Transportation of Hazardous Materials; Miscellaneous Amendments

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.

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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

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(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)

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[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.

* * * * * * *

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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