0.63 mm (0.025 inch)....  1.1 mm (0.043 inch).   
30 L.................  0.73 mm (0.029 inch)....  1.1 mm (0.043 inch).   
40 L.................  0.73 mm (0.029 inch)....  1.8 mm (0.071 inch).   
60 L.................  0.92 mm (0.036 inch)....  1.8 mm (0.071 inch).   
120 L................  0.92 mm (0.036 inch)....  2.2 mm (0.087 inch).   
220 L................  0.92 mm (0.036 inch) 1..  2.2 mm (0.087 inch).   
450 L................  1.77 mm (0.070 inch)....  5.0 mm (0.197 inch).   
-----------------------------------------------------------------------
\1\ Metal drums or jerricans constructed with a minimum thickness of    
  0.82 mm body and 1.09 mm heads are authorized until December 31, 1996.
  After that date, metal drums or jerricans constructed with a minimum  
  thickness of 0.82 mm body and 1.11 heads are authorized.              


    (ii) For stainless steel drums and jerricans, conform to a minimum 
wall thickness as determined by the following equivalence formula:


Formula for Metric Units
[GRAPHIC] [TIFF OMITTED] TR26SE96.023


Formula for U.S. Standard Units
[GRAPHIC] [TIFF OMITTED] TR26SE96.024


where:
e<INF>1=required equivalent wall thickness of the metal to be used (in 
mm or, for U.S. Standard units, use inches).
e<INF>0=required minimum wall thickness for the reference steel (in mm 
or, for U.S. Standard units, use inches).
Rm<INF>1=guaranteed minimum tensile strength of the metal to be used 
(in N/mm2 or for U.S. Standard units, use pounds per square inch).
A<INF>1=guaranteed minimum elongation (as a percentage) of the metal to 
be used on fracture under tensile stress (see paragraph (c)(1) of this 
section).

Sec. 173.28  [Amended]


    16. In addition, in Sec. 173.28, in the first sentence of paragraph 
(c)(2), the wording ``or a UN 1H1 plastic drum'' is added immediately 
following the wording ``other than a metal drum''.
    17. In Sec. 173.32, in paragraph (d) a new third sentence is added 
at the end of the paragraph, in paragraph (e)(2)(i), the second 
sentence is revised, and a new paragraph (t) is added, to read as 
follows:



Sec. 173.32  Qualification, maintenance and use of portable tanks other 
than Specification IM portable tanks.


Sec. 173.115  [Amended]


    18. In Sec. 173.115, in paragraph (b)(1), the wording ``(41 psia)'' 
is revised to read ``(40.6 psia)''.
    19. In Sec. 173.120, a new paragraph (b)(3) is added to read as 
follows:



Sec. 173.120  Class 3--Definitions.


Sec. 173.121  [Amended]


    20. In Sec. 173.121, in the second sentence of paragraph (a), the 
wording ``or indicates that the packing group is to be determined on 
the basis of the grouping criteria for Class 3,'' is removed.
    21. In Sec. 173.125, paragraph (a) is revised to read as follows:



Sec. 173.125  Class 4--Assignment of packing group.


    (a) The packing group of a Class 4 material is assigned in Column 
(5) of the Sec. 172.101 Table. When the Sec. 172.101 Table provides 
more than one packing group for a hazardous material, the packing group 
shall be determined 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.

Sec. 173.127  Class 5, Division 5.1--Definition and assignment of 
packing groups.


[[Page 50626]]


the packing group shall be determined on the basis of test results 
following test methods given in appendix F of this part and by applying 
the following criteria:

Sec. 173.133  [Amended]


    23. In Sec. 173.133, in paragraph (a) introductory text, in the 
second sentence, the wording ``more than one packing group and hazard 
zone'' is revised to read ``more than one packing group or hazard 
zone''.
    24. In Sec. 173.134, the introductory text of paragraph (b)(3)(ii) 
is revised and a new paragraph (b)(4) is added to read as follows:



Sec. 173.134  Class 6, Division 6.2--Definitions, exceptions and 
packing group assignments.


Sec. 173.151  Exceptions for Class 4.


Sec. 173.156  Exceptions for ORM materials.


Sec. 173.158  Nitric acid.


