[Federal Register: December 31, 2003 (Volume 68, Number 250)]
[Rules and Regulations]               
[Page 75733-75765]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de03-28]                         


[[Page 75733]]

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Part II





Department of Transportation





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Research and Special Programs Administration



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49 CFR Parts 171, 172, et al.



Hazardous Materials: Matter Incorporated by Reference; Final Rule


[[Page 75734]]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

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

[Docket No. RSPA-03-15574 (HM-189U)]
RIN 2137-AD83

 
Hazardous Materials: Matter Incorporated by Reference

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

ACTION: Final rule.

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

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.

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, 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:

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 
standard-setting organizations and the hazardous materials industry to 
establish certain requirements in the Hazardous Materials Regulations 
(HMR; 49 CFR Parts 171-180). 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. 02-13658 (HM-215E), 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 30-day 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 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

    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.


0
In consideration of the foregoing, 49 CFR Chapter I is amended as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

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


Sec.  171.7  [Amended]

0
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 20004-1707:
    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 15-94, Safety Code for   173.306; 173.307.
     Mechanical Refrigeration.
    ANSI B16.5-77, Steel Pipe Flanges,   178.360-4.
     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 87-1, 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
 07007-2900:

[[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; 178.245-1; 178.245-3;
     Society of Mechanical Engineers      178.245-4; 178.245-6; 178.245-
     Boiler and Pressure Vessel Code.     7; 178.255-1; 178.255-2;
                                          178.255-14; 178.255-15;
                                          178.270-2; 178.270-3; 178.270-
                                          7; 178.270-9; 178.270-11;
                                          178.270-12; 178.271-1; 178.272-
                                          1; 178.273; 178.274; 178.276;
                                          178.277; 178.320; 178.337-1;
                                          178.337-2; 178.337-3; 178.337-
                                          4; 178.337-6; 178.337-16;
                                          178.337-18; 178.338-1; 178.338-
                                          2; 178.338-3; 178.338-4;
                                          178.338-5; 178.338-6; 178.338-
                                          13; 178.338-16; 178.338-18;
                                          178.338-19; 178.345-1; 178.345-
                                          2; 178.345-3; 178.345-4;
                                          178.345-7; 178.345-14; 178.345-
                                          15; 178.346-1; 178.347-1;
                                          178.348-1; 179.400-3; 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 20M-93a Standard         178.337-2; 179.102-4; 179.102-
     Specification for General            1; 179.102-17.
     Requirements for Steel Plates for
     Pressure Vessels.
    ASTM A 47-68 Malleable Iron          179.200-15.
     Castings.
    ASTM A 240/A 240M-99b Standard       178.57; 178.358-5; 179.100-7;
     Specification for Heat-Resisting     179.100-10; 179.102-1; 179.102-
     Chromium and Chromium-Nickel         4; 179.102-17; 179.200-7;
     Stainless Steel Plate, Sheet and     179.201-5; 179.220-7; 179.300-
     Strip for Pressure Vessels.          7; 179.400-5.
    ASTM A 242-81 Standard               178.338-2.
     Specification for High-Strength
     Low-Alloy Structural Steel.
    ASTM A 262-93a Standard Practices    179.100-7; 179.200-7; 179.201-
     for Detecting Susceptibility to      4.
     Intergranular Attack in Austenitic
     Stainless Steels.
    ASTM A 285-78 Pressure Vessel        179.300-7.
     Plates, Carbon Steel, Low- and
     Intermediate-Tensile Strength.
    ASTM A 300-58 Steel Plates for       178.337-2.
     Pressure Vessels for Service at
     Low Temperatures.
    ASTM A 302/A 302M-93 Standard        179.100-7; 179.200-7; 179.220-
     Specification for Pressure Vessel    7.
     Plates, Alloy Steel, Manganese-
     Molybdenum and Manganese-
     Molybdenum Nickel.
    ASTM A 333-67 Seamless and Welded    178.45.
     Steel Pipe for Low-Temperature
     Service.
    ASTM A 370-94 Standard Test 179.102- 179.102-17.
     1; 179.102-4; Methods and
     Definitions for Mechanical Testing
     of Steel Products.
    ASTM A 441-81 Standard               178.338-2.
     Specification for High-Strength
     Low-Alloy Structural Manganese
     Vanadium Steel.
    ASTM A 514-81 Standard               178.338-2.
     Specification for High-Yield
     Strength Quenched and Tempered
     Alloy Steel Plate, Suitable for
     Welding.
    ASTM A 515/A 515M-03 Standard        179.300-7.
     Specification for Pressure Vessel
     Plates, Carbon Steel, for
     Intermediate- and Higher-
     Temperature Service.
    ASTM A 516/A 516M-90 Standard        178.337-2; 179.100-7; 179.102-
     Specification for Pressure Vessel    1; 179.102-2; 179.102-4;
     Plates, Carbon Steel, for Moderate   179.102-17; 179.200-7; 179.220-
     and Lower-Temperature Service.       7; 179.300-7.
    ASTM A 537/A 537M-91 Standard        179.100-7; 179.102-4; 179.102-
     Specification for Pressure Vessel    17.
     Plates, Heat-Treated, Carbon-
     Manganese-Silicon Steel.
    ASTM A 572-82 Standard               178.338-2.
     Specification for High-Strength
     Low-Alloy Columbian-Vanadium
     Steels of Structural Quality.
    ASTM A 588-81 Standard               178.338-2.
     Specification for High-Strength
     Low-Alloy Structural Steel with 50
     Ksi Minimum Yield Point to 4 in.
     Thick.
    ASTM A 606-75 Standard               178.338-2.
     Specification for Steel Sheet and
     Strip Hot- Rolled and Cold-Rolled,
     High-Strength, Low-Alloy, with
     Improved Atmospheric Corrosion
     Resistance, 1975 (Reapproved 1981).
    ASTM A 607-98 Standard               178.338-2.
     Specification for Steel, Sheet and
     Strip, High-Strength, Low-Alloy,
     Columbium or Vanadium, or Both,
     Hot-Rolled and Cold-Rolled.
    ASTM A 612-72a High Strength Steel   178.337-2.
     Plates for Pressure Vessels for
     Moderate and Lower Temperature
     Service.
    ASTM A 633-79a Standard              178.338-2.
     Specification for Normalized High-
     Strength Low-Alloy Structural
     Steel, 1979 Edition.
    ASTM A 715-81 Standard               178.338-2.
     Specification for Steel Sheet and
     Strip, Hot-Rolled, High-Strength,
     Low-Alloy with Improved
     Formability, 1981.
    ASTM B 162-93a Standard              173.249; 179.200-7.
     Specification for Nickel Plate,
     Sheet, and Strip.
    ASTM B 209-93 Standard               179.100-7; 179.200-7; 179.220-
     Specification for Aluminum and       7.
     Aluminum-Alloy Sheet and Plate.
    ASTM B 221-76 Aluminum Alloy         178.46.
     Extruded Bars, Rods, Shapes, and
     Tubes.

[[Page 75737]]


    ASTM B 557-84 Tension Testing        178.46.
     Wrought and Cast Aluminum and
     Magnesium-Alloy Products.
    ASTM B 580-79 Standard               173.316; 173.318; 178.338-17.
     Specification for Anodic Oxide
     Coatings on Aluminum, (Re-approved
     2000).
    ASTM D 1238-90b Standard Test        173.225.
     Method for Flow Rates of
     Thermoplastics for Extrusion
     Plastometer.
    ASTM D 1709-01 Standard Text         173.197.
     Methods for Impact Resistance of
     Plastic Film by the Free-Falling
     Dart Method.
    ASTM D 1835-97 Standard              180.209.
     Specification for Liquefied
     Petroleum (LP) Gases.
    ASTM D 1838-64 Copper Strip          173.315.
     Corrosion by Liquefied Petroleum
     (LP) Gases.
    ASTM D 1922-00a Standard Test        173.197.
     Method for Propogation Tear
     Resistance of Plastic Film and
     Thin Sheeting by Pendulum Method.
    ASTM D 4206-96 Standard Test Method  173.120.
     for Sustained Burning of Liquid
     Mixtures Using the Small Scale
     Open-Cup Apparatus.
    ASTM D 4359-90 Standard Test Method  171.8.
     for Determining Whether a Material
     is a Liquid or a Solid.
    ASTM E 8-99 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 23-98 Standard Test Methods   178.57.
     for Notched Bar Impact Testing of
     Metallic Materials.
    ASTM E 112-88 Standard Test Methods  178.44.
     for Determining Average Grain Size.
    ASTM E 112-96 Standard Test Methods  178.274; Part 178, appendix A.
     for Determining Average Grain
     Size, 1996 Edition.
    ASTM E 114-95 Standard Practice for  178.45.
     Ultrasonic Pulse-Echo Straight-
     Beam Examination by the Contact
     Method.
    ASTM E 213-98 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 C207-55, Steel Pipe    178.360-4.
     Flanges, 1955.
American Welding Society, 550 N.W. Le
 Jeune Road, Miami, Florida 33126:
    AWS Code B 3.0; Standard             178.356-2, 178.358-2.
     Qualification Procedure; 1972 (FRB
     3.0-41, rev. May 1973).
    AWS Code D 1.0; Code for Welding in   178.356-2; 178.358-2.
     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; 179.100-9; 179.100-10;
     Cars, Specification M-1002, (AAR     179.100-12; 179.100-13;
     Specifications for Tank Cars),       179.100-14; 179.100-18;
     December 2000.                       179.101-1; 179.102-1; 179.102-
                                          4; 179.102-17; 179.103-5;
                                          179.200-7; 179.200-9; 179.200-
                                          10; 179.200-11; 179.200-13;
                                          179.200-17; 179.200-22;
                                          179.201-6; 179.220-6; 179.220-
                                          7; 179.220-10; 179.220-11;
                                          179.220-14; 179.220-18;
                                          179.220-26; 179.300-9; 179.300-
                                          10; 179.300-15; 179.300-17;
                                          179.400-5; 179.400-6; 179.400-
                                          8; 179.400-11; 179.400-12;
                                          179.400-15; 179.400-18;
                                          179.400-20; 179.400-25;
                                          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 100-lb. & 150-lb.
     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.
     Shut-Off Systems for Bulk Transfer
     of Chlorine, 3rd Edition, October
     1997.
    Standard Chlorine Angle Valve        178.337-9.
     Assembly, Dwg. 104-8, July 1993.
    Excess Flow Valve with Removable     178.337-8.
     Seat, Dwg. 101-7, July 1993.
    Excess Flow Valve with Removable     178.337-8.
     Basket, Dwg. 106-6, July 1993.

[[Page 75738]]


    Standards for Housing and Manway     178.337-10.
     Covers for Steel Cargo Tanks,
     Dwgs. 137-1 and 137-2, September
     1, 1982.
Compressed Gas Association, Inc., 4221
 Walney Road, 5th Floor, Chantilly,
 Virginia 20151:
    CGA Pamphlet C-3, Standards for      178.47; 178.50; 178.51; 178.53;
     Welding on Thin-Walled 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 C-5, Cylinder Service   173.302a.
     Life--Seamless Steel High Pressure
     Cylinders, 1991.
    CGA Pamphlet C-6, Standards for      173.198; 180.205; 180.209;
     Visual Inspection of Steel           180.211; 180.411; 180.519.
     Compressed Gas Cylinders, 1993.
    CGA Pamphlet C-6.1, Standards for    180.205; 180.209.
     Visual Inspection of High Pressure
     Aluminum Compressed Gas Cylinders,
     1995.
    CGA Pamphlet C-6.2, Guidelines for   180.205.
     Visual Inspection and
     Requalification of Fiber
     Reinforced High Pressure
     Cylinders, 1996, Third Edition.
    CGA Pamphlet C-6.3, Guidelines for   180.205; 180.209.
     Visual Inspection and
     Requalification of Low Pressure
     Aluminum Compressed Gas Cylinders,
     1991.
    CGA Pamphlet C-7, A Guide for the    172.400a.
     Preparation of Precautionary
     Markings for Compressed Gas
     Containers, appendix A, issued
     1992 (6th Edition).
    CGA Pamphlet C-8, Standard for       180.205; 180.209.
     Requalification of DOT-3HT
     Cylinder Design, 1985.
    CGA Pamphlet C-11, Recommended       178.35.
     Practices for Inspection of
     Compressed Gas Cylinders at Time
     of Manufacture, 2001, Third
     Edition.
    CGA Pamphlet C-12, Qualification     173.301; 173.303; 178.59;
     Procedure for Acetylene Cylinder     178.60.
     Design, 1994.
    CGA Pamphlet C-13, Guidelines for    173.303; 180.205; 180.209.
     Periodic Visual Inspection and
     Requalification of Acetylene
     Cylinders, 2000, Fourth Edition.
    CGA Pamphlet C-14, Procedures for    173.301; 173.323.
     Fire Testing of DOT Cylinder
     Pressure Relief Device Systems,
     1979.
    CGA Pamphlet G-2.2 Tentative         173.315.
     Standard Method for Determining
     Minimum of 0.2% Water in Anhydrous
     Ammonia, 1985.
    CGA Pamphlet G-4.1, Cleaning         178.338-15.
     Equipment for Oxygen Service, 1985.
    CGA Pamphlet P-20, Standard for the  173.115.
     Classification of Toxic Gas
     Mixtures, 1995.
    CGA Pamphlet S-1.1, Pressure Relief  173.301; 173.304a.
     Device Standards--Part 1--
     Cylinders for Compressed Gases,
     2001 (with the exception of
     paragraph 9.1.1.1), Ninth Edition.
    CGA Pamphlet S-1.2, Safety Relief    173.315; 173.318; 178.276;
     Device Standards Part 2--Cargo and   178.277.
     Portable Tanks for Compressed
     Gases, 1980.
    CGA Pamphlet S-7, Method for         173.301.
     Selecting Pressure Relief Devices
     for Compressed Gas Mixtures in
     Cylinders, 1996.
    CGA Technical Bulletin TB-2,         180.407; 180.413.
     Guidelines for Inspection and
     Repair of MC-330 and MC-331 Cargo
     Tanks, 1980.
Department of Defense (DOD), 2461
 Eisenhower Avenue, Alexandria, VA
 22331:
    DOD TB 700-2; NAVSEAINST 8020.8B;    173.56.
     AFTO 11A-1-47; 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, CAPE-1662, Revision 1, and    178.356-1; 178.356-2; 178.358-
     Supplement 1, Civilian Application   1; 178.358-2; 178.358-3;
     Program Engineering Drawings,        178.358-4.
     April 6, 1988.
    USDOE, Material and Equipment        178.356-2; 178.358-2.
     Specification No. SP-9, Rev. 1,
     and Supplement--Fire Resistant
     Phenolic Foam, March 28, 1968.
    USDOE, ORO 651--Uranium              173.417.
     Hexafloride; A Manual of Good
     Practices, Revision 6, 1991
     edition.
    USDOE, KSS-471, November 30, 1986--  178.358-1; 178.358-3.
     Proposal for Modifications to U.S.
     Department of Transportation
     Specification 21PF-1, 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 RR-C-901C,     173.302; 173.336; 173.337.
     Cylinders, Compressed Gas: High
     Pressure Steel DOT 3AA, and
     Aluminum Applications, January 15,
     1981 (Superseding RR-C-901B,
     August 1, 1967).

[[Page 75739]]


Institute of Makers of Explosives, 1120
 19th Street NW., Suite 310,
 Washington, DC 20036-3605:
    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, A-1400 Vienna, Austria:
    Also available from: Bernan
     Associates, 4611-F Assembly Drive,
     Lanham, MD 20706-4391, 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. TS-R-1, 1996 Edition
     (Revised), (ST-1, 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 9284-AN/905, 2003-2004
     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 II-2/
     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 31-02 (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 82-74(E) Steels Tensile Testing  178.270-3.
    ISO 535-1991(E) Paper and board--    178.516; 178.707; 178.708.
     Determination of water
     absorptiveness--Cobb method.
    ISO 1496-3-1995(E)--Series Freight   1173.411; 178.274.
     Containers--Specification and
     Testing--Part 3: Tank Containers
     for Liquids, Gases and Pressurized
     Dry Bulk March 1, 1995, Fourth
     Edition.
    ISO 2431-1984(E) Standard Cup        173.121.
     Method.
    ISO 2592-1973(E) Petroleum           173.120.
     products--Determination of flash
     and fire points--Cleveland open
     cup method.
    ISO 2919-1980(E)--Sealed             173.469.
     radioactive sources--
     Classification.
    ISO 3036-1975(E) Board--             178.708.
     Determination of puncture
     resistance.
    ISO 3574-1986(E) Cold-reduced        178.503; Part 178, appendix C.
     carbon steel sheet of commercial
     and drawing qualities.
    ISO 4126-1 Safety valves--Part 1:    178.274.
     General Requirements, December 15,
     1991, First Edition.
    ISO/TR 4826-1979(E)--Sealed          173.469.
     radioactive sources--Leak test
     methods.
    ISO 6892 Metallic materials--        178.274.
     Tensile testing, July 15, 1984,
     First Edition.
    ISO 8115 Cotton bales--Dimensions    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, NB-23, 1992
     Edition.
National Fire Protection Association,
 Batterymarch Park, Quincy, MA 02269:
    NFPA 58-Liquefied 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 H-28 (1957),      179.2; 178.45; 178.46.
     1957 Handbook of Screw-Thread
     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/85-314,
     SOR/85-585, SOR/85-609, SOR/86-
     526, SOR/87-186, SOR/87-335, SOR/
     88-635, SOR/89-39, SOR/89-294, SOR/
     90-847, SOR/91-711, SOR/91-712,
     SOR/92-447, SOR/92-600, SOR/93-
     203, SOR/93-274, SOR/93-525, SOR/
     94-146 and SOR/94-264 (English
     edition), SOR/95-241, and SOR/95-
     547.
Truck Trailer Manufacturers
 Association, 1020 Princess Street,
 Alexandria, Virginia 22314:
    TTMA RP No. 61-98, Performance of    180.405.
     manhole and/or Fill Opening
     Assemblies on MC 306, DOT 406, Non-
     ASME MC 312 and Non-ASME DOT 412
     Cargo Tanks, June 1, 1998.
    TTMA RP No. 81-97, Performance of    178.345-10; 178.346-3.
     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 In-Service Unmarked and/or
     Uncertified MC 306 and Non-ASME 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 380-89 Standards for Metric   171.10
     Practice.

