tions Board, Department of Transportation, 400 Sixth Street SW., Washington, D.C. 20590.

(2) Set forth the text or substance of the rule or amendment proposed, or specify the rule that the petitioner seeks to have repealed, as the case may be.

(3) Explain the interest of the petitioner in the action requested.

(4) Contain information to support the action sought.

§ 170.13 Filing of petitions for special permits for waivers or exemptions. (a) Any person may petition the Board for a special permit for a waiver or exemption from any provision of Parts 171-190 of this chapter or Part 103 of Title 14 (14 CFR Part 103).

(b) Each petition must be submitted in duplicate to the Secretary, Hazardous Materials Regulations Board, Department of Transportation, 400 Sixth Street SW., Washington, D.C. 20590, and contain the following information:

(1) The regulatory provisions involved.

(2) The justification for the permit, including any reasons why the regulations are not appropriate, why the public interest would be served by the proposal, and the basis upon which the proposal would provide an adequate and reasonable degree of safety.

(3) A detailed description of the proposal, including when appropriate, drawings, plans, calculations, procedures, test results, previous approvals or permits, a list of specification containers, if any, to be used, a list of modified specification containers, if any, to be used, and a description of the modifications, and any other supporting information.

(4) The chemical name, common name, hazard classification, form, quantity, properties, and characteristics of the material covered by the proposal, including composition and percentage (specified by volume or weight) of each chemical, if a solution or mixture.

(5) Any relevant shipping or accident experience with the container proposed.

(6) The proposed mode of transportation, and any special transportation controls needed.

(7) The name, address, and telephone number of the petitioner, and that of the motor carrier if a tank motor vehicle is to be used.

(8) A statement or recommendation regarding any changes to the regulations which would be desirable to obviate the need for similar special permits.

(c) Unless there is good reason for priority treatment, each petition is considered in the order in which it is received. To permit timely consideration, petitions should be submitted at least 45 days before the requested effective date. § 170.15 Processing of petitions for rule making and special permits.

(a) General: The Board considers the information submitted by the petitioner and any other available pertinent information. Unless otherwise directed by the Board, no public hearing, argument, or other proceeding is held directly on a petition before its disposition.

(b) Grants: If the Board finds that the petitioner's proposal would provide adequate safety and is otherwise justified, the Board issues the special permit under this subpart or initiates rule-making action under Subpart C of this part.

(c) Denials: If the Board finds the petitioner's proposal would not provide adequate safety or is not otherwise justified, the Board denies the petition. The Board will inform the petitioner of the basis for the denial.

(d) The treatment of confidential or proprietary material submitted by any petitioner is governed by § 7.59 of this title.

§ 170.21

Subpart C-Procedures

General.

(a) Unless the Board finds, for good cause, that notice is impracticable, unnecessary, or contrary to the public interest (and incorporates the finding and a brief statement of the reasons therefor in the preamble to the rule), a notice of proposed rule making is issued and interested persons are invited to participate in the rule-making proceedings with respect to each substantive rule. Normally, the Board will provide a minimum of 30 days for comment on each notice.

(b) Unless the Board determines that notice and public rule-making proceedings are desirable, interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice are prescribed as final without notice or other public rule-making proceedings

(c) In its discretion, the Board may invite interested persons to participate in the rule-making proceedings described in § 170.29.

§ 170.23 Contents of notices.

(a) Each notice of proposed rule making is published in the FEDERAL REGISTER, unless all persons subject to it are named therein and are served with a copy.

(b) Each notice, whether published in the FEDERAL REGISTER or served, includes

(1) A statement of the time, place, and nature of the proposed rule-making proceeding;

(2) A reference to the authority under which it is issued;

(3) A description of the subjects and issues involved or the substance or terms of the proposed rule;

(4) A statement of the time for the submission of written comments and the number of copies required; and

(5) A statement of how and to what extent interested persons may participate in the proceeding.

$ 170.25 Petitions for extension of time

to comment.

(a) Any person may petition the Board for an extension of time to submit comments in response to a notice of proposed rule making. The petition must be submitted in duplicate not later than 7 days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments.

(b) The Board grants the extension only if it is in the public interest and the petitioner shows good cause for the extension. If an extension is granted, it is granted to all persons by publication in the FEDERAL REGISTER. § 170.27

ceived.

Consideration of comments re

All timely comments are considered before final action is taken on a rule-making proposal. Late filed comments may be considered so far as practicable. § 170.29

Additional rule-making pro

ceedings.

After issuing a notice of proposed rule making in any particular case, the Board may initiate any further rule-making

(a) Sections 556 and 557 of title 5, United States Code (relating to the conduct of hearings required to be on the record) do not apply to hearings held under this part. As a factfinding proceeding, each hearing is nonadversary and there are no formal pleadings or adverse parties. Any rule issued in a case in which a hearing is held is not necessarily based exclusively on the record of the hearing.

