Document MMON0raZ7YNGnz1qO3meeR93k

Atonal wmhzxmll ani> C '-!':Erk-' AM. -T- 1 *a sin r^; lUDHUIN, ROCKFORD E^ECROUBTEIVRIISlCER'OLA L A\ !^ir'|M||ii'S* TREASURE C. A E RETHEN 4)i HiifltlPRI ALLAN w. GATES WASHINGTON 1 , N ELLIOTT. WASHINGTON 'j , NCO ,S00 RHODE ISLAND AVE.. N.W.. WASHINGTON, D, C. 20005 PHONE: 202-462-6272 REGIONAL VICE PRESIDENTS i I NEW ENGLAND-C. FRANCIS LOUTREL, BOSTON EASTERN-WILLIAM MAC KNIGHT, PHILADELPHIA EAST CENTRAL -ROBERT W. BODY. CLEVELAND WEST CENTRAL-H. C. MILLER, ST. LOUIS December 30, 1970 SOUTHERN-HUGH H. MAYBERRY. BRUNSWICK. GA. SOUTHWESTERN -- HAROLD WEINBERG, DENVER WESTERN - D. W. KENNEDY, LOS ANGELES NOTICE TO ALL MEMBERS SUBJECT: Lead, Mercury end Miscellaneous Matters Triis. Notice is being promulgated to all members in order to provide a brief review of recent legislative developments and regulatory proposals of direct impact on the industry. THIS MATERIAL SHOULD BF OKEN IMMEDIATE ATTENTION! A. MFRCURY 1. Mercury Review by Federal Agencies. Attachment No. 1 (F. R. Mercurial Notice) announce a comprchcn'-.vt oftort on the part of the Federal government to review "pesticidal uses of m*3! cuion a use by use basis to determine what faction may be in the public interest with re spect to the it registration under the Federal Insecticide, Fungicide and Rodent icide Act (7 USC 135 ct soq. ). Please note that the products of our industry are mentioned specifically as those of particular concr-rri. In this connection, 1 am advised that the Department of Interioi (undei the Inrer-A.gency Agreement) has insisted /that the review include "uses of mercury in the aquatic, environment". pHH< Although the Notice in the Federal Register was published by the Pesticides Regulations Divisi U. S. Dopartm nt of Agriculture, and the replies are to be addressed thereto, evaluation of f ccr-ments received v/iH be made by the new Environmental Protection Agency (EPA) which b/ came operational on December 2, 1970. In this regard, while most offices of EPA have not moved to ne-v locations, they presently have ajcompiex organizational structure, and the7 ition period may be lengthy and confused. , This current review is mest important for -- as'Ire ported in the September-: 21, 1970 issue COATINGS -- the industry does have to face up to the fact that all uses of mercury rj proliibiicd in rimr . This may be our last opportunity to make a good case for mercury in any manner, a~c to be saved. ; Your written comment: should be forwarded t<j}-the Director, PRD, USDA at the adr in Attachment No. 1 prior to February 1, 19/1. It is requested that a copy of yc be provided NF'^LA as soon as available in order that an.Association position me it deemed appropria1 . f 2. Mercury-- Illinois. The Illinois Pollution Control Board first held hearings on October 14, 1970 on mercurial pollutants in surface water coming under the jurisdiction of the State of Illinois. Industry representatives from the Chicago PVLA and from NPVLA attended these hearings, at which time it was indicated that rre rcury discharge might be limited to 1 part per billion. Subsequently, after a comprehensive survey of manufacturers in Illinois, Daniel S. Ring, NPVLA General Counsel, filed a brief seeking standards which would be practical and reasonable. Edward F. O'Toole, General Counsel for the Chicago PVLA represented NPVLA at a second hearing on this matter on December 22. As a result of these actions, the Illinois Board has delayed its decision as to the mercury as metal which would be allowed in waste water being emitted from plants coming under its jurisdication. Additional data is being gathered in this matter in order to justify the industry's position that, at the present time, mercury is essential for the manufacture of paints and that there is no adequate substitute for it. 3. Mercury-- New York. The Association has requested clarification of the new pesticide control regulations of the State of New York which become effective on January 1, 1971. As presently written, the regulations provide that some 60 substances or mixtures of substances, when used as pesticides, are restricted in relation to purchase, distribution, sale, use and possession unless registered with the New York State Department of Environmental Conservation. The regulations further provide that no permitted uses will be allowed for ten specific chemical