                              * * * * * * *
------------------------------------------------------------------------

* * * * *


0
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 H-28 (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).
* * * * *


0
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]


0
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.


0
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 TS-R-1 
(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.
* * * * *


0
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 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

0
8. The authority citation for part 172 continues to read as follows:

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

PART 172--[AMENDED]

0
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)


0
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, sub-section 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 
Bales--Dimensions 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 passenger-carrying aircraft or into an inaccessible cargo 
location on a cargo-only 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.
* * * * *


0
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 C-7, 
appendix A (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
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 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS


0
13. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.

PART 173--[AMENDED]

0
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)


0
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)


0
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)


0
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)


0
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 non-liquefied Division 2.2 material with no subsidiary hazard.
* * * * *


0
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);
* * * * *

0
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;
* * * * *

0
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) Bottom-discontinuity protection requirements. No person may 
offer for transportation a hazardous material in a tank car with 
bottom-discontinuity 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). * * *
* * * * *

0
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. U-68, U-69, or U-201 of the ASME Code, 1943 and 1946 editions, 
may be used. Portable tanks designed and constructed in accordance with 
Par. U-68 or Par. U-69 may be re-rated 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 re-rated, the re-rated 
pressure must be marked on the plate as follows: ``Re-rated working 
pressure--psig''.
* * * * *

0
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 explosives--definition and procedures for 
classification and approval.

* * * * *
    (b) * * *
    (2) * * *
    (i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), 
Naval Sea Systems Command (SEA-9934), 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 
nitrate-fuel oil mixture (ANFO)'', the only test required for 
classification purposes is the Cap Sensitivity Test--Test 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 87-1 (IBR, see Sec.  171.7 of 
this subchapter);
* * * * *


0
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 Small-Scale 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:
* * * * *


0
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:
* * * * *


0
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;
* * * * *


0
27. In Sec.  173.120, paragraphs (a)(3), (a)(4), and (b)(3) are revised 
to read as follows:


Sec.  173.120  Class 3--Definitions.

    (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.
* * * * *


0
28. In Sec.  173.121, paragraph (b)(2)(i) is revised to read as 
follows:


Sec.  173.121  Class 3--Assignment 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.
* * * * *


0
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 4.3--Definitions.

* * * * *
    (a) * * *
    (2) * * *
    (iii) * * *
    (C) Performance of the self-reactive 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 self-reactive material must be 
determined using the testing protocol from Figure 14.2 (Flow Chart for 
Assigning Self-Reactive 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.
* * * * *


0
30. 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 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.
* * * * *


0
31. In Sec.  173.127, paragraph (a)(1) is revised to read as follows:


Sec.  173.127  Class 5, Division 5.1--Definition 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.
* * * * *

0
32. In Sec.  173.128, paragraphs (c)(3) and (e) are revised to read as 
follows:


Sec.  173.128  Class 5, Division 5.2--Definitions 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).


0
33. In Sec.  173.137, the introductory paragraph is revised to read as 
follows:


Sec.  173.137  Class 8--Assignment 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:
* * * * *

0
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.)
* * * * *

0
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.
* * * * *

0
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.
* * * * *


0
37. In Sec.  173.249, paragraph (d) is revised to read as follows:


Sec.  173.249  Bromine.

* * * * *
    (d) The tank must be made from nickel-clad or lead-lined 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.
* * * * *


0
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 S-1.1 (compliance with paragraph 9.1.1.1 of CGA S-1.1 is not 
required) and S-7. 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 C-14 (IBR, see Sec.  171.7 
of this subchapter), or, in the case of an acetylene cylinder, CGA C-12 
(IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
39. In Sec.  173.302, paragraph (b)(3) is revised to read as follows:


Sec.  173.302  Filling of cylinders with non-liquefied (permanent) 
compressed gases.

* * * * *
    (b) * * *
    (3) Each cylinder must be cleaned in accordance with the 
requirements of GSA Federal Specification RR-C-901C, 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 RR-C-901C 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 RR-C-901C, paragraph 4.4.2.2, and meet the specified 
standard of cleanliness.
* * * * *

0
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 non-liquefied 
(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 C-5 (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 C-5, by reference to data tabulated in CGA C-5, or 
by the manufacturer's marked elastic expansion rejection limit (REE) on 
the cylinder.
* * * * *


0
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 C-12 (IBR, see Sec.  
171.7 of this subchapter). Representative samples of cylinders charged 
with acetylene must be successfully tested in accordance with CGA C-12.
* * * * *
    (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 C-13, Section 3 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *


0
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 manufactured, inspected and tested in 
accordance with ANSI/ASHRAE 15, or when over 6 inches internal 
diameter, in accordance with Section VIII of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *
0
43. In Sec.  173.307, paragraph (a)(4)(iv) is revised to read as 
follows:


Sec.  173.307  Exceptions for compressed gases.

    (a) * * *
    (4) * * *
    (iv) Except when offered or transported by air or vessel, 20 kg (44 
pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE 
Standard 15 (IBR, see Sec.  171.7 of this subchapter); or
* * * * *
0
44. In Sec.  173.315, paragraph (a) Notes 3, 11, and 15, and paragraphs 
(i)(1)(i), (i)(13), (j)(1), (k) introductory paragraph, (k)(3), (l)(5), 
and (m)(1) are revised to read as follows:


Sec.  173.315  Compressed gases in cargo tanks and portable tanks.

    (a) * * *

    Note 3: If cargo tanks and portable tank containers for carbon 
dioxide, refrigerated liquid, and nitrous oxide, refrigerated 
liquid, are designed to conform to the requirements in Section VIII 
of the ASME Code for low temperature operation (IBR, see Sec.  171.7 
of this subchapter), the design pressure may be reduced to 100 psig 
or the controlled pressure, whichever is greater.

* * * * *

    Note 11: MC-330, MC-331 and MC-338 cargo tanks must be 
insulated. Cargo tanks must meet all the following requirements. 
Each tank must have a design service temperature of minus 
100[deg]F., or no warmer than the boiling point at one atmosphere of 
the hazardous material to be shipped therein, whichever is colder, 
and must conform to the low-temperature requirements in Section VIII 
of the ASME Code. When the normal travel time is 24 hours or less, 
the tank's holding time as loaded must be at least twice the normal 
travel time. When the normal travel time exceeds 24 hours, the 
tank's holding time as loaded must be at least 24 hours

[[Page 75746]]

greater than the normal travel time. The holding time is the elapsed 
time from loading until venting occurs under equilibrium conditions. 
The cargo tank must have an outer jacket made of steel when the 
cargo tank is used to transport a flammable gas.

* * * * *

    Note 15: Specifications MC 330 and MC 331 cargo tanks 
constructed of other than quenched and tempered steel (NQT) are 
authorized for all grades of liquefied petroleum gases. Only grades 
of liquefied petroleum gases determined to be ``noncorrosive'' are 
authorized in Specification MC 330 and MC 331 cargo tanks 
constructed of quenched and tempered steel (QT). ``Noncorrosive'' 
means the corrosiveness of the gas does not exceed the limitations 
for classification 1 of the ASTM Copper Strip Classifications when 
tested in accordance with ASTM D 1838, ``Copper Strip Corrosion by 
Liquefied Petroleum (LP) Gases'' (IBR, see Sec.  171.7 of this 
subchapter). (For (QT) and (NQT) marking requirements, see Sec.  
172.328(c) of this subchapter. For special shipping paper 
requirements, see Sec.  172.203(h) of this subchapter.)


* * * * *
    (i) * * *
    (1) * * *
    (i) The total relieving capacity, as determined by the flow 
formulas contained in Section 5 of CGA S-1.2 (IBR, see Sec.  171.7 of 
this subchapter), must be sufficient to prevent a maximum pressure in 
the tank of more than 120 percent of the design pressure;
* * * * *
    (13) A safety relief valve on a chlorine cargo tank must conform to 
one of the following standards of The Chlorine Institute, Inc.: Type 1 
\1/2\ JQ225, Dwg. H51970 (IBR, see Sec.  171.7 of this subchapter); or 
Type 1 \1/2\ JQ225, Dwg. H50155 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (j) * * *
    (1) Each container must be constructed in compliance with the 
requirements in Section VIII of the ASME Code (containers built in 
compliance with earlier editions starting with 1943 are authorized) and 
must be marked to indicate compliance in the manner specified by the 
respective Code.
* * * * *
    (k) A nonspecification cargo tank meeting, and marked in 
conformance with, the edition of Section VIII of the ASME Code in 
effect when it was fabricated may be used for the transportation of 
liquefied petroleum gas provided it meets all of the following 
conditions:
* * * * *
    (3) It must have been manufactured in conformance with Section VIII 
of the ASME Code prior to January 1, 1981, according to its ASME name 
plate and manufacturer's data report.
* * * * *
    (l) * * *
    (5) The analysis method for water content must be as prescribed in 
CGA G-2.2, ``Tentative Standard Method for Determining Minimum of 0.2 
percent water in Anhydrous Ammonia,'' (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (m) * * *
    (1) Has a minimum design pressure of 250 psig and meets the 
requirements of the edition of Section VIII of the ASME Code in effect 
at the time it was manufactured and is marked accordingly;
* * * * *

0
45. In Sec.  173.318, paragraph (b)(2)(i) introductory text and 
paragraph (b)(9)(ii) are revised to read as follows:


Sec.  173.318  Cryogenic liquids in cargo tanks.

* * * * *
    (b) * * *
    (2) * * *
    (i) Tanks in oxygen or flammable cryogenic liquid service. For 
tanks in oxygen or flammable cryogenic liquid service, the primary 
system and the secondary system of pressure relief devices must each 
have a flow capacity equal to or greater than that calculated by the 
applicable formula in paragraph 5.3.2 or paragraph 5.3.3 of CGA S-1.2 
(IBR, see Sec.  171.7 of this subchapter). In addition:
* * * * *
    (9) * * *
    (ii) On a vacuum-insulated cargo tank the jacket must be protected 
by a suitable relief device to release internal pressure. The discharge 
area of this device must be at least 0.00024 square inch per pound of 
water capacity of the tank. This relief device must function at a 
pressure not exceeding the internal design pressure of the jacket, 
calculated in accordance with Section VIII of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter), or 25 psig, whichever is less.
* * * * *

0
46. In Sec.  173.320, paragraph (c) is revised to read as follows:


Sec.  173.320  Cryogenic liquids; exceptions.

* * * * *
    (c) For transportation aboard aircraft, see the ICAO Technical 
Instructions (IBR, see Sec.  171.7 of this subchapter), Packing 
Instruction 202 and the packaging specifications in part 6, chapter 5.
* * * * *

0
47. In Sec.  173.323, the last two sentences in paragraph (b)(3) are 
revised to read as follows:


Sec.  173.323  Ethylene oxide.

* * * * *
    (b) * * *
    (3) * * * The capacity of relief device and insulation must be such 
that the charged receptacle will not explode when tested by the method 
described in CGA Pamphlet C-14 (IBR, see Sec.  171.7 of this 
subchapter) or other equivalent method. Each completed package must be 
capable of passing all Packing Group I performance tests.
* * * * *

0
48. Section 173.336 is revised to read as follows:


Sec.  173.336  Nitrogen dioxide, liquefied, or dinitrogen tetroxide, 
liquefied.

    Nitrogen dioxide, liquefied, or dinitrogen tetroxide, liquefied, 
must be packaged in specification cylinders as prescribed in Sec.  
173.192. Specification cylinders prescribed in Sec.  173.192 with valve 
removed are authorized. Each valve opening must be closed by means of a 
solid metal plug with tapered thread properly luted to prevent leakage. 
Transportation in DOT 3AL cylinders is authorized only by highway or 
rail. Each cylinder must be cleaned in compliance with the requirements 
of GSA Federal Specification RR-C-901C, 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 RR-C-901C may be used; 
however, any cleaning agent must not be capable of reacting 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 RR-C-901C, paragraphs 4.4.2.2 and 
meet the standard of cleanliness specified therein.

0
49. In Sec.  173.337, paragraph (b) is revised to read as follows:


Sec.  173.337  Nitric oxide.

* * * * *
    (b) Each cylinder must be cleaned in compliance with the 
requirements of GSA Federal Specification RR-C-901C, 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 RR-C-901C may be 
used; however, any cleaning agent must not be capable of reacting 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

[[Page 75747]]

RR-C-901C paragraph 4.4.2.2 and meet the standard of cleanliness 
specified therein.

0
50. In Sec.  173.411, paragraphs (b)(5)(ii) and (b)(5)(iii) are revised 
to read as follows:


Sec.  173.411  Industrial packagings.

* * * * *
    (b) * * *
    (5) * * *
    (ii) Be designed to conform to the requirements of ISO 1496-3, 
``Series 1 Freight Containers--Specifications and Testing--Part 3: Tank 
Containers for Liquids, Gases and Pressurized Dry Bulk'' (IBR, see 
Sec.  171.7 of this subchapter);
    (iii) Be designed so that loss of shielding will not result in a 
significant increase in the radiation levels recorded at the external 
surfaces if they are subjected to the tests specified in ISO 1496-3; 
and
* * * * *

0
51. In Sec.  173.420, paragraphs (a)(1) and (a)(2)(iii) introductory 
text are revised to read as follows:


Sec.  173.420  Uranium hexafluoride (fissile, fissile excepted and non-
fissile).

    (a) * * *
    (1) Before initial filling and during periodic inspection and test, 
packagings must be cleaned in accordance with ANSI N14.1 (IBR, see 
Sec.  171.7 of this subchapter).
    (2) * * *
    (iii) Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter), provided the packaging --
* * * * *

0
52. In Sec.  173.469, paragraph (a)(4)(ii) is revised to read as 
follows:


Sec.  173.469  Tests for special form Class 7 (radioactive) materials.

    (a) * * *
    (4) * * *
    (ii) A specimen that comprises or simulates Class 7 (radioactive) 
material contained in a sealed capsule need not be subjected to the 
leaktightness procedure specified in this section provided it is 
alternatively subjected to any of the tests prescribed in ISO/TR4826, 
''Sealed Radioactive Sources Leak Test Methods'' (IBR, see Sec.  171.7 
of this subchapter).
* * * * *

0
53. In Sec.  173.473, the introductory paragraph is revised to read as 
follows:


Sec.  173.473  Requirements for foreign-made packages.

    In addition to other applicable requirements of this subchapter, 
each offeror of a foreign-made Type B, Type B(U), Type B(M), or fissile 
material package for which a Competent Authority Certificate is 
required by IAEA's ``Regulations for the Safe Transport of Radioactive 
Materials, Safety Series No. 6'' (IBR, see Sec.  171.7 of this 
subchapter), shall also comply with the following requirements:
* * * * *

0
54. In Appendix H to Part 173, paragraph 3. introductory paragraph is 
revised to read as follows:

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

* * * * *

3. Apparatus

    A combustibility tester consisting of a block of aluminum alloy 
or other corrosion-resistant metal of high thermal conductivity is 
used. The block has a concave well and a pocket drilled to take a 
thermometer. A small gas jet assembly on a swivel is attached to the 
block. The handle and gas inlet for the gas jet may be fitted at any 
convenient angle to the gas jet. A suitable apparatus is shown in 
Figure 5.1 of the UN Recommendations, and the essential dimensions 
are given in Figures 5.1 and 5.2 of the UN Recommendations (IBR, see 
Sec.  171.7 of this subchapter). The following equipment is needed:
* * * * *

PART 174--CARRIAGE BY RAIL

0
55. The authority citation for part 174 continues to read as follows:

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


0
56. In Sec.  174.55, paragraph (c) is revised to read as follows:


Sec.  174.55  General requirements.

* * * * *
    (c) The doors of a freight container or transport vehicle may not 
be used to secure a load that includes a package containing a hazardous 
material unless the doors meet the design strength requirements of 
Specification M-930 (for freight containers) and M-931 (for trailers) 
in the AAR's specification for ``Specially Equipped Freight Car and 
Intermodal Equipment'' (IBR, see Sec.  171.7 of this subchapter) and 
the load is also within the limits of the design strength requirements 
for the doors.

0
57. In Sec.  174.63, paragraphs (c)(2), (c)(3), and (c)(4) are revised 
to read as follows:


Sec.  174.63  Portable tanks, IM portable tanks, IBCs, cargo tanks, and 
multi-unit tank car tanks.

