[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13138]
[[Page Unknown]]
[Federal Register: June 2, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171, 172, 173, 174, 178 and 179
[Docket No. HM-166Z; Amdt. Nos. 171-125, 172-134, 173-237, 174-76, 178-
102, 179-48]
RIN 2137-AC46
Transportation of Hazardous Materials; Miscellaneous Amendments
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule incorporates into the Hazardous Materials
Regulations (HMR) a number of changes based on rulemaking petitions
from industry and RSPA initiative. These changes are necessary to
recognize recent editions of certain matter incorporated by reference,
to eliminate certain inconsistencies and typographical errors, and to
reinstate a shipping description. The intended effect of these
regulatory changes is to improve clarity and, consequently, reduce
confusion.
DATES: Effective: July 5, 1994.
Compliance date: Compliance with the regulations, as amended
herein, is authorized immediately.
Incorporation by reference: The incorporation by reference of
certain publications listed in this final rule is approved by the
Director of the Office of the Federal Register as of July 5, 1994.
FOR FURTHER INFORMATION CONTACT: Diane LaValle, (202) 366-4488, Office
of Hazardous Materials Standards, Research and Special Programs
Administration, U.S. Department of Transportation, Washington, DC
20590-0001.
SUPPLEMENTARY INFORMATION: This final rule makes changes to the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) based on
either requests from industry or agency initiative. These changes
clarify and correct certain inconsistencies appearing in the HMR, add a
specific shipping description currently authorized by approval, and
update certain standards incorporated by reference under Sec. 171.7.
These changes impose no new requirements on persons subject to the HMR
and do not adversely affect safety.
The following is a discussion of the changes made under this final
rule.
Section 171.7
RSPA received several requests to update various standards
currently incorporated by reference in the table contained in
Sec. 171.7(a)(3). These standards are as follows:
The Oak Ridge Institute for Science and Education requested RSPA
to incorporate into the HMR the latest American National Standards
Institute, Inc. (ANSI) pamphlet, ANSI N14.1-1990, entitled ``Uranium
Hexafluoride--Packaging for Transport.'' Incorporating the 1990
edition of the standard into the HMR will enhance uranium
hexafluoride transportation safety by recognizing the use of
packagings fabricated to certain updated industrial specifications
and standards. The 1990 standard also contains specific information
on the reuse of valves and various editorial clarifications. Section
173.420 of the HMR permits uranium hexafluoride to be transported in
packagings designed, fabricated, inspected, tested and marked in
accordance with certain DOT and industry standards that include
packagings fabricated to the ANSI N14.1 (1987, 1982, or 1971
edition) in effect at the time the packaging was manufactured. This
section also provides that, before initial filling and during
periodic inspection and test, the packagings must be cleaned in
accordance with the ANSI N14.1 requirements.
The American Pyrotechnic Association (APA) petitioned (P-1174)
to update APA Standard 87-1, entitled ``Standard for Construction
and Approval for Transportation of Fireworks and Novelties,'' from
the September 1987 edition to the April 1993 edition. APA Standard
87-1 contains procedures for construction and approval for
transportation of new fireworks and novelty items. In the revised
standard, the shipping descriptions, hazard classes, and section
references are consistent with the current HMR. The revised standard
also has been expanded to offer guidance on conducting the fireworks
stability test, and to address packaging requirements, EX-number
markings, and transitional provisions.
The Association of American Railroads (AAR) petitioned (P-1193)
to update ``AAR Manual of Standards and Recommended Practices,
Section C--Part III, Specification for Tank Cars, Specification M-
1002,'' from the 1988 edition to the September 1, 1992 edition. The
revised AAR publication contains updated discussions of matters such
as repair of cracks, weld overlay, inspection of rubber-lined tank
cars, and the renewal of approvals for valves and fittings.
The Compressed Gas Association (CGA) petitioned (P-1196) to
update CGA Pamphlet C-7, entitled ``A Guide for the Preparation of
Precautionary Markings for Compressed Gas Containers, appendix A,''
from the April 15, 1983 edition to the 1992 (sixth) edition. In the
1992 edition, revisions have been made to the shipping descriptions
for consistency with the current HMR.
