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DEPARTMENT OF TRANSPORTATION

Treasury Department

CFR Citation: 49 CFR Parts 171, 172, 173, 174, 175, 176, 177, 178, 179, and 180

Docket ID: [Docket No. RSPA-03-15574 (HM-189U)]

RIN ID: RIN 2137-AD83

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Hazardous Materials: Matter Incorporated by Reference

DATES: Effective date: January 1, 2004.

Incorporation by Reference Date: The incorporation by reference of the publications listed in this final rule has been approved by the Director of the Federal Register as of January 1, 2004.

DOCUMENT SUMMARY: This final rule amends the Hazardous Materials Regulations (HMR) to standardize the format used to crossreference consensus standards published by nationally and internationally recognized standardsetting organizations and industry that are incorporated by reference into the HMR. In addition, this rule adds missing cross references and removes unnecessary crossreferences in the HMR. The amendments contained in this rule are minor editorial changes and impose no new requirements.

SUMMARY: Transportation Department, Research and Special Programs Administration,

SUPPLEMENTAL INFORMATION

I. Background

The Research and Special Programs Administration (RSPA, we, us) references certain consensus standards, specifications, and recommended practices developed by nationally and internationally recognized standardsetting organizations and the hazardous materials industry to establish certain requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171180). This practice, known as incorporation by reference, allows us to incorporate the provisions of widely accepted technical standards into the regulations and to reduce the volume of material published in the Federal Register. The legal effect of incorporation by reference is that the referenced provisions are treated as if they were published in the Federal Register and in the HMR. As with any other requirements appearing in regulations, the incorporated provisions have the force and effect of law.

The Office of the Federal Register's (OFR's) regulations, at 1 CFR Part 51, govern how RSPA and other Federal agencies may incorporate various documents by reference. These regulations require agencies to obtain approval from the Director of the Federal Register for each publication incorporated by reference. Incorporation by reference of a publication is limited to the specific edition approved by the OFR. In the HMR, Sec. 171.7 contains a complete listing of the source and name of each publication approved by the OFR regulations.

The OFR requires an agency to use the words ``incorporated by reference'' in the language incorporating a publication. The HMR incorporate by reference more than 100 publications and contain hundreds of references to these publications. For conciseness, we are using the wording ``IBR, see Sec. 171.7 of this subchapter'' in the language incorporating a publication. This wording appears the first time a publication is referenced in a particular section. Some sections in the HMR currently contain multiple references to the same publication. These repeated references when they appear in the same section are being removed in this final rule.

In an earlier final rule (RSPA Docket No. 0213658 (HM215E), 68 FR 1013, January 8, 2003), we revised Sec. 171.7 to incorporate by reference the 2002 edition of International Maritime Dangerous Goods Code (IMDG Code), including Amendment 31. We also authorized the continued use of the 2000 edition of the IMDG Code, including Amendment 30, until January 1, 2004. We are removing the reference to the 2000 edition of the IMDG Code in this final rule.

The rule also contains minor editorial corrections (e.g., incomplete section references, and typographical and punctuation errors), and certain other minor adjustments to enhance the clarity of the HMR.

Because these amendments impose no new requirements, notice and public comment procedures are unnecessary. In addition, making these amendments effective without the customary 30day delay following publication will allow the changes to appear in the next revision of 49 CFR.
II. 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. This rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). Because of the minimal economic impact of this rule, preparation of a regulatory impact analysis or a regulatory evaluation is not warranted.

B. Executive Order 13132

This final rule has been analyzed in accordance with the principles and criteria in Executive Order 13132 (``Federalism''). This final rule does not propose any regulation that: (1) Has substantial direct effects on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government; (2) imposes substantial direct compliance costs on State and local governments; or (3) preempts State law.

RSPA is not aware of any State, local, or Indian tribe requirements that would be preempted by correcting editorial errors and making minor regulatory changes. This final rule does not have sufficient federalism impacts to warrant the preparation of a federalism assessment. C. Executive Order 13175

This rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this rule does not have tribal implications and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply.

D. Regulatory Flexibility Act

I certify that this final rule will not have a significant economic impact on a substantial number of small entities. This rule makes minor editorial changes that 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.
[[Page 75735]]

E. Unfunded Mandates Reform Act of 1995

This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $100 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the rule.

F. Paperwork Reduction Act

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

G. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to crossreference 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

Education, Hazardous materials transportation, Hazardous waste, Incorporation by reference, Labeling, Markings, Packaging and containers, Reporting and recordkeeping requirements.

49 CFR Part 173

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

49 CFR Part 174

Hazardous materials transportation, Incorporation by reference, Radioactive materials, Railroad safety.

49 CFR Part 175

Air carriers, Hazardous materials transportation, Incorporation by reference, Radioactive materials, Reporting and recordkeeping requirements.

49 CFR Part 176

Hazardous materials transportation, Incorporation by reference, Maritime carriers, Radioactive materials, Reporting and recordkeeping requirements.

49 CFR Part 177

Hazardous materials transportation, Incorporation by reference, Motor carriers, Radioactive materials, Reporting and recordkeeping requirements.

49 CFR Part 178

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

49 CFR Part 179

Hazardous materials transportation, Incorporation by reference, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 180

Hazardous materials transportation, Incorporation by reference, Motor vehicle safety, Packaging and containers, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR Chapter I is amended as follows:
PART 171GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as follows:

Authority: 49 U.S.C. 51015127; 49 CFR 1.53.
Sec. 171.7 [Amended]
2. In Sec. 171.7, the table in paragraph (a)(3) is revised and the table in paragraph (b) is amended by adding an entry in the appropriate alphabetical order to read as follows:
Sec. 171.7 Referenced material.
(a) * * *
(3) Table of material incorporated by reference. * * *
Source and name of material 49 CFR reference Air Transport Association of America,
1301 Pennsylvania Avenue, N.W.,
Washington, DC 200041707:

ATA Specification No. 300 Packaging 172.102.
of Airline Supplies, Revision 19,
July 31, 1996.
The Aluminum Association, 420 Lexington

Avenue, New York, NY 10017:

Aluminum Standards and Data, 172.102; 178.65. Seventh Edition, June 1982.
American National Standards Institute,
Inc., 25 West 43rd Street, New York,

NY 10036:

ANSI/ASHRAE 1594, Safety Code for 173.306; 173.307. Mechanical Refrigeration.

ANSI B16.577, Steel Pipe Flanges, 178.3604.

Flanged Fittings.