* * * * *
    (c) * * *
    (2) The tank and flatcar conform to requirements in AAR 600 of the 
AAR Specifications for Tank Cars, ``Specifications for Acceptability of 
Tank Containers'' (IBR, see Sec.  171.7 of this subchapter);
    (3) For TOFC service, the trailer chassis conforms to requirements 
in paragraphs 3, 4, 5, and 6 of AAR Specification M-943, ``Container 
Chassis For TOFC Service'' of the AAR specification for ``Specially 
Equipped Freight Car and Intermodal Equipment'' (IBR, see Sec.  171.7 
of this subchapter);
    (4) For COFC service, the container support and securement systems 
conform to requirements in Specification M-952, ``Intermodal Container 
Support and Securement Systems for Freight Cars'', of the AAR 
specification for ``Specially Equipped Freight Car and Intermodal 
Equipment'' (IBR, see Sec.  171.7 of this subchapter);
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

    The authority citation for part 175 continues to read as follows:

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

0
58. In Sec.  175.33, paragraph (a)(1) introductory text is revised to 
read as follows:


Sec.  175.33  Notification of pilot-in-command.

    (a) * * *
    (1) The proper shipping name, hazard class and identification 
number of the material, including any remaining aboard from prior 
stops, as specified in Sec.  172.101 of this subchapter or the ICAO 
Technical Instructions (IBR, see Sec.  171.7 of this subchapter). In 
the case of Class 1 material, the compatibility group letter also must 
be shown. If a hazardous material is described by the proper shipping 
name, hazard class, and identification number appearing in:
* * * * *

PART 176--CARRIAGE BY VESSEL

0
The authority citation for part 176 continues to read as follows:

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

PART 176--[AMENDED]

0
59. In Part 176, 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:

178.2, Explosive article
176.5(b)(8)
176.11(a) introductory text
176.27(b)
176.30(a) introductory text


[[Page 75748]]



0
60. In Sec.  176.2, the definition for INF cargo is revised to read as 
follows:


Sec.  176.2  Definitions.

* * * * *
    INF cargo means packaged irradiated nuclear fuel, plutonium or 
high-level radioactive wastes as those terms are defined in the 
``International Code for the Safe Carriage of Packaged Irradiated 
Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board 
Ships'' (INF Code) contained in the IMDG Code (IBR, see Sec.  171.7 of 
this subchapter).
* * * * *

0
61. In Sec.  176.140, paragraph (b) introductory paragraph is revised 
to read as follows:


Sec.  176.140  Segregation from other classes of hazardous materials.

* * * * *
    (b) Class 1 (explosive) materials must be segregated from bulk 
solid dangerous cargoes in accordance with the IMDG Code (IBR, see 
Sec.  171.7 of this subchapter). Notwithstanding Sec.  176.83(b), 
ammonium nitrate and sodium nitrate may be stowed together with 
blasting explosives, except those containing chlorates, provided the 
mixed stowage is treated as blasting explosives (see Sec.  176.410(e)).

0
62. Section 176.720 is revised to read as follows:


Sec.  176.720  Requirements for carriage of INF cargo in international 
transportation.

    In addition to all other applicable requirements of this 
subchapter, a vessel carrying INF cargo (see Sec.  176.2, under INF 
cargo definition) in international transportation must meet the 
requirements of the INF Code contained in the IMDG Code (IBR, see Sec.  
171.7 of this subchapter).

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
63. The authority citation for part 177 continues to read as follows:

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


Sec.  177.835  [Amended]

0
64. In Sec.  177.835, amend paragraph (g)(3)(ii) 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 its place.

0
65. In Sec.  177.840, paragraph (u) is revised to read as follows:


Sec.  177.840  Class 2 (gases) materials.

* * * * *
    (u) Unloading of chlorine cargo tank motor vehicles. After July 1, 
2001, unloading of chlorine from a cargo tank motor vehicle must be 
performed in compliance with Section 3 of the Chlorine Institute 
Pamphlet 57, ``Emergency Shut-off Systems for Bulk Transfer of 
Chlorine'' (IBR, see Sec.  171.7 of this subchapter).

PART 178--SPECIFICATIONS FOR PACKAGINGS

0
66. The authority citation for part 178 continues to read as follows:

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

PART 178--[AMENDED]

0
67. In Part 178, 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:

178.36(k)(3)(i)
178.37(k)(3)(i)
178.38(k)(3)(i)
178.39(k)(3)(i)
178.44(m)(3)(i)
178.45(j)(3)(i)
178.47(d)
178.50(d)
178.50(k)(3)(i)
178.51(d)(2)
178.51(j)(3)(i)
178.51(l)(1)
178.53(d)
178.53(j)(5)(i)
178.55(k)(3)(i)
178.56(j)(3)(i)
178.57(d)(5)
178.57(j)(3)(i)
178.57(l)(4)(v)
178.57(o)(1)
178.58(d)(1)
178.58(m)(5)(i)
178.59(d)
178.59(j)(3)(i)
178.60(d)
178.60(l)(3)(i)
178.61(d)(4)
178.61(j)(3)(i)
178.65(c)(4)
178.68(j)(3)(i)
178.68(l)(2)
178.358-5(c)


0
68. In Part 178, 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:

178.276(a)(1)
178.276(c)(7)
178.277(a)--Design pressure
178.277(b)(3)
178.277(e)(4)(iv)


0
69. In Part 178, 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:

178.51(l)(2)
178.51(l)(3)
178.56(l)(1)
178.56(l)(2)
178.56(l)(3)
178.57(e)(3)
178.57(l)(1)
178.57(l)(2)
178.57(l)(3)
178.57(l)(4)(vi)
178.57(m)(1)
178.60(n)(1)
178.60(n)(2)
178.60(n)(3)
178.61(l)(1)
178.61(l)(2)
178.61(l)(3)
178.61(m)(1)


0
70. In Part 178, amend the following sections by removing the 
parenthetical phrase ``(see Sec.  171.7 of this subchapter)'' in each 
of the following places:

178.273(c)(1)
178.276(b)(1)
178.276(b)(2)(i)
178.277(b)(1)


0
71. In Sec.  178.3, paragraph (b)(1) is revised to read as follows:


Sec.  178.3  Marking of packagings.

* * * * *
    (b) * * *
    (1) The U.S. manufacturer must establish that the packaging 
conforms to the applicable provisions of the ICAO Technical 
Instructions (IBR, see Sec.  171.7 of this subchapter) or the IMDG Code 
(IBR, see Sec.  171.7 of this subchapter), respectively.
* * * * *


0
72. In Sec.  178.35, paragraph (g) is revised to read as follows:


Sec.  178.35  General requirements for specification cylinders.

* * * * *
    (g) Inspector's report. Each inspector shall prepare a report 
containing, at a minimum, the applicable information listed in CGA 
Pamphlet C-11 (IBR, see Sec.  171.7 of this subchapter) or, until 
October 1, 1997, in accordance with the applicable test report 
requirements of this subchapter in effect on September 30, 1996. Any 
additional information or markings that are required by the applicable 
specification must be shown on the test report. The signature of the 
inspector on the reports certifies that the processes of manufacture 
and heat

[[Page 75749]]

treatment of cylinders were observed and found satisfactory.
* * * * *


0
73. In Sec.  178.44, the introductory text preceding the table in 
paragraph (b) is revised to read as follows:


Sec.  178.44  Specification 3HT seamless steel cylinders for aircraft 
use.

* * * * *
    (b) Authorized steel. Open hearth or electric furnace steel of 
uniform quality must be used. A heat of steel made under the 
specifications listed in Table 1 in this paragraph (b), a check 
chemical analysis that is slightly out of the specified range is 
acceptable, if satisfactory in all other respects, provided the 
tolerances shown in Table 2 in this paragraph (b) are not exceeded. The 
maximum grain size shall be 6 or finer. The grain size must be 
determined in accordance with ASTM E 112-88 (IBR, see Sec.  171.7 of 
this subchapter). Steel of the following chemical analysis is 
authorized:
* * * * *


0
74. In Sec.  178.45, paragraphs (f)(5)(ii), (f)(5)(iii), (f)(5)(iv), 
and (j)(4) are revised to read as follows:


Sec.  178.45  Specification 3T seamless steel cylinder.

* * * * *
    (f) * * *
    (5) * * *
    (ii) Taper threads, when used, must be the American Standard Pipe 
thread (NPT) type and must be in compliance with the requirements of 
NBS Handbook H-28 (IBR, see Sec.  171.7 of this subchapter).
    (iii) Taper threads conforming to National Gas Taper thread (NGT) 
standards must be in compliance with the requirements of NBS Handbook 
H-28.
    (iv) Straight threads conforming with National Gas Straight thread 
(NGS) standards are authorized. These threads must be in compliance 
with the requirements of NBS Handbook H-28.
* * * * *
    (j) * * *
    (4) Each impact specimen must be Charpy V-notch type size 10 mm x 
10 mm taken in accordance with paragraph 11 of ASTM A 333 (IBR, see 
Sec.  171.7 of this subchapter). When a reduced size specimen is used, 
it must be the largest size obtainable.
* * * * *


0
75. In Sec.  178.46, footnote 2 following table 1 in paragraph (b)(4), 
and paragraphs (e)(5)(ii)(A), (e)(5)(ii)(B), (e)(5)(iii)(A), 
(e)(5)(iii)(B), (e)(5)(iii)(C), (e)(5)(iv), and (i)(3)(i) are revised 
to read as follows:


Sec.  178.46  Specification 3AL seamless aluminum cylinders.

* * * * *
    (b) * * *
    (4) * * *

    \2\ Except for ``Pb'' and ``Bi'', the chemical composition 
corresponds with that of Table 1 of ASTM B 221 (IBR, see Sec.  171.7 
of this subchapter) for Aluminum Association alloy 6061.

* * * * *
    (e) * * *
    (5) * * *
    (ii) * * *
    (A) American Standard Pipe Thread (NPT) type, conforming to the 
requirements of NBS Handbook H-28 (IBR, see Sec.  171.7 of this 
subchapter);
    (B) National Gas Taper Thread (NGT) type, conforming to the 
requirements of NBS Handbook H-28; or
* * * * *
    (iii) * * *
    (A) National Gas Straight Thread (NGS) type, conforming to the 
requirements of NBS Handbook H-28;
    (B) Unified Thread (UN) type, conforming to the requirements of NBS 
Handbook H-28;
    (C) Controlled Radius Root Thread (UN) type, conforming to the 
requirements of NBS Handbook H-28; or
* * * * *
    (iv) All straight threads must have at least 6 engaged threads, a 
tight fit, and a factor of safety in shear of at least 10 at the test 
pressure of the cylinder. Shear stress must be calculated by using the 
appropriate thread shear area in accordance with NBS Handbook H-28.
* * * * *
    (i) * * *
    (3) * * *
    (i) The yield strength must be determined by either the ``offset'' 
method or the ``extension under load'' method as prescribed in ASTM B 
557 (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
76. In Sec.  178.55, paragraph (d)(3) is revised to read as follows:


Sec.  178.55  Specification 4B240ET welded or brazed cylinders.

* * * * *
    (d) * * *
    (3) Welding procedures and operators must be qualified in 
accordance with CGA C-3 (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
77. In Sec.  178.56, paragraph (d)(3) is revised to read as follows:


Sec.  178.56  Specification 4AA480 welded steel cylinders.

* * * * *
    (d) * * *
    (3) Welding procedures and operators must be qualified in 
accordance with CGA C-3 (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
78. In Sec.  178.59, paragraph (l)(1)(v) is revised to read as follows:


Sec.  178.59  Specification 8 steel cylinders with porous fillings for 
acetylene.

* * * * *
    (l) * * *
    (1) * * *
    (v) The installed filling material must meet the requirements of 
CGA C-12 (IBR, see Sec.  171.7 of this subchapter); and
* * * * *


0
79. In Sec.  178.60, paragraph (p)(1)(v) is revised to read as follows:


Sec.  178.60  Specification 8AL steel cylinders with porous fillings 
for acetylene.

* * * * *
    (p) * * *
    (1) * * *
    (v) The installed filling material must meet the requirements of 
CGA C-12 (IBR, see Sec.  171.7 of this subchapter); and
* * * * *


0
80. In Sec.  178.65, paragraph (b)(2) is revised to read as follows:


Sec.  178.65  Specification 39 non-reusable (non-refillable) cylinders.

* * * * *
    (b) * * *
    (2) Aluminum. Aluminum is not authorized for service pressures in 
excess of 500 psig. The analysis of the aluminum must conform to the 
Aluminum Association standard for alloys 1060, 1100, 1170, 3003, 5052, 
5086, 5154, 6061, and 6063, as specified in its publication entitled 
``Aluminum Standards and Data'' (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *


0
81. In Sec.  178.245-1, paragraph (a) 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 a 
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 Section VIII of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *


0
82. In Sec.  178.245-3, paragraph (a) and Note 1 are revised to read as 
follows:


Sec.  178.245-3  Design pressure.

    (a) The design pressure of a tank authorized under this 
specification shall

[[Page 75750]]

be not less than the vapor pressure of the commodity contained therein 
at 46 [deg]C (115 [deg]F), or as prescribed for a particular commodity 
by part 173 of this chapter, except that in no case shall the design 
pressure of any container be less than 100 psig or more than 500 psig. 
When corrosion factor is prescribed by these regulations, the wall 
thickness of the tank calculated in accordance with Section VIII of the 
ASME Code (IBR, see Sec.  171.7 of this subchapter) shall be increased 
by 20 percent or 2.54 mm (0.10 inch), whichever is less.

    Note 1: The term design pressure as used in this specification 
is identical to the term ``MAWP'' as used in the ASME Code.

* * * * *


0
83. In Sec.  178.245-4, paragraph (b) is revised to read as follows:


Sec.  178.245-4  Tank mountings.

* * * * *
    (b) All tank mountings such as skids, fastenings, brackets, 
cradles, lifting lugs, etc., intended to carry loadings shall be 
permanently secured to tanks in accordance with the requirements in 
Section VIII of the ASME Code (IBR, see Sec.  171.7 of this subchapter) 
under which the tanks were fabricated, and shall be designed to 
withstand static loadings in any direction equal to twice the weight of 
the tank and attachments when filled with the lading using a safety 
factor of not less than four, based on the ultimate strength of the 
material to be used. The specific gravity used in determining the 
static loadings shall be shown on the marking required by Sec.  
178.245-6(a) and on the report required by Sec.  178.245-7(a).
* * * * *


0
84. In Sec.  178.245-6, the first sentence in paragraph (a) is revised 
to read as follows:


Sec.  178.245-6  Name plate.

    (a) In addition to the markings required by Section VIII of the 
ASME Code (IBR, see Sec.  171.7 of this subchapter) under which tanks 
were constructed, they shall have permanently affixed, in close 
proximity to the ASME ``U'' stamp certification, a metal plate.* * *
* * * * *


0
85. In Sec.  178.245-7, paragraph (a) is revised to read as follows:


Sec.  178.245-7  Report.

    (a) A copy of the manufacturer's data report required by Section 
VIII of the ASME Code (IBR, see Sec.  171.7 of this subchapter) under 
which the tank is fabricated shall be furnished to the owner for each 
new tank.
* * * * *


0
86. In Sec.  178.255-1, paragraph (b) is revised to read as follows:


Sec.  178.255-1  General requirements.

* * * * *
    (b) Tanks must be designed, constructed, certified, and stamped in 
accordance with Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter).
* * * * *


0
87. In Sec.  178.255-2, paragraph (a) is revised to read as follows:


Sec.  178.255-2  Material.

    (a) Material used in the tank must be steel of good weldable 
quality and conform with the requirements in Sections V, VIII, and IX 
of the ASME Code (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
88. In Sec.  178.255-14, paragraph (a) is revised to read as follows:


Sec.  178.255-14  Marking.

    (a) In addition to markings required by Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter), every tank shall bear 
permanent marks at least 1/8-inch high stamped into the metal near the 
center of one of the tank heads or stamped into a plate permanently 
attached to the tank by means of brazing or welding or other suitable 
means as follows: * * *
* * * * *


0
89. In Sec.  178.255-15, the first sentence in paragraph (a) is revised 
to read as follows:


Sec.  178.255-15  Report.

    (a) A copy of the manufacturer's data report required by Section 
VIII of the ASME Code (IBR, see Sec.  171.7 of this subchapter) under 
which the tank is fabricated must be furnished to the owner for each 
new tank. * * *
* * * * *


0
90. In Sec.  178.270-2, paragraph (c) is revised to read as follows:


Sec.  178.270-2  General.

* * * * *
    (c) Each portable tank must have a cross-sectional design that is 
capable of being stress analyzed either mathematically or by the 
experimental method contained in UG-101 in Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter), or other method 
acceptable to the Associate Administrator.
* * * * *


0
91. In Sec.  178.270-3, paragraphs (a), (b)(1), and the last three 
sentences of paragraph (e) are revised to read as follows:


Sec.  178.270-3  Materials of construction.

    (a) Each portable tank must be constructed of carbon or alloy 
steels. Materials included in part UHT in Section VIII of the ASME Code 
(IBR, see Sec.  171.7 of this subchapter) or equivalent materials are 
not authorized. Any materials used in the tank shell must conform to a 
recognized national standard and must be suitable for the external 
environments in which the tank will be carried. The minimum elongation 
for any material must be 20 percent or greater.
    (b) * * *
    (1) 1.5 times the specified values for the material at 93 [deg]C 
(200 [deg]F) in Section VIII of the ASME Code;
* * * * *
    (e) * * * Tensile tests and analysis of results must be in 
accordance with ISO 82, ``Steels-Tensile Testing'' (IBR, see Sec.  
171.7 of this subchapter). The yield strength in tension shall be the 
stress corresponding to a permanent strain of 0.2 percent of the gauge 
length, except that for high alloy austenitic steels the yield strength 
shall be the stress corresponding to a permanent strain of 0.2 or 1.0 
percent of the gauge length as appropriate. The elongation must be at 
least 20 percent.
* * * * *


0
92. Section 178.270-7 is revised to read as follows:


Sec.  178.270-7  Joints in tank shells.