The Institute of Makers of Explosives (IME) petitioned (P-1171)
to update IME Safety Library Publication 22 (IME Standard 22)
entitled ``Recommendation for the Safe Transportation of Detonators
in a Vehicle with Certain Other Explosive Materials,'' from the
January 1, 1985 edition to the May 1993 edition. This standard
contains information relative to the use and construction of IME-22
containers or compartments for the transport of certain detonators.
Section 173.63 authorizes the use of these containers and
compartments for packaging detonators and Sec. 177.835(g) authorizes
the transportation of these packages on the same transport vehicle
with other explosives. The IME standard is used extensively by
safety personnel in the commercial explosives industry for training
purposes and by users of explosives. In the revised standard, the
shipping descriptions, hazard classes, and section references have
been revised for consistency with recent changes to the HMR.
RSPA has reviewed these updated standards. RSPA found no provisions
that would impose additional requirements and agrees that they should
be incorporated by reference.
With regard to the AAR standards referenced in Sec. 171.7, the
table contains separate entries for ``AAR Specification for Tank Cars,
Specification M-1002, 1988'' and ``AAR Specification for Tank Cars,
Specification M-1002, Section C--Part III, September 1988,'' which are
the same standard. The first entry is removed, and the second entry is
revised to clarify that this standard is contained in the AAR Manual of
Standards of Recommended Practices. These changes were proposed under a
separate rulemaking action [Docket HM-197; May 7, 1993; 58 FR 27257]
and were supported by commenters. They are merely finalized under this
docket.
Sections 172.101 and 172.102
IME and several explosives companies jointly petitioned (P-1143) to
amend the Hazardous Materials Table (the Table) in Sec. 172.101 to
reinstate an entry for ``Ammonium nitrate fertilizer, UN2067.'' This
shipping description was one of six entries for ammonium nitrate
fertilizers removed from the Table under a revised final rule issued
December 20, 1991 [Docket HM-181; 56 FR 66124]. Although these
descriptions are contained in the United Nations' Recommendations on
the Transport of Dangerous Goods (UN Recommendations), they were
removed because RSPA found them confusing and difficult to use.
However, petitioners assert that this shipping description, ``Ammonium
nitrate fertilizer, UN2067,'' has been used widely for many years and
the domestic industry has relied upon the ``Definition and Test
Procedures for Ammonium Nitrate Fertilizer,'' published by The
Fertilizer Institute, to ensure the stability of their material.
Petitioners stated that their vehicle placards, shipping papers, and
industry training procedures, including emergency response training,
rely on the identification number ``2067.'' They asserted that it would
be a questionable expenditure of time and money for them to convert
their placards, documents and training procedures to show a different
identification number. RSPA agrees with the petitioners that adequate
justification exists for reauthorizing the description ``Ammonium
nitrate fertilizer, UN2067.'' RSPA issued an approval (CA 93-10006)
authorizing use of the description ``Ammonium nitrate fertilizer,
UN2067'' not meeting Class 1 (explosive) criteria. Therefore, in this
final rule, ``Ammonium nitrate fertilizer, 5.1, UN2067, III'' is added
to the Table, subject to Special Provision 23. RSPA is also adding
Special Provision 23 in Sec. 172.102(c)(1) stipulating that material
shipped or transported under this description may not meet Class 1
(explosive) criteria.
Amalgamet Canada petitioned (P-1171) to amend the entry ``Titanium
Tetrachloride'' in the Table by removing Special Provision N41, which
does not allow any packaging material to be made of metal construction.
RSPA agrees that removal of N41 would eliminate an inconsistency with
Special Provisions B32 and T45, which allow the use of certain
containers made of stainless steel.
RSPA is amending Special Provision B13 to extend the September 1,
1993 date for construction of cargo tanks that are equivalent to MC 306
cargo tank specifications until August 31, 1995. This change is
consistent with a final rule authorizing the continued construction of
MC 306 cargo tanks until August 31, 1995 [Docket HM-183, January 12,
1994; 59 FR 1784].