(b) The Board designates one or more of its members or a representative to conduct any hearing held under this part. The General Counsel or a member of his staff serves as legal officer at the hearing.

§ 170.33

Adoption of final rules.

If the Board adopts a rule, it is published in the FEDERAL REGISTER, unless all persons subject to it are named and are served with a copy.

§ 170.35 Petition for rehearing or reconsideration of rule.

(a) Any interested person may petition the Board for reconsideration of any rule issued under this part. Such a petition must be transmitted, in duplicate, to the Secretary, Hazardous Materials Regulations Board, Department of Transportation, 400 Sixth Street Sw., Washington, D.C. 20590, at least 10 days before the effective date of the rule. However, in any case in which a rule becomes effective in less than 15 days after issuance, the petition may be filed at any time before the effective date. Petitions that are not timely filed will be considered as petitions for rule making filled under § 170.11. The petition must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not possible, is not practicable, is unreasonable, or is not in the public interest.

§ 171.1

Plan of the regulations in Parts 171-179 of this chapter.

(a) Regulations in Parts 171-179 of this chapter cover preparation of explosives and other dangerous articles for transportation by common carriers by rail freight, rail express, rail baggage, highway or water, construction of containers, packaging, weight, marking, labeling when required, billing, and shipper's certificate of compliance with these regulations; also cars, loading, storage, billing, placarding, and movement thereof by carriers by rail.

(b) Regulations for equipment and operation of motor vehicles on the highways are published in separate issue of the Department.

§ 171.2 Act of Congress.

(a) Section 833, Title 18 of the United States Code, approved September 6, 1960 (Pub. Law 710, 86th Congress), which amended the act approved June 25, 1948 (Pub. Law 772, 80th Congress), provides that "Any person who knowingly delivers to any carrier engaged in interstate or foreign commerce by land or water, and any person who knowingly carries on or in any car or vehicle of any description operated in the transportation of passengers or property by any carrier engaged in interstate or foreign commerce by land, any explosive, or other dangerous article, specified in or designated by the Department of Transportation pursuant to section 834 of this chapter, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or any person who so delivers any such article without informing such carrier in writing of the true character thereof, at the time such delivery is made, or without plainly marking on the outside of every package containing explosives or other dangerous articles the contents thereof, if such marking is required by regulations prescribed by the Department of Transportation, shall be fined" or imprisoned, as provided in the Act.

§ 171.3 Changes in the regulations, shippers by rail, highway, and water, and carriers by rail and highway.

(a) Section 834 of the act of September 6, 1960, authorizes the Department to formulate regulations for the safe transportation of explosives and other dangerous articles and, either upon its own motion or upon application by any interested party, to make changes or modifications in such regulations made desirable by new information or altered conditions. It further provides that in the execution of sections 831-835 of the act the Department may utilize the services of carrier and shipper associations, including the Bureau for the Safe Transportation of Explosives and other Dangerous Articles (hereafter called Bureau of Explosives). The Bureau of Explosives will make inspections and conduct investigations and will confer with

manufacturers and shippers with a view to determining what regulations will within reasonable limits afford the highest degree of safety in preparation and packing explosives and other dangerous articles for transportation by carriers by rail, highway, or water. The Department will give due weight to the expert opinions thus obtained. Reports of these investigations will be made to the Department with recommendation.

(b) Specifications for shipping containers, methods of packing for shipment, and other regulations will be considered and prescribed from time to time by orders effective as conditions may appear to warrant.

(a) There is incorporated by reference in Parts 170-179 of this chapter all matter referred to that is not specifically set forth. These materials are hereby made a part of the regulations in Parts 170-179 of this chapter. Unless the reference provides otherwise, matter subject to change is incorporated only as it is in effect on the date of issuance of the regulation referring to that matter.

(b) All incorporated matter is available for inspection in the Docket Room, Room 304, 400 Sixth Street SW., Washington, D.C. 20590.

(c) Matter incorporated by reference is available for distribution as follows:

(1) ASME: American Society of Mechanical Engineers, United Engineering Center, 345 East 47th Street, New York, N.Y. 10017.

(2) American National Standard: American National Standards Institute, Inc., 1430 Broadway, New York, N.Y. 10018.

(3) CGA: Compressed Gas Association, Inc., 500 Fifth Avenue, New York, N.Y. 10036.

(4) Bureau of Explosives: Bureau of Explosives, Association of American Railroads, 2 Pennsylvania Plaza, New York, N.Y. 10001.

(5) AAR: Association of American Railroads, 59 East Van Buren Street, Chicago, Ill. 60605.

(6) ASTM: American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103.

(7) API: American Petroleum Institute, 1271 Avenue of the Americas, New York, N.Y. 10020.

(8) AISI: American Iron and Steel Institute, 1000 16th Street NW., Washington, D.C. 20036.