    Joints in tank shells must be made by fusion welding. Such joints 
and their efficiencies must be as required by Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter). Weld procedures and 
welder performance must be ASME Code qualified or must be qualified by 
the approval agency in accordance with the procedures in the ASME Code, 
Section IX, Welding and Brazing Qualifications. A record of each 
qualification must be retained by the manufacturer for the period 
prescribed in Section VIII of the ASME Code, and must be made available 
to any duly identified representative of the Department and the owner 
of the tank.


0
93. Section 178.270-9 is revised to read as follows:


Sec.  178.270-9  Inspection openings.

    Each portable tank must be fitted with a manhole or other 
inspection opening sited above the maximum liquid level to allow for 
complete internal inspection and adequate access for maintenance and 
repair of the interior. Each portable tank with a capacity of more than 
1,894

[[Page 75751]]

L (500 gallons) must be fitted with an elliptical or round manhole at 
least 279 x 381 mm (11 x 15 inches), or 254 x 405 mm (10 x 16 inches), 
or with a circular manhole at least 381 mm (15 inches) in diameter. Any 
inspection opening and closure must be designed and reinforced as 
required by Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter).


0
94. In Sec.  178.270-11, paragraph (d)(6) introductory text is revised 
to read as follows:


Sec.  178.270-11  Pressure and vacuum relief devices.

* * * * *
    (d) * * *
    (6) The flow capacity rating of any pressure relief device must be 
certified by the manufacturer to be in accordance with the applicable 
provisions in Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter) with the following exceptions:
* * * * *


0
95. In Sec.  178.270-12, paragraph (f) is revised to read as follows:


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

* * * * *
    (f) All nozzles and tank shell penetrations for nozzles shall be 
designed and constructed in accordance with Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter).
* * * * *


0
96. In Sec.  178.271-1, paragraph (c) is revised to read as follows:


Sec.  178.271-1  General requirements.

* * * * *
    (c) Each tank shall be designed and constructed in accordance with 
the requirements in Section VIII of the ASME Code (IBR, see Sec.  171.7 
of this subchapter) except as limited or modified in this section or in 
Sec.  178.270 of this subpart. ASME certification or stamp is not 
required.


0
97. In Sec.  178.272-1, paragraph (c) is revised to read as follows:


Sec.  178.272-1  General requirements.

* * * * *
    (c) Each tank shall be designed and constructed in accordance with 
the requirements in Section VIII of the ASME Code (IBR, see Sec.  171.7 
of this subchapter) except as limited or modified in this section or in 
Sec.  178.270 of this subpart. ASME certification or stamp is not 
required.


0
98. In Sec.  178.273, paragraph (b)(6)(i) is revised to read as 
follows:


Sec.  178.273  Approval of Specification IM portable tanks and UN 
portable tanks.

* * * * *
    (b) * * *
    (6) * * *
    (i) The portable tank has been designed, constructed, certified, 
and stamped in accordance with the requirements in Division 1 of 
Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter). Other design codes may be used if approved by the 
Associate Administrator (see Sec.  178.274(b)(1));
* * * * *


0
99. In Sec.  178.274, the definitions for Fine grain steel and Off-
shore portable tank in paragraph (a)(3), the first four sentences in 
paragraph (b)(1), and paragraphs (c)(5), (c)(11), (d)(1)(ii), (d)(3), 
(f)(1)(v), (h)(5)(iv), (i)(1) introductory text, and (j)(6) are revised 
to read as follows:


Sec.  178.274  Specifications for UN portable tanks.

    (a) * * *
    (3) * * *
    Fine grain steel means steel that has a ferritic grain size of 6 or 
finer when determined in accordance with ASTM E 112-96 (IBR, see Sec.  
171.7 of this subchapter).
* * * * *
    Offshore portable tank means a portable tank specially designed for 
repeated use in the transportation of hazardous materials to, from and 
between offshore facilities. An offshore portable tank is designed and 
constructed in accordance with the Guidelines for the Approval of 
Containers Handled in Open Seas specified in the IMDG Code (IBR, see 
Sec.  171.7 of this subchapter).
    (b) * * *
    (1) The design temperature range for the shell must be -40 [deg]C 
to -50 [deg]C (-40 [deg]F to 122 [deg]F) for hazardous materials 
transported under normal conditions of transportation, except for 
portable tanks used for refrigerated liquefied gases where the minimum 
design temperature must not be higher than the lowest (coldest) 
temperature (for example, service temperature) of the contents during 
filling, discharge or transportation. For hazardous materials handled 
under elevated temperature conditions, the design temperature must not 
be less than the maximum temperature of the hazardous material during 
filling, discharge or transportation. More severe design temperatures 
must be considered for portable tanks subjected to severe climatic 
conditions (for example, portable tanks transported in arctic regions). 
Shells must be designed and constructed in accordance with the 
requirements in Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter), except as limited or modified in this subchapter. * * 
*
* * * * *
    (c) * * *
    (5) For shells of portable tanks used for liquefied compressed 
gases, the shell must consist of a circular cross section. Shells must 
be of a design capable of being stress-analyzed mathematically or 
experimentally by resistance strain gauges as specified in UG-101 of 
Section VIII of the ASME Code, or other methods approved by the 
Associate Administrator.
* * * * *
    (11) For the purpose of determining actual values for materials for 
sheet metal, the axis of the tensile test specimen must be at right 
angles (transversely) to the direction of rolling. The permanent 
elongation at fracture must be measured on test specimens of 
rectangular cross sections in accordance with ISO 6892 (IBR, see Sec.  
171.7 of this subchapter), using a 50 mm gauge length.
    (d) * * *
    (1) * * *
    (ii) the minimum thickness determined in accordance with Section 
VIII of the ASME Code or other approved pressure vessel code; or
* * * * *
    (3) When additional protection against shell damage is provided in 
the case of portable tanks used for liquid and solid hazardous 
materials requiring test pressures less than 2.65 bar (265.0 kPa), 
subject to certain limitations specified in the UN Recommendations 
(IBR, see Sec.  171.7 of this subchapter), the Associate Administrator 
may approve a reduced minimum shell thickness.
* * * * *
    (f) * * *
    (1) * * *
    (v) the rated flow capacity of the device in standard cubic meters 
of air per second (m3/s) determined according to ISO 4126-1 
(IBR, see Sec.  171.7 of this subchapter); and
* * * * *
    (h) * * *
    (5) * * *
    (iv) Protection of the shell against damage from impact or 
overturning by use of an ISO frame in accordance with ISO 1496-3 (IBR, 
see Sec.  171.7 of this subchapter); and
* * * * *
    (i) * * *
    (1) Every portable tank must be fitted with a corrosion resistant 
metal plate

[[Page 75752]]

permanently attached to the portable tank in a conspicuous place and 
readily accessible for inspection. When the plate cannot be permanently 
attached to the shell, the shell must be marked with at least the 
information required by Section VIII of the ASME Code. At a minimum, 
the following information must be marked on the plate by stamping or by 
any other equivalent method: * * *
* * * * *
    (j) * * *
    (6) A UN portable tank that meets the definition of ``container'' 
in the CSC (see 49 CFR 450.3(a)(2)) must be subjected to an impact test 
using a prototype representing each design type. The prototype portable 
tank must be shown to be capable of absorbing the forces resulting from 
an impact not less than 4 times (4 g) the maximum permissible gross 
mass of the fully loaded portable tank at a duration typical of the 
mechanical shocks experienced in rail transportation. A listing of 
standards describing methods acceptable for performing the impact test 
are provided in the UN Recommendations. UN portable tanks used for the 
dedicated transportation of ``Helium, refrigerated liquid,'' UN1963 and 
``Hydrogen, refrigerated liquid,'' UN1966 that are marked ``NOT FOR 
RAIL TRANSPORT'' in letters of a minimum height of 10 cm (4 inches) on 
at least two sides of the portable tank are excepted from the 4 g 
impact test.
* * * * *

0
100. In Sec.  178.276, the last sentence in paragraph (f) is revised to 
read as follows:


Sec.  178.276  Requirements for the design, construction, inspection 
and testing of portable tanks intended for the transportation of non-
refrigerated liquefied compressed gases.

* * * * *
    (f) * * * For gases that have critical temperatures near or below 
the temperature at the accumulating condition, the calculation of the 
pressure relief device delivery capacity must consider the additional 
thermodynamic properties of the gas, for example see CGA S-1.2 (IBR, 
see Sec.  171.7 of this subchapter).

0
101. In Sec.  178.277, paragraphs (b)(2) and (b)(13) are revised to 
read as follows:


Sec.  178.277  Requirements for the design, construction, inspection 
and testing of portable tanks intended for the transportation of 
refrigerated liquefied gases.

    (b) * * *
    (2) Portable tanks must be postweld heat treated and radiographed 
as prescribed in Sections V and VIII of the ASME Code except that each 
tank constructed in accordance with part UHT in Section VIII 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 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. The postweld heat treatment must be as 
prescribed in Section VIII of the ASME Code, but in no event at less 
than 1,050 [deg]F tank metal temperature.
* * * * *
    (13) The jacket of a vacuum-insulated double-wall tank must have 
either an external design pressure not less than 100 kPa (1 bar) gauge 
pressure calculated in accordance with Section VIII of the ASME Code or 
a calculated critical collapsing pressure of not less than 200 kPa (2 
bar) gauge pressure. Internal and external reinforcements may be 
included in calculating the ability of the jacket to resist the 
external pressure.
* * * * *

0
102. In Sec.  178.320, in paragraph (a) the definitions for 
``Constructed and certified in accordance with the ASME Code,'' 
``Constructed in accordance with the ASME Code,'' and ``Maximum 
allowable working pressure or MAWP'' are revised to read as follows:


Sec.  178.320  General requirements applicable to all DOT specification 
cargo tank motor vehicles.

    (a) * * *
    Constructed and certified in accordance with the ASME Code means a 
cargo tank is constructed and stamped in accordance with Section VIII 
of the ASME Code (IBR, see Sec.  171.7 of this subchapter), and is 
inspected and certified by an Authorized Inspector.
    Constructed in accordance with the ASME Code means a cargo tank is 
constructed in accordance with Section VIII of the ASME Code with 
authorized exceptions (see Sec. Sec.  178.346 through 178.348) and is 
inspected and certified by a Registered Inspector.
* * * * *
    Maximum allowable working pressure or MAWP means the maximum 
pressure allowed at the top of the tank in its normal operating 
position. The MAWP must be calculated as prescribed in Section VIII of 
the ASME Code. In use, the MAWP must be greater than or equal to the 
maximum lading pressure conditions prescribed in Sec.  173.33 of this 
subchapter for each material transported.
* * * * *

0
103. In Sec.  178.337-1, paragraphs (a)(2) and (f) are revised to read 
as follows:


Sec.  178.337-1  General requirements.

    (a) * * *
    (2) Designed, constructed, certified, and stamped in accordance 
with Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter);
* * * * *
    (f) Postweld heat treatment. Postweld heat treatment must be as 
prescribed in the ASME Code except that each cargo tank constructed in 
accordance with Part UHT of Section VIII of the ASME Code must be 
postweld heat treated. Each chlorine cargo tank must be fully 
radiographed and postweld heat treated in accordance with the 
provisions in Section VIII of the ASME Code under which it is 
constructed. Where postweld heat treatment is required, the cargo tank 
must be treated as a unit after completion of all the welds in and/or 
to the shells and heads. The method must be as prescribed in Section 
VIII of the ASME Code. Welded attachments to pads may be made after 
postweld heat treatment. A cargo tank used for anhydrous ammonia must 
be postweld heat treated. The postweld heat treatment must be as 
prescribed in Section VIII of the ASME Code, but in no event at less 
than 1,050 Sec.  F cargo tank metal temperature.
* * * * *

0
104. In Sec.  178.337-2, paragraph (a)(1), the first sentence in 
paragraph (a)(2), and paragraphs (b)(1)(i), (b)(2)(i), and (b)(2)(ii) 
are revised to read as follows:


Sec.  178.337-2  Material.

    (a) * * *
    (1) All material used for construction of the cargo tank and 
appurtenances must be suitable for use with the commodities to be 
transported therein and must conform to the requirements in Section II 
of the ASME Code (IBR, see Sec.  171.7 of this subchapter) and/or 
requirements of the American Society for Testing and Materials in all 
respects.
    (2) Impact tests are required on steel used in the fabrication of 
each cargo tank constructed in accordance with part UHT in Section VIII 
of the ASME Code. * * *
* * * * *
    (b) * * *
    (1) * * *
    (i) Material shall conform to ASTM A 300, ``Steel Plates for 
Pressure Vessels for Service at Low Temperatures'' (IBR, see Sec.  
171.7 of this subchapter); * * *
* * * * *

[[Page 75753]]

    (2) * * *
    (i) Material shall conform to ASTM A 612 (IBR, see Sec.  171.7 of 
this subchapter), Grade B or A 516/A 516M (IBR, see Sec.  171.7 of this 
subchapter), Grade 65 or 70;
    (ii) Material shall meet the Charpy V-notch test requirements of 
ASTM A 20/A 20M (IBR, see Sec.  171.7 of this subchapter); and
* * * * *

0
105. In Sec.  178.337-3, paragraphs (a)(1), (b), the last sentence in 
paragraph (g)(2), and paragraph (g)(3)(i) are revised to read as 
follows:


Sec.  178.337-3  Structural integrity.

    (a) * * *
    (1) Except as provided in paragraph (d) of this section, the 
maximum calculated design stress at any point in the cargo tank may not 
exceed the maximum allowable stress value prescribed in Section VIII of 
the ASME Code (IBR, see Sec.  171.7 of this subchapter), or 25 percent 
of the tensile strength of the material used.
* * * * *
    (b) Static design and construction. (1) The static design and 
construction of each cargo tank must be in accordance with Section VIII 
of the ASME Code. The cargo tank design must include calculation of 
stresses generated by design pressure, the weight of lading, the weight 
of structure supported by the cargo tank wall, and the effect of 
temperature gradients resulting from lading and ambient temperature 
extremes. When dissimilar materials are used, their thermal 
coefficients must be used in calculation of thermal stresses.
    (2) Stress concentrations in tension, bending and torsion which 
occur at pads, cradles, or other supports must be considered in 
accordance with appendix G in Section VIII of the ASME Code.
* * * * *
    (g) * * *
    (2) * * * Attachments meeting the requirements of this paragraph 
are not authorized for cargo tanks constructed under part UHT in 
Section VIII of the ASME Code.
    (3) * * *
    (i) Be fabricated from material determined to be suitable for 
welding to both the cargo tank material and the material of the 
appurtenance or structural support member; a Design Certifying Engineer 
must make this determination considering chemical and physical 
properties of the materials and must specify filler material conforming 
to the requirements in Section VIII of the ASME Code (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

0
106. In Sec.  178.337-4, paragraph (a), the first three sentences in 
paragraph (b), and paragraph (e) are revised to read as follows:


Sec.  178.337-4  Joints.

    (a) Joints shall be as required in Section VIII of the ASME Code 
(IBR, see Sec.  171.7 of this subchapter), with all undercutting in 
shell and head material repaired as specified therein.
    (b) Welding procedure and welder performance must be in accordance 
with Section IX of the ASME Code. In addition to the essential 
variables named therein, the following must be considered as essential 
variables: Number of passes; thickness of plate; heat input per pass; 
and manufacturer's identification of rod and flux. When fabrication is 
done in accordance with part UHT in Section VIII of the ASME Code, 
filler material containing more than 0.08 percent vanadium must not be 
used. * * *
* * * * *
    (e) The maximum tolerance for misalignment and butting up shall be 
in accordance with the requirement in Section VIII of the ASME Code.
* * * * *

0
107. In Sec.  178.337-6, paragraph (a) is revised to read as follows:


Sec.  178.337-6  Closure for manhole.

    (a) Each cargo tank marked or certified after April 21, 1994, must 
be provided with a manhole conforming to paragraph UG-46(g)(1) and 
other applicable requirements in Section VIII of the ASME Code (IBR, 
see Sec.  171.7 of this subchapter), except that a cargo tank 
constructed of NQT steel having a capacity of 3,500 water gallons or 
less may be provided with an inspection opening conforming to paragraph 
UG-46 and other applicable requirements of the ASME Code instead of a 
manhole.
* * * * *

0
108. In Sec.  178.337-8, paragraphs (b)(1) and (b)(2) are revised to 
read as follows:


Sec.  178.337-8  Openings, inlets, and outlets.

* * * * *
    (b) * * *
    (1) A valve conforming to The Chlorine Institute, Inc., Dwg. 101-7 
(IBR, see Sec.  171.7 of this subchapter), must be installed under each 
liquid angle valve.
    (2) A valve conforming to The Chlorine Institute, Inc., Dwg. 106-6 
(IBR, see Sec.  171.7 of this subchapter), must be installed under each 
gas angle valve.
* * * * *

0
109. In Sec.  178.337-9, paragraph (b)(8) is revised to read as 
follows:


Sec.  178.337-9  Pressure relief devices, piping, valves, hoses, and 
fittings.