Section 173.34
Paragraph (e)(15)(i) was revised under Docket HM-166X [58 FR 50496;
September 27, 1993] to allow DOT 3A and 3AA cylinders over 35 years old
to be retested every 10 years rather than every five years, provided
they were manufactured after December 31, 1945. However,
Sec. 173.34(e)(15)(v) continues to allow only cylinders less then 35
years old to be stamped with a five-point star showing that these
cylinders may be tested every 10 years. Therefore, in this final rule,
Sec. 173.34(e)(15)(v) is revised, for consistency with paragraph
(e)(15)(i), to permit cylinders manufactured after December 31, 1945,
to be stamped with a five-point star. Also, because cylinders
manufactured on or before December 31, 1945, do not qualify for a ten-
year retest period under these provisions, the wording of paragraph
(e)(15)(i) has been simplified.
Paragraph (e)(17) requires DOT 8 and 8AL acetylene cylinders to be
requalified, on a phase-in basis, in accordance with CGA Pamphlet C-13.
Because many acetylene cylinder owners voluntarily complied with CGA
Pamphlet C-13 prior to issuance of the final rule, RSPA granted an
exception, in paragraph (e)(17)(ii), for all cylinders requalified and
marked in accordance with the CGA pamphlet before January 15, 1993. The
time required for RSPA to implement the registration procedures for
acetylene cylinder retesters resulted in a backlog of requests. To
alleviate unnecessary burdens to industry, RSPA has allowed retesters
to continue requalifying and marking the cylinders in accordance with
CGA Pamphlet C-13. Accordingly, the date in paragraph (e)(17)(ii) is
revised to reflect an extension to October 1, 1994.
Section 173.225
In paragraph (b), in Note 9 following the ``Organic Peroxides
Table,'' the reference to ``Sec. 173.225(e)(3)(v)'' is corrected to
read ``Sec. 173.225(e)(3)(ii).''
Section 173.247
In revisions to a final rule concerning the transport of elevated
temperature materials [Docket HM-198A; 58 FR 3344; January 8, 1993],
RSPA revised the bulk packaging requirements for the transport of
asphalt by highway in Sec. 173.247. In paragraph (g)(1)(iii)(B), to
ensure that a reclosing pressure relief device is not rendered
inoperable by viscous lading, RSPA allowed an opening with a maximum
three-inch nominal pipe diameter. The maximum effective area of the
opening was incorrectly given as 46 cm\2\ (7.1 in\2\). The correct
maximum effective area is 48 cm\2\ (7.4 in\2\). This final rule
corrects this error.
Sections 173.302 and 173.304
Sections 173.302(h) and 173.304(g) provide that mixtures meeting
Division 2.3, Hazard Zone A, must conform to Sec. 173.40. These
provisions are revised to clarify that Sec. 173.40 applies to a pure
gas, as well as a gas mixture, meeting Division 2.3, Hazard A.
Section 173.306
In a final rule published on December 20, 1991 [Docket HM-181; 56
FR 66124], RSPA revised the limited quantity provisions in
Sec. 173.306(b)(3) to include Division 6.1 Packing Group III materials.
Through an oversight, a similar revision was not made to the aerosol
provisions contained in paragraph (a)(3). Therefore, in this final
rule, RSPA is amending paragraph (a)(3) by adding the phrase ``(other
than a Division 6.1 Packing Group III material).''
Section 173.420
In paragraph (a)(2)(i), the 1990 revision of ANSI N14.1 is added to
the earlier editions of ANSI N14.1 cited in this paragraph. Also, in
paragraph (b), the reference to ANSI Standard N14.1-1987 is updated to
1990. These changes are made for consistency with the incorporation by
reference of the 1990 edition of this standard under this final rule.
Section 174.25
The example provided in paragraph (c) is revised by adding the
wording ``PG II'' to reflect a complete basic description, as stated in
the sentence preceding the example.
Section 178.503
The 17th Session of the UN Committee of Experts on the
Transportation of Dangerous Goods adopted amendments for incorporation
in the eighth revised edition of the UN Recommendations. One amendment
provides that UN markings on certain steel drums must include the
thickness of the packaging material to the nearest tenth of a
millimeter; however, the amendment does not require the marking to
contain a unit of measurement (i.e., ``mm''). Section 178.503(a)(9)
states that the marking must include the ``mm'' abbreviation for
millimeters as part of the thickness marking for metal and plastic
drums and jerricans intended for reuse or reconditioning as single
packagings or the outer packagings of composite packagings. For
consistency with the eighth revised edition of the UN Recommendations,
paragraph (a)(9) is revised to clarify that the marked thicknesses must
be shown to the nearest tenth of a millimeter and to reflect that the
``mm'' abbreviation is not required. Recognizing that some
manufacturers may choose to include the ``mm'' abbreviation or may
already be including the ``mm'' in drums markings, the provision allows
marking of the ``mm'' symbol on a permissive basis. Corresponding minor
editorial changes are made to the UN marking examples shown in
paragraphs (d)(2)(ii) and (d)(3).