substances, which includes mercury compounds. In a letter request to Mr. Charles H. Frommer, Superintendent, Bureau Forest Insect & Disease Control, New York Stale Department of Environmental Conservation, NPVLA requested that a ruling be issued to the effect that paint products -- as presently formulated with mercury compounds and not requiring registration as economic poisons under currentl laws and regulations be exempted from the provisions of the new New York State Pesticide Regulations and that the importation into New York State be authorized for mercury compounds for use in paint products not intended as pesticides. As of this writing, no decision has been announced by the New York officials dn the NPVLA request. 4. Mercury-- Other States. Several other states have initiated actions similar to those of New York and Illinois discussed above. The first of these was Texas, which established precise limitations On the amounts of hazardous substances allowed to be discharged into its public water. This action of the Texas Water Quality Board (Order No. 70-0828-5) became effective November 25, 1970. The Illinois Pollution Control Board also has announced its intention to extend hearings to all other heavy metals. Arizona, Oklahoma, Vermont and Florida all have proposed legislation or regulations on the subject of mercury pollution, either by waste water discharge or by pesticides. Florida, whose proposal is similar to that of New York, has agreed to hold action in abeyance pending com pletion 'of[the Federal review and evaluation of alI pesticidal uses of mercury. -3- B. LEAD-BASED PAINT LEGISLATION : On November 27, 1970 the membership was advised that two legislative proposals (H. R. 19172 and S. 3216) dealing with the el imination of lead-based paints were pending before the Senate Committee on Labor and Public Welfare. After continued negotiation on the part of your Association staff and numerous communications from industry members expressing their concern, the legislation was amended and reported by the Senate Committee on December 14, 1970, with a recognition that the unique qualities of lead-based paints should continue to be available in instances where it is inaccessible to children. The prohibition against the use of lead-based paints-- as defined in ANSI Standard Z66.1 and in the proposed legislation -- was expanded to include "... .porches and exterior surfaces to which children may be commonly exposed, of residential housing." The Senate passed the amended version of the bill on December 17, 1970. As of this writing, the House -- which passed the overly-restrictive legislation on October 5, 1970--had not yet voted on the amended bill . If the House does not accept the amended version and the differences cannot be resolved in Joint Conference, the bill will die when the 91st Congress adjourns. In this event, it is certain that similar legislation will receive priority attention by the 92nd Congress which convenes in January 1971. C. MIL-STD-1341A The Naval Supply Systems Command, as action agency for the Department of Defense, has announced that MIL-STD-1341A will be converted to a Federal standard in the near future. This Military Standard, which establishes an identification system for packages and containers containing hazardous industrial chemicals and materials, has been included as a part of alI invitations for Bid and Requests for Quotations issued by the Department of Defense since its effective date of October 1, 1970. (See Coatings, issue of October 19, 1970). MIL-STD^1341A incorporates two industry standards by reference -- the National Fire Protection Association (NVPA) Standard 704 M and the MCA Guide to Precautionary Labeling of Hazard ous Chemicals, Manual L=l. It also includes use of the Material Safety Data Sheet, the U.S. Department of Labor form that has been required for use by marine coatings manufacturers since July 1, 1970. (See Legal Bulletin No. 72). The Naval Supply System,Command has invited comments on M1L-STD-1341A prior to January 20, 1971. Further details regarding the use of this prospective Federal Standard may be obtained by writing the Office of Legal and Government Relations, NPVLA Headquarters in Washington. Copies of MIL-STD-134TA, as currently drafted, are available on request from the Naval Publi cations and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. EPI 