[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]


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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                                                                             
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           (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