* * * * *
    (b) * * *
    (8) Chlorine cargo tanks. Angle valves on cargo tanks intended for 
chlorine service must conform to the standards of The Chlorine 
Institute, Inc., Dwg. 104-8 (IBR, see Sec.  171.7 of this subchapter). 
Before installation, each angle valve must be tested for leakage at not 
less than 225 psig using dry air or inert gas.
* * * * *

0
110. In Sec.  178.337-10, paragraph (d)(1) is revised to read as 
follows:


Sec.  178.337-10  Accident damage protection.

    (d) * * *
    (1) Tanks manufactured on or before December 31, 1974: Dwg. 137-1 
(IBR, see Sec.  171.7 of this subchapter), or Dwg. 137-2 (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *

0
111. In Sec.  178.337-16, paragraphs (a), (b)(1), and (b)(2) are 
revised to read as follows:


Sec.  178.337-16  Testing.

    (a) Inspection and tests. Inspection of materials of construction 
of the cargo tank and its appurtenances and original test and 
inspection of the finished cargo tank and its appurtenances must be as 
required by Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter) and as further required by this specification, except that 
for cargo tanks constructed in accordance with part UHT in Section VIII 
of the ASME Code the original test pressure must be at least twice the 
cargo tank design pressure.
    (b) * * *
    (1) Each cargo tank constructed in accordance with part UHT in 
Section VIII of the ASME Code must be subjected, after postweld heat 
treatment and hydrostatic tests, to a wet fluorescent magnetic particle 
inspection to be made on all welds in or on the cargo tank shell and 
heads both inside and out. The method of inspection must conform to 
appendix 6 in Section VIII of the ASME Code except that permanent 
magnets shall not be used.
    (2) On cargo tanks of over 3,500 gallons water capacity other than 
those described in paragraph (b)(1) of this section unless fully 
radiographed, a test must be made of all welds in or on the shell and 
heads both inside and outside

[[Page 75754]]

by either the wet fluorescent magnetic particle method conforming to 
appendix U in Section VIII of the ASME Code, liquid dye penetrant 
method, or ultrasonic testing in accordance with appendix 12 in Section 
VIII of the ASME Code. Permanent magnets must not be used to perform 
the magnetic particle inspection.
* * * * *

0
112. In Sec.  178.337-18, paragraph (a) introductory text is revised to 
read as follows:


Sec.  178.337-18  Certification.

    (a) At or before the time of delivery, the cargo tank motor vehicle 
manufacturer must supply and the owner must obtain, a cargo tank motor 
vehicle manufacturer's data report as required by Section VIII of the 
ASME Code (IBR, see Sec.  171.7 of this subchapter), and a certificate 
stating that the completed cargo tank motor vehicle conforms in all 
respects to Specification MC 331 and the ASME Code. The registration 
numbers of the manufacturer, the Design Certifying Engineer, and the 
Registered Inspector, as appropriate, must appear on the certificates 
(see subpart F, part 107 in subchapter A of this chapter).
* * * * *

0
113. In Sec.  178.338-1, paragraphs (a)(1) and (c) are revised to read 
as follows:


Sec.  178.338-1  General requirements.

    (a) * * *
    (1) Design pressure means the ``MAWP'' as used in Section VIII of 
the ASME Code (IBR, see Sec.  171.7 of this subchapter), and is the 
gauge pressure at the top of the tank.
* * * * *
    (c) Each tank must be designed, constructed, certified, and stamped 
in accordance with Section VIII of the ASME Code.
* * * * *

0
114. In Sec.  178.338-2, paragraphs (a), (c), and (e) are revised to 
read as follows:


Sec.  178.338-2  Material.

    (a) All material used in the construction of a tank and its 
appurtenances that may come in contact with the lading must be 
compatible with the lading to be transported. All material used for 
tank pressure parts must conform to the requirements in Section II of 
the ASME Code (IBR, see Sec.  171.7 of this subchapter). All material 
used for evacuated jacket pressure parts must conform to the chemistry 
and steelmaking practices of one of the material specifications in 
Section II of the ASME Code or the following ASTM Specifications: A 
242, A 441, A 514, A 572, A 588, A 606, A 607, A 633, A 715 (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *
    (c) Impact tests are required on all tank materials, except 
materials that are excepted from impact testing by the ASME Code, and 
must be performed using the procedure prescribed in Section VIII of the 
ASME Code.
* * * * *
    (e) Each tank constructed in accordance with part UHT in Section 
VIII of the ASME Code must be postweld heat treated as a unit after 
completion of all welds to the shell and heads. Other tanks must be 
postweld heat treated as required in Section VIII of the ASME Code. For 
all tanks the method must be as prescribed in the ASME Code. Welded 
attachments to pads may be made after postweld heat treatment.
* * * * *

0
115. In Sec.  178.338-3, paragraph (b), the last sentence in paragraph 
(g)(2), and paragraph (g)(3)(i) are revised to read as follows:


Sec.  178.338-3  Structural integrity.

* * * * *
    (b) Static design and construction. (1) The static design and 
construction of each tank must be in accordance with appendix G in 
Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter). The tank design must include calculation of stress due to 
the design pressure, the weight of lading, the weight of structures 
supported by the tank wall, and the effect of temperature gradients 
resulting from lading and ambient temperature extremes. When dissimilar 
materials are used, their thermal coefficients must be used in 
calculation of the thermal stresses.
    (2) Stress concentrations in tension, bending, and torsion which 
occur at pads, cradles, or other supports must be considered in 
accordance with appendix G in Section VIII of the ASME Code.
* * * * *
    (g) * * *
    (2) * * * Attachments meeting the requirements of this paragraph 
are not authorized for cargo tanks constructed under part UHT in 
Section VIII of the ASME Code.
* * * * *
    (3) * * *
    (i) Be fabricated from material determined to be suitable for 
welding to both the cargo tank material and the material of the 
appurtenance or structural support member; a Design Certifying Engineer 
must make this determination considering chemical and physical 
properties of the materials and must specify filler material conforming 
to the requirements in Section IX of the ASME Code (IBR, see Sec.  
171.7 of this subchapter).

0
116. In Sec.  178.338-4, paragraph (a) is revised to read as follows:


Sec.  178.338-4  Joints.

    (a) All joints in the tank, and in the jacket if evacuated, must be 
as prescribed in Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter), except that a butt weld with one plate edge offset is 
not authorized.
* * * * *

0
117. In Sec.  178.338-5, paragraph (a) is revised to read as follows:


Sec.  178.338-5  Stiffening rings.

    (a) A tank is not required to be provided with stiffening rings, 
except as prescribed in Section VIII of the ASME Code (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

0
118. In Sec.  178.338-6, paragraph (a) is revised to read as follows:


Sec.  178.338-6  Manholes.

    (a) Each tank in oxygen service must be provided with a manhole as 
prescribed in Section VIII of the ASME Code (IBR, see Sec.  171.7 of 
this subchapter).
* * * * *

0
119. In Sec.  178.338-13, the last three sentences in paragraph (a) 
introductory text and the last two sentences in paragraph (b) 
introductory text are revised to read as follows:


Sec.  178.338-13  Supports and anchoring.

* * * * *
    (a) * * * The design calculations for the supports and load-bearing 
tank or jacket, and the support attachments must include beam stress, 
shear stress, torsion stress, bending moment, and acceleration stress 
for the loaded vehicle as a unit, using a safety factor of four, based 
on the tensile strength of the material, and static loading that uses 
the weight of the cargo tank and its attachments when filled to the 
design weight of the lading (see appendix G in Section VIII of the ASME 
Code) (IBR, see Sec.  171.7 of this subchapter), multiplied by the 
following factors. The effects of fatigue must also be considered in 
the calculations. Minimum static loadings must be as follows:
    (b) * * * Static loadings must take into consideration the weight 
of the tank and the structural members when the tank is filled to the 
design weight of

[[Page 75755]]

lading (see appendix G in Section VIII of the ASME Code), multiplied by 
the following factors. When load rings in the jacket are used for 
supporting the tank, they must be designed to carry the fully loaded 
tank at the specified static loadings, plus external pressure. Minimum 
static loadings must be as follows:
* * * * *

0
120. In Sec.  178.338-15 is revised to read as follows:


Sec.  178.338-15  Cleanliness.

    A cargo tank constructed for oxygen service must be thoroughly 
cleaned to remove all foreign material in accordance with CGA G-4.1 
(IBR, see Sec.  171.7 of this subchapter). All loose particles from 
fabrication, such as weld beads, dirt, grinding wheel debris, and other 
loose materials, must be removed prior to the final closure of the 
manhole of the tank. Chemical or solvent cleaning with a material 
compatible with the intending lading must be performed to remove any 
contaminants likely to react with the lading.

0
121. In Sec.  178.338-16, paragraph (a), the first sentence in 
paragraph (c), and paragraph (d) are revised to read as follows:


Sec.  178.338-16  Inspection and testing.

    (a) General. The material of construction of a tank and its 
appurtenances must be inspected for conformance to Section VIII of the 
ASME Code (IBR, see Sec.  171.7 of this subchapter). The tank must be 
subjected to either a hydrostatic or pneumatic test. The test pressure 
must be one and one-half times the sum of the design pressure, plus 
static head of lading, plus 101.3 kPa (14.7 psi) if subjected to 
external vacuum, except that for tanks constructed in accordance with 
Part UHT in Section VIII of the ASME Code the test pressure must be 
twice the design pressure.
* * * * *
    (c) Weld inspection. All tank shell or head welds subject to 
pressure shall be radiographed in accordance with Section VIII of the 
ASME Code. * * *
    (d) Defect repair. All cracks and other defects must be repaired as 
prescribed in Section VIII of the ASME Code. The welder and the welding 
procedure must be qualified in accordance with Section IX of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter). After repair, the tank 
must again be postweld heat-treated, if such heat treatment was 
previously performed, and the repaired areas must be retested.
* * * * *

0
122. In Sec.  178.338-17, paragraph (b) is revised to read as follows:


Sec.  178.338-17  Pumps and compressors.

* * * * *
    (b) A valve or fitting made of aluminum with internal rubbing or 
abrading aluminum parts that may come in contact with oxygen (cryogenic 
liquid) may not be installed on any cargo tank used to transport oxygen 
(cryogenic liquid) unless the parts are anodized in accordance with 
ASTM B 580 (IBR, see Sec.  171.7 of this subchapter).

0
123. In Sec.  178.338-18, paragraphs (a)(1) and (a)(3) are revised to 
read as follows:


Sec.  178.338-18  Marking.

    (a) * * *
    (1) The plates must be legibly marked by stamping, embossing, or 
other means of forming letters into the metal of the plate, with the 
information required in paragraphs (b) and (c) of this section, in 
addition to that required by Section VIII of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter), in characters at least 3/16 inch high 
(parenthetical abbreviations may be used). All plates must be 
maintained in a legible condition.
* * * * *
    (3) The information required for both the name and specification 
plate may be displayed on a single plate. If the information required 
by this section is displayed on a plate required by Section VIII of the 
ASME Code, the information need not be repeated on the name and 
specification plates.
* * * * *


0
124. In Sec.  178.338-19, paragraph (a)(1) is revised to read as 
follows:


Sec.  178.338-19  Certification.

    (a) * * *
    (1) The tank manufacturer's data report as required by the ASME 
Code (IBR, see Sec.  171.7 of this subchapter), and a certificate 
bearing the manufacturer's vehicle serial number stating that the 
completed cargo tank motor vehicle conforms to all applicable 
requirements of Specification MC 338, including Section VIII of the 
ASME Code (IBR, see Sec.  171.7 of this subchapter) in effect on the 
date (month, year) of certification. The registration numbers of the 
manufacturer, the Design Certifying Engineer, and the Registered 
Inspector, as appropriate, must appear on the certificates (see subpart 
F, part 107 in subchapter B of this chapter).
* * * * *


0
125. In Sec.  178.345-1, paragraph (f) is revised to read as follows:


Sec.  178.345-1  General requirements.

* * * * *
    (f) Each cargo tank must be designed and constructed in conformance 
with the requirements of the applicable cargo tank specification. Each 
DOT 412 cargo tank with a ``MAWP'' greater than 15 psig, and each DOT 
407 cargo tank with a maximum allowable working pressure greater than 
35 psig must be ``constructed and certified in conformance with Section 
VIII of the ASME Code'' (IBR, see Sec.  171.7 of this subchapter) 
except as limited or modified by the applicable cargo tank 
specification. Other cargo tanks must be ``constructed in accordance 
with Section VIII of the ASME Code,'' except as limited or modified by 
the applicable cargo tank specification.
* * * * *


0
126. In Sec.  178.345-2, paragraph (a) introductory text and paragraph 
(a)(1) are revised to read as follows:


Sec.  178.345-2  Material and material thickness.

    (a) All material for shell, heads, bulkheads, and baffles must 
conform to Section II of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter) except as follows:
    (1) The following steels are also authorized for cargo tanks 
``constructed in accordance with the ASME Code'', Section VIII.
* * * * *


0
127. In Sec.  178.345-3, paragraphs (a)(1), (b), (b)(1), and (b)(2) are 
revised to read as follows:


Sec.  178.345-3  Structural integrity.

    (a) * * *
    (1) The maximum calculated design stress at any point in the cargo 
tank wall may not exceed the maximum allowable stress value prescribed 
in Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter), or 25 percent of the tensile strength of the material used 
at design conditions.
* * * * *
    (b) ASME Code design and construction. The static design and 
construction of each cargo tank must be in accordance with Section VIII 
of the ASME Code. The cargo tank design must include calculation of 
stresses generated by the MAWP, the weight of the lading, the weight of 
structures supported by the cargo tank wall and the effect of 
temperature gradients resulting from lading and ambient temperature 
extremes. When dissimilar materials are used, their thermal 
coefficients must be used in the calculation of thermal stresses.

[[Page 75756]]

    (1) Stress concentrations in tension, bending and torsion which 
occur at pads, cradles, or other supports must be considered in 
accordance with appendix G in Section VIII of the ASME Code.
    (2) Longitudinal compressive buckling stress for ASME certified 
vessels must be calculated using paragraph UG-23(b) in Section VIII of 
the ASME Code. For cargo tanks not required to be certified in 
accordance with the ASME Code, compressive buckling stress may be 
calculated using alternative analysis methods which are accurate and 
verifiable. When alternative methods are used, calculations must 
include both the static loads described in this paragraph and the 
dynamic loads described in paragraph (c) of this section.
* * * * *


0
128. In Sec.  178.345-4, paragraph (a) is revised to read as follows:


Sec.  178.345-4  Joints.

    (a) All joints between the cargo tank shell, heads, baffles, baffle 
attaching rings, and bulkheads must be welded in conformance with 
Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *


0
129. In Sec.  178.345-7, paragraphs (a)(1) and (d)(3) are revised to 
read as follows:


Sec.  178.345-7  Circumferential reinforcements.

    (a) * * *
    (1) Circumferential reinforcement must be located so that the 
thickness and tensile strength of the shell material in combination 
with the frame and reinforcement produces structural integrity at least 
equal to that prescribed in Sec.  178.345-3 and in such a manner that 
the maximum unreinforced portion of the shell does not exceed 60 
inches. For cargo tanks designed to be loaded by vacuum, spacing of 
circumferential reinforcement may exceed 60 inches provided the maximum 
unreinforced portion of the shell conforms with the requirements in 
Section VIII of the ASME Code (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *
    (d) * * *
    (3) When used to meet the vacuum requirements of this section, ring 
stiffeners must be as prescribed in Section VIII of the ASME Code.
* * * * *


0
130. In Sec.  178.345-14, the first sentence of paragraph (a) is 
revised to read as follows:


Sec.  178.345-14  Marking.

    (a) General. The manufacturer shall certify that each cargo tank 
motor vehicle has been designed, constructed and tested in accordance 
with the applicable Specification DOT 406, DOT 407 or DOT 412 
(Sec. Sec.  178.345, 178.346, 178.347, 178.348) cargo tank requirements 
and, when applicable, with Section VIII of the ASME Code (IBR, see 
Sec.  171.7 of this subchapter). * * *
* * * * *


0
131. In Sec.  178.345-15, paragraph (b)(2) is revised to read as 
follows:


Sec.  178.345-15  Certification.

* * * * *
    (b) * * *
    (2) For each ASME cargo tank, a cargo tank manufacturer's data 
report as required by Section VIII of the ASME Code (IBR, see Sec.  
171.7 of this subchapter). For each cargo tank motor vehicle, a 
certificate signed by a responsible official of the manufacturer and a 
Registered Inspector certifying that the cargo tank motor vehicle is 
constructed, tested and completed in conformance with the applicable 
specification.
* * * * *


0
132. In Sec.  178.346-1, paragraphs (d), (d)(1), (d)(8), and (d)(10) 
are revised to read as follows:


Sec.  178.346-1  General requirements.

* * * * *
    (d) Each cargo tank must be ``constructed in accordance with 
Section VIII of the ASME Code'' (IBR, see Sec.  171.7 of this 
subchapter) except as modified herein:
    (1) The record-keeping requirements contained in the ASME Code 
Section VIII do not apply. Parts UG-90 through 94 in Section VIII do 
not apply. Inspection and certification must be made by an inspector 
registered in accordance with subpart F of part 107.
* * * * *
    (8) The following paragraphs in parts UG and UW in Section VIII of 
the ASME Code do not apply: UG-11, UG-12, UG-22(g), UG-32(e), UG-34, 
UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, UW-13(b)(2), 
UW-13.1(f) and the dimensional requirements found in Figure UW-13.1.
* * * * *
    (10) The requirements of paragraph UW-9(d) in Section VIII of the 
ASME Code do not apply.

