98-14879. Hazardous Materials: Safety Standards for Preventing and Mitigating Unintentional Releases During the Unloading of Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service  

  • [Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
    [Proposed Rules]
    [Pages 30572-30576]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-14879]
    
    
    
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    Part II
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Research and Special Programs Administration
    
    
    
    _______________________________________________________________________
    
    
    
    49 CFR Parts 171, 177, 178, and 180
    
    
    
    Hazardous Materials: Safety Standards for Preventing and Mitigating 
    Unintentional Releases During the Unloading of Cargo Tank Motor 
    Vehicles in Liquefied Compressed Gas Service; Proposed Rule
    
    Federal Register / Vol. 63, No. 107 / Thursday, June 4, 1998 / 
    Proposed Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 171, 177, 178, and 180
    
    [Docket No. RSPA-97-2718 (HM-225A)]
    RIN 2137-AD07
    
    
    Hazardous Materials: Safety Standards for Preventing and 
    Mitigating Unintentional Releases During the Unloading of Cargo Tank 
    Motor Vehicles in Liquefied Compressed Gas Service
    
    AGENCY: Research and Special Programs Administration (RSPA), DOT.
    
    ACTION: Notice of intent to establish a Negotiated Rulemaking Committee 
    and announcement of public meeting.
    
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    SUMMARY: RSPA proposes to establish a Negotiated Rulemaking Committee 
    to develop recommendations for alternative safety standards for 
    preventing and mitigating unintentional releases of hazardous materials 
    during the unloading of cargo tank motor vehicles in liquefied 
    compressed gas service. The Committee will develop and adopt its 
    recommendations through a process of negotiation. The Committee will 
    consist of persons who represent the interests affected by the proposed 
    rule, such as businesses that transport and deliver propane, anhydrous 
    ammonia, and other liquefied compressed gases; manufacturers of DOT 
    specification MC 330 and MC 331 cargo tank motor vehicles used to 
    transport liquefied compressed gases; federal safety regulatory 
    agencies; and state and local public safety and emergency response 
    agencies. The purpose of this Notice is to invite interested parties to 
    submit comments on the issues to be discussed and the interests and 
    organizations to be considered for representation on the Committee. 
    Also, RSPA is announcing an organizational meeting to be held in 
    Washington, DC on June 23-24, 1998, to discuss Committee membership, 
    ground rules, and procedural matters.
    
    DATES: RSPA must receive written comments and requests for 
    representation or membership on the Committee by July 6, 1998.
    
    ADDRESSES: Address comments to the Dockets Management System, U.S. 
    Department of Transportation, 400 Seventh Street, SW, Washington, D.C. 
    20590-0001. Comments should identify the docket number and be submitted 
    in two copies. Persons wishing to receive confirmation of receipt of 
    their written comments should include a self-addressed, stamped 
    postcard. Comments may also be submitted by e-mail to the following 
    address: rules@rspa.dot.gov''. The Dockets Management System is 
    located on the Plaza level of the Nassif Building at the Department of 
    Transportation at the above address. Public dockets may be reviewed 
    there between the hours of 10:00 a.m. and 5:00 p.m., Monday through 
    Friday, except Federal holidays. Comments also may be reviewed on-line 
    at the DOT Dockets Management System web site at ``http://
    dms.dot.gov/.''
    
    FOR FURTHER INFORMATION CONTACT: Jennifer Karim, 202-366-8553, Office 
    of Hazardous Materials Standards, Research and Special Programs 
    Administration, Department of Transportation, 400 Seventh Street, S.W., 
    Washington, DC 20590-0001; or Nancy Machado, 202-366-4400, Office of 
    the Chief Counsel, Research and Special Programs Administration, U.S. 
    Department of Transportation, 400 Seventh Street, S.W., Washington, DC 
    20590-001.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Background
    
    The Issues
    
        The Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 
    include provisions designed to promote safe unloading of DOT 
    specification MC 330 and MC 331 cargo tank motor vehicles (CTMVs). 
    Among these provisions are requirements for emergency discharge control 
    systems that will automatically shut down unloading in the event of a 
    complete hose or pipe separation and for a qualified person to attend 
    the unloading operation by remaining within sight of the cargo tank and 
    close enough to manually shut down the unloading operation in the event 
    of an emergency. However, as a result of a serious unloading accident 
    in 1996, RSPA has learned that the emergency discharge control systems 
    currently installed on MC 330 and MC 331 CTMVs do not always function 
    as designed. Further, RSPA has discovered that many operators of CTMVs 
    do not comply with the regulatory requirements for attending the 
    unloading operation. Based on comments received for the HM-225 
    rulemaking, RSPA intends to reevaluate the current regulatory 
    requirements. RSPA has issued a temporary regulation designed to permit 
    cargo tank motor vehicles with non-complying emergency discharge 
    control systems to continue to operate, and is currently considering 
    regulatory alternatives to assure the safety of cargo tank unloading 
    operations.
    
