Document rp7yYbOqB5BGMJ1Xo90QeLmdV

National Paint. HarmsIj and Harqurr Assonation o f f ic er s p*esto*NTR. A. HALM. OSR KAINU VICt PRKSIDCNT*RALPH J. RAWOHUIN. ROCKFORD KXRCUTIVK VICK FRKRIORNTROBKRTA. ROLAND. WARHINOTON TRCASURCR C. A. RKTHBN. JR.. WTANOOTT* SCCRCTARV ALLAN W. OATKS. WARHINOTON ri(LO RKCRKTARV JAMCR N. ELLIOTT. WARHINOTON INCORPORATED 1*00 RHODE ISLAND AVE.. N.W., WASHINGTON. O. C. 2000S RHONE: 202*4*2**272 REGIONAL VICE PRESIDENT* NCW ENOLANO-C. FRANCIS LOUTREL. ROSTON EASTERN - WILLIAM MACKNIOMT. FHILADKLFHIA KART CENTRAL - RORCRT W. ROOT. CLCVRLANO December 30, 1970 WKST CCNTRAL ** H. C. MILLER. RT. LOUIS s o u t h e r n - h u o mh mumwicK. o a SOUTHWESTERN - HAROLD WRINBERQ. DENVER WESTERN - O W. RENNEOT. LOR ANORLIS NOTICE TO ALL MEMBERS SUBJECT: Lead, Mercury and Miscellaneous Matters This 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 BE GIVEN IMMEDIATE ATTENTION I A. MERCURY 1. Mercury Review by Federal Agencies. Attachment No. 1 (F.R. Mercurial Notice) announces a comprehensive effort on the part of the-Federal government to review "pesticidal uses of mercury" on a use by use basis to determine what action may be in the public interest with re spect to their registration under the Federal Insecticide, Rjngicide and Rodentieide Act (7 USC 135 et seq.). Please note that the products of our industry are mentioned specifically as those of particular concern. In this connection, I am advised that the Department of Interior (under the Inter-Agency Agreement) has insisted that the review include "uses of mercury in the aquatic environment". Although the Notice in the Federal Register was published by the Pesticides Regulations Division, U. S. Department of Agriculture, and the replies are to be addressed thereto., evaluation of the comments received will be made by. the new Environmental Protection Agency (EPA) which be came operational on December 2, 1970. In this regard, while most offices of EPA have not moved to new locations, they presently have a complex organizational structure, and the trans ition period may be lengthy and confused. This current review is mast important for -- as reported in the September 21, 1970 issue of COATINGS -- the industry does have to face up to the fact that all uses of mercury may be prohibited in time. This may.be our last opportunity to make a good case for mercury if its uses, in any manner, are to be saved. Your written comments should be forwarded to the Director, PRD, USDA at the address shown ; in Attachment No. 1 prior to February 1, 1971. It is requested that a copy of your comments be provided NPVLA as soon as available in order that an Association position may be forwarded if deemed appropriate. CQ; Sp/T2/i A!A *.!/*/< PROGRESS THROUGH COOPERATION 0007-SWP - 0000058X0 2- - 2. Mercury -- Illinois. The Illinois Pollution Control Board first held hearings on October 14/ 1770 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 nercury 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 -4orisdicotioru> 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 State 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 on the NPVLA request. -a 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 all pesticidal Uses of mercury. 0007-SWP-000005811 -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 elimination of lead-based paints were pending before the Senate Committee on Labor and fVibiic Welfare. After continued negotiation on the part of your Association staff and numerous communications from industry members expressing their conoern, 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 2166.1 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 all 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 Leber 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 MIL-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-1341A, as currently drafted, are available on request from the Naval Publi cations and Forms Center, 5801 Tabor Avenue, Philadelphia, Pa. 19120. 0007-SWP-000005812 -4- 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 D1310-67). Reservations expressed over continued use of the open-cup tester are that it lacks the precision, reliability, and reproducibility needed for measruing flammability 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 Nand convection currents. NFYLA will 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 it 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. 