ANSI N14.1 Uranium Hexafluoride 173.417; 173.420. Packaging for Transport, 1971,
1982, 1987, 1990, 1995 and 2001
Editions.
American Petroleum Institute, 1220 L
Street, NW, Washington, D.C. 20005

4070:

API Recommended Practice Closures 1604172.102. of Underground Petroleum Storage
Tanks, 3rd Edition, March 1996.
American Pyrotechnics Association
(APA), P.O. Box 213, Chestertown, MD
21620:

APA Standard 871, Standard for 173.56.
Construction and Approval for
Transportation of Fireworks,
Novelties, and Theatrical
Pyrotechnics, December 1, 2001
version.
American Society of Mechanical
Engineers, ASME International, 22 Law
Drive, P.O. Box 2900, Fairfield, NJ
070072900:

[[Page 75736]]

ASME Code, Sections II (Parts A and 172.102; 173.24b; 173.32; B), V, VIII (Division 1), and IX 173.306; 173.315; 173.318; of 1998 Edition of American 173.420; 178.2451; 178.2453; Society of Mechanical Engineers 178.2454; 178.2456; 178.245 Boiler and Pressure Vessel Code. 7; 178.2551; 178.2552; 178.25514; 178.25515; 178.2702; 178.2703; 178.270 7; 178.2709; 178.27011; 178.27012; 178.2711; 178.272 1; 178.273; 178.274; 178.276; 178.277; 178.320; 178.3371; 178.3372; 178.3373; 178.337 4; 178.3376; 178.33716; 178.33718; 178.3381; 178.338 2; 178.3383; 178.3384; 178.3385; 178.3386; 178.338 13; 178.33816; 178.33818; 178.33819; 178.3451; 178.345 2; 178.3453; 178.3454; 178.3457; 178.34514; 178.345 15; 178.3461; 178.3471; 178.3481; 179.4003; 180.407. American Society for Testing and
Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428:

Noncurrent ASTM Standards are
available from: Engineering
Societies Library, 354 East 47th

Street, New York, NY 10017

ASTM A 20/A 20M93a Standard 178.3372; 179.1024; 179.102 Specification for General 1; 179.10217.
Requirements for Steel Plates for
Pressure Vessels.

ASTM A 4768 Malleable Iron 179.20015.

Castings.

ASTM A 240/A 240M99b Standard 178.57; 178.3585; 179.1007; Specification for HeatResisting 179.10010; 179.1021; 179.102 Chromium and ChromiumNickel 4; 179.10217; 179.2007; Stainless Steel Plate, Sheet and 179.2015; 179.2207; 179.300 Strip for Pressure Vessels. 7; 179.4005.

ASTM A 24281 Standard 178.3382.
Specification for HighStrength

LowAlloy Structural Steel.

ASTM A 26293a Standard Practices 179.1007; 179.2007; 179.201 for Detecting Susceptibility to 4.
Intergranular Attack in Austenitic
Stainless Steels.

ASTM A 28578 Pressure Vessel 179.3007.
Plates, Carbon Steel, Low and
IntermediateTensile Strength.

ASTM A 30058 Steel Plates for 178.3372.
Pressure Vessels for Service at

Low Temperatures.

ASTM A 302/A 302M93 Standard 179.1007; 179.2007; 179.220 Specification for Pressure Vessel 7.
Plates, Alloy Steel, Manganese
Molybdenum and Manganese
Molybdenum Nickel.

ASTM A 33367 Seamless and Welded 178.45.
Steel Pipe for LowTemperature
Service.

ASTM A 37094 Standard Test 179.102 179.10217.
1; 179.1024; Methods and
Definitions for Mechanical Testing
of Steel Products.

ASTM A 44181 Standard 178.3382.
Specification for HighStrength
LowAlloy Structural Manganese
Vanadium Steel.

ASTM A 51481 Standard 178.3382.
Specification for HighYield
Strength Quenched and Tempered
Alloy Steel Plate, Suitable for
Welding.

ASTM A 515/A 515M03 Standard 179.3007.
Specification for Pressure Vessel
Plates, Carbon Steel, for
Intermediate and Higher

Temperature Service.

ASTM A 516/A 516M90 Standard 178.3372; 179.1007; 179.102 Specification for Pressure Vessel 1; 179.1022; 179.1024; Plates, Carbon Steel, for Moderate 179.10217; 179.2007; 179.220 and LowerTemperature Service. 7; 179.3007.

ASTM A 537/A 537M91 Standard 179.1007; 179.1024; 179.102 Specification for Pressure Vessel 17.
Plates, HeatTreated, Carbon
ManganeseSilicon Steel.

ASTM A 57282 Standard 178.3382.
Specification for HighStrength
LowAlloy ColumbianVanadium
Steels of Structural Quality.

ASTM A 58881 Standard 178.3382.
Specification for HighStrength
LowAlloy Structural Steel with 50
Ksi Minimum Yield Point to 4 in.
Thick.

ASTM A 60675 Standard 178.3382.
Specification for Steel Sheet and
Strip Hot Rolled and ColdRolled,
HighStrength, LowAlloy, with
Improved Atmospheric Corrosion
Resistance, 1975 (Reapproved 1981).

ASTM A 60798 Standard 178.3382.
Specification for Steel, Sheet and
Strip, HighStrength, LowAlloy,
Columbium or Vanadium, or Both,
HotRolled and ColdRolled.

ASTM A 61272a High Strength Steel 178.3372.
Plates for Pressure Vessels for
Moderate and Lower Temperature
Service.

ASTM A 63379a Standard 178.3382.
Specification for Normalized High
Strength LowAlloy Structural
Steel, 1979 Edition.

ASTM A 71581 Standard 178.3382.
Specification for Steel Sheet and
Strip, HotRolled, HighStrength,
LowAlloy with Improved

Formability, 1981.

ASTM B 16293a Standard 173.249; 179.2007. Specification for Nickel Plate,

Sheet, and Strip.

ASTM B 20993 Standard 179.1007; 179.2007; 179.220 Specification for Aluminum and 7.
AluminumAlloy Sheet and Plate.

ASTM B 22176 Aluminum Alloy 178.46.
Extruded Bars, Rods, Shapes, and
Tubes.
[[Page 75737]]

ASTM B 55784 Tension Testing 178.46.
Wrought and Cast Aluminum and

MagnesiumAlloy Products.

ASTM B 58079 Standard 173.316; 173.318; 178.33817. Specification for Anodic Oxide
Coatings on Aluminum, (Reapproved
2000).

ASTM D 123890b Standard Test 173.225.
Method for Flow Rates of
Thermoplastics for Extrusion
Plastometer.

ASTM D 170901 Standard Text 173.197.
Methods for Impact Resistance of
Plastic Film by the FreeFalling
Dart Method.

ASTM D 183597 Standard 180.209.
Specification for Liquefied
Petroleum (LP) Gases.

ASTM D 183864 Copper Strip 173.315.
Corrosion by Liquefied Petroleum
(LP) Gases.

ASTM D 192200a Standard Test 173.197.
Method for Propogation Tear
Resistance of Plastic Film and
Thin Sheeting by Pendulum Method.

ASTM D 420696 Standard Test Method 173.120.
for Sustained Burning of Liquid
Mixtures Using the Small Scale
OpenCup Apparatus.

ASTM D 435990 Standard Test Method 171.8.
for Determining Whether a Material

is a Liquid or a Solid.

ASTM E 899 Standard Test Methods 178.36; 178.37; 178.38; 178.39; for Tension Testing of Metallic 178.44; 178.45; 178.50; Materials. 178.51; 178.53; 178.55; 178.56; 178.57; 178.58; 178.59; 178.60; 178.61; 178.68.

ASTM E 2398 Standard Test Methods 178.57.
for Notched Bar Impact Testing of
Metallic Materials.

ASTM E 11288 Standard Test Methods 178.44.

for Determining Average Grain Size.

ASTM E 11296 Standard Test Methods 178.274; Part 178, appendix A. for Determining Average Grain
Size, 1996 Edition.

ASTM E 11495 Standard Practice for 178.45.
Ultrasonic PulseEcho Straight
Beam Examination by the Contact
Method.