    Emergency Discharge Control Systems
    
        On September 8, 1996, more than 35,000 gallons of propane were 
    released during delivery at a bulk storage facility in Sanford, North 
    Carolina. In that incident, the driver became aware of the system 
    failure when the hose began to oscillate violently while releasing 
    liquid propane. He immediately shut down the engine, stopping the 
    discharge pump, but he could not access the remote closure control to 
    close the internal stop valve. The excess flow feature of the emergency 
    discharge control system (EDCS) did not function, and propane continued 
    to be released from the vehicle. Adding to the problem, the back flow 
    check valve on the storage tank system did not function, resulting in 
    release of propane from the storage tanks.
        Based on preliminary information from the Sanford incident, RSPA 
    published an advisory notice in the Federal Register on December 13, 
    1996 [61 FR 65480], to alert persons who design, manufacture, assemble, 
    maintain, or transport hazardous materials in MC 330 and MC 331 cargo 
    tank motor vehicles of this problem with the excess flow feature of the 
    EDCS. Subsequent to publication of the advisory notice, RSPA received 
    information from the industry indicating that there is widespread 
    noncompliance with the EDCS requirements of the HMR (49 CFR part 
    178.337-11(a)) and, further, that equipment that meets the performance 
    standard for EDCS equipment may not be currently available.
        RSPA issued an emergency interim final rule on February 19, 1997, 
    under Docket No. RSPA-97-2133 (HM-225) [62 FR 7638]. This rule 
    specified the conditions under which MC 330 and MC 331 CTMVs may 
    continue to be operated while an EDCS that meets the requirements of 
    the regulations is developed and implemented. A final rule extending 
    and revising the provisions of the emergency interim final rule was 
    issued on August 18, 1997 [62 FR 44038]; a final rule responding to 
    petitions for reconsideration and clarifying certain provisions was 
    issued on December 10, 1997 [62 FR 65187]. The December 10 final rule 
    requires specific marking on affected CTMVs and requires motor carriers 
    to comply with additional operational controls intended to compensate 
    for the failure of the EDCS to function as required by the HMR. The 
    operational controls specified in the December 10 final rule provide an 
    alternative to compliance with the HMR and are intended to assure an 
    acceptable level of safety while the industry and
    
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    government continue to work to develop an EDCS that effectively stops 
    the discharge of hazardous materials from a cargo tank if any attached 
    hose or piping is separated. The rule is temporary; its provisions will 
    expire July 1, 1999.
    
    Attendance During Unloading
    
        During the rulemaking that resulted in issuance of the December 10 
    final rule described above, RSPA discovered that many operators of 
    CTMVs transporting propane are not complying with provisions of the HMR 
    that require that a qualified person ``attend'' the unloading of 
    hazardous materials (49 CFR part 177.834(i)). The cargo tank unloading 
    attendance requirements specify that a person attending the unloading 
    operation must be awake, have an unobstructed view of the cargo tank, 
    and be within 25 feet of the cargo tank. This provision of the HMR is 
    intended to complement the EDCS requirements in that it is meant to 
    assure that the person unloading the cargo tank can manually stop the 
    flow of hazardous material by closing the internal stop valve if there 
    is a leak in the delivery system. Because many CTMV operators are not 
    complying with the attendance requirements of the HMR, they are having 
    difficulty complying with the alternative measures permitted by the 
    emergency interim final rule.
    
    Challenge to the Alternative Regulatory Requirements
    
        The emergency final rule is currently the subject of ongoing 
    litigation arising out of two court challenges. The National Propane 
    Gas Association, Northwest Butane Gas Company, and Huffhunes Gas, 
    Incorporated, have brought an action in the United States District 
    Court for the Northern District of Texas to seek preliminary injunctive 
    and permanent declaratory relief from the December 10 final rule. 
    Similarly, Ferrellgas, LP; Suburban Propane, LP; Agway Petroleum 
    Corporation; Cornerstone Propane Partners, LP; and National Propane, 
    LP, have brought an action in the United States District Court for the 
    Western District of Missouri seeking declaratory and injunctive relief 
    from the August 18 final rule. On February 13, 1998, the Missouri court 
    preliminarily enjoined DOT enforcement of certain provisions of the 
    alternative requirements, and enforcement of unloading attendance 
    requirements applicable to small cargo tank motor vehicles 
    (``bobtails'').
    