0007-SWP-000005813 -5- ln supporting those 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 mare of your representatives attend. With very best wishes for the New Year, JMM/ew attachments Director of Government & Industry Relations 07. Sp.0oooo58i4 mui intrii, v o l is. n o . ij --w w u o a t , *, tw DEPARTMENT OF AGRICULTURE t /Agricultural Oitiarch Service MERCURIAL PESTiaOES Request for Submissien of Views With Respect to Uses Dots Is accumulating on environmenU1 contamination through the use of mercuryand it* compounds. Recent sur veys reveal mercury residues In water and In aquatic life. Use of mercury whteh results In water contamination Is po tentially Injurious to man and bis en vironment. Current Information on levels in the environment has warranted tbs discon tinuation of certain mercurial pesticide uses. Accordingly, thia Division Issued of rwrittration of alkyl marcurr com pounds witb directions for up at seed treatment and recently Issued notices of cancellation of registration of mercu rials with directions for use as elgaeriiiee m view of the foregoing facts, all otber peetieidal uses of mercury ere 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 tmdttr tb Ffedml imtifettcfcii, VQ&dddi^ and Rodantidde Act. CT DAC 1M et aaq.) Areas of particular concern Involve the following uses: (1) On hospital. IwnftwM InstHattomle rnUunol surfaces, (8) in Interior paints- (I) on ornamental annus, trees, son turf. C4> on freshly sawed lumber. AB other mer- eluding them for the treatment of fab rics. hides, leather fabrics, paper, piastle. jDdugBLSLfiL. ' This notice Is to ansd interested per- All personrwho desire to submit writ ten data, view*, or arguments in con nection with this matter should file tbo same in triplicate with the Director. Pesticides Regulation Division. Agricul tural Research Service. UJS. Deportment of Agriculture, Washington. D.C. 803M. within M days after the data of pubUeaUou of this notieo in |ho Fkacaat, Rsemw. Fleam make wferanoa In any submisetan to "ML Mercurial Notice." All written submissions made pur suant to this notice win be made avail able for public inspection at times and gleam and to a manner convenient to the public bnrinom (V CPU L8T(h. Deem Washington. D.C, tMsTTtb dor of Hovetnber 1ITI. O.O.Roaewne. Aeffng Mreefor, PmtUUm Reputation fWrfricn. IFJL Dee. m-iease: ruse. Dee. A ltiac aja.| PhhgMi* and RodentMdeAet This mfasa-ta asm for which noticac of cancellaiian or snmanslnn of registration have not bean previously tawed. Whan pre- monte, the following Items should bo covered la the submlaeicn: a) Use pat tern. U, crops or ertMm treated and formulations sad rates of application. (2) tfa 9Mfe4HBftNt MbAfVM! cariale..(8) cubriltutec that arc available with ecemhmrie on the safety end effeotlvanasg of use, <4> date hi relation to hospital or environment contamination BOBIR. VOL 35, NO. 334--SATUIMY, DKUMB X, IRS IlfPARTMENT OF /TRANSP0RTAT10H Haxardous Materials Regulations 7 Board / 149 CFR Part 1731 y IDoekat 1***0*. *HM-S7: Notice TO-SS] TRANSPORTATION OP HAZARDOUS MATERIALS Plash. Points of Ftammalilo. Liquids The Hssnrdous Materials Regulations Board U considering amending It 173.115 sad 173.1X9 of the Department's Hasard- ous Materials Regulations to specify ass of theTsgilebue (Ttx) doeed-cup tostor (A8TM D 56-70) to determine dash points of liquids, Instood of tbs TsgUabue (Tm) open-cup tastes (ASTM D 1310-67), prssmtly specified! Tbs flash point is guorally accepted as a useful " "to determine tbs flam- ability of liquids, and there-, fore their potential Are hasard during transportation. Tbs TasUatme open-cup tosttof method, which has been in use with only minor modtflcattnn for many years, lacks tbs precision, reliability. and reprodndbflttr necessary to properly esti mate the'flammabnity haaard that may be cuoouatarod during transportatioiL This aoOee is not Intended to change the pi saint established classification ranges cr packaging of flammable liq uids. Repurpose is to propose adoption of a more accurate method for determin ing * *> potato than the Tag open cup presently affords. As part of the Departments Overall review of tbs Haxardous Materials feagu- u4im the Beard and the staff of the OIBee efBaaerdoas Materials (OHM) have been evaluating methods used for clsastflcatien of materials aeeoedlng to the haaard presented during toansporta- tica. OHM centraetad wflh tha Safety. Reeeereh CfaStsr. 