ASTM E 21398 Standard Practice for 178.45.
Ultrasonic Examination of Metal
Pipe and Tubing.
American Water Works Association, 1010
Vermont Avenue, N.W., Suite 810,
Washington, DC 20005:

AWWA Standard C20755, Steel Pipe 178.3604.
Flanges, 1955.
American Welding Society, 550 N.W. Le

Jeune Road, Miami, Florida 33126:

AWS Code B 3.0; Standard 178.3562, 178.3582. Qualification Procedure; 1972 (FRB

3.041, rev. May 1973).

AWS Code D 1.0; Code for Welding in 178.3562; 178.3582. Building Construction (FR D 1.0
66, 1966).
Association of American Railroads,
American Railroads Building, 50 F

Street, NW., Washington, DC 20001:

AAR Manual of Standards and 173.31; 174.63; 179.6; 179.7; Recommended Practices, Section C 179.15; 179.16; 179.20; Part III, Specifications for Tank 179.22; 179.1009; 179.10010; Cars, Specification M1002, (AAR 179.10012; 179.10013; Specifications for Tank Cars), 179.10014; 179.10018; December 2000. 179.1011; 179.1021; 179.102 4; 179.10217; 179.1035; 179.2007; 179.2009; 179.200 10; 179.20011; 179.20013; 179.20017; 179.20022; 179.2016; 179.2206; 179.220 7; 179.22010; 179.22011; 179.22014; 179.22018; 179.22026; 179.3009; 179.300 10; 179.30015; 179.30017; 179.4005; 179.4006; 179.400 8; 179.40011; 179.40012; 179.40015; 179.40018; 179.40020; 179.40025; 180.509; 180.513; 180.515; 180.517.

AAR Manual of Standards and 174.55; 174.63. Recommended Practices, Section I,
Specially Equipped Freight Car and
Intermodal Equipment, 1988.

AAR Specifications for Design, 179.16.
Fabrication and Construction of
Freight Cars, Volume 1, 1988.
Chlorine Institute, Inc., 2001 L
Street, NW., Suite 506, Washington, DC
20036:

Chlorine Institute Emergency Kit 173.3.
``A'' for 100lb. & 150lb.
Chlorine Cylinders (with the
exception of repair method using
Device 8 for side leaks), Edition
9, June 2000.

Chlorine Institute Emergency Kit 173.3.
``B'' for Chlorine Ton Containers
(with the exception of repair
method using Device 9 for side
leaks) Edition 8, June 1996.

Type 1\1/2\ JQ 225, Dwg., H51970, 173.315.
Revision D, April 5, 1989; or Type
1\1/2\ JQ 225, Dwg. H50155,
Revision F, April 4, 1989.

Section 3, Pamphlet 57, Emergency 177.840.
ShutOff Systems for Bulk Transfer
of Chlorine, 3rd Edition, October
1997.

Standard Chlorine Angle Valve 178.3379.
Assembly, Dwg. 1048, July 1993.

Excess Flow Valve with Removable 178.3378.
Seat, Dwg. 1017, July 1993.

Excess Flow Valve with Removable 178.3378.
Basket, Dwg. 1066, July 1993.
[[Page 75738]]

Standards for Housing and Manway 178.33710.
Covers for Steel Cargo Tanks,
Dwgs. 1371 and 1372, September
1, 1982.
Compressed Gas Association, Inc., 4221
Walney Road, 5th Floor, Chantilly,

Virginia 20151:

CGA Pamphlet C3, Standards for 178.47; 178.50; 178.51; 178.53; Welding on ThinWalled Steel 178.55; 178.56; 178.57; Cylinders, 1994. 178.58; 178.59; 178.60; 178.61; 178.65; 178.68; 180.211.

CGA Pamphlet C5, Cylinder Service 173.302a.
LifeSeamless Steel High Pressure

Cylinders, 1991.

CGA Pamphlet C6, Standards for 173.198; 180.205; 180.209; Visual Inspection of Steel 180.211; 180.411; 180.519. Compressed Gas Cylinders, 1993.

CGA Pamphlet C6.1, Standards for 180.205; 180.209. Visual Inspection of High Pressure
Aluminum Compressed Gas Cylinders,
1995.

CGA Pamphlet C6.2, Guidelines for 180.205.
Visual Inspection and
Requalification of Fiber
Reinforced High Pressure

Cylinders, 1996, Third Edition.

CGA Pamphlet C6.3, Guidelines for 180.205; 180.209. Visual Inspection and
Requalification of Low Pressure
Aluminum Compressed Gas Cylinders,
1991.

CGA Pamphlet C7, A Guide for the 172.400a.
Preparation of Precautionary
Markings for Compressed Gas
Containers, appendix A, issued

1992 (6th Edition).

CGA Pamphlet C8, Standard for 180.205; 180.209. Requalification of DOT3HT
Cylinder Design, 1985.

CGA Pamphlet C11, Recommended 178.35.
Practices for Inspection of
Compressed Gas Cylinders at Time
of Manufacture, 2001, Third

Edition.

CGA Pamphlet C12, Qualification 173.301; 173.303; 178.59; Procedure for Acetylene Cylinder 178.60.

Design, 1994.

CGA Pamphlet C13, Guidelines for 173.303; 180.205; 180.209. Periodic Visual Inspection and
Requalification of Acetylene

Cylinders, 2000, Fourth Edition.

CGA Pamphlet C14, Procedures for 173.301; 173.323. Fire Testing of DOT Cylinder
Pressure Relief Device Systems,
1979.

CGA Pamphlet G2.2 Tentative 173.315.
Standard Method for Determining
Minimum of 0.2% Water in Anhydrous
Ammonia, 1985.

CGA Pamphlet G4.1, Cleaning 178.33815.
Equipment for Oxygen Service, 1985.

CGA Pamphlet P20, Standard for the 173.115.
Classification of Toxic Gas

Mixtures, 1995.

CGA Pamphlet S1.1, Pressure Relief 173.301; 173.304a. Device StandardsPart 1
Cylinders for Compressed Gases,
2001 (with the exception of

paragraph 9.1.1.1), Ninth Edition.

CGA Pamphlet S1.2, Safety Relief 173.315; 173.318; 178.276; Device Standards Part 2Cargo and 178.277.
Portable Tanks for Compressed
Gases, 1980.

CGA Pamphlet S7, Method for 173.301.
Selecting Pressure Relief Devices
for Compressed Gas Mixtures in

Cylinders, 1996.

CGA Technical Bulletin TB2, 180.407; 180.413. Guidelines for Inspection and
Repair of MC330 and MC331 Cargo
Tanks, 1980.
Department of Defense (DOD), 2461
Eisenhower Avenue, Alexandria, VA
22331:

DOD TB 7002; NAVSEAINST 8020.8B; 173.56.
AFTO 11A147; DLAR 8220.1:
Explosives Hazard Classification
Procedures, January 1998.
Department of Energy (USDOE), 100
Independence Avenue SW., Washington,
DC 20545:

USDOE publications available from:
Superintendent of Documents,
Government Printing Office (GPO)
or The National Technical

Information Service (NTIS).

USDOE, CAPE1662, Revision 1, and 178.3561; 178.3562; 178.358 Supplement 1, Civilian Application 1; 178.3582; 178.3583; Program Engineering Drawings, 178.3584.

April 6, 1988.

USDOE, Material and Equipment 178.3562; 178.3582. Specification No. SP9, Rev. 1,
and SupplementFire Resistant
Phenolic Foam, March 28, 1968.