    Advance Notice of Proposed Rulemaking
    
        To address the need for a long-term resolution of safety and non-
    compliance issues, RSPA issued an advance notice of proposed rulemaking 
    (ANPRM) under Docket No. RSPA-97-2718 (HM-225A) [62 FR 44059] on August 
    18, 1997, requesting comments concerning changes to the HMR that go 
    beyond the scope of the emergency final rule, including new or revised 
    provisions for operator attendance, hose management, and emergency 
    discharge controls. Specifically, the ANPRM requested comments on: (1) 
    whether RSPA should continue to regulate unloading operations of 
    liquefied compressed gases in CTMVs or relinquish regulatory control in 
    this area to other federal, state, local and tribal authorities; (2) 
    the feasibility of developing emergency discharge control systems that 
    would function in the event of full or partial separations or failures 
    of pipes and hoses; (3) the ability of the industry to meet a possible 
    1-, 2-, or 3-year retrofit schedule; (4) standards for the 
    qualification, testing, and use of hoses used in unloading; and (5) 
    safety procedures for persons performing unloading operations. To date, 
    RSPA has received over 150 comments to the ANPRM. The comment period 
    closed October 17, 1997.
    
    II. Negotiated Rulemaking
    
        RSPA has analyzed the comments received for the December 10 final 
    rule and the ANPRM and believes that this proposed rulemaking is a good 
    candidate for negotiated rulemaking. The safety issues are fairly well-
    defined, as are the interests that would be affected by a proposed 
    rule. Moreover, RSPA believes that the face-to-face discussion and open 
    exchange of ideas that occur during a negotiated rulemaking may promote 
    more effective communication and development of creative solutions. 
    Particularly in light of the ongoing litigation, the traditional notice 
    and comment process for regulations development may not result in a 
    solution acceptable to all affected interests.
        In a negotiated rulemaking, representatives of interests that will 
    be affected by a regulation meet to discuss the safety problem and 
    related issues and identify potential solutions. The group attempts to 
    reach consensus on a proposed solution and prepares a recommendation 
    for a proposed rule for consideration by the agency. This inclusive 
    process is intended to make the rule acceptable to all affected 
    interests and to preclude filing of petitions for reconsideration or 
    legal challenges that can follow promulgation of a final rule.
        The Negotiated Rulemaking Act of 1990, 5 U.S.C. Sec. 561 et seq., 
    establishes a framework for conducting negotiated rulemakings. In 
    September 1993, the National Performance Review issued a recommendation 
    encouraging consensus-based rulemaking (REG 03). President Clinton 
    issued Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), which 
    states the need to reform the current regulatory process into one that 
    is effective, consistent, and understandable. Section 6(a) of the EO 
    charges government agencies with providing the public meaningful 
    participation in the regulatory process. On May 1, 1998, President 
    Clinton issued a memorandum to heads of executive departments and 
    agencies encouraging greater use of negotiated rulemaking.
        Negotiated rulemakings have been used successfully by the 
    Department of Transportation, including the Federal Aviation 
    Administration, the United States Coast Guard, the Federal Highway 
    Administration, and the National Highway Traffic Safety Administration. 
    RSPA will soon publish an NPRM addressing the qualification of pipeline 
    personnel that was developed through negotiated rulemaking. The 
    Environmental Protection Agency and the Occupational Safety and Health 
    Administration have also successfully used the process.
        The Negotiated Rulemaking Act, 5 U.S.C. Sec. 563(a), recommends 
    that an agency considering the feasibility of regulatory negotiations 
    to resolve a specific issue should consider whether:
        (1) There is a need for the rule.
        (2) There are a limited number of identifiable interests.
        (3) These interests can be adequately represented by persons 
    willing to negotiate in good faith to reach a consensus.
        (4) There is a reasonable likelihood that the committee will reach 
    consensus within a fixed period of time.
        (5) The negotiated rulemaking procedure will not unreasonably delay 
    the notice of proposed rulemaking.
        (6) The agency has adequate resources and is willing to commit such 
    resources to the process.
        (7) The agency is committed to use the result of the negotiation in 
    formulating a proposed rule if at all possible.
        The Act authorizes an agency to use the services of a convener to 
    assist it to determine the feasibility of regulatory negotiation in 
    specific instances (5 U.S.C. Sec. 563(b)). RSPA contracted with
    