9A Hutsea of Ulnae, to examine the HiiiHsHsns ct the avail able point tmtosa'and to reecm- mend tha baat maths* te adoption by DOT. 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 tha art against tha following criteria: criteria. X. Repeatability (data obtained by 3. Due to Its greater reliability, tbe the same analyst in several determina closed-cup method has been accepted by tions, using tha same equipment and the National Fire Protection Association, the tamejtample). tbe National Academy of Sciences, tbs 2. Reproducibility (data obtained by United Nations Intergovernmental Mari several analysts, each using a different time Consultative Organization OMCO). piece of equipment of the same type, and and many western European industrial using the same cample). oountries. Including Orest Britain. 3. Reliability in assessing the fire or explosion hasard. __ France, West Germany, Sweden, and the Netherlands. In addition, tha Bureau of Minos eonsldcred and evaluated all comments received In response to that part of a' prior notice 'of .proposed rule making (NFRM)* dealing with definitions of flammable liquid, flashpoint, open-cup. taster, and closod-cup taster. The results end rscnmmendstinm of the Bureau's study have bean reported.* Tbs Bureau's report recommends that Additional reasons supporting the closed-cup method may be found in a review of various technical publications and comments received on a prior nodes of rule making.* Tbe following is quoted from the International Chamber of Shipping's statement which was at tached to tbe XMCO October 15. 1S89, communication to tbe sixth session of tbe Committee of Experts on tbe Trans port of Dangerous Goods: the Tag Closed-cup method be used to determine flashpoints of flammable liq uids for purposes of tha DOT Hessrdoue RlfUltttODI. Thf WWAlltriAIM, The doood-oup method of teotag Should bo used rather than tha open-cup method in view et tbs formers much better fruuenei.1 proposing adoption of the closed-cup Proponents of the open-cup method method, may be. summarised as follows: point out that improvement In technique 1. The closed-cup method Is mors pre in recent years has rasultod to tocnesed cise and"reliable than the open-cup precision and reproducibility of data. It method, gives more reproducible data, is agreed that refinement of tost meth and provides a more cooasrvatlve'esti- ods has brought some Improvement. mata of the hasard presented-by the However, to spite of this improvement, formation ef flammable vapor-air mix- tbs Board believes that tbs open cup is turn under titter GonfiiMd ot uno&nflotd still not equal to tbs closed-cup method condition*. 2. "It is-oftan proposed that an opencup more nearly approximates tha ge ometry of A spill situation than doss a closed-cup, xn our. Judgment, this is a trivial consideration--ip CbOOliBf |BUO| the variations of existing apparatus. The for overall transportation safety purposse. For example, the report of Tech nical Subcommittee No. H of the Chicago Socteto for Paint Technology * summa rises tbe testing done during 19*3 with six different types of `flashpoint tasters and 27 solvents having flash potots rang actual likelihood of ignition of a mill depends heavily-upon factors whleh are beyond the scale of laboratory appara tus. such as the cooling of tha liquid aur-y ing from 19* P. to 190* P. Tbe nport concluded that, "AH eloeed-cups were ooosUtafttbljr mors zsllobls i &a sulor to work with than tbe other cups * *. *-" fsce by evaporation or the gnstiness of Setae comments received on Docket tbe atmosphere.