Sec. 173.170  Black powder for small arms.


    Black powder for small arms that has been classed in Division 1.1 
may be reclassed as a Division 4.1 material, for domestic 
transportation by motor vehicle, rail freight, and cargo vessel only, 
subject to the following conditions:
    (a) The powder must be examined and approved for Division 1.1 and 
Division 4.1 classification in accordance with Secs. 173.56 and 173.58;
    (b) The total quantity of black powder in one motor vehicle, rail 
car, or freight container may not exceed 45.4 kg (100 pounds) net mass, 
and no more than four freight containers may be on board one cargo 
vessel;
    (c) The black powder must be packed in inner metal or heavy wall 
conductive plastic receptacles not over 450 g (15.9 ounces) net 
capacity each, with no more than 25 cans in one outer UN 4G fiberboard 
box. The inner packagings must be arranged and protected so as to


[[Page 50627]]


prevent simultaneous ignition of the contents. The complete package 
must be of the same type which has been examined as required in 
Sec. 173.56;
    (d) Each completed package must be marked ``BLACK POWDER FOR SMALL 
ARMS'' and ``NA 0027''; and
    (e) Each package must bear the FLAMMABLE SOLID label.



Sec. 173.183  [Amended]


    29. In Sec. 173.183, in paragraphs (a) and (b), the wording ``, 
polypropylene canister,'' is added immediately following the wording 
``closed metal can'' each place it appears.
    30. In Sec. 173.225, in paragraph (a), a new sentence is added as 
the penultimate sentence to read as follows:



Sec. 173.225  Packaging requirements and other provisions for organic 
peroxides.


    (a) * * * No used material, other than production residues or 
regrind from the same production process, may be used in plastic 
packagings. * * *

Sec. 173.306  Limited quantities of compressed gases.


Sec. 173.314  Compressed gases in tank cars and multi-unit tank cars.


Sec. 173.314  [Amended]


    33. In addition, in Sec. 173.314, in the paragraph (c) table, as 
amended at 61 FR 28676, effective October 1, 1996, the following 
changes are made:
    a. For the entry ``Ammonia, anhydrous, or ammonia solutions >50 
percent ammonia'', in Column 2, the wording ``Note 2'' is removed and 
``Notes 2, 10'' added in its place.
    b. For the entry ``Division 2.1 materials not specifically provided 
in this table'' in Column 2, the wording ``Note 3'' is removed and the 
wording ``Notes 9, 10'' added in its place.


Appendix H to Part 173--[Amended]


    34. In Appendix H to Part 173, the second sentence of paragraph 
5.(b) is revised and in paragraph 5.(h), a second sentence is added at 
the end of the paragraph to read as follows:


Appendix H to Part 173--Method of Testing for Sustained 
Combustibility


PART 178--SPECIFICATIONS FOR PACKAGINGS


    35. The authority citation for part 178 continues to read as 
follows:


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


    36. Section 178.245-1 is revised to read as follows:



Sec. 178.245-1  Requirements for design and construction.


    (a) Tanks must be seamless or welded steel construction or 
combination of both and have a water capacity in excess of 454 kg 
(1,000 pounds). Tanks must be designed, constructed, certified and 
stamped in accordance with the ASME Code.
    (b) Tanks must be postweld heat treated and radiographed as 
prescribed in the ASME Code except that each tank constructed in 
accordance with part UHT of the ASME Code must be postweld heat 
treated. Where postweld heat treatment is required, the tank must be 
treated as a unit after completion of all the welds in and/or to the 
shell and heads. The method must be as prescribed in the ASME Code. 
Welded attachments to pads may be made after postweld heat treatment is 
made. A tank used for anhydrous ammonia must be postweld heat treated. 
The postweld heat treatment must be as prescribed in the ASME Code, but 
in no event at less than 1050 deg. F tank metal temperature. 
Additionally, tanks constructed in accordance with part UHT of the ASME 
Code must conform to the following requirements:
    (1) Welding procedure and welder performance tests must be made


