Hazardous materials: Regulations clarifications and editorial corrections,
[Federal Register: September 7, 2004 (Volume 69, Number 172)]
[Rules and Regulations]
[Page 54042-54047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07se04-11]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 106, 107, 171, 172, 173, 178, 179 and 180
[Docket No. RSPA-04-16099 (HM-189W)]
RIN 2137-AD99
Hazardous Materials Regulations: Minor Editorial Corrections and Clarifications
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
SUMMARY: This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.
DATES: Effective date: October 1, 2004.
FOR FURTHER INFORMATION CONTACT: Darral Relerford, Office of Hazardous Materials Standards, (202) 366-8553, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
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Background
The Research and Special Programs Administration (RSPA, we) annually
[[Page 54043]]
reviews the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) to identify errors that may confuse readers. Inaccuracies corrected in this final rule include typographical and printing errors, incorrect references to regulations in the CFR, inconsistent use of terminology, and misstatements of certain regulatory requirements. In addition, we are making certain other changes to improve the clarity of certain HMR requirements.
Because these amendments do not impose new requirements, notice and public procedure are unnecessary. In addition, making these amendments effective without the customary 30-day delay following publication will allow the changes to appear in the next revision of 49 CFR.
The following is a section-by-section summary of the amendments made under this final rule. It does not discuss all minor editorial corrections (for example, punctuation errors) and certain other minor adjustments to enhance the clarity of the HMR.
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Section-by-Section Review
Part 106
Section 106.70. In paragraph (b), in the first sentence, the wording ``on you which are commenting'' is revised to read ``on which you are commenting.''
Part 107
Section 107.219. In paragraph (c), we are removing an obsolete reference to Sec. 107.201(c).
Appendix A to Subpart D of Part 107: In Appendix A to subpart D of part 107, in the List of Frequently Cited Violations in Part II, under the heading ``General Requirements'' under ``B. Training requirements:'' entry 2. b., we are updating the Baseline assessment from ``$250'' to read ``$275''. Also under the heading ``Offeror Requirements--All hazardous materials,'' under ``D. Package Marking Requirements,'' we are correcting the section reference ``Sec. 172.303(a)(4)'' to read ``Sec. 172.304(a)(4)'' in entry 8.
Part 171
Section 171.6. In paragraph (b)(2), the table of OMB control numbers is revised to reflect current affected sections for OMB Control Number 2137-0557.
Part 172
Section 172.101 Hazardous Materials Table (HMT). We are amending the HMT to correct certain entries, as follows:
--For the entry ``Detonators, non-electric, for blasting,'' UN0455, in column (10A), the vessel stowage location code ``5'' is corrected to read ``05.'' --For the entry ``Etching acid, liquid, n.o.s., see Hydrofluoric acid, solution etc.,'' in Column (2), the word ``solution'' is corrected from Roman type to italics. --For the entry ``Gasoline,'' 3, UN1203, in column (7), Special Provision ``B101'' is corrected to read ``B1.'' --For the entry ``Methyl mercaptopropionaldehyde, see Thia-4- pentanal,'' in Column (2), the word ``Thia-4-pentanal'' is corrected to read ``4-Thiapentanal.'' --For the entry ``Perfumery Products, with flammable solvents,'' UN1266, Packing Group II, in column (9A), the quantity limitation for passenger aircraft/rail is corrected to read ``15 L.'' This error appears in Docket No. RSPA-2004-18575 (HM-189X) effective October 1, 2004 (July 13, 2004; 69 FR 41967). --For the entry ``Self-reactive liquid type F, UN3229,'' Column (1) is revised by reinstating the letter ``G,'' which was inadvertently omitted in a recent rulemaking published on June 22, 2004, under Docket No. RSPA 2003-13658 (HM-215E), ``Response to Appeals and Corrections,'' (69 FR 34604). --For the entry ``Wood preservatives, UN1306,'' the proper shipping name is corrected to read, ``Wood preservatives, liquid.'' This error appears in Docket No. RSPA-2004-18575 (HM-189X).
Section 172.102. In paragraph (c)(7)(vi)(D)(3), we are correcting the spelling of the word ``not.''
Section 172.202. In paragraph (a)(2), we are correcting the reference to the section number for the Hazardous Materials Table. In paragraph (a)(2)(ii), we are correcting a proper shipping name by adding ``n.o.s.'' to ``Combustible liquid.''
Section 172.512. In paragraphs (a)(3) and (b)(3), we are correcting section references.
Part 173
Section 173.32. In paragraph (c)(3), in the second sentence, we are correcting the reference ``Sec. 178.275(f)(4)'' to read ``Sec. 178.275(f)(1).''
Section 173.61. In paragraph (c), we are correcting the ID number ``NA 0350'' to read ``UN 0350.''
Section 173.133. Paragraphs (b)(1)(i) and (iii), in the formula, we are correcting ``LC50i'' to read ``LC50i'' and ``LC50i'' to read ``LC50i.''
Section 173.185. Paragraphs (g)(2) and (j) are corrected to provide the correct section reference.
Section 173.225. In the Organic Peroxide Table, for the entry ``tert-Butyl peroxyneodecanoate [as a stable dispersion in water],'' UN3117, 50of the mixture is estimated using the formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.000
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(iii) The ratio of the volatility to the LC50is calculated using the formula:
[GRAPHIC] [TIFF OMITTED] TR07SE04.001
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Sec. 173.185 [Amended].
0 17. In Sec. 173.185, the following changes are made: 0 a. In paragraph (g)(2), the wording ``(e)(5)'' is revised to read ``(e)(4)''. 0 b. In paragraph (j), the wording ``(e)(5)'' is revised to read ``(e)(4)''.
Sec. 173.225 [Amended].
0 18. In Sec. 173.225, in the paragraph (b), in the Organic Peroxide Table, for the entry ``tert-Butyl peroxyneodecanoate [as a stable dispersion in water], UN3117,