Section 178.505
In Sec. 178.505, a typographical error is corrected in the last
sentence of paragraph (b)(1) by changing the reference from
``Sec. 178.503(a)(10)'' to ``Sec. 178.503(a)(9).''
Section 178.506
In Sec. 178.506, a typographical error is corrected in the last
sentence of paragraph (b)(1) by changing the reference from
``Sec. 178.503(a)(10)'' to ``Sec. 178.503(a)(9).''
Section 178.509
In Sec. 178.509, a typographical error is corrected in the last
sentence of paragraph (b)(4) by changing the reference from
``Sec. 178.503(a)(10)'' to ``Sec. 178.503(a)(9).''
Section 178.511
In Sec. 178.511, a typographical error is corrected in the last
sentence of paragraph (b)(1) by changing the reference from
``Sec. 178.503(a)(10)'' to ``Sec. 178.503(a)(9).''
Section 178.601
In Sec. 178.601, a typographical error is corrected in the first
sentence of paragraph (g)(7) by changing the reference from
``Sec. 178.601 (g)(1) and (g)(2)'' to ``Sec. 178.601 (g)(1) through
(g)(6).''
Section 178.605
In Sec. 178.605, a typographical error is corrected in the last
sentence of paragraph (b) by changing the reference from the
``Associate Administrator of Hazardous Materials Safety'' to
``Associate Administrator for Hazardous Materials Safety.''
Section 178.606
In Sec. 178.606, a typographical error is corrected in the third
sentence of paragraph (b) by changing the reference from the
``Associate Administrator of Hazardous Materials Safety'' to
``Associate Administrator for Hazardous Materials Safety.''
Section 179.105-7
In Sec. 179.105-7, in paragraph (b), the reference to the 1976
edition of the AAR Specifications for Tank Cars is updated to reference
the September 1, 1992 edition.
This final rule will facilitate compliance with the HMR by
correcting errors, clarifying provisions and updating obsolete matter
incorporated by reference. All of the changes are noncontroversial.
With regard to matter incorporated by reference, there is a need to
update IME Standard 22 as quickly as possible to avoid
misunderstandings that can adversely affect the safe transportation of
detonators. Other provisions of this rule provide minor relief from
regulatory provisions which will have an immediate benefit to the
affected entities. For these reasons, RSPA has determined that public
notice and comment procedures, prior to adoption of this final rule,
are not required under the Administrative Procedure Act (5 U.S.C. 551
et seq.).
Regulatory 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
subject to review by the Office of Management and Budget. The rule is
not considered significant under the regulatory policies and procedures
of the Department of Transportation (44 FR 11034; February 26, 1979).
The impacts of the changes are so minimal that a regulatory evaluation
is unnecessary.
B. Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism''). The Hazardous
Materials Transportation Act contains express preemption provisions (49
App. U.S.C. 1811) that preempt a non-Federal requirement if (1)
compliance with both the non-Federal and the Federal requirement is not
possible; (2) the non-Federal requirement creates an obstacle to
accomplishment of the Federal law or regulations; or (3) it is
preempted under 49 App. U.S.C. 1804(a)(4), concerning certain covered
subjects, or 49 App. U.S.C. 1804(b), concerning highway routing.
Covered subjects are:
(i) The designation, description, and classification of
hazardous materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials and requirements respecting the
number, content, and placement of such documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacturing, fabrication, marking,
maintenance, reconditioning, repairing, or testing of a package or
container which is represented, marked, certified, or sold as
qualified for use in the transportation of hazardous materials.
49 App. U.S.C. 1804(a)(4)(A) and (B).
This rule concerns the description and handling of hazardous
materials. This rule preempts State, local, or Indian tribe
requirements in accordance with the standards set forth above. The HMTA
(49 App. U.S.C. 1804(a)(5)) provides that if DOT issues a regulation
concerning any of the covered subjects after November 16, 1990, DOT
must determine and publish in the Federal Register the effective date
of Federal preemption. That effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. RSPA has determined that the
effective date of Federal preemption for the requirements in this rule
concerning covered subjects is October 1, 1994. Thus, RSPA lacks
discretion in this area, and preparation of a federalism assessment is
not warranted.