USDOE, ORO 651Uranium 173.417.
Hexafloride; A Manual of Good
Practices, Revision 6, 1991

edition.

USDOE, KSS471, November 30, 1986 178.3581; 178.3583. Proposal for Modifications to U.S.
Department of Transportation
Specification 21PF1, Fire and
Shock Resistant Phenolic Foam
Insulated Metal Overpack.
General Services Administration,
Specification Office, Room 6662, 7th
and D Street, S.W., Washington, DC

20407:

Federal Specification RRC901C, 173.302; 173.336; 173.337. Cylinders, Compressed Gas: High
Pressure Steel DOT 3AA, and
Aluminum Applications, January 15,
1981 (Superseding RRC901B,
August 1, 1967).
[[Page 75739]]
Institute of Makers of Explosives, 1120
19th Street NW., Suite 310,

Washington, DC 200363605:

IME Safety Library Publication No. 173.63; 177.835. 22 (IME Standard 22),
Recommendation for the Safe
Transportation of Detonators in a
Vehicle with Certain Other
Explosive Materials, May 1993.
International Atomic Energy Agency
(IAEA), P.O. Box 100, Wagramer Strasse
5, A1400 Vienna, Austria:

Also available from: Bernan
Associates, 4611F Assembly Drive,
Lanham, MD 207064391, USA; or
Renouf Publishing Company, Ltd.,
812 Proctor Avenue, Ogdensburg,
New York 13669, USA.

IAEA, Regulations for the Safe 171.12.
Transport of Radioactive Material,
No. TSR1, 1996 Edition

(Revised), (ST1, Revised).

IAEA, Regulations for the Safe 171.12; 173.415; 173.416; Transport of Radioactive Material, 173.417; 173.473. Safety Series No. 6, 1985 Edition
(as Amended 1990).
International Civil Aviation
Organization (ICAO), P.O. Box 400,
Place de l'Aviation Internationale,
1000 Sherbrooke Street West, Montreal,
Quebec, Canada H3A 2R2:

ICAO Technical Instructions
available from: INTEREG,
International Regulations,
Publishing and Distribution
Organization, P.O. Box 60105,

Chicago, IL 60660.

Technical Instructions for the Safe 171.8; 171.11; 172.202; Transport of Dangerous Goods by 172.401; 172.512; 172.602; Air (ICAO Technical Instructions), 173.320; 175.33; 178.3. DOC 9284AN/905, 20032004
Edition, including Erratum.
International Maritime Organization
(IMO), 4 Albert Embankment, London,
SE17SR, United Kingdom or New York
Nautical Instrument & Service
Corporation, 140 West Broadway, New
York, NY 10013:

International Convention for the 176.63.
Safety of Life at Sea, (SOLAS)
Amendments 2000, Chapter II2/

Regulation 19, 2001.

International Maritime Dangerous 171.12; 172.202; 172.401; Goods (IMDG) Code, 2002 Edition, 172.502; 172.602; 173.21; including Amendment 3102 (English 176.2; 176.5; 176.11; 176.27; Edition). 176.30, 178.3.
International Organization for
Standardization, Case Postale 56, CH
1211, Geneve 20, Switzerland:

Also available from: ANSI 25 West
43rd Street, New York, NY 10036

ISO 8274(E) Steels Tensile Testing 178.2703.

ISO 5351991(E) Paper and board 178.516; 178.707; 178.708. Determination of water

absorptivenessCobb method.

ISO 149631995(E)Series Freight 1173.411; 178.274. ContainersSpecification and
TestingPart 3: Tank Containers
for Liquids, Gases and Pressurized
Dry Bulk March 1, 1995, Fourth
Edition.

ISO 24311984(E) Standard Cup 173.121.
Method.

ISO 25921973(E) Petroleum 173.120.
productsDetermination of flash
and fire pointsCleveland open
cup method.

ISO 29191980(E)Sealed 173.469.
radioactive sources
Classification.

ISO 30361975(E) Board 178.708.
Determination of puncture

resistance.

ISO 35741986(E) Coldreduced 178.503; Part 178, appendix C. carbon steel sheet of commercial
and drawing qualities.

ISO 41261 Safety valvesPart 1: 178.274.
General Requirements, December 15,
1991, First Edition.

ISO/TR 48261979(E)Sealed 173.469.
radioactive sourcesLeak test
methods.

ISO 6892 Metallic materials 178.274.
Tensile testing, July 15, 1984,
First Edition.

ISO 8115 Cotton balesDimensions 172.102.
and density, 1986 Edition.
National Board of Boiler and Pressure
Vessel Inspectors, 1055 Crupper
Avenue, Columbus, Ohio 43229:

National Board Inspection Code, A 180.413.
Manual for Boiler and Pressure
Vessel Inspectors, NB23, 1992
Edition.
National Fire Protection Association,
Batterymarch Park, Quincy, MA 02269:

NFPA 58Liquefied Petroleum Gas 173.315.
Code, 2001 Edition.
National Institute of Standards and
Technology, Department of Commerce,
5285 Port Royal Road, Springfield, VA

22151:

USDC, NBS Handbook H28 (1957), 179.2; 178.45; 178.46. 1957 Handbook of ScrewThread
Standards for Federal Services,
December 1966 Edition.
Organization for Economic Cooperation
and Development (OECD), OECD
Publications and Information Center,
2001 L Street, N.W., Suite 700,
Washington, DC 20036:

OECD Guideline for Testing of 173.137.
Chemicals, No. 404 ``Acute Dermal
Irritation/Corrosion,'' 1992.
Transport Canada, TDG Canadian
Government Publishing Center, Supply
and Services, Canada, Ottawa, Ontario,
Canada K1A 059:

[[Page 75740]]

Transportation of Dangerous Goods 171.12a; 172.401; 172.502; Regulations (TDG Regulations), 1 172.602.
July 1985, SOR/85/77,
incorporating the following
Registration Numbers: SOR/85314,
SOR/85585, SOR/85609, SOR/86
526, SOR/87186, SOR/87335, SOR/
88635, SOR/8939, SOR/89294, SOR/
90847, SOR/91711, SOR/91712,
SOR/92447, SOR/92600, SOR/93
203, SOR/93274, SOR/93525, SOR/
94146 and SOR/94264 (English
edition), SOR/95241, and SOR/95
547.
Truck Trailer Manufacturers
Association, 1020 Princess Street,
Alexandria, Virginia 22314:

TTMA RP No. 6198, Performance of 180.405.
manhole and/or Fill Opening
Assemblies on MC 306, DOT 406, Non
ASME MC 312 and NonASME DOT 412

Cargo Tanks, June 1, 1998.

TTMA RP No. 8197, Performance of 178.34510; 178.3463. Spring Loaded Pressure Relief
Valves on MC 306, MC 307, MC 312,
DOT 406, DOT 407, and DOT 412
Tanks, July 1, 1997 Edition.

TTMA TB No. 107, Procedure for 180.405.
Testing InService Unmarked and/or
Uncertified MC 306 and NonASME MC
312 Type Cargo Tank Manhole
Covers, June 1, 1998 Edition.
United Nations, United Nations Sales

Section, New York, NY 10017:

UN Recommendations on the Transport 171.12; 172.202; 172.401; of Dangerous Goods (UN 172.502; 173.22; 173.24; Recommendations), Twelfth Revised 173.24b; 173.197; Part 173, Edition (2001). appendix H; 178.274; 178.801.