(9) The Chlorine Institute, 342 Madison Avenue, New York, N.Y. 10017.

(10) MCA: Manufacturing Chemists' Association, Inc., 1825 Connecticut Avenue, NW., Washington, D.C. 20009.

(11) NFPA: National Fire Protection Association, 60 Batterymarch Street, Boston, Mass. 02110.

(d) The full title and application of the matter incorporated by reference in Parts 170-179 of this chapter are as follows:

(1) ASME Code means sections VIII (Division I) and IX of the 1968 edition of the "American Society of Mechanical Engineers Boiler and Pressure Vessel Code," and addenda thereto through December 31, 1968.

(2) AAR Specifications for Tank Cars means the 1969 edition of the "Association of American Railroads Specification for Tank Cars".

(3) Compressed Gas Association:

(i) CGA Pamphlet C-3 is titled, "Standards for Welding and Brazing on Thin Walled Containers," 1968 edition;

(ii) CGA Pamphlet C-6 is titled, "Standards for Visual Inspection of Compressed Gas Cylinders," 1968 edition; (iii) CGA Pamphlet C-8 is titled, "Standard for Requalification of ICC3HT Cylinders," 1969 edition;

(iv) CGA Pamphlet S-1.2 is titled, "Safety Relief Device Standards Part 2— Cargo and Portable Tanks for Compressed Gases," 1966 edition.

(4) American National Standard B9.1 is titled, "Safety Code for Mechanical Refrigeration," 1964 edition.

(5) American Society for Testing and Materials:

(1) ASTM D1310 is titled, "Standard Method of Test for Flash Point of Volatile Flammable Materials By Tag OpenCup Apparatus," 1967 edition;

(ii) ASTM D323 is titled, "Test for Vapor Pressure of Petroleum Products (Reid Method)," 1958 (68) edition.

(6) NFPA Pamphlet No. 58 is titled, "Standard for the Storage and Handling of Liquefied Petroleum Gases," 1969 edition.

[Amdt. 171-4, 34 F.R. 18247, Nov. 14, 1969]

(a) The word “must” or “shall" is used in Parts 171–179 of this chapter in mandatory regulations. The word "should" indicates recommendatory provisions.

(b) Section 832 of the act of September 6, 1960 provides that any person who knowingly transports certain explosives, or any radioactive materials, or etiologic agents, on or in any passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier engaged in interstate or foreign commerce, by land, shall be fined or imprisoned or both. It further provides that emergency movements and movements of small quantities of those commodities on or in any such car or vehicle may be made under such regulations as the Department may prescribe. As used in Parts 171-179 of this chapter the term "passenger car or passenger vehicle of any description operated in the transportation of passengers by any for-hire carrier... by land" means any railroad car of a passenger train, or highway vehicle, with passengers for-hire in the same such railroad car or highway vehicle.

(c) Whenever use of a container type is prescribed in the packing regulations but without specification number, the authorized type of container, either specification or nonspecification, may be used for the shipment.

(d) Numbering and lettering. The terms used in the numbering and lettering system employed in Parts 171-179 of this chapter, and adhered to in references made from one requirement to another, are as follows:

(1) Section: A major subdivision of a part, as § 173.193 of this chapter.

(2) Paragraph: A subdivision of a section, as paragraph (a) of this section, or § 173.193(a).

(3) Subparagraph: A subdivision of a paragraph, as paragraph (a) (1) of this section, or § 173.193 (a) (1).

(e) Tank motor vehicle. The term "tank motor vehicle" means any motor vehicles designed or used for the transportation of liquids or gases covered by Parts 171-179 of this chapter in any cargo tank.

(1) Permanently attached tank. Any tank designed to be permanently attached to any motor vehicle or any container not permanently attached to any motor vehicle which by reason of its size, construction, or attachment to any motor vehicle must be loaded and/or unloaded without being removed from the motor vehicle and which tank or container is to be used to transport any flammable liquid, corrosive liquid, or poisonous liquid, class B, is hereby designated "cargo tank”.

(2) Fuel tank not a cargo tank. A fuel tank is not a cargo tank, but one used to transport flammable liquid or compressed gas solely for the purpose of supplying fuel for the propulsion of a vehicle.

(g) The term "portable tank" means any tank designed primarily to be temporarily attached to a motor vehicle, other vehicle, railroad car other than tank car, or vessel, and equipped with skids, mountings or accessories to facilitate handling of the tank by mechanical means. The term "portable tank" shall not be construed to include any cargo tank, any tank car tank, or any tank of the DOT 106A (§§ 178.275 or 178.276 of this chapter) type.

(h) "Shipping paper" means any shipping order, bill of lading, manifest, or other shipping document serving a similar purpose.

(i) "Packaging" means the assembly of the containers and any other components necessary to assure compliance with the prescribed packaging requirements.

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