C. 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 relaxes
certain provisions that apply to hazardous materials shippers, carriers
and packaging manufacturers, some of whom are small entities. This
final rule should result in minor cost savings to affected entities. It
also reduces confusion by incorporating by reference the latest
editions of certain standards that have been revised for consistency
with the current HMR.
D. Paperwork Reduction Act
There are no new information collection requirements in this final
rule.
E. 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
Hazardous materials transportation, Hazardous waste, Labels,
Markings, Packaging and containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 178
Hazardous materials transportation, Motor vehicle safety,
Packagings and containers, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, Title 49, chapter I, subchapter
C of the Code of Federal Regulations, is amended as set forth below:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
follows:
Authority: 49 App. U.S.C. 1802, 1803, 1804, 1805, 1808, 1815 and
1818; 49 CFR part 1.
Sec. 171.7 [Amended]
2. In Sec. 171.7, in the table in paragraph (a)(3), the following
changes are made:
a. Under ``American National Standards Institute, Inc.,'' in column
1, the entry ``ANSI N14.1 Standard for Packaging of Uranium
Hexafluoride for Transport, 1971, 1982 and 1987 Editions.'' is revised
to read ``ANSI N14.1 Standard for Packaging of Uranium Hexafluoride for
Transport, 1971, 1982, 1987 and 1990 Editions.''.
b. Under ``American Pyrotechnics Association (APA),'' in column 1,
the entry ``APA Standard 87-1, Standard for Construction and Approval
for Transportation of Fireworks and Novelties, September 1987
Edition.'' is revised to read ``APA Standard 87-1, Standard for
Construction and Approval for Transportation of Fireworks and
Novelties, April 1993 Edition.''.
c. Under ``Association of American Railroads,'' in column 1, the
entry ``AAR Specification for Tank Cars, Specification M-1002, 1988''
is removed and, in Column 2, the entry ``173.31; 179.100'' is removed.
d. Under ``Association of American Railroads,'' in column 1, the
entry ``AAR Specification for Tank Cars, Specification M-1002, Section
C--Part III, September 1988'' is removed and the entry ``179.6; 179.12;
179.100; 179.101; 179.102; 179.103; 179.105; 179.200; 179.201; 179.220;
179.300; 179.400'' is removed from column 2.
e. Under ``Association of American Railroads,'' the entry ``AAR
Manual of Standards and Recommended Practices, Section C--Part III,
Specification for Tank Cars, Specification M-1002, September, 1992. . .
. . . .173.31; 179.6; 179.12; 179.100; 179.101; 179.102; 179.103;
179.105; 179.200; 179.201; 179.220; 179.300; 179.400'' is added.
f. Under ``Compressed Gas Association, Inc,'' in column 1, the
entry ``CGA Pamphlet C-7, A Guide for the Preparation of Precautionary
Markings for Compressed Gas Containers, appendix A, issued April 15,
1983.'' is revised to read ``CGA Pamphlet C-7, A Guide for the
Preparation of Precautionary Markings for Compressed Gas Containers,
appendix A, issued 1992 (6th Edition).''.
g. Under ``Institute of Makers of Explosives,'' in column 1, the
entry ``IME Safety Library Publication No. 22 (IME Standard 22),
Recommendation for the Safe Transportation of Detonators in a Vehicle
with Certain Other Explosive Materials, January 1, 1985.'' is revised
to read ``IME Safety Library Publication No. 22 (IME Standard 22),
Recommendation for the Safe Transportation of Detonators in a Vehicle
with Certain Other Explosive Materials, May 1993.''.
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
3. The authority citation for part 172 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1808; 49 CFR part 1,
unless otherwise noted.
4. In Sec. 172.101, in the Hazardous Materials Table, the following
entries are revised or added in appropriate alphabetical sequence:
Sec. 172.101 Purpose and use of hazardous materials table.