UN Recommendations on the Transport 172.102; 173.21; 173.56; of Dangerous Goods, Manual of 173.57; 173.58; 173.124; Tests and Criteria (UN Manual of 173.125; 173.127; 173.128; Tests and Criteria), Third Revised 173.185.
Edition (1999).
(b) * * *
Source and name of material 49 CFR reference * * * * * * *
American Society for Testing and
Materials, 100 Barr Harbor Drive, West
Conshohocken, PA 19428:

Noncurrent ASTM Standards are
available from: Engineering
Societies Library, 354 East 47th
Street, New York, NY 10017

ASTM E 38089 Standards for Metric 171.10
Practice.
* * * * * * *
* * * * *
3. In Sec. 171.8, the definitions for ``Competent Authority,'' ``Liquid,'' ``Liquid phase,'' ``NPT,'' ``UN Recommendations,'' and ``UN standard packaging'' are revised to add the parenthetical phrase ``(IBR, see Sec. 171.7),'' and a definition for ``Incorporated by reference or IBR'' is added, to read as follows:
Sec. 171.8 Definitions and abbreviations.

* * * * *

Competent Authority means a national agency responsible under its national law for the control or regulation of a particular aspect of the transportation of hazardous materials (dangerous goods). The term Appropriate Authority, as used in the ICAO Technical Instructions (IBR, see Sec. 171.7), has the same meaning as Competent Authority. For purposes of this subchapter, the Associate Administrator is the Competent Authority for the United States.

* * * * *

Incorporated by reference or IBR means a publication or a portion of a publication that is made a part of the regulations of this subchapter. See Sec. 171.7.

* * * * *

Liquid means a material, other than an elevated temperature material, with a melting point or initial melting point of 20 [deg]C (68 [deg]F) or lower at a standard pressure of 101.3 kPa (14.7 psia). A viscous material for which a specific melting point cannot be determined must be subjected to the procedures specified in ASTM D 4359 ``Standard Test Method for Determining Whether a Material is Liquid or Solid'' (IBR, see Sec. 171.7).

Liquid phase means a material that meets the definition of liquid when evaluated at the higher of the temperature at which it is offered for transportation or at which it is transported, not at the 37.8 [deg]C (100 [deg]F) temperature specified in ASTM D 4359 (IBR, see Sec. 171.7).

* * * * *

NPT means an American Standard taper pipe thread conforming to the requirements of NBS Handbook H28 (IBR, see Sec. 171.7).

* * * * *

UN Recommendations means the UN Recommendations on the Transport of Dangerous Goods (IBR, see Sec. 171.7).

UN standard packaging means a packaging conforming to standards in the UN Recommendations (IBR, see Sec. 171.7).
* * * * *
4. In Sec. 171.10, paragraph (c)(1) is revised to read as follows: Sec. 171.10 Units of measure.
* * * * *
(c) * * *
(1) Conversion values are provided in the following table and are based on values provided in ASTM E 380, ``Standard for Metric Practice''.
* * * * *
[[Page 75741]]
Sec. 171.11 [Amended]
5. In Sec. 171.11, amend the introductory paragraph by removing the parenthetical phrase ``(incorporated by reference, see Sec. 171.7)'' and adding the parenthetical phrase ``(IBR, see Sec. 171.7)'' in its place.
6. In Sec. 171.12, paragraphs (b) introductory text, (d) introductory text, and paragraph (e)(5) are revised to read as follows:
Sec. 171.12 Import and export shipments.
* * * * *
(b) IMDG Code. The IMDG Code (IBR, see Sec. 171.7) sets forth descriptions, classifications, packagings, labeling and vessel stowage requirements. Notwithstanding the provisions of this subchapter, a material that is packaged, marked, classed, labeled, placarded, described, stowed and segregated, and certified (including a container packing certification, if applicable) in accordance with the IMDG Code, and otherwise conforms to the requirements of this section, may be offered and accepted for transportation and transported within the United States. The following conditions and limitations apply: * * * * *
(d) Use of International Atomic Energy Agency (IAEA) regulations for Class 7 (radioactive) materials. Class 7 (radioactive) materials being imported into or exported from the United States, or passing through the United States in the course of being shipped between places outside the United States, may be offered and accepted for transportation when packaged, marked, labeled, and otherwise prepared for shipment in accordance with IAEA ``Regulations for the Safe Transport of Radioactive Material,'' Safety Series No. 6 or TSR1 (IBR, see Sec. 171.7), if
* * * * *
(e) * * *
(5) A label or placard that conforms to the UN Recommendations (IBR, see Sec. 171.7) specifications for a ``Division 2.3'' or ``Division 6.1'' label or placard may be substituted for the POISON GAS or POISON INHALATION HAZARD label or placard required by Sec. Sec. 172.400(a) and 172.504(e) of this subchapter on a package transported in a closed transport vehicle or freight container. The transport vehicle or freight container must be marked with identification numbers for the material, regardless of the total quantity contained in the transport vehicle or freight container, in the manner specified in Sec. 172.313(c) of this subchapter and placarded as required by subpart F of this subchapter.
* * * * *
7. In Sec. 171.12a, paragraph (b) introductory text is revised to read as follows:
Sec. 171.12a Canadian shipments and packagings.
* * * * *
(b) Conditions and limitations. Notwithstanding the requirements of parts 172, 173, and 178 of this subchapter, and subject to the limitations of paragraph (a) of this section, a hazardous material that is classed, marked, labeled, placarded, described on a shipping paper, and packaged in accordance with the Transportation of Dangerous Goods (TDG) Regulations (IBR, see Sec. 171.7) issued by the Government of Canada may be offered for transportation and transported to or through the United States by motor vehicle or rail car. The following conditions and limitations apply:
* * * * *
PART 172HAZARDOUS 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. 51015127; 49 CFR 1.53.
PART 172[AMENDED]
9. In Part 172, amend the following sections by removing the parenthetical phrase ``(see Sec. 171.7 of this subchapter)'' and adding the parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)'' in each of the following places:
172.102(c)(1), Special provision 23
172.102(c)(1), Special provision 43
172.102(c)(1), Special provision 57
172.102(c)(1), Special provision 125
172.102(c)(1), Special provision 129
172.102(c)(1), Special provision 142
172.102(c)(7)(viii), Special provision TP6
172.202(e)
172.401(c)(1)
172.401(c)(3)
172.401(c)(4)
172.502(b)(1)
172.512(a)(3)
172.602(a)(1)

10. In Sec. 172.102:

a. In paragraph (c)(1), Special provisions 39, 44, 119, 132, 137, and 144 are revised.

b. In paragraph (c)(2), Special provision A52 is revised.

c. In paragraph (c)(3), Special provisions B13, c., and the text preceding the table in B33 are revised.

The revisions read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions

* * * * *

39 This substance may be carried under provisions other than those of Class 1 only if it is so packed that the percentage of water will not fall below that stated at any time during transport. When phlegmatized with water and inorganic inert material, the content of urea nitrate must not exceed 75 percent by mass and the mixture should not be capable of being detonated by test 1(a)(i) or test 1(a)(ii) in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter).