000623- D. DOT ESPOUSES CLOSED-CUP TAG TEST TO DETERMINE FLASH POINTS The Hazardous Materials Regulations Board of the Department of Transportation will hold hearings, beginning March 2, 1971/ to consider the advisability of adopting the Tagliabue closed-cup tester (ASTM D56-70) in determining the flash point of flammable liquids. This notice is docketed at HM-67. The Regulations presently specify the Tagliabue open-cup tester (ASTM 01310-67). Reservations expressed over continued use of the open-cup tester are that it lacks the precision, reliability, and reproducibility needed for measruingflammability hazard in shipment. The stated objective in this proposal is testing accuracy, and there is no intention to change existing class ifications of flammability standards. Thus, materials flashing at a lower point with the closedcup method are accordingly assigned flash points comparable to the open-cup method. The Board asserts that conversion to the closed-cup is consistent With the preference of the National Fire Protection Association, National Academy of Sciences, United Nations Inter-governmental Maritime Consultative Organization, and many Western European industrial countries. More over, the Board minimizes the open-cup test simulating conditions of the average spill situation in shipment. It is noted that such spills usually occur in confined compartments, such as ship holds, truck vans, or rail cars. The hazard is greatest in these situations due to overpressures and convection currents. NPVLA wil l be presenting the views of the paint industry at the hearings on this proposal. Your comments and observations would be appreciated in consideration of formulating an industry position. Also, it would be helpful if copies of testimony presented on behalf of individual members were sent NPVLA, to coordinate and complement the overall position. Full text of the proposal, as published in the Federal Register, accompanies, as Attachment No. 2. E. SUMMARY Events of the past few months have demonstrated that if is vital that industry members keep in formed of legislative and regulatory proposals at all jurisdictional levels. Your Association devotes a maximum effort to the collection of information of this nature and the initiation of timely action, when appropriate. Input from the Local Associations and from individual manufacturers throughout the country is especially helpful to alert NPVLA of proposals at the state and local levels. This permits the Association to assist in developing a coordinated position and, hopefully, to achieve some measure of uniformity. Your letters and telephone calls always are welcome. In this regard, the U. S. Chamber of Commerce has announced that it will commence a series of Legislative Conferences in 1971 in order to provide accurate and timely information to its members in the field. The first of the series will be held at the Sheraton Biltmore in Atlanta, Georgia on February 3, 1971. Other conferences are scheduled at the Pick Congress Hotel in Chicago on: February 17 and the Villa Capri Hotel and Motel on March 5. EP! *00624 In supporting these Legislative Conferences, NPVLA is contemplating adding a specialized briefing for its own industry members in order to discuss in greater detail consumerism and pollution and ether matters of direct interest to our industry. Further details on these meetings will be published in COATINGS, and -- you are urged to attend such a meeting when held in your area, or have one or more of your representatives attend. With very best wishes for the New Year, JMA^/ew attachments c^/John M. Montgomery Counsel Director of Government & Industry Relations FEDERAL REGISTER, VOL. 35, NO. '234--THURSDAY, DECEMBER 3, 1970 DEPARTMENT OF AGRICULTURE j ^Agricultural Research Service L/ MERCURIAL PESTICIDES Request for Submission of Views With Respect to Uses Data is accumulating on environmen tal contamination through the use of : mercury and its compounds. Recent surveys reveal mercury residues in water and in1 aquatic life. Use of mercury which results in water contamination is po tentially injurious to man and iris en vironment. 