* * * * *
Sec. 172.101Hazardous Materials Table
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
(8) Packaging authorizations (9) Quantity limitations (10) Vessel stowage
Hazardous materials (Sec. 173.***) ------------------------------- requirements
descriptions and Hazard Identification Packing Label(s) required ---------------------------------- -----------------------
Symbols proper shipping class or numbers group (if not excepted) Special provisions Passenger Cargo Other
names division Exceptions Non-bulk Bulk aircraft or aircraft only Vessel stowage
packaging packaging railcar stowage provisions
(1) (2)................ (3) (4)........... (5) (6)............... (7)............... (8A) (8B) (8C) (9A).......... (9B)......... (10A)..... (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[ADD]..............
* * * * * * *
Ammonium nitrate 5.1 UN2067........ III Oxidizer.......... 23................ 152 213 240 25 kg......... 100 kg....... B......... 48, 59,
fertilizers: 60, 117.
uniform non-
segregating
mixtures of
ammonium nitrate
with added matter
which is inorganic
and chemically
inert towards
ammonium nitrate,
with not less than
90% ammonium
nitrate and not
more than 0.2%
combustible
material
(including organic
material
calculated as
carbon), or with
more than 70% but
less than 90%
ammonium nitrate
and not more than
0.4% total
combustible
material.
* * * * * * *
[REVISE]...........
* * * * * * *
+...... Titanium 8 UN1838........ II Corrosive, poison. 2, A3, A6, B7, B9, None 227 244 Forbidden..... 30L.......... C......... 8, 40.
tetrachloride. B14, B32, B41,
B74, B77, T38,
T43, T45.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
5. In Sec. 172.102, in paragraph (c)(1), Special Provision 23 is
added to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
Code/Special Provisions
* * * * *
23 Ammonium nitrate fertilizer may not meet the definition and
criteria of Class 1 (explosive) material (see Sec. 173.50 of this
subchapter).
* * * * *
Sec. 172.102 [Amended]
6. In addition, in Sec. 172.102, in paragraph (c)(3), Special
Provision B13 is amended in the introductory text by removing the
wording ``September 1, 1993'' and adding in its place, the wording
``August 31, 1995''.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
7. The authority citation for part 173 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1807, 1808,
1817; 49 CFR part 1, unless otherwise noted.
8. In Sec. 173.34, paragraph (e)(15)(i) and the first sentence in
paragraph (e)(15)(v), are revised to read as follows:
Sec. 173.34 Qualification, maintenance and use of cylinders.
* * * * *
(e) * * *
(15) * * *
(i) The cylinder was manufactured after December 31, 1945.
* * * * *
(v) Each cylinder is stamped with a five-point star at least one-
fourth of an inch high following the test date. * * *
* * * * *
9. In addition, in Sec. 173.34, the first sentence in paragraph
(e)(17)(ii), the date ``January 15, 1993'' is revised to read ``October
1, 1994''.
Sec. 173.225 [Amended]
10. In Sec. 173.225, in paragraph (b), in Note 9 following the
``Organic Peroxides Table,'' the reference ``173.225(e)(3)(v)'' is
revised to read ``173.225(e)(3)(ii)''.
11. In Sec. 173.247, paragraph (g)(1)(iii)(B) is revised to read as
follows:
Sec. 173.247 Bulk packaging for certain elevated temperature materials
(Class 9) and certain flammable elevated temperature materials (Class
3).
* * * * *
(g) * * *
(1) * * *
(iii) * * *
(B) For transportation of asphalt by highway, a safety relief
device incorporating a frangible disc or a permanent opening, each
having a maximum effective area of 48 cm\2\ (7.4 in\2\); or
* * * * *
Sec. 173.302 [Amended]
12. In Sec. 173.302, in paragraph (h), the wording ``poison gases
and poison gas'' is added immediately after ``containing'' and before
``mixtures''.
Sec. 173.304 [Amended]
13. In Sec. 173.304, in paragraph (g), the wording ``poison gases
and poison gas'' is added immediately after ``containing'' and before
``mixtures''.
Sec. 173.306 [Amended]
14. In Sec. 173.306, paragraph (a)(3) introductory text is amended
by adding the phrase ``(other than a Division 6.1 Packing Group III
material)'' between the words ``nonpoisonous'' and ``liquid'' in the
first sentence.