* * * * *

44 The formulation must be prepared so that it remains homogenous and does not separate during transport. Formulations with low nitrocellulose contents and neither showing dangerous properties when tested for their ability to detonate, deflagrate or explode when heated under defined confinement by the appropriate test methods and criteria in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter), nor classed as a Division 4.1 (flammable solid) when tested in accordance with the procedures specified in Sec. 173.124 of this subchapter (chips, if necessary, crushed and sieved to a particle size of less than 1.25 mm), are not subject to the requirements of this subchapter.

* * * * *

119 This substance, when in quantities of not more than 11.5 kg (25.3 pounds), with not less than 10 percent water, by mass, also may be classed as Division 4.1, provided a negative test result is obtained when tested in accordance with test series 6(c) of the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter). * * * * *

132 Ammonium nitrate fertilizers of this composition are not subject to the requirements of this subchapter if shown by a trough test (see UN Manual of Tests and Criteria, Part III, subsection 38.2) (IBR, see Sec. 171.7 of this subchapter) not to be liable to self sustaining decomposition and provided that they do not contain an excess of nitrate greater than 10% by mass (calculated as potassium nitrate).

* * * * *

137 Cotton, dry, is not subject to the requirements of this subchapter when it is baled in accordance with ISO 8115, ``Cotton BalesDimensions and
[[Page 75742]]
Density'' (IBR, see Sec. 171.7 of this subchapter) to a density of at least 360 kg/m3 (22.4lb/ft3) and it is transported in a freight container or closed transport vehicle.

* * * * *

144 If transported as a residue in an underground storage tank (UST), as defined in 40 CFR 180.12, that has been cleaned and purged or rendered inert according to the American Petroleum Institute (API) Standard 1604 (IBR, see Sec. 171.7 of this subchapter), then the tank and this material are not subject to any other requirements of this subchapter. However, sediments remaining in the tank that meet the definition for a hazardous material are subject to the applicable regulations of this subchapter.
(2) * * *
Code/Special Provisions

* * * * *

A52 A cylinder containing Oxygen, compressed, may not be loaded into a passengercarrying aircraft or into an inaccessible cargo location on a cargoonly aircraft unless it is placed in an overpack or outer packaging that conforms to the performance criteria of Air Transport Association (ATA) Specification No. 300 (IBR, see Sec. 171.7 of this subchapter) for Category I shipping containers.
* * * * *
(3) * * *
* * * * *

B13 * * *

c. Packagings are excepted from the design stress limits at elevated temperatures, as described in Section VIII of the ASME Code (IBR, see Sec. 171.7 of this subchapter). However, the design stress limits may not exceed 25 percent of the stress for 0 temper at the maximum design temperature of the cargo tank, as specified in the Aluminum Association's ``Aluminum Standards and Data'' (IBR, see Sec. 171.7 of this subchapter).

* * * * *

B33 MC 300, MC 301, MC 302, MC 303, MC 305, MC 306, and DOT 406 cargo tanks equipped with a 1 psig normal vent used to transport gasoline must conform to Table I of this Special Provision. Based on the volatility class determined by using ASTM D 439 and the Reid vapor pressure (RVP) of the particular gasoline, the maximum lading pressure and maximum ambient temperature permitted during the loading of gasoline may not exceed that listed in Table I.
* * * * *
11. In Sec. 172.400a, paragraph (a)(1)(iv) is revised to read as follows:
Sec. 172.400a Exceptions from labeling.
(a) * * *
(1) * * *
(iv) Durably and legibly marked in accordance with CGA C7, appendix A (IBR, see Sec. 171.7 of this subchapter).
* * * * *
12. In Sec. 172.401, paragraph (c)(2) is revised to read as follows: Sec. 172.401 Prohibited labeling.
* * * * *
(c) * * *
(2) The IMDG Code (IBR, see Sec. 171.7 of this subchapter); * * * * *
PART 173SHIPPERSGENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
13. The authority citation for part 173 continues to read as follows:

Authority: 49 U.S.C. 51015127, 44701; 49 CFR 1.45, 1.53. PART 173[AMENDED]
14. In Part 173, amend the following sections by removing the parenthetical phrase ``(incorporated by reference; see Sec. 171.7 of this subchapter)'' and adding the parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)'' in each of the following places: 173.115(c)(2)
173.198(a)
173.225(e)(3)(vi) note 173.301(c)
173.301(g)
173.304a(e)(1)(ii)
15. In Part 173, amend the following sections by removing the parenthetical phrase ``(incorporated by reference, see Sec. 171.7 of this subchapter)'' and adding the parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)'' in each of the following places: 173.316(a)(4)
173.318(a)(4)
173.415(d)
173.416(b)
173.417(a)(5)
173.417(a)(8)(i)
16. In Part 173, amend the following sections by removing the parenthetical phrase ``(see Sec. 171.7 of this subchapter)'' and adding the parenthetical phrase ``(IBR, see Sec. 171.7 of this subchapter)'' in each of the following places:
173.21(f) introductory text
172.21(f)(3)(ii)
173.24(d)(2)
173.32(c)(4)(i)
173.185(c)(3)
173.185(e)(6)
173.469(d)(1)
17. In Part 173, amend the following sections by removing the parenthetical phrase ``(incorporated by reference, see Sec. 171.7 of this subchapter)'' in each of the following places:
173.417(b)(4)
173.420(b)
173.420(c)
173.473(a)(1)
18. In Sec. 173.6, paragraph (a)(2) is revised to read as follows: Sec. 173.6 Materials of trade exceptions.
* * * * *
(a) * * *
(2) A Division 2.1 or 2.2 material in a cylinder with a gross weight not over 100 kg (220 pounds), or a permanently mounted tank manufactured to the ASME Code of not more than 70 gallon water capacity for a nonliquefied Division 2.2 material with no subsidiary hazard. * * * * *
19. In Sec. 173.22, paragraph (a)(2)(iii) is revised to read as follows:
Sec. 173.22 Shipper's responsibility.
* * * * *
(a) * * *
(2) * * *
(iii) National or international regulations based on the UN Recommendations (IBR, see Sec. 171.7 of this subchapter), as authorized in Sec. 173.24(d)(2);
* * * * *
20. In Sec. 173.24b, paragraph (e)(2) introductory text, and paragraphs (e)(2)(i) and (e)(2)(iii) are revised to read as follows: Sec. 173.24b Additional general requirements for bulk packagings. * * * * *
(e) * * *
(2) UN portable tanks manufactured outside the United States. A UN portable tank manufactured outside the United States, in accordance with national or international regulations based on the UN Recommendations (IBR, see Sec. 171.7 of this subchapter), which is an authorized packaging under Sec. 173.24 of this subchapter, may be filled, offered and transported in the United States, if the Sec. 172.101 Table of this subchapter authorizes the hazardous material for transportation in the UN portable tank and it conforms to the applicable T codes, and tank provision codes, or other special provisions assigned to the hazardous material in Column (7) of the Table when manufactured in a country other than the United States. In addition, the portable tank must
(i) Conform to applicable provisions in the UN Recommendations (IBR, see
[[Page 75743]]
Sec. 171.7 of this subchapter) and the requirements of this subpart; * * * * *
(iii) Be designed and manufactured according to the ASME Code (IBR, see Sec. 171.7 of this subchapter) or a pressure vessel design code approved by the Associate Administrator;
* * * * *
21. In Sec. 173.31, the first sentence in paragraph (b)(5) is revised to read as follows:
Sec. 173.31 Use of tank cars.
* * * * *
(b) * * *
(5) Bottomdiscontinuity protection requirements. No person may offer for transportation a hazardous material in a tank car with bottomdiscontinuity protection unless the tank car has bottom discontinuity protection that conforms to the requirements of E9.00 and E10.00 of the AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this subchapter). * * *
* * * * *
22. In Sec. 173.32, paragraphs (c)(4) introductory text and (c)(4)(i) are revised to read as follows:
Sec. 173.32 Requirements for the use of portable tanks.
* * * * *
(c) * * *
(4) Any portable tank container constructed prior to May 15, 1950, complying with the requirements of either the ASME Code for Unfired Pressure Vessels, 1946 Edition, or the API ASME Code for Unfired Pressure Vessels, 1943 Edition, may be used for the transportation of liquefied compressed gas, provided it fulfills all the requirements of the part and specifications for the particular gas or gases to be transported. Such portable tanks must be marked ``ICC Specification 51X'' on the plate required by the specification, except as modified by any or all of the following:
(i) Portable tanks designed and constructed in accordance with Pars. U68, U69, or U201 of the ASME Code, 1943 and 1946 editions, may be used. Portable tanks designed and constructed in accordance with Par. U68 or Par. U69 may be rerated at a working pressure 25 percent in excess of the design pressure for which the portable tank was originally constructed. If the portable tank is rerated, the rerated pressure must be marked on the plate as follows: ``Rerated working pressurepsig''.
* * * * *
23. In Sec. 173.56, paragraphs (b)(2)(i), (b)(3)(i), (b)(4), and (j)(1) are revised to read as follows:
Sec. 173.56 New explosivesdefinition and procedures for
classification and approval.
* * * * *
(b) * * *
(2) * * *
(i) U.S. Army Technical Center for Explosives Safety (SMCACEST), Naval Sea Systems Command (SEA9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Explosives Hazard Classification Procedures (IBR, see Sec. 171.7 of the subchapter); or
* * * * *
(3) * * *
(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or
* * * * *
(4) For a material shipped under the description of ``ammonium nitratefuel oil mixture (ANFO)'', the only test required for classification purposes is the Cap Sensitivity TestTest Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see Sec. 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.
* * * * *
(j) * * *
(1) The fireworks are manufactured in accordance with the applicable requirements in APA Standard 871 (IBR, see Sec. 171.7 of this subchapter);
* * * * *
24. In Sec. 173.57, paragraph (a) introductory text is revised to read as follows:
Sec. 173.57 Acceptance criteria for new explosives.
(a) Unless otherwise excepted, an explosive substance must be subjected to the Drop Weight Impact Sensitivity Test (Test Method 3(a)(i)), the Friction Sensitivity Test (Test Method 3(b)(iii)), the Thermal Stability Test (Test Method 3(c)) at 75 [deg]C (167 [deg]F) and the SmallScale Burning Test (Test Method 3(d)(i)), each as described in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see Sec. 171.7 of this subchapter). A substance is forbidden for transportation if any one of the following occurs:
* * * * *
25. In Sec. 173.58, paragraph (a) introductory text is revised to read as follows:
Sec. 173.58 Assignment of class and division for new explosives. (a) Division 1.1, 1.2, 1.3, and 1.4 explosives. In addition to the test prescribed in Sec. 173.57 of this subchapter, a substance or article in these divisions must be subjected to Test Methods 6(a), 6(b), and 6(c), as described in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter), for assignment to an appropriate division. The criteria for assignment of class and division are as follows:
* * * * *
26. In Sec. 173.63, paragraph (f)(2) is revised to read as follows: Sec. 173.63 Packaging exceptions.
(f) * * *
(2) IME Standard 22 container (IBR, see Sec. 171.7 of this subchapter) or compartment is used as the outer packaging;
* * * * *
27. In Sec. 173.120, paragraphs (a)(3), (a)(4), and (b)(3) are revised to read as follows:
Sec. 173.120 Class 3Definitions.
(a) * * *
(3) Any liquid with a flash point greater than 35 [deg]C (95 [deg]F) that does not sustain combustion according to ASTM D 4206 (IBR, see Sec. 171.7 of this subchapter) or the procedure in appendix H of this part.
(4) Any liquid with a flash point greater than 35 [deg]C (95 [deg]F) and with a fire point greater than 100 [deg]C (212 [deg]F) according to ISO 2592 (IBR, see Sec. 171.7 of this subchapter). * * * * *
(b) * * *
(3) A combustible liquid that does not sustain combustion is not subject to the requirements of this subchapter as a combustible liquid. Either the test method specified in ASTM D 4206 or the procedure in appendix H of this part may be used to determine if a material sustains combustion when heated under
[[Page 75744]]
test conditions and exposed to an external source of flame. * * * * *
28. In Sec. 173.121, paragraph (b)(2)(i) is revised to read as follows:
Sec. 173.121 Class 3Assignment of packing group.
(b) * * *
(2) * * *
(i) Viscosity test. The flow time in seconds is determined at 23 [deg]C (73.4 [deg]F) using the ISO standard cup with a 4 mm (0.16 inch) jet as set forth in ISO 2431 (IBR, see Sec. 171.7 of this subchapter). Where the flow time exceeds 100 seconds, a further test is carried out using the ISO standard cup with a 6 mm (0.24 inch) jet.
* * * * *
29. In Sec. 173.124, paragraph (a)(2)(iii)(C), (a)(2)(iv), (a)(3)(ii), and (a)(3)(iii) are revised to read as follows:
Sec. 173.124 Class 4, Divisions 4.1, 4.2 and 4.3Definitions. * * * * *
(a) * * *
(2) * * *
(iii) * * *
(C) Performance of the selfreactive material under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter) and the provisions of paragraph (a)(2)(iii) of this section; and
* * * * *
(iv) Tests. The generic type for a selfreactive material must be determined using the testing protocol from Figure 14.2 (Flow Chart for Assigning SelfReactive Substances to Division 4.1) from the UN Manual of Tests and Criteria.
* * * * *
(3) * * *
(ii) Show a burning rate faster than 2.2 mm (0.087 inches) per second when tested in accordance with the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter); or
(iii) Any metal powders that can be ignited and react over the whole length of a sample in 10 minutes or less, when tested in accordance with the UN Manual of Tests and Criteria.
* * * * *
30. In Sec. 173.125, paragraph (a) is revised to read as follows: Sec. 173.125 Class 4Assignment 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 the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter) and by applying the appropriate criteria given in this section.
* * * * *
31. In Sec. 173.127, paragraph (a)(1) is revised to read as follows: Sec. 173.127 Class 5, Division 5.1Definition and assignment of packing groups.
(a) * * *
(1) A solid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter), its mean burning time is less than or equal to the burning time of a 3:7 potassium bromate/cellulose mixture. * * * * *
32. In Sec. 173.128, paragraphs (c)(3) and (e) are revised to read as follows:
Sec. 173.128 Class 5, Division 5.2Definitions and types.
* * * * *
(c) * * *
(3) Performance of the organic peroxide under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter), and the provisions of paragraph (d) of this section.
* * * * *
(e) Tests. The generic type for an organic peroxide shall be determined using the testing protocol from Figure 20.1(a)
(Classification and Flow Chart Scheme for Organic Peroxides) from the UN Manual of Tests and Criteria (IBR, see Sec. 171.7 of this subchapter).
33. In Sec. 173.137, the introductory paragraph is revised to read as follows:

Sec. 173.137 Class 8Assignment of packing group.