0
133. In Sec.  178.346-3, paragraph (b)(3) is revised to read as 
follows:


Sec.  178.346-3  Pressure relief.

* * * * *
    (b) * * *
    (3) Notwithstanding the requirements in Sec.  178.345-10(b), after 
August 31, 1996, each pressure relief valve must be able to withstand a 
dynamic pressure surge reaching 30 psig above the design set pressure 
and sustained above the set pressure for at least 60 milliseconds with 
a total volume of liquid released not exceeding 1 L before the relief 
valve recloses to a leak-tight condition. This requirement must be met 
regardless of vehicle orientation. This capability must be demonstrated 
by testing. TTMA RP No. 81 (IBR, see Sec.  171.7 of this subchapter), 
cited at Sec.  178.345-10(b)(3)(i), is an acceptable test procedure.
* * * * *

0
134. In Sec.  178.347-1, paragraphs (c), (d), (d)(1) and (d)(8) are 
revised to read as follows:


Sec.  178.347-1  General requirements.

* * * * *
    (c) Any cargo tank built to this specification with a MAWP greater 
than 35 psig and each tank designed to be loaded by vacuum must be 
constructed and certified in conformance with Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter). The external design 
pressure for a cargo tank loaded by vacuum must be at least 15 psi.
    (d) Each cargo tank built to this specification with MAWP of 35 
psig or less must be ``constructed in accordance with Section VIII of 
the ASME Code'' except as modified.
    (1) The record-keeping requirements contained in Section VIII of 
the ASME Code do not apply. The inspection requirements of parts UG-90 
through 94 do not apply. Inspection and certification must be made by 
an inspector registered in accordance with subpart F of part 107.
* * * * *
    (8) The following paragraphs in parts UG and UW in Section VIII the 
ASME Code do not apply: UG-11, UG-12, UG-22(g), UG-32(e), UG-34, UG-35, 
UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, UW-12, UW-13(b)(2), 
UW-13.1(f), and the dimensional requirements found in Figure UW-13.1.
* * * * *

0
135. In Sec.  178.348-1, paragraphs (e)(1), (e)(2), (e)(2)(i) and 
(e)(2)(viii) are revised to read as follows:


Sec.  178.348-1  General requirements.

* * * * *
    (e) * * *
    (1) MAWP greater than 15 psig must be ``constructed and certified 
in conformance with Section VIII of the

[[Page 75757]]

ASME Code'' (IBR, see Sec.  171.7 of this subchapter); or
    (2) MAWP of 15 psig or less must be ``constructed in accordance 
with Section VIII of the ASME Code,'' except as modified herein:
    (i) The recordkeeping requirements contained in Section VIII of the 
ASME Code do not apply. Parts UG-90 through 94 in Section VIII do not 
apply. Inspection and certification must be made by an inspector 
registered in accordance with subpart F of part 107.
* * * * *
    (viii) The following paragraphs in parts UG and UW in Section VIII 
of the ASME Code do not apply: UG-11, UG-12, UG-22(g), UG-32(e), UG-34, 
UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, UW-13(b)(2), 
UW-13.1(f), and the dimensional requirements found in Figure UW-13.1.

0
136. In Sec.  178.356-1, paragraph (e) is revised to read as follows:


Sec.  178.356-1  General requirements.

* * * * *
    (e) Drawings in DOE CAPE-1662, Rev. 1 and Supplement 1 (IBR, see 
Sec.  171.7 of this subchapter), which include bills of material, are a 
part of this specification.
* * * * *

0
137. In Sec.  178.356-2, paragraph (a) introductory text, and 
paragraphs (d) and (e) are revised to read as follows:


Sec.  178.356-2  Materials of construction and other requirements.

    (a) Phenolic foam insulation must be fire-resistant and fabricated 
in accordance with USDOE Material and Equipment Specification SP-9, 
Rev. 1 and Supplement (IBR, see Sec.  171.7 of this subchapter), which 
is a part of this specification. (Note: Packagings manufactured under 
USAEC Specification SP-9 and Rev. 1 thereto are authorized for 
continued manufacture and use.) A 13.7 cm (5.4-inch) minimum thickness 
of foam must be provided over the entire liner except:
* * * * *
    (d) Vent holes 5 mm (0.2-inch) diameter must be drilled in the 
outer shell to provide pressure relief during the insulation foaming 
and in the event of a fire. These holes, which must be drilled in all 
areas of the shell that mate with the foam insulation, must be spaced 
in accordance with DOE CAPE-1662, Rev. 1 and Supplement 1 (IBR, see 
Sec.  171.7 of this subchapter).
    (e) Welding must be by a fusion welding process in accordance with 
American Welding Society Codes B-3.0 and D-1.0 (IBR, see Sec.  171.7 of 
this subchapter). Body seams and joints for the liner or shell must be 
continuous welds.
* * * * *

0
138. In Sec.  178.358-1, paragraphs (a)(1) and (a)(2) are revised to 
read as follows:


Sec.  178.358-1  General requirements.

    (a) * * *
    (1) Specification 21PF-1 overpacks includes the series of 21PF-1, 
21PF-1A, and 21PF-1B models. Details of the three models are included 
in DOE CAPE-1662, Rev. 1 and Supplement 1 (IBR, see Sec.  171.7 of this 
subchapter).
    (2) Drawings in CAPE-1662, Rev. 1 and Supplement 1, that include 
bills of materials, and KSS-471 (IBR, see Sec.  171.7 of this 
subchapter), are a part of this specification.
* * * * *

0
139. In Sec.  178.358-2, paragraphs (a) introductory text, (b), and (f) 
are revised to read as follows:


Sec.  178.358-2  Materials of construction and other requirements.

    (a) Phenolic foam insulation must be fire resistant and fabricated 
in accordance with USDOE Material and Equipment Specification SP-9, 
Rev. 1 and Supplement (IBR, see Sec.  171.7 of this subchapter), which 
is a part of this specification. (Note: Packagings manufactured under 
USAEC Specification SP-9, and Rev. 1 thereto are authorized for 
continued manufacture and use.) A 14 cm (5.5-inch) minimum thickness of 
foam must be provided over the entire liner except where:
* * * * *
    (b) Gaskets for inner liner, outer shell, or where otherwise 
specified in DOE CAPE-1662, Rev. 1 (IBR, see Sec.  171.7 of this 
subchapter), must be as specified in DOE CAPE-1662, Rev. 1.
* * * * *
    (f) Welding must be by a fusion process in accordance with the 
American Welding Society Codes B-3.0 and D-1.0 (IBR, see Sec.  171.7 of 
this subchapter). Body seams and joints for the liner and shell must be 
continuous welds.
* * * * *

0
140. In Sec.  178.358-3, paragraphs (a) and (b)(5) are revised to read 
as follows:


Sec.  178.358-3  Modification of Specification 21PF-1 overpacks.

    (a) Each Specification 21PF-1 overpack for which construction began 
or was completed before April 1, 1989, in conformance with drawing E-S-
31536-J, Rev. 1 of DOE CAPE-1662 (IBR, see Sec.  171.7 of this 
subchapter), must be modified in conformance with drawing S1E-31536-J1-
D of DOE CAPE-1662, Rev. 1, Supplement 1, before April 1, 1991.
* * * * *
    (b) * * *
    (5) As an alternate moisture measurement, a calibrated moisture 
meter reading for 20 percent maximum water content may be used to 
indicate an end point in the drying cycle, which is detailed in report 
``Renovation of DOT Specification 21PF-1 Protective Shipping 
Packages,'' Report No. K-2057, Revision 1, November 21, 1986, available 
from the USDOE and part of USDOE Report No. KSS-471 (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

0
141. In Sec.  178.358-4, paragraph (a) is revised to read as follows:


Sec.  178.358-4  Construction of Specification 21PF-1B overpacks.

    (a) Each Specification 21PF-1 overpack for which construction began 
after March 31, 1989, must meet the requirements of Specification 21PF-
1B, in conformance with drawings E-S-31536-J-P, and S1E-31536-J2-B of 
DOE CAPE-1662, Rev. 1, Supplement 1 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
142. In Sec.  178.360-4, paragraphs (a)(2) and (a)(2)(i) are revised to 
read as follows:


Sec.  178.360-4  Closure devices.

    (a) * * *
    (2) An opening may be closed by a securely bolted flange and leak-
tight gasket. Each flange must be welded or brazed to the body of the 
2R vessel per (ANSI) Standard B16.5 or (AWWA) Standard C207-55, section 
10 (IBR, see Sec.  171.7 of this subchapter). A torque wrench must be 
used in securing the flange with a corresponding torque of no more than 
twice the force necessary to seal the selected gasket. Gasket material 
must be capable of withstanding up to 149 [deg]C (300 [deg]F) without 
loss of efficiency. The flange, whether of ferrous or nonferrous metal, 
must be constructed from the same metal as the vessel and must meet the 
dimensional and fabrication specifications for welded construction as 
follows:
    (i) Pipe flanges described in Tables 13, 14, 16, 17, 19, 20, 22, 
23, 25 and 26 of ANSI B16.5 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
143. In Sec.  178.503, paragraph (a)(9)(i) is revised to read as 
follows:


Sec.  178.503  Marking of packagings.

    (a) * * *
    (9) * * *
    (i) Metal drums or jerricans must be marked with the nominal 
thickness of

[[Page 75758]]

the metal used in the body. The marked nominal thickness must not 
exceed the minimum thickness of the steel used by more than the 
thickness tolerance stated in ISO 3574 (IBR, see Sec.  171.7 of this 
subchapter). (See appendix C of this part.) The unit of measure is not 
required to be marked. When the nominal thickness of either head of a 
metal drum is thinner than that of the body, the nominal thickness of 
the top head, body, and bottom head must be marked (e.g., ``1.0-1.2-
1.0'' or ``0.9-1.0-1.0'').
* * * * *

0
144. In Sec.  178.516, paragraph (b)(1) is revised to read as follows:


Sec.  178.516  Standards for fiberboard boxes.

* * * * *
    (b) * * *
    (1) Strong, solid or double-faced corrugated fiberboard (single or 
multi-wall) must be used, appropriate to the capacity and intended use 
of the box. The water resistance of the outer surface must be such that 
the increase in mass, as determined in a test carried out over a period 
of 30 minutes by the Cobb method of determining water absorption, is 
not greater than 155 g per square meter (0.0316 pounds per square 
foot)--see ISO 535 (IBR, see Sec.  171.7 of this subchapter). 
Fiberboard must have proper bending qualities. Fiberboard must be cut, 
creased without cutting through any thickness of fiberboard, and 
slotted so as to permit assembly without cracking, surface breaks, or 
undue bending. The fluting of corrugated fiberboard must be firmly 
glued to the facings.
* * * * *

0
145. In Sec.  178.601, paragraph (g)(8) introductory text is revised to 
read as follows:


Sec.  178.601  General requirements.

    (g) * * *
    (8) For a steel drum with a capacity greater than 50 L (13 gallons) 
manufactured from low carbon, cold-rolled sheet steel meeting ASTM 
designations A 366/A 366M or A 568/A 568M variations in elements other 
than the following design elements are considered minor and do not 
constitute a different drum design type, or ``different packaging'' as 
defined in paragraph (c) of this section for which design qualification 
testing and periodic retesting are required. Minor variations 
authorized without further testing include changes in the identity of 
the supplier of component material made to the same specifications, or 
the original manufacturer of a DOT specification or UN standard drum to 
be remanufactured. A change in any one or more of the following design 
elements constitutes a different drum design type:
* * * * *

0
146. In Sec.  178.707, paragraph (c)(4)(iv)(A) is revised to read as 
follows:


Sec.  178.707  Standards for composite IBCs.

* * * * *
    (c) * * *
    (4) * * *
    (iv) * * *
    (A) Water resistance of the outer surface must be such that the 
increase in mass, as determined in a test carried out over a period of 
30 minutes by the Cobb method of determining water absorption, is not 
greater than 155 grams per square meter (0.0316 pounds per square 
foot)--see ISO 535 (E) (IBR, see Sec.  171.7 of this subchapter). 
Fiberboard must have proper bending qualities. Fiberboard must be cut, 
creased without cutting through any thickness of fiberboard, and 
slotted so as to permit assembly without cracking, surface breaks, or 
undue bending. The fluting of corrugated fiberboard must be firmly 
glued to the facings.
* * * * *

0
147. In Sec.  178.708, paragraphs (c)(2) introductory text and 
(c)(2)(i) are revised to read as follows:


Sec.  178.708  Standards for fiberboard IBCs.

* * * * *
    (c) * * *
    (2) Fiberboard IBCs must be constructed of strong, solid or double-
faced corrugated fiberboard (single or multiwall) that is appropriate 
to the capacity of the outer packaging and its intended use. Water 
resistance of the outer surface must be such that the increase in mass, 
as determined in a test carried out over a period of 30 minutes by the 
Cobb method of determining water absorption, is not greater than 155 
grams per square meter (0.0316 pounds per square foot)--see ISO 535 (E) 
(IBR, see Sec.  171.7 of this subchapter). Fiberboard must have proper 
bending qualities. Fiberboard must be cut, creased without cutting 
through any thickness of fiberboard, and slotted so as to permit 
assembly without cracking, surface breaks, or undue bending. The 
fluting of corrugated fiberboard must be firmly glued to the facings.
    (i) The walls, including top and bottom, must have a minimum 
puncture resistance of 15 Joules (11 foot-pounds of energy) measured 
according to ISO 3036 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
148. In Sec.  178.801, paragraph (i) is revised to read as follows:


Sec.  178.801  General requirements.

* * * * *
    (i) Approval of equivalent packagings. An IBC that differs from the 
standards in subpart N of this part, or that is tested using methods 
other than those specified in this subpart, may be used if approved by 
the Associate Administrator. Such IBCs must be shown to be equally 
effective, and testing methods used must be equivalent. A large 
packaging, as defined in Sec.  171.8 of this subchapter, may be used if 
approved by the Associate Administrator. The large packaging must 
conform to the construction standards, performance testing and 
packaging marking requirements specified in the UN Recommendations 
(IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
149. In Appendix A to Part 178, footnote 2 in Table 1 is revised to 
read as follows:

Appendix A to Part 178--Specifications for Steel

* * * * *
    Table 1 * * *
    \2\ Ferritic grain size 6 or finer according to ASTM E 112-96 
(IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
150. In Appendix C to Part 178, the introductory paragraph is revised 
to read as follows:

Appendix C to Part 178--Nominal and Minimal Thicknesses of Steel Drums 
and Jerricans

    For each listed packaging capacity, the following table compares 
the ISO 3574 (IBR, see Sec.  171.7 of this subchapter) nominal 
thickness with the corresponding ISO 3574 minimum thickness.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
The authority citation for part 179 continues to read as follows:

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

PART 179--[AMENDED]

0
151. In Part 179 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:

179.100-10(c)
179.102-4(a)(1)
179.102-17(b)(1)


[[Page 75759]]



0
152. In Sec.  179.2, paragraph (a)(8) is revised to read as follows:


Sec.  179.2  Definitions and abbreviations.

    (a) * * *
    (8) NPT means an American Standard Taper Pipe Thread conforming to 
the requirements of NBS Handbook H-28 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
153. Section 179.6 is revised to read as follows:


Sec.  179.6  Repairs and alterations.

    For procedure to be followed in making repairs or alterations, see 
appendix R of the AAR Specifications for Tank Cars (IBR, see Sec.  
171.7 of this subchapter).

0
154. In Sec.  179.7, paragraph (b)(8) is revised to read as follows:


Sec.  179.7  Quality assurance program.

* * * * *
    (b) * * *
    (8) Provisions indicating that the requirements of the AAR 
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter), 
apply.
* * * * *

0
155. In Sec.  179.15, paragraphs (a), (c), (d), and (h) are revised to 
read as follows:


Sec.  179.15  Pressure relief devices.

* * * * *
    (a) Performance standard. Each tank must have a pressure relief 
device, made of materials compatible with the lading, having sufficient 
flow capacity to prevent pressure build-up in the tank to no more than 
the flow rating pressure of the pressure relief device in fire 
conditions as defined in appendix A of the AAR Specifications for Tank 
Cars (IBR, see Sec.  171.7 of this subchapter).
* * * * *
    (c) Flow capacity of pressure relief devices. The total flow 
capacity of each reclosing and nonreclosing pressure relief device must 
conform to appendix A of the AAR Specifications for Tank Cars.
    (d) Flow capacity tests. The manufacturer of any reclosing or 
nonreclosing pressure relief device must design and test the device in 
accordance with appendix A of the AAR Specifications for Tank Cars.
* * * * *
    (h) Marking of pressure relief devices. Each pressure relief device 
and rupture disc must be permanently marked in accordance with the 
appendix A of the AAR Specifications for Tank Cars.

0
156. In Sec.  179.16, paragraphs (c)(2) and (c)(3) are revised to read 
as follows:


Sec.  179.16  Tank-head puncture-resistance systems.

* * * * *
    (c) * * *
    (2) The design and test requirements of the full-head protection 
(shields) or full tank-head jackets must meet the impact test 
requirements in Section 5.3 of the AAR Specifications for Tank Cars 
(IBR, see Sec.  171.7 of this subchapter).
    (3) The workmanship must meet the requirements in Section C, Part 
II, Chapter 5, of the AAR Specifications for Design, Fabrication, and 
Construction of Freight Cars (IBR, see Sec.  171.7 of this subchapter).