Sec. 173.420 [Amended]
15. In Sec. 173.420, the following changes are made:
a. In paragraph (a)(2)(i), the year ``1990,'' is added before the
wording ``1987, 1982 or 1971'' within the parentheses.
b. In paragraph (b) ``American National Standard N14.1-1987'' is
revised to read ``American National Standard N14.1-1990''.
PART 174--CARRIAGE BY RAIL
15a. The authority citation for part 174 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1808; 49 CFR 1.53(e),
1.53, App. A to part 1.
Sec. 174.25 [Amended]
16. In Sec. 174.25, paragraph (c), in the penultimate sentence, the
wording ``UN 1255'' in the example is revised to read ``UN 1255, PG
II''.
PART 178--SPECIFICATIONS FOR PACKAGINGS
17. The authority citation for part 178 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1808; 49 CFR
part 1.
18. In Sec. 178.503, paragraph (a)(9) is revised to read as
follows:
Sec. 178.503 Marking of packagings.
(a) * * *
(9) For metal or plastic drums or jerricans intended for reuse or
reconditioning as single packagings or the outer packagings of a
composite packaging intended for reuse or reconditioning, the minimum
thickness of the packaging material expressed in millimeters.
Thicknesses must be marked to the nearest tenth of a millimeter. The
thickness expressed in millimeters may be indicated by the abbreviation
``mm''. Where a drum is constructed with different head and body
thicknesses, the different thicknesses may be marked (e.g., ``1.2-1.0''
for drums having different head and body thicknesses, and ``0.8-1.0-
1.2'' for drums having different top head, body and bottom head
thicknesses, respectively); and
* * * * *
Sec. 178.503 [Amended]
19. In addition, in Sec. 178.503, in the examples shown in
paragraphs (d)(2)(ii) and (d)(3), the illustrations are revised to read
as follows:
Sec. 178.503 Marking of packagings.
* * * * *
(d) * * *
(2) * * *
(ii) * * *
BILLING CODE 4910-60-M
TR02JN94.006
* * * * *
(3) * * *
TR02JN94.007
BILLING CODE 4910-60-C
* * * * *
Sec. 178.505 [Amended]
20. In Sec. 178.505, in the last sentence of paragraph (b)(1) the
reference ``178.503(a)(10)'' is revised to read ``178.503(a)(9)''.
Sec. 178.506 [Amended]
21. In Sec. 178.506, in the last sentence of paragraph (b)(1) the
reference ``178.503(a)(10)'' is revised to read ``178.503(a)(9)''.
Sec. 178.509 [Amended]
22. In Sec. 178.509, in the last sentence of paragraph (b)(4) the
reference ``178.503(a)(10)'' is revised to read ``178.503(a)(9)''.
Sec. 178.511 [Amended]
23. In Sec. 178.511, in the last sentence of paragraph (b)(1) the
reference ``178.503(a)(10)'' is revised to read ``178.503(a)(9)''.
Sec. 178.601 [Amended]
24. In Sec. 178.601, in the first sentence of paragraph (g)(7) the
reference ``Sec. 178.601(g)(1) and (g)(2)'' is revised to read
``Sec. 178.601(g)(1) through (g)(6)''.
Sec. 178.605 [Amended]
25. In 178.605, in the last sentence of paragraph (b) the reference
to the ``Associate Administrator of Hazardous Materials Safety'' is
revised to read ``Associate Administrator for Hazardous Materials
Safety''.
Sec. 178.606 [Amended]
26. In 178.606, in the third sentence of paragraph (b) the
reference to the ``Associate Administrator of Hazardous Materials
Safety'' is revised to read ``Associate Administrator for Hazardous
Materials Safety''.
PART 179--SPECIFICATIONS FOR TANK CARS
27. The authority citation for part 179 continues to read as
follows:
Authority: 49 U.S.C. App. 1803, 1804, 1805, 1806, 1808; 49 CFR
part 1, unless otherwise noted.
Sec. 179.105-7 [Amended]
28. In Sec. 179.105-7, in paragraph (b) the wording ``1976
edition'' is revised to read ``September 1, 1992 edition''.
Issued in Washington, DC on May 24, 1994, under authority
delegated in 49 CFR part 1.
Ana Sol Gutierrez,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 94-13138 Filed 6-1-94; 8:45 am]
BILLING CODE 4910-60-6