[[Page 50628]]


annually in accordance with section IX of the ASME Code. In addition to 
the essential variables named therein, the following must be considered 
to be essential variables: number of passes, thickness of plate, heat 
input per pass, and manufacturer's identification of rod and flux. The 
number of passes, thickness of plate and heat input per pass may not 
vary more than 25 percent from the procedure qualification. Records of 
the qualification must be retained for at least 5 years by the tank 
manufacturer and made available to duly identified representatives of 
the Department of Transportation or the owner of the tank.
    (2) Impact tests must be made on a lot basis. A lot is defined as 
100 tons or less of the same heat and having a thickness variation no 
greater than plus or minus 25 percent. The minimum impact required for 
full-sized specimens shall be 20 foot-pounds (or 10 foot-pounds for 
half-sized specimens) at 0 deg. F Charpy V-Notch in both the 
longitudinal and transverse direction. If the lot test does not pass 
this requirement, individual plates may be accepted if they 
individually meet this impact requirement.
    (c) Except as provided in paragraph (d) of this section, all 
openings in the tank shall be grouped in one location, either at the 
top of the tank or at one end of the tank.
    (d) The following openings may be installed at locations other than 
on the top or end of the tank:
    (1) The openings for liquid level gauging devices, pressure gauges, 
or for safety devices, may be installed separately at the other 
location or in the side of the shell;
    (2) One plugged opening of 2-inch National Pipe Thread or less 
provided for maintenance purposes may be located elsewhere;
    (3) An opening of 3-inch National Pipe Size or less may be provided 
at another location, when necessary, to facilitate installation of 
condensing coils; or
    (4) Filling and discharge connections may be installed below the 
normal liquid level of the tank if the tank design conforms to the 
following requirements:
    (i) The tank must be permanently mounted in a full framework for 
containerized transport. For each tank design, a prototype tank, must 
fulfill the requirements of parts 450 through 453 of this title for 
compliance with the requirements of Annex II of the International 
Convention for Safe Containers.
    (ii) Each filling and discharge connection must be equipped with an 
internal self-closing stop-valve capable of closing within 30 seconds 
of actuation. Each internal self-closing stop-valve must be protected 
by a shear section or sacrificial device located outboard of the valve. 
The shear section or sacrificial device must break at no more than 70 
percent of the load that would cause failure of the internal selfclosing 
stop- valve.
    (iii) Each internal self-closing stop-valve must be provided with 
remote means of automatic closure, both thermal and mechanical. The 
thermal means of automatic closure must actuate at a temperature of not 
over 250 deg. F.
    (e) Each uninsulated tank used for the transportation of compressed 
gas, as defined in Sec. 173.300 of this subchapter, must have an 
exterior surface finish that is significantly reflective, such as a 
light reflecting color if painted, or a bright reflective metal or 
other material if unpainted.
    37. In Sec. 178.245-4, a new paragraph (e) is added to read as 
follows:



Sec. 178.245-4  Tank mountings.


Sec. 178.245-6  [Amended]


    38. In Sec. 178.245-6, in the first sentence of paragraph (a), the 
wording ``on one of the heads of the tank'' is revised to read ``in 
close proximity to the ASME ``U'' stamp certification''.
    39. In Sec. 178.270-12, in paragraph (a), the first two sentences 
are revised to read as follows:



Sec. 178.270-12  Valves, nozzles, piping, and gauging devices.


    (a) All tank nozzles, except those provided for filling and 
discharge connections below the normal liquid level of the tank, relief 
devices, thermometer wells, and inspection openings, must be fitted 
with manually operated stop valves located as near the shell as 
practicable either internal or external to the shell. Each filling and 
discharge connection located below the normal liquid level of the tank 
must be equipped with an internal discharge valve. * * *

Sec. 178.601  General requirements.


[[Page 50629]]


    (C) Closure ring style including bolt size, (e.g., square or round 
back, 0.625'' bolt); and
    (D) Closure ring thickness.

Sec. 178.705  Standards for metal intermediate bulk containers.


Sec. 178.705  [Amended]


    42. In addition, in Sec. 178.705, in paragraph (c)(1)(iv)(B), in 
the second formula, the Formula for U.S. Standard units, the number 
``544'' is revised to read ``21.4''.


    Issued in Washington, DC on September 18, 1996 under authority 
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-24398 Filed 9-25-96; 8:45 am]
BILLING CODE 4910-60-P

 
 

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