0
157. Section 179.20 is revised to read as follows:


Sec.  179.20  Service equipment; protection systems.

    If an applicable tank car specification authorizes location of 
filling or discharge connections in the bottom shell, the connections 
must be designed, constructed, and protected according to paragraphs 
E9.00 and E10.00 of the AAR Specifications for Tank Cars (IBR, see 
Sec.  171.7 of this subchapter).

0
158. In Sec.  179.22, paragraph (a) is revised to read as follows:


Sec.  179.22  Marking.

* * * * *
    (a) Each tank car must be marked according to the requirements in 
appendix C of the AAR Specifications for Tank Cars (IBR, see Sec.  
171.7 of this subchapter).
* * * * *

0
159. In Sec.  179.100-7, the table in paragraph (a), paragraph (b) 
introductory text, and paragraph (c)(2)(i) introductory text are 
revised to read as follows:


Sec.  179.100-7  Materials.

* * * * *
    (a) * * *

------------------------------------------------------------------------
                                                              Minimum
                                              Minimum      elongation in
                                              tensile        2 inches
             Specifications                  strength        (percent)
                                             (p.s.i.)         welded
                                              welded         condition
                                           condition\1\   (longitudinal)
------------------------------------------------------------------------
AAR TC 128, Gr. B.......................          81,000              19
ASTM A 302 \2\, Gr.B....................          80,000              20
ASTM A 516 \2\..........................          70,000              20
ASTM A 537 \2\, Class 1.................          70,000             23
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
\2\ These specifications are incorporated by reference (IBR, see Sec.
  171.7 of this subchapter).

    (b) Aluminum alloy plate: Aluminum alloy plate material used to 
fabricate tank shell and manway nozzle must be suitable for fusion 
welding and must comply with one of the following specifications (IBR, 
see Sec.  171.7 of this subchapter) with its indicated minimum tensile 
strength and elongation in the welded condition. * * *
    (c) * * *
    (2) * * *
    (i) High alloy steels used to fabricate tank must be tested in 
accordance with the following procedures in ASTM A 262, ``Standard 
Practices for Detecting Susceptibility to Intergranular Attack in 
Austenitic Stainless Steel'' (IBR, see Sec.  171.7 of this subchapter), 
and must exhibit corrosion rates not exceeding the following: * * *
* * * * *

0
160. In Sec.  179.100-9, paragraph (a) is revised to read as follows:


Sec.  179.100-9  Welding.

    (a) All joints shall be fusion-welded in compliance with the 
requirements of AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter). Welding procedures, welders and 
fabricators shall be approved.
* * * * *

0
161. In Sec.  179.100-10, paragraph (a) is revised to read as follows:


Sec.  179.100-10  Postweld heat treatment.

    (a) After welding is complete, steel tanks and all attachments 
welded thereto must be postweld heat treated as a unit in compliance 
with the requirements of AAR Specifications for Tank Cars, appendix W 
(IBR, see Sec.  171.7 of this subchapter).
* * * * *

[[Page 75760]]


0
162. In Sec.  179.100-12, paragraph (a) is revised to read as follows:


Sec.  179.100-12  Manway nozzle, cover and protective housing.

    (a) Manway nozzles must be of approved design of forged or rolled 
steel for steel tanks or of fabricated aluminum alloy for aluminum 
tanks, with an access opening of at least 18 inches inside diameter, or 
at least 14 inches by 18 inches around or oval. Each nozzle must be 
welded to the tank and the opening reinforced in an approved manner in 
compliance with the requirements of AAR Specifications for Tank Cars, 
appendix E, Figure E10 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
163. In Sec.  179.100-13, paragraph (e) is revised to read as follows:


Sec.  179.100-13  Venting, loading and unloading valves, measuring and 
sampling devices.

* * * * *
    (e) Bottom of tank shell may be equipped with a sump or siphon 
bowl, or both, welded or pressed into the shell. Such sumps or siphon 
bowls, if applied, are not limited in size and must be made of cast, 
forged or fabricated metal. Each sump or siphon bowl must be of good 
welding quality in conjunction with the metal of the tank shell. When 
the sump or siphon bowl is pressed in the bottom of the tank shell, the 
wall thickness of the pressed section must not be less than that 
specified for the shell. The section of a circular cross section tank 
to which a sump or siphon bowl is attached need not comply with the 
out-of-roundness requirement specified in AAR Specifications for Tank 
Cars, appendix W, W14.06 (IBR, see Sec.  171.7 of this subchapter). Any 
portion of a sump or siphon bowl not forming a part of cylinder of 
revolution must have walls of such thickness and be so reinforced that 
the stresses in the walls caused by a given internal pressure are no 
greater than the circumferential stress that would exist under the same 
internal pressure in the wall of a tank of circular cross section 
designed in accordance with Sec.  179.100-6(a), but in no case shall 
the wall thickness be less than that specified in Sec.  179.101-1.

0
164. In Sec.  179.100-14, paragraph (a)(1) is revised to read as 
follows:


Sec.  179.100-14  Bottom outlets.

    (a) * * *
    (1) The extreme projection of the bottom washout equipment may not 
be more than that allowed by appendix E of the AAR Specifications for 
Tank Cars (IBR, see Sec.  171.7 of this subchapter).
* * * * *


Sec.  179.100-18  [Amended]

0
165. In Sec.  179.100-18, amend paragraph (c) 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 its place.

0
166. In Sec.  179.101-1, footnote 6 following the table is revised to 
read as follows:


Sec.  179.101-1  Individual specification requirements.

* * * * *
    \6\ See AAR Specifications for Tank Cars, appendix E, E4.01 
(IBR, see Sec.  171.7 of this subchapter), and Sec.  179.103-2.
* * * * *

0
167. In Sec.  179.102-1, paragraph (a)(1) is revised to read as 
follows:


Sec.  179.102-1  Carbon dioxide, refrigerated liquid.

    (a) * * *
    (1) All plates for tank, manway nozzle and anchorage of tanks must 
be made of carbon steel conforming to ASTM A 516/A 516M (IBR, see Sec.  
171.7 of this subchapter), Grades 55, 60, 65, or 70, or AAR 
Specification TC 128-78, Grade B. The ASTM A 516/A 516M plate must also 
meet the Charpy V-Notch test requirements of ASTM A 20/A 20M (see table 
16) (IBR, see Sec.  171.7 of this subchapter) in the longitudinal 
direction of rolling. The TC 128 plate must also meet the Charpy V-
Notch energy absorption requirements of 15 ft.-lb. minimum average for 
3 specimens, and 10 ft.-lb. minimum for one specimen, at minus 50 
[deg]F in the longitudinal direction of rolling in accord with ASTM A 
370 (IBR, see Sec.  171.7 of this subchapter). Production-welded test 
plates prepared as required by W4.00 of AAR Specifications for Tank 
Cars, appendix W (IBR, see Sec.  171.7 of this subchapter), must 
include impact test specimens of weld metal and heat-affected zone. As 
an alternate, anchor legs may be fabricated of stainless steel, ASTM A 
240/A 240M Types 304, 304L, 316 or 316L, for which impact tests are not 
required.
* * * * *

0
168. In Sec.  179.102-2, paragraph (a)(1) is revised to read as 
follows:


Sec.  179.102-2  Chlorine.

    (a) * * *
    (1) Tanks must be fabricated from carbon steel complying with ASTM 
Specification A 516 (IBR, see Sec.  171.7 of this subchapter), Grade 
70, or AAR Specification TC 128, Grade A or B. * * *
* * * * *

0
169. In Sec.  179.102-4, paragraphs (a)(2) introductory text, 
(a)(2)(i), (a)(2)(ii), and (a)(2)(iii)(A) are revised to read as 
follows:


Sec.  179.102-4  Vinyl fluoride, stabilized.

    (a) * * *
    (2) Steel complying with ASTM Specification A 516 (IBR, see Sec.  
171.7 of this subchapter); Grade 70; ASTM Specification A 537 (IBR, see 
Sec.  171.7 of this subchapter), Class 1; or AAR Specification TC 128, 
Grade B, in which case impact tests must be performed as follows:
    (i) ASTM A 516/A 516M and A 537/A 537M material must meet the 
Charpy V-Notch test requirements, in longitudinal direction of rolling, 
of ASTM A 20/A 20M (IBR, see Sec.  171.7 of this subchapter).
    (ii) AAR Specification TC 128 material must meet the Charpy V-Notch 
test requirements, in longitudinal direction of rolling, of 15 ft.-lb. 
minimum average for 3 specimens, with a 10 ft.-lb. minimum for any one 
specimen, at minus 50 [deg]F or colder, in accordance with ASTM A 370 
(IBR, see Sec.  171.7 of this subchapter).
    (iii) * * *
    (A) Be prepared in accordance with AAR Specifications for Tank 
Cars, appendix W, W4.00 (IBR, see Sec.  171.7 of this subchapter);
* * * * *

0
170. In Sec.  179.102-17, paragraphs (b)(2) introductory text, 
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii)(A) are revised to read as 
follows:


Sec.  179.102-17  Hydrogen chloride, refrigerated liquid.

* * * * *
    (b) * * *
    (2) Steel conforming to ASTM A 516/A 516M (IBR, see Sec.  171.7 of 
this subchapter), Grade 70; ASTM A 537/A 537M, (IBR, see Sec. 171.7 of 
this subchapter) Class 1; or AAR Specification TC 128, Grade B in which 
case impact tests must be performed as follows:
    (i) ASTM A 516/A 516M and A 537/A 537M material must meet the 
Charpy V-notch test requirements, in longitudinal direction of rolling, 
of ASTM A 20/A 20M (IBR, see Sec.  171.7 of this subchapter).
    (ii) AAR Specification TC 128 material must meet the Charpy V-notch 
test requirements, in longitudinal direction of rolling of 15 ft.-lb. 
minimum average for 3 specimens, with a 10 ft.-lb. minimum for any one

[[Page 75761]]

specimen, at minus 50 [deg]F or colder, in accordance with ASTM A 370 
(IBR, see Sec.  171.7 of this subchapter).
    (iii) * * *
    (A) Be prepared in accordance with AAR Specifications for Tank 
Cars, appendix W, W4.00 (IBR, see Sec.  171.7 of this subchapter);
* * * * *

0
171. In Sec.  179.103-5, the first two sentences in paragraph (b)(1) 
are revised to read as follows:


Sec.  179.103-5  Bottom outlets.

* * * * *
    (b) * * *
    (1) The extreme projection of the bottom outlet equipment may not 
be more than allowed by appendix E of the AAR Specifications for Tank 
Cars (IBR, see Sec.  171.7 of this subchapter). All bottom outlet 
reducers and closures and their attachments shall be secured to the car 
by at least \3/8\ inch chain, or its equivalent, except that bottom 
outlet closure plugs may be attached by \1/4\ inch chain. * * *

0
172. In Sec.  179.200-7, the table in paragraph (b), paragraph (c) 
introductory text, footnote 2 of paragraph (d) introductory text, the 
table in paragraph (e), paragraph (f) introductory text, and paragraph 
(h) are revised to read as follows:
* * * * *


Sec.  179.200-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Minimum         Minimum
                                              tensile      elongation in
                                             strength        2 inches
             Specifications                  (p.s.i.)     (percent) weld
                                              welded           metal
                                           condition \1\  (longitudinal)
------------------------------------------------------------------------
AAR TC 128, Gr. B.......................          81,000              19
ASTM A 516 \2\..........................          70,000             20
------------------------------------------------------------------------
\1\ Minimum stresses to be used in calculations.
\2\ This specification is incorporated by reference (IBR, see Sec.
  171.7 of this subchapter).

    (c) Aluminum alloy plate: Aluminum alloy plate must be suitable for 
welding and comply with one of the following specifications (IBR, see 
Sec.  171.7 of this subchapter):
* * * * *
    \2\ High alloy steel materials used to fabricate tank and 
expansion dome, when used, must be tested in accordance with 
Practice A of ASTM Specification A 262 titled, ``Standard Practices 
for Detecting Susceptibility to Intergranular Attack in Austenitic 
Stainless Steels'' (IBR; see Sec.  171.7 of this subchapter). If the 
specimen does not pass Practice A, Practice B or C must be used and 
the corrosion rates may not exceed the following:
* * * * *
    (e) Nickel plate: * * *

------------------------------------------------------------------------
                                                              Minimum
                                              Minimum      elongation in
                                              tensile        2 inches
             Specifications               strength (psi)  (percent) weld
                                              welded           metal
                                           condition \1\  (longitudinal)
------------------------------------------------------------------------
ASTM B 162 \2\..........................          40,000              20
------------------------------------------------------------------------

* * * * *
    (f) Manganese-molybdenum steel plate: Manganese-molybdenum steel 
plate must be suitable for fusion welding and comply with the following 
specification (IBR, see Sec.  171.7 of this subchapter): * * *
* * * * *
    (h) All external projections that may be in contact with the lading 
and all castings, forgings, or fabrications used for fittings or 
attachments to tank and expansion dome, when used, in contact with 
lading must be made of material to an approved specification. See AAR 
Specifications for Tank Cars, appendix M, M4.05 (IBR, see Sec.  171.7 
of this subchapter) for approved material specifications for castings 
for fittings.

0
173. In Sec.  179.200-9, paragraph (a) is revised to read as follows:


Sec.  179.200-9  Compartment tanks.

    (a) When a tank is divided into compartments, by inserting interior 
heads, interior heads must be inserted in accordance with AAR 
Specifications for Tank Cars, appendix E, E7.00 (IBR, see Sec.  171.7 
of this subchapter), and must comply with the requirements specified in 
Sec.  179.201-1. Voids between compartment heads must be provided with 
at least one tapped drain hole at their lowest point, and a tapped hole 
at the top of the tank. The top hole must be closed, and the bottom 
hole may be closed, with not less than three-fourths inch and not more 
than 1\1/2\-inch solid pipe plugs having NPT threads.
* * * * *

0
174. In Sec.  179.200-10, paragraph (a) is revised to read as follows:


Sec.  179.200-10  Welding.

    (a) All joints shall be fusion-welded in compliance with the 
requirements of AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter). Welding procedures, welders and 
fabricators shall be approved.

0
175. Section 179.200-11 is revised to read as follows:


Sec.  179.200-11  Postweld heat treatment.

    When specified in Sec.  179.201-1, after welding is complete, 
postweld heat treatment must be in compliance with the requirements of 
AAR Specifications for Tank Cars, appendix W (IBR, see Sec.  171.7 of 
this subchapter).

0
176. In Sec.  179.200-13, paragraph (a) is revised to read as follows:


Sec.  179.200-13  Manway ring or flange, pressure relief device flange, 
bottom outlet nozzle flange, bottom washout nozzle flange and other 
attachments and openings.

    (a) These attachments shall be fusion welded to the tank and 
reinforced in an approved manner in compliance with the requirements of 
appendix E, figure 10, of the AAR Specifications for Tank

[[Page 75762]]

Cars (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
177. In Sec.  179.200-15, paragraph (c) is revised to read as follows:


Sec.  179.200-15  Closures for manways.

* * * * *
    (c) Manway covers must be of approved cast, forged, or fabricated 
metals. Malleable iron, if used, must comply with ASTM A 47 (IBR, see 
Sec.  171.7 of this subchapter), Grade 35018. Cast iron manway covers 
must not be used.
* * * * *

0
178. In Sec.  179.200-17, the first sentence of paragraph (a)(1) is 
revised to read as follows:


Sec.  179.200-17  Bottom outlets.

    (a) * * *
    (1) The extreme projection of the bottom outlet equipment may not 
be more than that allowed by appendix E of the AAR Specifications for 
Tank Cars (IBR, see Sec.  171.7 of this subchapter). * * *
* * * * *

0
179. In Sec.  179.200-22, paragraph (d) is revised to read as follows:


Sec.  179.200-22  Test of tanks.

* * * * *
    (d) Caulking of welded joints to stop leaks developed during the 
foregoing tests is prohibited. Repairs in welded joints shall be made 
as prescribed in AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter).

0
180. Section 179.201-4 is revised to read as follows:


Sec.  179.201-4  Material.

    All fittings, tubes, and castings and all projections and their 
closures, except for protective housing, must also meet the 
requirements specified in ASTM A 262 (IBR, see Sec.  171.7 of this 
subchapter), except that when preparing the specimen for testing the 
carburized surface may be finished by grinding or machining.

0
181. Section 179.201-5 is revised to read as follows:


Sec.  179.201-5  Postweld heat treatment and corrosion resistance.

    (a) Tanks and attachments welded directly thereto must be postweld 
heat treated as a unit at the proper temperature except as indicated 
below. Tanks and attachments welded directly thereto fabricated from 
ASTM A 240/A 240M (IBR, see Sec.  171.7 of this subchapter) Type 430A, 
Type 304 and Type 316 materials must be postweld heat treated as a unit 
and must be tested to demonstrate that they possess the corrosion 
resistance specified in Sec.  179.200-7(d), Footnote 2. Tanks and 
attachments welded directly thereto, fabricated from ASTM A 240/A 240M 
Type 304L or Type 316L materials are not required to be postweld heat 
treated.
    (b) Tanks and attachments welded directly thereto, fabricated from 
ASTM A 240/A 240M Type 304L and Type 316 materials must be tested to 
demonstrate that they possess the corrosion resistance specified in 
Sec.  179.200-7(d), Footnote 2.

0
182. In Sec.  179.201-6, paragraph (c) is revised to read as follows:


Sec.  179.201-6  Manways and manway closures.