The packing group of a Class 8 material is indicated in Column 5 of the Sec. 172.101 Table. When the Sec. 172.101 Table provides more than one packing group for a Class 8 material, the packing group must be determined using data obtained from tests conducted in accordance with the 1992 OECD Guideline for Testing of Chemicals, Number 404, ``Acute Dermal Irritation/Corrosion'' (IBR, see Sec. 171.7 of this subchapter) as follows:
* * * * *
34. In Sec. 173.158, paragraph (b)(1)(v) is revised to read as follows:
Sec. 173.158 Nitric acid.
* * * * *
(b) * * *
(1) * * *
(v) All parts of drum exposed to lading must be capable of withstanding the corrosive effect of nitric acid to the extent that 65 percent boiling nitric acid does not penetrate the metal more than 0.0381 mm (0.002 inches) per month. (ASTM A 262 may be used for a suitable corrosion test procedure.)
* * * * *
35. In Sec. 173.197, paragraph (c) introductory text is revised to read as follows:
Sec. 173.197 Regulated medical waste.
* * * * *
(c) Large Packagings. Large Packagings constructed, tested, and marked in accordance with the requirements of the UN Recommendations (IBR, see Sec. 171.7 of this subchapter) and conforming to other requirements of this paragraph (c) may be used for the transportation of regulated medical waste, provided the waste is contained in inner packagings conforming to the requirements of paragraph (e) of this section. Each Large Packaging design must be capable of meeting the vibration test specified in Sec. 178.819 of this subchapter. Each Large Packaging is subject to the periodic design requalification requirements for IBCs in Sec. 178.801(e) of this subchapter, and to the proof of compliance requirements of Sec. 178.801(j) and record retention requirements of Sec. 178.801(l) of this subchapter. Inner packagings used for liquids must be rigid.
* * * * *
36. In Sec. 173.225, paragraph (e)(4) is revised to read as follows: Sec. 173.225 Packaging requirements and other provisions for organic peroxides.
* * * * *
(e) * * *
(4) For tertiary butyl hydroperoxide (TBHP), each tank car, cargo tank or portable tank must contain 7.6 cm (3.0 inches) low density polyethylene (PE) saddles having a melt index of at least 0.2 grams per 10 minutes, as set forth in ASTM D 1238, condition E (IBR, see Sec. 171.7 of this subchapter), as part of the lading, with a ratio of PE to TBHP over a range of 0.008 to 0.012 by mass. Alternatively, plastic or metal containers equipped with fusible plugs having a melting point between 69 [deg]C (156 [deg]F) and 71 [deg]C (160 [deg]F) and filled with a sufficient quantity of water to dilute the TBHP to 65 percent or less by mass may be used. The PE saddles must be visually inspected after each trip and, at a minimum, once every 12 months, and replaced when discoloration,
[[Page 75745]]
fracture, severe deformation, or other indication of change is noted. * * * * *
37. In Sec. 173.249, paragraph (d) is revised to read as follows: Sec. 173.249 Bromine.
* * * * *
(d) The tank must be made from nickelclad or leadlined steel plate. Nickel cladding or lead lining must be on the inside of the tank. Nickel cladding must comprise at least 20 percent of the required minimum total thickness. Nickel cladding must conform to ASTM B 162 (IBR, see Sec. 171.7 of this subchapter). Lead lining must be at least 4.763 mm (0.188 inch) thick. All tank equipment and appurtenances in contact with the lading must be lined or made from metal not subject to deterioration by contact with lading.
* * * * *
38. In Sec. 173.301, paragraph (f)(1) is revised to read to read as follows:
Sec. 173.301 General requirements for shipment of compressed gases in cylinders and spherical pressure vessels.
* * * * *
(f) * * *
(1) Except as provided in paragraphs (f)(5) and (f)(6) of this section, a cylinder filled with a gas and offered for transportation must be equipped with one or more pressure relief devices sized and selected as to type, location, and quantity, and tested in accordance with CGA S1.1 (compliance with paragraph 9.1.1.1 of CGA S1.1 is not required) and S7. The pressure relief device must be capable of preventing rupture of the normally filled cylinder when subjected to a fire test conducted in accordance with CGA C14 (IBR, see Sec. 171.7 of this subchapter), or, in the case of an acetylene cylinder, CGA C12 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
39. In Sec. 173.302, paragraph (b)(3) is revised to read as follows: Sec. 173.302 Filling of cylinders with nonliquefied (permanent) compressed gases.
* * * * *
(b) * * *
(3) Each cylinder must be cleaned in accordance with the requirements of GSA Federal Specification RRC901C, paragraphs 3.3.1 and 3.3.2 (IBR, see Sec. 171.7 of this subchapter). Cleaning agents equivalent to those specified in Federal Specification RRC901C may be used provided they do not react with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Federal Specification RRC901C, paragraph 4.4.2.2, and meet the specified standard of cleanliness.
* * * * *
40. In Sec. 173.302a, the definition of ``K'' in paragraph (b)(3)(i)(A) and paragraph (b)(3)(iii) are revised to read as follows: Sec. 173.302a Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders.
* * * * *
(b) * * *
(3) * * *
(i) * * *
(A) * * *

Where: * * *

K = factor x 10 ⁷ experimentally determined for the particular type of cylinder being tested or derived in accordance with CGA C5 (IBR, see Sec. 171.7 of this subchapter);
* * * * *
(iii) Compliance with average wall stress limitation may be determined by computing the elastic expansion rejection limit in accordance with CGA C5, by reference to data tabulated in CGA C5, or by the manufacturer's marked elastic expansion rejection limit (REE) on the cylinder.
* * * * *
41. In Sec. 173.303, paragraphs (a) and (e) are revised to read as follows:
Sec. 173.303 Charging of cylinders with compressed gas in solution (acetylene).
(a) Cylinder, filler and solvent requirements. (Refer to applicable parts of Specification 8 and 8AL). Acetylene gas must be shipped in Specification 8 or 8AL cylinders (Sec. 178.59 or Sec. 178.60 of this subchapter). The cylinders shall consist of metal shells filled with a porous material, and this material must be charged with a suitable solvent. The cylinders containing the porous material and solvent shall be successfully tested in accordance with CGA C12 (IBR, see Sec. 171.7 of this subchapter). Representative samples of cylinders charged with acetylene must be successfully tested in accordance with CGA C12. * * * * *
(e) Prefill requirements. Before each filling of an acetylene cylinder, the person filling the cylinder must visually inspect the outside of the cylinder in accordance with the prefill requirements contained in CGA C13, Section 3 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
42. In Sec. 173.306, paragraphs (e)(1)(iii) and (e)(1)(v) are revised to read as follows:
Sec. 173.306 Limited quantities of compressed gases.
* * * * *
(e) * * *
(1) * * *
(iii) Each pressure vessel must be equipped with a safety device meeting the requirements of ANSI/ASHRAE 15 (IBR, see Sec. 171.7 of this subchapter).
* * * * *
(v) Pressure vessels must be manufact

FOR FURTHER INFORMATION CONTACT Eileen Edmonson, Office of Hazardous Materials Standards, (202) 3668553, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 205900001.