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    a convener to make this determination for a rulemaking that would 
    resolve the safety issues that were the subject of the August 18, 1997, 
    ANPRM. With RSPA input, the convener identified interests that will be 
    significantly affected by a proposed rule and conducted discussions 
    with persons representing these interests to identify issues of 
    concern. Based on these discussions, the convener concluded that a 
    negotiated rulemaking is feasible and appropriate and has a reasonable 
    likelihood of success. A copy of the convener's final report has been 
    placed in Docket No. RSPA-97-2718 (HM-225A).
        Based on the recommendation of the convener, RSPA has decided to 
    charter a negotiated rulemaking committee (Committee) under the Federal 
    Advisory Committee Act (FACA; 5 U.S.C. App. Sec. 1) to develop a 
    proposed rule for preventing and mitigating unintentional releases 
    during the unloading of DOT specification MC 330 and MC 331 CTMVs that 
    transport and deliver liquefied compressed gases.
    
    III. Procedures and Guidelines
    
        The following proposed procedures and guidelines will apply to this 
    process, subject to appropriate changes made as a result of comments on 
    this Notice or as determined to be necessary during the negotiating 
    process.
    
    (A) Notice of Intent to Establish Advisory Committee and Request for 
    Comment
    
        In accordance with the requirements of FACA, an agency of the 
    federal government cannot establish or utilize a group of people in the 
    interest of obtaining consensus advice or recommendations unless that 
    group is chartered as a federal advisory committee. It is the purpose 
    of this Notice to indicate RSPA's intent to create a federal advisory 
    committee, to identify the issues involved in the rulemaking, to 
    identify the interests affected by the rulemaking, to identify 
    potential participants who will adequately represent those interests, 
    and to ask for comment on the use of regulatory negotiation and on the 
    identification of the issues, interests, procedures, and participants.
    
    (B) Facilitator
    
        Pursuant to Sec. 566 of the Negotiated Rulemaking Act, a 
    facilitator will be selected to serve as an impartial chair of the 
    meetings; assist committee members to conduct discussions and 
    negotiations; and manage the keeping of minutes and records as required 
    by FACA. RSPA is currently considering persons to serve as facilitator 
    for the negotiating group. This individual will chair the negotiations, 
    may offer alternative suggestions toward the desired consensus, will 
    help participants define and reach consensus, and will determine the 
    feasibility of negotiating particular issues.
    
    (C) Representation
    
        The Committee will include representatives from DOT and from the 
    organizations and interests listed below. Each representative may also 
    name an alternate, who will be encouraged to attend all Committee 
    meetings and will serve in place of the representative if necessary. 
    The DOT representative is the Designated Federal Official (DFO) as 
    required by FACA (5 U.S.C. App. Sec. 10) and will participate in the 
    deliberations and activities of the Committee with the same rights and 
    responsibilities as other Committee members. The DFO will be authorized 
    to fully represent the agency in the discussions and negotiations of 
    the Committee.
        RSPA intends to invite the following organizations and interests to 
    participate in the negotiated rulemaking by identifying an individual 
    to serve as a member of the Committee. The organizations listed have 
    been contacted by the convener and have indicated a willingness to 
    serve on the Committee. RSPA believes that, in addition to the 
    organizations listed, there are additional interests that should be 
    included on the Committee. RSPA recognizes that it may be difficult for 
    the interests not directly associated with a trade association or 
    organization to identify an appropriate individual to represent them 
    and invites comments on how best to assure that they are adequately 
    represented on the Committee. RSPA will host a meeting in June 1998 
    (see below) at which those with a common interest in the proposed rule 
    will be encouraged to meet and agree on a representative to the 
    Committee.
        The organizations and interests that should participate in the 
    negotiated rulemaking are:
        1. National Propane Gas Association.
        2. The Fertilizer Institute.
        3. National Tank Truck Carriers, Inc.
        4. National Fire Protection Association.
        5. Small businesses that transport and deliver propane, anhydrous 
    ammonia, and other liquefied compressed gases.
        6. Large businesses that transport and deliver propane, anhydrous 
    ammonia, and other liquefied compressed gases.
        7. Manufacturers of DOT MC 330 and MC 331 specification CTMVs used 
    to transport liquefied compressed gases.
        8. State safety regulatory agencies.
        9. State safety enforcement agencies.
        10. State/local emergency response and fire services agencies.
        RSPA will consider applications for representation from 
    organizations or interests not appropriately represented by those 
    listed above. Please identify such interests and organizations if they 
    exist and explain why such organizations and interests should have 
    separate representation on the Committee.
        RSPA is also considering how best to include manufacturers of cargo 
    tank components, such as internal self-closing stop valves, emergency 
    discharge control systems, and remote shut-off systems, in the 
    negotiated rulemaking process. RSPA believes that component 
    manufacturers have technical expertise that would be extremely valuable 
    to the Committee's deliberations. The convener's report examined 
    several options for integrating component manufacturers into the 
    negotiated rulemaking process. The convener recommended that they 
    participate as members of work groups that the Committee may establish 
    to gather information and develop proposals for specific issues related 
    to the rulemaking, but not as members of the Committee itself. RSPA has 
    tentatively decided to accept this recommendation because it would 
    allow all interested parties to have a significant role in discussions 
    leading to improved understanding of technical issues and 
    possibilities, while leaving ultimate decisions to be made by the 
    agency and those directly responsible for compliance with applicable 
    regulations. However, RSPA recognizes that other approaches could 
    accomplish the same end and requests comments on the most appropriate 
    role for component manufacturers on the Committee.
    