- * HIM; Notice No. dg-2 stated that a -Tha greatest explosion hasard results from leakage or spillage into surround ings that provide-, soma oonflnsmenL such as a railroad box ear. a van-typo truck, or the hold of s ship. Xn this situa tion. convection currents aid tbe forma cloeed-cup is not responsive to mixtures that contain low-volatility nonflammable sMnpAHfi^ on ^hs otter for too tot mlxtnrto wwtfl<n<wy try email asm than 0.2 psroont) amounts of highly ^h iw k is tion of homogeneous vapor-air mixtures and tbe magnitude of ovorpieaaiuas in confined combustion is usually greatest with homogenaous mixtures. Here again, compounds. During the test at a mixture. t>>s eiMod-oop can *"*****11t,nts non* flammable vapors as readily as flammable vapors. These nonflammable vapors can the-closed-cup gives tbe beet definition of hasard*" Hxperitnos shows that spills have a smsamapt asset upon tbe fiammshlllty of the sample thereby raising tbe flash point bemad tbe limit- pre and leaks ifrconflnsment are common scribed to tbe regulations for flammable liquids. In an open-cup. pert or sll of the * Docket No. HIM: House No. SS-3 (SS vapors can escape, thus reducing this yjL ssaa. vw>. n. isss). suppressant effect. On the other hand, Kuchta, Joseph M. and toirgese. David, comments noted that a non-flammable Report No. 8 4131. Apr- 30,1910. Career Beseareb Center. UA. Bureau of Mines. Due document ts available Awn tbe Clearing. anti-knock compound containing less than OA paroant of dissolved bydrocar- Houaa for Pedasal Scientific and Technical Information. National Bureau ef Standards, Doebe* No. BM-S; Notice No. ss-3 (S3 OA Department of Commerce, Sprlaxdald. PJL 338S. yb. 37. IMS). -Vs. aaisi at s cost of SS par copy, or Mlcro- * United Nations Xoonomlo and Social Aobe eopy at SS eantt. Council, X/CNX/OONPA/B.1M. * Xuehte. Joseph X. and Burgees, David 'Probat. X. O* Oanelstton of Apparatus Report No. a U1. Apr. 39, 1B70, Safety Beeetreb Center. UJS. Bureau of Mines, p. S. Ibid* p. S. for Maasonag Plsab Point of Solvents. 3. of Paint Taebnoloxy, VoL 40. No. S37. pp. 474-41 (Daoombar IMS). 0 0 0 7 -SW P-0 0 0 0 0 5 8 1 6 N11438.02 bon. became of trapping of the hydro carbon traces in tbo vapor spam of tbo apparatus. bod o closed-eup flub point of SS*-73* F., eompamd to on opon-eap flub point of 1S0'-24S* F. Tbo board realists that naan of tbo presently available test methods aeonratoly applies to all mixtures. To eovor the unusual behavior of certain mixtures, the Board can issue tbs necessary rulings. For example, the Board could classify such mixtures according to the flash point of their major component. There may be alternative means to cover cer tain mixtures which do not lend them selves to the proposed testing procedure, and the Board welcomes any suggestions in'this regard. The decision as to proper classification of exceptions could be based upon other data or experience showing that the liquid is more or less haserdous than the flash point data indicate. The exceptions should not govern the general rule, however, and the Board is eon* corned with covering the great majority of substances by a single tost method. In defining liquid.* United Nations Organisation renngnieee both the open- and closed-cup methods. -It is the Board's understanding that the UN. included the open-cup method prin cipally to accommodate the * United States' regulations. The United Natieni Committee of. Ex perts on the -Transport of Dangerous Qoddt, in arriving at the value of 73* F. for the cloaod-cqp as being equivalent to SO* F. in onen-cuD task oonaidarad all available information on the subject. The Paint Technology Report shows an average dUfemnoo of 7* F. betwem the Tag open- and closed cup methods.* review of the pertinent literature con firms this relationship. Therefore, the Board intends to substitute 73* F. for SO* F. in the Hanrdoua Materials Regu lations as the upper limit for flash points of flilHWtiMB 1fa|llMg Jg InplOm SMBttBff ^ ffOBl ttW op(B4QP to the closed-cup method The Board does realise that for a fsir mstsrlsls ths difference between methods msy bemnch more. It is important to empharias that tiii is in no way sn stlsmpt to change the rtassifloation of tbo flammable liquids. It is moogntied. how ever, that tbsN'nsy tammloisM c s s m whom tba cOaariMotha water change baaed qpon elossSsss tees so- suits: The Board would, agpmeiete ra- eaiving advice on how to dial with each situations so as to mtotwto* lha hard ship on industry. Upon adoption of rids proposal. aS references in ths DtpartoMnSb Haaaid- ous Materials Ttognlations will ba changed from open-cup to nlnaail mm The Baud intends to retain ths lower flash point limit of 30* F, u pcomribod 'thtttad tMwport o ____ ocoea (iam>. t o l x. p< t. ox/Mutmi/nev. l. VOX *t OooL S/lOriMv. 