'Current information on levels in the environment has warranted the discon tinuation of certain mercurial pesticide uses. Accordingly, this Division issued notices of cancellation and suspension of registration of alkyl mercury com pounds with directions for uge as seed treatment and recently issued notices of cancellation of registration of mercu rials with directions for use as algaecides or slimicides and in laundries. In view of the foregoing facts, all other pesticidal uses of mercury are being re viewed on a use by use basis to deter mine what action is in the public inter est with respect to their registration under the Federal Insecticide, Fungicide, and Rodenticide Act. (7 U.S.C. 135 et seq.) Areas of particular concern involve the following uses: (1) On hospital, household, institutional, and restaurant surfaces, (2) in interior paints. (3) on ornamental" sTirubs, trees, and turf, (4) on freshly sawed lumber. All other mer cury uses likewise are being reviewed in cluding those for the treatment of fab rics, hides, leather fabrics, paper, plastic, ^other paint uses, etc. This notice is to afford interested per sons an opportunity within 60 days of publication to submit their views on uses of mercury compounds subject to regis tration under the Federal Insecticide, Fungicide, and Rodeuticide Act. This re fers' to uses for which notices of cancel lation or suspension of registration have not been previously issued. When pre paring and submitting views or com ments, the following items should be covered in the submission: (1) Use pat tern, i.e., crop's or articles treated and formulations and rates of application, (2) the pest control acldeived including expected damage without the use of mer curials, (3) substitutes that are available with comments on the safety and effec tiveness of use, (4) data in relation to hospital or environment contamination or other hazards of use. All persons who desire to submit writ ten data, views, or arguments in con nection with this matter should file the same in triplicate with the Director, Pesticides Regulation Division, Agricul tural Research Service, U.S. Department of Agriculture, Washington, D.C. 20250, within 60 days after the date of publica tion of this notice in the Fed er al Reg is t er . Please make reference in any sub mission to "PH. Mercurial Notice." All written submissions made pur suant to this notice will be made avail able for public Inspection at. times and places and in a manner convenient to the public business (7 CFR 1.27(b) ). Done at Washington, D.C., this "27th day of November 1970. Q.'O. Ro h w e r , Acting Director, Pesticides Regulation Division. Doc. 70-10236; Filed, Deo. 3, 1970; 8:61 a.m.J N11688.01 FEDERAL REGISTER, VOL 35, NO. 236--SATURDAY. DECEMBER 5. 1970 / ' ;wARiH0rr'jF^-:r In reaching their conclusions, the Bu accident situations and must be consid reau of Mines measured the present state ered in. the development of safety of the art against the following criteria: criteria. . ;3;^rpSP0RTAI!0II' . 1. Repeatability -. (data obtained by 3. Due to its greater reliability, the 'the. same analyst iii several determina closed-cup method has been accepted by Hazardous Materials Regu'afions / Board / E 49 CFR Part 173 1 tions,! using the same equipment and the National-Fire Protection Association, the same^ample). the National, Academy of, Sciences, the 2. Reproducibility (data obtained by United Nations Intergovernmental Mari Several analysts; each using a: different' : time Consultative Organization (IMCO) , , / [Docket No. HM-67; Notice 70-23] -piece of equipment of the same type, and and niany western European industrial, using.the;same sample);' r countries, including Great Britain, TRANSPORTATION OF HAZARDOUS MATERIALS Flash Points of Flammable Liquids. The Hazardous Materials Regulations Board is considering amending 173.115 and 173.119 of the Department's Hazard ous Materials Regulations to specify use of the Tagliabue (Tag) closed-cup tester (ASTM D 55-70) to determine flash points of flammable liquids, instead of the Tagliabue (Tag) op.n-cup tester (ASTM D 1310-67), presently specified! The flash point is generally accepted as a useful means to determine the flamability of flammable liquids, and there 3. Reliability in assessing the fire or explosion hazard. France, West Germany, Sweden, and the Netherlands.' :^ : ''V In addition, the Bureau of Mines con sidered and evaluated all comments received in response to that part of a prior notice "of .proposed rule making (NPRM)1 dealing with definitions of flammable liquid, flashpoint,' open-cup tester, and closed-cup tester. The results fl^'tfs^d^N^htialtiphs- of the Bureau's study have been reported/ 'Additional reasons supporting the closed-cup method may be found in a. review hf, various technical publications and comments received on a prior notice of rule making.5: "The following is quoted from the 'International .