    (D) Applications for Membership
    
        Each application for membership or nomination to the Committee 
    should include: (i) The name of the applicant or nominee and the 
    interest(s) such person would represent; (ii) evidence that the 
    applicant or nominee is authorized to represent parties related to the 
    interest(s) the person proposes to represent; and (iii) a written 
    commitment that the applicant or nominee would participate in good 
    faith. Please be aware that each individual or organization affected by 
    a final rule need not have its own representative on the Committee. 
    Rather, each interest must be adequately represented, and the Committee 
    should be fairly balanced.
    
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    (E) Good Faith
    
        Participants must be committed to negotiate in good faith. 
    Therefore, it is important that senior individuals within each interest 
    group be designated to represent that interest. No individual will be 
    required to ``bind'' the interests he or she represents, but the 
    individual should be able to represent the interest with confidence. 
    For this process to be successful, the interests represented should be 
    willing to accept the final Committee product.
    
    (F) Notice of Establishment
    
        After evaluating comments received as a result of this notice, RSPA 
    will issue a notice announcing the establishment and composition of the 
    Committee, unless it determines that such action is inappropriate in 
    light of comments received. After the Committee is chartered, the 
    negotiations will begin.
    
    (G) Administrative Support and Meetings
    
        Staff support will be provided by RSPA, and meetings will take 
    place in Washington, DC, unless agreed otherwise by the Committee.
    
    (H) Consensus
    
        The purpose of the Committee is to develop consensus on an outline 
    for a proposed rule. ``Consensus'' means the unanimous concurrence 
    among the interests represented on the Committee, unless the Committee 
    explicitly adopts a different definition.
    
    (I) Notice of Proposed Rulemaking
    
        The Committee's objective is to prepare a report containing an 
    outline of its recommendations for a notice of proposed rulemaking. 
    This report may also include suggestions for specific preamble and 
    regulatory language based on the Committee's recommendations, as well 
    as information relevant to a regulatory evaluation and an evaluation of 
    the impacts of the proposal on small businesses. To this end, RSPA 
    expects the Committee to address cost/benefit, paperwork reduction, and 
    regulatory flexibility requirements. If consensus cannot be achieved 
    for some issues, the report will identify the areas of agreement and 
    disagreement, and explanations for any disagreement. RSPA will use the 
    Committee report to draft a notice of proposed rulemaking, regulatory 
    evaluation, and other analyses, as appropriate.
        RSPA will accept the Committee proposal unless it is inconsistent 
    with the statutory authority of the agency or other legal requirements 
    or does not adequately address public safety. In that event, the 
    preamble to an NPRM addressing the issues that were the subject of the 
    negotiations will explain the reasons for the agency decision to reject 
    the Committee recommendations.
    
    (J) Final Rule
    
        RSPA may elect to ask the Committee to assist in the evaluation of 
    comments received to the NPRM, depending on the nature of the comments 
    received.
    