1. . (hefriaMsa at SppeieSuter t Psost af OeiMaes. J. C Pams , Tel. Ot. MS. SST, pp. Wtt-Ol (Be. In 1173-IIS, open-cop for the closed-cap method. The eorraepondlng flash point difference between the open- and closedcup method* at this temperature range generally would ba very alight, and therefore a change In the lower limit is considered unnecessary. Ih the event that the new classifica tion. "Combustible liquids." Is established pursuant to proposed rule making.'* the tost method proposed herein, conducted at an appropriately reduced besting rate, would be prescribed in place of the open-cup test. The equivalent closed-cup temperature* would be substituted for the adopted "Combustible liquid" opencup temperatures. Interested persons are invited to give their views an the amendment proposed herein. Communications should identify tbo docket number and be submitted In duplicate to the Secretary. Hasardous Materials Regulations Board. Depart ment of Transportation. 400 Sixth Street SW,, Washington. DC 30500. Communi cations received on or before March 3, 1*71, win he considered before final action Is taken on the proposal. All com ments roostvod will bo availabls for examination by interested persons at the Offloe of the Secretary. Haaaxdoua Ma terials Regulatlqns Board, -both before and after the closing date for comments. In cons!deration of the foregoing, 49 CFR Fart 17S would bo emended as fo&ows: (A) in 1173.115 paragraph (a) would be amended; paragraphs (dr and <e> would he added to mod asfoUows: (173.115 Flammable liqwidst defiai. (Retd* taet) not over 16 pmmda per aquaxe ineh. absolute, at 100* F,, ether than those for which spe cial requirements am prescribed to tblo part, must be packaged in packaging* of a design and constructed of TM^rt.i that win not moot dangerously with or be dooompoaod by the chemical packed therein, as follows (see paragraphs <c) through U) 'of this section for high- pressure liquids and paragraph (m) of this section for flammable liquids which am also oxidising materials or corrosive ~ liquids): * * (1) Viscous flammable liquids with flash point oboe* 20* F. and haring a vapor pressnre which doe* not exceed It pounds per snare inch, absolute, at 1*0* F. Viscous flammable liquids with flash point above 30* F. and having a vapor pressure which does not exceed IS pounds per square Inch, absolute, at 100* F. must bo packaged as follows: This proposal la made under the au thority of sections tsi-gst. of title 1*.' United States Code, section 0 of ths De portment of Transportation Act <40 18M)* sfl VI and section 003(h) of the Federal Aviation Act of 1083 (48 UJS.C. 1431-1430 and 1473(h)). UJ8.C. 1421-1430 and 1472(h)). (a) For the pnrpace of Forts 170-100 this cbftfltv; "WflwwidWA ttquur moans any liquid having a cloasd-cupflash point at or below 73* F. * (d) "Flash point" of a liquid meant tire minimum temperatorn of the liquid at which It gtvsa-off vapor sufficient to fans an ignitahle mixturn with tba air near the aarfac* of the liquid or within the container umd. (*> "Clused imp** means the method Of. MnUnlDI flyh y In the Standard Method of Tbst for Flash Print by tha TagUabus (Tag) C3aaad Tatter (ASTM D 5* 70) (American Boatoty for Testing and Materials. ISIS Raee Street, Philadelphia, PA). In drier- mining the flash points of liquids haring a viscosity of 4 oontipotaw or higher (at 100* FJ tha pmecrlbed 3* FTminute rata of the Tag tostmust be reduced to Ofl* FJ minute, or the temperature differential batwean the aample and the bath must be Bftl&ttdfiid tX # F. tf liy, IB) In 1173JU the introductory tests of paragraphs (b) and Q) would bo amnlafl to mod as fallows: 173.119 VlaatBiable liquid* set specifi cally provided for. (h) FlammatO* Utpdd* with flask point above 20* F. Flammable liquids with flash point above 30*. F. and having Oeeket No. SX-U; notice WoT 70-S (SS f j l sass. Mb. ai. it). Imoodto Washington, D.C, on Deeemoar l, 1970. W. F. Rxs. HL ffyAdmiral. VJ. Coast guard, Bratraetion of Commandant, UJ. Coast Coord. Cxax. V. Ly o t . . ****" Administrator, Fodorot BaBnod Administration. Rornar A. Kat x . Dfmetor, ffarsaa of Motor Car- Her Saletp, Federal Highway Administration. Sam ScHsrxxDEK, Board Msmbtr, lor ths Federal Aviation Administration. if * Dee. 70-iasrr; no, d s c . . irw. S:S am.] 0007-SWP-000005817