[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Rules and Regulations]
[Pages 58323-58324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29178]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 177
[Docket No. RSPA-97-2905 (HM-166Y)]
RIN 2137-AC41
Transportation of Hazardous Materials; Miscellaneous Amendments;
Response to Petitions for Reconsideration
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; response to petitions for reconsideration.
-----------------------------------------------------------------------
SUMMARY: On July 10, 1998, RSPA published a final rule under Docket
RSPA-97-2905 (HM-166Y) which amended the HMR by incorporating
miscellaneous changes based on petitions for rulemaking and RSPA
initiative. The intent of the final rule was to provide relief from
certain regulatory requirements and to update and clarify certain other
requirements. In this document, RSPA denies three petitions for
reconsideration to the July 10, 1998 final rule concerning the
[[Page 58324]]
amendments relating to IM portable tanks.
DATES: Effective October 30, 1998.
FOR FURTHER INFORMATION CONTACT: Joan McIntyre, Office of Hazardous
Materials Standards, (202) 366-8553, U.S. Department of Transportation,
400 Seventh Street, S.W., Washington, D.C. 20590.
SUPPLEMENTARY INFORMATION: On July 10, 1998, RSPA published a final
rule under Docket RSPA-97-2905 (HM-166Y) (63 FR 37454) which amended
the HMR by incorporating a number of miscellaneous changes. The
effective date of the final rule was October 1, 1998, but compliance
with all the changes made in the rule was permitted beginning August
25, 1998.
The third sentence in 49 CFR 177.834(h) reads: ``Discharge of
contents of any container, other than a cargo tank, must not be made
prior to removal from the motor vehicle.'' The final rule contains a
revision to relax Sec. 177.834(h) and to add a new paragraph (o) to
permit an IM portable tank to be unloaded while remaining on a
transport vehicle with the power unit attached, if the tank meets the
outlet requirements in Sec. 178.345-11 and is attended during the
unloading, as currently required for cargo tank motor vehicles under
Sec. 177.834(i). Section 178.345-11(b)(1)(iii) requires that the remote
means of closure must be capable of thermal activation when required by
part 173 for materials which are flammable, pyrophoric, oxidizing, or
poisonous liquids. This important safety feature provides for the valve
to close in a fire situation, without operator intervention.
After publication of the final rule, RSPA received three petitions
for reconsideration addressing the revisions to Sec. 177.834. The three
petitioners, the Tank Container Association (TCA), Merck & Co., Inc.
and the Hazardous Materials Advisory Council (HMAC) requested that RSPA
reconsider the October 1, 1998 mandatory compliance date. The
petitioners contend that most existing IM portable tanks are not fitted
with a fusible link, as prescribed in Sec. 178.345-11, and that fitting
the IM portable tanks with the device by October 1, 1998, is not
feasible. All three petitioners stated that fusible links are not
available from the IM portable tank valve suppliers. The petitioners'
request for an extension of the compliance date ranged from one year to
five years. In addition, HMAC requested that RSPA defer implementation
of Sec. 177.834(o) and enforcement of current Sec. 177.834(h).
TCA stated in its comments to the notice of proposed rulemaking
under Docket RSPA-97-2905 that compliance with the requirement in
Sec. 178.345-11(b)(1)(iii) for the remote means to be capable of
thermal activation was not possible. On September 2, 1998, RSPA
representatives met with TCA representatives and a representative from
Fort Vale Engineering Limited, a manufacturer of IM portable tank
valves, to obtain additional information on TCA's comment concerning
compliance with Sec. 178.345-11(b)(1)(iii). These industry
representatives stated that the fusible links for IM portable tanks
were not available until recently and that time would be needed to
field test and install the devices on the tanks.
RSPA disagrees with the petitioners' requests. Delaying the October
1, 1998 effective date would deny the relief provided in the final
rule, that is, the ability to unload an IM portable tank while it
remains on a motor vehicle. RSPA understands that many IM portable
tanks do not currently conform to the provisions in the final rule.
However, this is not a basis for denying relief to operators of IM
portable tanks which now, or in the near future, will conform to the
new provisions. Further, RSPA does not believe there is any basis for
granting HMAC's request for a one year deferral of enforcement of
Sec. 177.834(h). RSPA believes that unloading an IM portable tank in
the same manner as a cargo tank, but without the same outlet
requirements, would pose increased safety risks in a fire situation
when an operator is not able to manually activate the closure.
Accordingly, under authority of 49 U.S.C. 5101-5127; 49 CFR 1.53, the
three petitions for reconsideration are denied.
Issued in Washington, DC, on October 26, 1998, under the
authority delegated in 49 CFR part 106.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 98-29178 Filed 10-29-98; 8:45 am]
BILLING CODE 4910-60-P