^Chamber': of Shipping's statement which was at tached to the IMCO October 15, 1969, coiHmunicatioh;:i:td',:';the'!'s:iictii' ; session of the Committee of Experts on the Trans The Bureau's report recommends that port of Dangerous Goods: the Tag closed-cup method be used to deierriiihe 'fi^shpbirits of flammable liq-. uids for purposes of the DOT Hazardous Materials Regulations. The conclusions, The closed-cup method of testing should be used rather than the open-cup method in view of the former's much better precision.* fore their potential' Are hazard during proposing adoption of the closed-cup . Fi-bpbhents. of the open-cup method transportation. The Tagliabue open-cup method, may be summarized as follows: point ojs'f: that improvement in technique testing method, which has been in use 1. The closed-cup method is more pre in, recent years has resulted in increased with only minor modification for many cise and "'reliable than the open-cup precision and reproducibility of data. It years, lacks the precision, reliability, and reproducibility necessary to properly esti mate the 'flammability hazard that may be encountered during transportation. This notice is not intended to change., the present established classification ranges or packagirg of flammable liq uids. Its purpose is to propose adoption of a more accurate method for determin ing flash points than the Tag open cup pteseritly affbjpbi;* [:;. ' As part of| the Department's overall review of the Hazardous Materials Regu lations, the Board and the staff of the 'Office of Hazardous Materials (OEM) have -been evaluating methods used for classification of materials according to the hazard1 p*ESslente'd jduringijtfanspprta-. tjlon. loHM^cbmr^ieS svlthvthe safety Research Center, U.S. Bureau of Mines, to examine the limitations of the avail able flash point testers'and to recom mend the best method for1 adoption by DOT.: method, gives more reproducible data, iS"ag'feed''!iha^t. j^ef^Seffitot'0!f, test meth and provides a more conservative' esti mate of the hazard presented:by the ods has brought some improvement. However, in spite of this improvement, formation of flammable vapor-air mix the' Mobafl hhjigyeslithajt!i the open .cup; is tures under'either confined or unconfined still not equal to the closed-cup method conditabifis. ''./:v " 2. "It is'Often proposed that an open- cup more nearly approximates the ge ometry of a spill situation than does a closed-cup. In our. judgment, this is a for. I,i;0y|rall..'`!trahjs^brtd|i:6hi. safety pur poses. For example, the report of Teeh- ^ nical'^BbcefnihiJtfel'pof'Ii bf the Chicago Society for Paint Technology7 summa rizes! 1968 with. trivial c0dsideratidn1'ip choosing among the variations of existing apparatus. The actual likelihood of ignition of a spill depends heavily upon factors which are beyond the scale of laboratory appara tus, such-ias theebpling bf tlie iiQtixjd sur-v . siX":hiflp^reh||!i;:ityjnesj|ib| flashpoint testers and !?ihij:bdlvts'|ia^iiife iilash points rang ing from 20" F. to 190" F. The report closed-cups were considerably more reliable and easier to worls: with than*]the sother clips * *.'*.** face by evaporation or the gustiness of '^ame'!;boiiiihes|tsi:; received-on' pocket the atmosphere." * HM-3; Notice 'No,,.;68^2; stated ..that a "The greatest explosion hazard' results: from leakage or spillage into surround ings that ; provide some confinement, such as a railroad box car, a van-type truck, brviheihblfl of. a ship. In thi$ situa tion, convection currents aid the forma tion of homogeneous vapor-air mixtures closed-cup ib fldt'rbspohsife idmixtures. thafci'cbhtaihibwfvdiatility n'oiiflammable components; it j, on the other hand, far tob: 'isirijngdnt: Itir mixtuires: j containing very sinali ''(le^itthah; ,.0.2 percent) amounts of highly wlatile!flammable compounds. Etarlpgiithe'fcestiof a mixture, and the magnitude of overpressures in the ,!.cl0l'edfcup'.:;:;can':,'cdhcehirate' non- confined tditibbstion is usually greatest