* * * * *
    (c) The manway ring and cover for specifications DOT-103CW, 103DW, 
103EW, 111360W7, or 11A100W6 must be made of the metal and have the 
same inspection procedures specified in AAR Specifications for Tank 
Cars, appendix M, M3.03 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
183. In Sec.  179.220-6, in paragraph (a), the definition of ``S'' 
following the formula is revised to read as follows:


Sec.  179.220-6  Thickness of plates.

    (a) * * *
    Where: * * *
    S = Minimum tensile strength of plate material in psi as prescribed 
in AAR Specifications for Tank Cars, appendix M, Table M1 (IBR, see 
Sec.  171.7 of this subchapter);
* * * * *

0
184. In Sec.  179.220-7, the table in paragraph (b), paragraph (c) 
introductory text, paragraph (d) introductory text, and paragraph (e) 
introductory text are revised to read as follows:


Sec.  179.220-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                              Minimum         Minimum
                                              tensile      elongation in
                                             strength        2 inches
             Specifications                  (p.s.i.)     (percent) weld
                                              welded           metal
                                           condition \1\  (longitudinal)
------------------------------------------------------------------------
AAR TC 128, Gr. B.......................          81,000              19
ASTM A 516 \2\, Gr. 70..................          70,000             20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
\2\ This specification is incorporated by reference (IBR, see Sec.
  171.7 of this subchapter).

    (c) Aluminum alloy plate: Aluminum alloy plate must be suitable for 
welding and comply with one of the following specifications (IBR, see 
Sec.  171.7 of this subchapter): * * *
* * * * *
    (d) High alloy steel plate: High alloy steel plate must comply with 
one of the following specifications (IBR, see Sec.  171.7 of this 
subchapter): * * *
    (e) Manganese-molybdenum steel plate: Manganese-molybdenum steel 
plate must be suitable for fusion welding and must comply with the 
following specification (IBR, see Sec.  171.7 of this subchapter): * * 
*
* * * * *

0
185. In Sec.  179.220-10, paragraph (a) is revised to read as follows:


Sec.  179.220-10  Welding.

    (a) All joints must be fusion welded in compliance with AAR 
Specifications for Tank Cars, appendix W (IBR, see Sec.  171.7 of this 
subchapter). Welding procedures, welders, and fabricators shall be 
approved.
* * * * *

0
186. In Sec.  179.220-11, paragraph (b) is revised to read as follows:


Sec.  179.220-11  Postweld heat treatment.

* * * * *
    (b) Postweld heat treatment of the cylindrical portions of the 
outer shell to which the anchorage or draft sills are attached must 
comply with AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter).
* * * * *

0
187. Section 179.220-14 is revised to read as follows:

[[Page 75763]]

Sec.  179.220-14  Openings in the tanks.

    Openings in the inner container and the outer shell must be 
reinforced in compliance with AAR Specifications for Tank Cars, 
appendix E (IBR, see Sec.  171.7 of this subchapter). In determining 
the required reinforcement area for openings in the outer shell, t 
shall be one-fourth inch.

0
188. In Sec.  179.220-18, the first sentence in paragraph (a)(1) is 
revised to read as follows:


179.220-18  Bottom outlets.

    (a) * * *
    (1) The extreme projection of the bottom outlet equipment may not 
be more than that allowed by appendix E of the AAR Specifications for 
Tank Cars (IBR, see Sec.  171.7 of this subchapter). * * *
* * * * *

0
189. In Sec.  179.220-26, paragraph (a) is revised to read as follows:


Sec.  179.220-26  Stenciling.

    (a) The outer shell, or the jacket if the outer shell is insulated, 
must be stenciled in compliance with AAR Specifications for Tank Cars, 
appendix C (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
190. In Sec.  179.300-7, the table in paragraph (a) is revised to read 
as follows:


Sec.  179.300-7  Materials.

    (a) * * *

------------------------------------------------------------------------
                                                           Elongation in
                                              Tensile        2 inches
                                          strength (psi)     (percent)
           Specifications \2\                 welded          welded
                                           condition \1\   condition \1\
                                             (minimum)    (longitudinal)
                                                             (minimum)
------------------------------------------------------------------------
ASTM A 240/A 240M type 304..............          75,000              25
ASTM A 240/A 240M type 304L.............          70,000              25
ASTM A 240/A 240M type 316..............          75,000              25
ASTM A 240/A 240M type 316L.............          70,000              25
ASTM A 240/A 240M type 321..............          75,000              25
ASTM A 285 Gr. A........................          45,000              29
ASTM A 285 Gr. B........................          50,000              20
ASTM A 285 Gr. C........................          55,000              20
ASTM A 515/A 515M Gr. 65................          65,000              20
ASTM A 515/A 515M Gr. 70................          70,000              20
ASTM A 516/A 516M Gr. 70................          70,000              20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
\2\ These specifications are incorporated by reference (IBR, see Sec.
  171.7 of this subchapter.)

* * * * *

0
191. In Sec.  179.300-9, paragraph (a) is revised to read as follows:


Sec.  179.300-9  Welding.

    (a) Longitudinal joints must be fusion welded. Head-to-shell joints 
must be forge welded on class DOT-106A tanks and fusion welded on class 
DOT-110A tanks. Welding procedures, welders and fabricators must be 
approved in accordance with AAR Specifications for Tank Cars, appendix 
W (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
192. Section 179.300-10 is revised to read as follows:


Sec.  179.300-10  Postweld heat treatment.

    After welding is complete, steel tanks and all attachments welded 
thereto, must be postweld heat treated as a unit in compliance with the 
requirements of AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter).

0
193. In Sec.  179.300-15, paragraph (a) is revised to read as follows:


Sec.  179.300-15  Pressure relief devices.

    (a) Unless prohibited in part 173 of this subchapter, tanks shall 
be equipped with one or more relief devices of approved type, made of 
metal not subject to rapid deterioration by the lading and screwed 
directly into tank heads or attached to tank heads by other approved 
methods. The total discharge capacity shall be sufficient to prevent 
building up pressure in tank in excess of 82.5 percent of the tank test 
pressure. When relief devices of the fusible plug type are used, the 
required discharge capacity shall be available in each head. See AAR 
Specifications for Tank Cars, appendix A (IBR, see Sec.  171.7 of this 
subchapter), for the formula for calculating discharge capacity.
* * * * *

0
194. In Sec.  179.300-17, paragraph (b) is revised to read as follows:


Sec.  179.300-17  Tests of pressure relief devices.

* * * * *
    (b) Rupture disks of non-reclosing pressure relief devices must be 
tested and qualified as prescribed in appendix A, Paragraph 5, of the 
AAR Manual of Standards and Recommended Practices, Section C--Part III, 
AAR Specifications for Tank Cars (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

0
195. In Sec.  179.400-3, paragraph (a)(1) is revised to read as 
follows:


Sec.  179.400-3  Type.

    (a) * * *
    (1) Consist of an inner tank of circular cross section supported 
essentially concentric within an outer jacket of circular cross 
section, with the out of roundness of both the inner tank and outer 
jacket limited in accordance with Paragraph UG-80 in Section VIII of 
the ASME Code (IBR, see Sec.  171.7 of this subchapter);
* * * * *

0
196. In Sec.  179.400-5, paragraph (a) introductory text is revised to 
read as follows:


Sec.  179.400-5  Materials.

    (a) Stainless steel of ASTM A 240/A 240M (IBR, see Sec.  171.7 of 
this subchapter), Type 304 or 304L must be used for the inner tank and 
its appurtenances, as specified in AAR Specifications for Tank Cars, 
appendix M (IBR, see Sec.  171.7 of this subchapter), and must be--
* * * * *

0
197. In Sec.  179.400-6, paragraph (b) is revised to read as follows:


Sec.  179.400-6  Bursting and buckling pressure.

* * * * *
    (b) The outer jacket of the required evacuated insulation system 
must be

[[Page 75764]]

designed in accordance with Sec.  179.400-8(d) and in addition must 
comply with the design loads specified in Section 6.2 of the AAR 
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter). 
The designs and calculations must provide for the loadings transferred 
to the outer jacket through the support system.

0
198. In Sec.  179.400-8, in paragraph (a), the definition of ``S'' 
following the formula is revised to read as follows:


Sec.  179.400-8  Thickness of plates.

    (a) * * *
    Where: * * *
* * * * *
    S = minimum tensile strength of the plate material, as prescribed 
in AAR Specifications for Tank Cars, appendix M, Table M1 (IBR, see 
Sec.  171.7 of this subchapter), in psi;
* * * * *

0
199. In Sec.  179.400-11, paragraph (c) is revised to read as follows:


Sec.  179.400-11  Welding.

* * * * *
    (c) Each joint must be welded in accordance with the requirements 
of AAR Specifications for Tank Cars, appendix W (IBR, see Sec.  171.7 
of this subchapter).
* * * * *

0
200. In Sec.  179.400-12, paragraph (b) introductory text is revised to 
read as follows:


Sec.  179.400-12  Postweld heat treatment.

* * * * *
    (b) The cylindrical portion of the outer jacket, with the exception 
of the circumferential closing seams, must be postweld heat treated as 
prescribed in AAR Specifications for Tank Cars, appendix W (IBR, see 
Sec.  171.7 of this subchapter). Any item to be welded to this portion 
of the outer jacket must be attached before postweld heat treatment. 
Welds securing the following need not be postweld heat treated when it 
is not practical due to final assembly procedures:
* * * * *

0
201. Section 179.400-15 is revised to read as follows:


Sec.  179.400-15  Radioscopy.

    Each longitudinal and circumferential joint of the inner tank, and 
each longitudinal and circumferential double welded butt joint of the 
outer jacket, must be examined along its entire length in accordance 
with the requirements of AAR Specifications for Tank Cars, appendix W 
(IBR, see Sec.  171.7 of this subchapter).

0
202. In Sec.  179.400-18, paragraph (b) is revised to read as follows:


Sec.  179.400-18  Test of inner tank.

* * * * *
    (b) Caulking of welded joints to stop leaks developed during the 
test is prohibited. Repairs to welded joints must be made as prescribed 
in AAR Specifications for Tank Cars, appendix W (IBR, see Sec.  171.7 
of this subchapter).

0
203. In Sec.  179.400-20, paragraph (c)(1) is revised to read as 
follows:


Sec.  179.400-20  Pressure relief devices.

* * * * *
    (c) * * *
    (1) Safety vent. The safety vent shall function at the pressure 
specified in Sec.  179.401-1. The safety vent must be flow rated in 
accordance with the applicable provisions of AAR Specifications for 
Tank Cars, appendix A (IBR, see Sec.  171.7 of this subchapter), and 
provide sufficient capacity to meet the requirements of AAR 
Specifications for Tank Cars, appendix A, A8.07(a).
* * * * *

0
204. In Sec.  179.400-25, the introductory text is revised to read as 
follows:


Sec.  179.400-25  Stenciling.

    Each tank car must be stenciled in compliance with the provisions 
of the AAR Specifications for Tank Cars, appendix C (IBR, see Sec.  
171.7 of this subchapter). The stenciling must also include the 
following:
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
The authority citation for part 180 continues to read as follows:

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

PART 180--[AMENDED]

0
205. In Part 180, 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:

180.205(f)(1)
180.209(b)(1)(iii)
180.209(d)
180.209(e)
180.209(g)
180.209(i)(1) introductory text
180.211(c)(1)(iv)
180.211(d)(1)(ii)


0
206. In Part 180, 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:

180.209(f)
180.209(i)(2)


0
207. In Sec.  180.209, paragraph (k) is revised to read as follows:


Sec.  180.209  Requirements for requalification of specification 
cylinders.

* * * * *
    (k) 3HT cylinders. In addition to the other requirements of this 
section, a cylinder marked DOT-3HT must be requalified in accordance 
with CGA C-8 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
208. In Sec.  180.407, paragraph (g)(3) is revised to read as follows:


Sec.  180.407  Requirements for test and inspection of specification 
cargo tanks.

* * * * *
    (g) * * *
    (3) Each MC 330 and MC 331 cargo tank constructed of quenched and 
tempered steel in accordance with Part UHT in Section VIII of the ASME 
Code (IBR, see Sec.  171.7 of this subchapter), or constructed of other 
than quenched and tempered steel but without postweld heat treatment, 
used for the transportation of anhydrous ammonia or any other hazardous 
materials that may cause corrosion stress cracking, must be internally 
inspected by the wet fluorescent magnetic particle method immediately 
prior to and in conjunction with the performance of the pressure test 
prescribed in this section. Each MC 330 and MC 331 cargo tank 
constructed of quenched and tempered steel in accordance with Part UHT 
in Section VIII of the ASME Code and used for the transportation of 
liquefied petroleum gas must be internally inspected by the wet 
fluorescent magnetic particle method immediately prior to and in 
conjunction with the performance of the pressure test prescribed in 
this section. The wet fluorescent magnetic particle inspection must be 
in accordance with Section V of the ASME Code and CGA Technical 
Bulletin TB-2 (IBR, see Sec.  171.7 of this subchapter). This paragraph 
does not apply to cargo tanks that do not have manholes. (See Sec.  
180.417(c) for reporting requirements.)
* * * * *

0
209. In Sec.  180.411, paragraph (b) introductory text is revised to 
read as follows:


Sec.  180.411  Acceptable results of tests and inspections.

* * * * *
    (b) Dents, cuts, digs and gouges. For evaluation procedures, see 
CGA C-6 (IBR, see Sec.  171.7 of this subchapter).
* * * * *

[[Page 75765]]


0
210. In Sec.  180.413, paragraph (b)(6) is revised to read as follows:


Sec.  180.413  Repair, modification, stretching, rebarrelling, or 
mounting of specification cargo tanks.

* * * * *
    (b) * * *
    (6) MC 330 and MC 331 cargo tanks must be repaired in accordance 
with the repair procedures described in CGA Technical Bulletin TB-2 
(IBR, see Sec.  171.7 of this subchapter) and the National Board 
Inspection Code (IBR, see Sec.  171.7 of this subchapter). Each cargo 
tank having cracks or other defects requiring welded repairs must meet 
all inspection, test, and heat treatment requirements in Sec.  178.337-
16 of this subchapter in effect at the time of the repair, except that 
postweld heat treatment after minor weld repairs is not required. When 
a repair is made of defects revealed by the wet fluorescent magnetic 
particle inspection, including those repaired by grinding, the affected 
area of the cargo tank must again be examined by the wet fluorescent 
magnetic particle method after hydrostatic testing to assure that all 
defects have been removed.
* * * * *

0
211. In Sec.  180.509, in paragraph (g)(1)(ii), Note 2 following the 
table is revised to read as follows:


Sec.  180.509  Requirements for inspection and test of specification 
tank cars.

* * * * *
    (g) * * *
    (1) * * *
    (ii) * * *

    Notes: * * *

    2. Any reduction in the tank car shell may not affect the 
structural strength of the tank car so that the tank car shell no 
longer conforms to Section 6.2 of the AAR Specifications for Tank 
Cars (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
212. In Sec.  180.513, paragraph (a) is revised to read as follows:


Sec.  180.513  Repairs, alterations, conversions, and modifications.

    (a) In order to repair tank cars, the tank car facility must comply 
with the requirements of appendix R of the AAR Specifications for Tank 
Cars (IBR, see Sec.  171.7 of this subchapter).
* * * * *

0
213. In Sec.  180.515, paragraph (a) is revised to read as follows:


Sec.  180.515  Markings.

    (a) When a tank car passes the required inspection and test with 
acceptable results, the tank car facility shall mark the date of the 
inspection and test and the due date of the next inspection and test on 
the tank car in accordance with appendix C of the AAR Specifications 
for Tank Cars (IBR, see Sec.  171.7 of this subchapter). When a tank 
car facility performs multiple inspection and test at the same time, 
one date may be used to satisfy the requirements of this section. One 
date also may be shown when multiple inspection and test have the same 
due date.
* * * * *

0
214. In Sec.  180.517, paragraph (a) is revised to read as follows:


Sec.  180.517  Reporting and record retention requirements.

    (a) Certification and representation. Each owner of a specification 
tank car shall retain the certificate of construction (AAR Form 4-2) 
and related papers certifying that the manufacture of the specification 
tank car identified in the documents is in accordance with the 
applicable specification. The owner shall retain the documents 
throughout the period of ownership of the specification tank car and 
for one year thereafter. Upon a change of ownership, the requirements 
in Section 1.3.15 of the AAR Specifications for Tank Cars (IBR, see 
Sec.  171.7 of this subchapter) apply.
* * * * *

0
215. In Sec.  180.519, paragraph (c) is revised to read as follows:


Sec.  180.519  Periodic retest and inspection of tank cars other than 
single-unit tank car tanks.

* * * * *
    (c) Visual inspection. Tanks of Class DOT 106A and DOT 110A-W 
specifications (Sec. Sec.  179.300 and 179.301 of this subchapter) used 
exclusively for transporting fluorinated hydrocarbons and mixtures 
thereof, and that are free from corroding components, may be given a 
periodic complete internal and external visual inspection in place of 
the periodic hydrostatic retest. Visual inspections shall be made only 
by competent persons. The tank must be accepted or rejected in 
accordance with the criteria in CGA C-6 (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

    Issued in Washington, DC, on September 24, 2003, under the 
authority delegated in 49 CFR Part 1.
Samuel G. Bonasso,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 03-30613 Filed 12-30-03; 8:45 am]

BILLING CODE 4910-60-P