flamenable vapors as readily as flammable with homogeneous mixtures. Here again, vapors. Thesb: RRnfliainmbh'lb'lvapbfs can the- closed-cup gives the best definition of hazard," Experience shows that spills and leaks in confinement are common . have a suppressant effect upon the flam mability of theijpaifipieh.thisrbby 'raising the flash pQihtpbeybnli Piei limit-pre scribed in tjhe:rb^u|ahQitaifbr flanjunahle liquids. In an ippbjn-ibupi iipatt .clr all of the 1 Docket No. HM-3; Notice No, 68-2 (33 vapors can escape, thus reducing' this F.R. 3382, Feb. 27,1968). suppressant bff#t. jpnlithe 'othebi hand, s Kuehta, Joseph M. and Burgess, David, comments flbied|tliat a. non-flammable Report No, S 4131, Apr. 29, 1970; Safety Re anti-knock !; compound !; containing less search Center, iris. Bureau of Mines. This document ; is available from the Clearing. than 0.2 percent of dissolved hydrocar- House for Federal Scientific and: Technical N11688.02 . .Information, National. Bureau of Standards, *'DOcket No. .HM-3; Notice . No. 63-2 133 IJ.S, Department of Commerce,, Springfield, F.R. 3332. Feb. 27, 1968). , Va. 22151 at a cost of S3 per copy, of Micro United Nations Economic and Social fiche copy at 65 cents. Council, S/CN.2/CONF.5/R.:03. ': 'Kuehta; Joseph M. and Burgess, David, 7 Probst, K. <3., Correlation of Apparatus I. Report No. S 4131, Apr. 29. 1970,;, Safety. for Measuring Fla^li Point bf Solvents, J. of v, ' Research Center, UJ3. Bureau of Alines, p. 5. Faint Technology, Vol. 40, NO. 527, pp. 576-81 'Ibid., p. 6. (December 1968). ban, became of trapping .of the hydro carbon traces in the vapor space of the apparatus, had a .closed-cup flash point of 5S*-73 F., compared to an open-cup flash: point of 180,-245 F. The board realizes that none of the presently:, available/test' methods; accu rately applies to all mixtures. To cover the unusual behavior of certain mixtures, the Board can issue the necessary rulings. Fgrfbx^ilib,: poard /cbiiity'Sa^ffr sii:Gaftpi.the:, ;flash' point of their,, major component. There may be alternative means to cover cer tain mixtures whidh do not lend them selves to the proposedl testing procedure, classification of exceptions could be based upon ocher data or experience showing that the liquid is more or less hazardous than the flash point data indicate. The exceptions should not govern the general rule, however, ana the Board is con cerned with covering the great majority of substances by a single test method. In denning flammable liquid,8 the United Nations Organization recognizes :>li^iM 'the U N. included the open-cup method prin cipally tc accommodate the United States' regulations. The United Nation^ Committee of Ex perts on the Transport of Dangerous Goods, m arriving at the value of 73 F. for the closed-cup as being equivalent to 80' F. in the open-cup test, considered all availabWhnfswnatidn on the isubject. The Paint Technology Report shows an average difference of 7 F. between the Tag open- and closed-cup methods.8 A review of the pertinent literature con firms this relationship. Therefore, the Board intends to substitute 73* F. for 80" F. in the Hazardous Materials Regu lations as the upper limit for flash points of regulated flammable liquids in imple menting the change from the open-cup to the closed-cup method. The Board does, realizieliithapfop Rifew: materials the. difference between methods may be much more. It is important to emphasize that this change is m no way an attempt to change the,classification of the existing 'flammableli|iqi#W;jttlt>M|!|'teepgnlzed,: how ever, that there may be some isolated cases where the classification would change based upon ciosed-cup test re sults. The Board would appreciate re ceiving advice on how to deal with such situations so as to minimize the hard ship on indjf^trjr.., H Upon adoption of this proposal, all references in the Department's Hazard ous Materials Regulations will be changed from open-cup to closed-cup. The BqftrS;intehds to, retain'the lower flash point limit of 20: F., as prescribed " United Nations, Transport of Dangerous Goods (1066), Vol, IJ p; 5, ST/ECA/81/Rev. 1, E/ON 2/ Conf. 5/10/Rev. I. "iProbst, K. G,, Correlation, of Apparatus for Measuring Flash. Point of Solvents, J. of Paint Technology, Vol. 40,iNo. 627, pp. 576-81 (De cember 1968).' ' 1 i In 173.119, open-cup for the closed-cup vapor pressure (Reid1 test) not over 16- method. The corresponding flash point pounds per square. inch, absolute, at difference between the open- and closed- 100" F., other than those for-which spe cup methods at this temperature range cial requirements , are,prescribed, in this generally would be very slight, and part, must be packaged, in packagings of therefore a. change in the lower: limit is , a design and constructed of materials considered unnecessary. that will not react dangerously with or In the eireiit "that the new classifica- be decomposed by the chemical packed tion, "Combustihle liquids," is established therein, as follows (see paragraphs (c) pursuant to proposed rule making,10 the through (i) ?of this section?: for high- test method proposed herein, conducted pressure liquids and paragraph (m) of at an appropriately reduced heating ,'thispeSetibh fl^iijfci^lleijllquids, which rate, would be prescribed in place of the are also oxidizing materials or corrosive open-cup test. The equivalent closed-cup liquids); 1 temperatures would be substituted for the adopted "Combustible liquid" opencup temperatures. Interested persons are invited to giye their views on the amendment proposed herein. Communications should identify the docket number and be submitted in duplicate to the Secretary, Hazardous Materials Regulations Board, Depart ment of Transportation, 400 Sixth Street SW,, Washington, DC 20590. Communi cations received on or before March 2, 1971, will be considered before final action is taken on the proposal. All com ments received will be available for examination by interested persons at the Office of the Secretary, Hazardous Ma terials Regulations Board, both before avid after the closing date for comments. In consideration of the foregoing, 49 (1) Viscous flammable liquids with flash point above 20 F. and having a vapor pressure which does not exceed 18 pounds per square inch, absolute, at 100 F. Viscous flammable liquids with flash point above 20" F. and having a vapor pressure which does not exceed 18 pounds per square inch, absolute, at 100 F. must be packaged as follows: hij ' * ' : '!* ,' ** This proposal is made under the au thority of sections 831-835. Of title 18, United States Code, section 9 of the De partment, of Transportation Act (49 U.S.C. 1657), and title VI and section 902(h) of the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430 and 1472(h)). U.S.C. 1421-1430 and 1472(h)).i CFR Part 173 would be amended as follows: (A) In 173.115 paragraph (a) would i ASTM'Test D323. be amended: paragraphs (d) and (e) .would be added to read as follows: 173.113 Flammable liquids; defim- lions* (a) For the purpose of; Parts 170-189 of this chanter, "Flammable liquid" means any liquid having a closed-cupflash point at or below 73? F. .- *. * *' * (d) "Flash point" of a liquid means the minimum temperature of the liquid at which it gives, off vapor sufficient to form an ignitable mixture with the air near the surface of the liquid or within the container used. (e) "Closed-cup" means the method of determining flash poiiit as specified in the Standard Method of Test for Flash Point by the Tagliabue (Tag) -Closed Tester (ASTM D 56 70) (American Society for Testing and Materials, 1916 Race Street, Philadelphia, iEA>. In deter mining the flash points of jliquids haying a viscosity of 4 centipoisei or higher (at 100" F.) the prescribed 2" F./minute rate of the Tag test must be reduced to 0.5 F./ minute, or the temperature differential between the sample and the bath must be maintained at 5" F. or less. , (B) In 173.119 the1 introductory texts of paragraphs (b) and (1) would be amended to read as follows: 173.119 Flammable liquids not specifi cally provided for. # * ' *?, * (b) Flammable liquid4 with- -flash point above 20 F. Flammable liquids with flash point above 20 F. and having Issued In Washington, D.C., on Decem ber 1, 1970. W. F, Re a , m, -Rear Admiral, V.S. Coast Guard, By direction of Commandant, V.S. Coast Guard. Ca r l V. Ly o n , Acting Administrator, Federal Railroad Administration, Ro b e r t a . Ka y e , Director, Bureau of Motor Car rier Safety, Federal Highway . Administration. Sa m Sc h n e id e r , Board. Member, for the Federal Aviation Administration. M Docket No. HM-42; Notipe Nor 70-3 (35 , F.R. 3298, Feb. 21.1970) . . [FR. Doc. 70-18377; Filed, Dec., 4, 1970; 8:49 a.m.]