    (K) Tentative Schedule
    
        RSPA plans to host an organizational meeting to discuss Committee 
    membership, procedural matters, and ground rules in advance of the 
    first meeting of the Committee. Once the Committee is established and 
    selected, RSPA will publish a notice announcing the first two meetings 
    of the Committee in the Federal Register. Notice of subsequent meetings 
    will also be published in the Federal Register.
        RSPA anticipates that the Committee will meet for up to five two-
    day sessions beginning in July 1998. If the Committee establishes 
    working groups to support its work, additional meetings for the working 
    groups may be necessary. RSPA expects the Committee to reach consensus 
    and prepare a report recommending a proposed rule within six months of 
    the first meeting. The timeframe for the Committee to complete its work 
    is short because the emergency interim final rule expires July 1, 1999. 
    RSPA expects to publish an NPRM based on the Committee's 
    recommendations by February 15, 1999, and a final rule by May 1, 1999. 
    If unforeseen delays in the anticipated schedule occur, the Research 
    and Special Programs Administrator may agree to an extension of time if 
    the consensus of the Committee is that additional time will result in 
    agreement. The process may end earlier if the facilitator or DFO so 
    recommends.
    
    (L) Committee Procedures
    
        Under the general guidance of the facilitator, and subject to legal 
    requirements, the Committee will establish detailed procedures for the 
    meetings. Meetings of the Committee will be open to the public. Any 
    person attending the Committee meetings may address the Committee if 
    time permits or file statements with the Committee.
    
    (M) Record of Meetings
    
        In accordance with FACA requirements, the facilitator will prepare 
    minutes of all Committee meetings. These minutes will be placed in the 
    public docket for this rulemaking.
    
    IV. Key Issues for Negotiation
    
        RSPA has reviewed written comments, petitions, incident reports, 
    and industry operating practices, and has engaged in extensive dialogue 
    on the issues related to the safe unloading of liquefied compressed 
    gases from CTMVs. Based on this information, RSPA has tentatively 
    identified major issues that should be considered in this negotiated 
    rulemaking. Issues related to transportation and delivery of liquefied 
    compressed gases in CTMVs not specifically listed in this Notice may be 
    addressed as they arise in the course of the negotiation. RSPA 
    understands that these issues are interrelated and is open to a systems 
    safety approach for managing risk associated with unloading liquefied 
    compressed gases. RSPA invites comments concerning the appropriateness 
    of these issues for consideration and whether other issues should be 
    added. Note that some of these issues were raised in the February 19, 
    1997, emergency interim final rule and the August 18, 1997, ANPRM.
    
    A. Prevention of Unintentional Releases
    
        The Committee should examine possible preventive measures to reduce 
    or eliminate the incidence of unintentional releases during unloading. 
    For example, some commenters to the ANPRM have suggested that RSPA 
    adopt a rigorous hose management system that assures that delivery 
    hoses and lines meet high standards for quality, strength, and 
    durability, and that requires periodic examination and testing to 
    assure continued suitability for use in the transfer of high risk 
    hazardous materials. Advocates of such a system say that it could 
    significantly reduce the number of unloading incidents related to 
    failures in hoses or hose assemblies. Similarly, the Committee should 
    consider whether there are preventive measures, such as daily 
    inspections or periodic testing, that should be implemented for other 
    parts of the cargo tank delivery system, including pumps, valves, and 
    piping.
    
    B. Detection of Unintentional Releases
    
        Preventive measures alone cannot assure the safety of cargo tank 
    unloading operations. Despite the best efforts of the industry and the 
    government, accidents will happen, and unintentional releases of high 
    risk hazardous materials such as propane or anhydrous ammonia will 
    occur. The Committee thus should consider methods to assure that 
    unintentional releases can be detected and controlled. One such 
    detection method is provided
    
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    by the current regulatory requirement for continual visual observation 
    of the cargo tank throughout the unloading process. Alternatives 
    include remote monitoring and signaling systems, such as sensors, 
    alarms, and electronic surveillance equipment, or ``patrolling'' 
    whereby the person attending the unloading operation moves between the 
    storage tank and the cargo tank to assure that each is monitored 
    throughout the unloading process.
    
    C. Mitigation of Unintentional Releases
    
        Once a leak has been detected, methods to prevent catastrophic 
    consequences are critical. A passive system for shutting down unloading 
    when a leak has been detected operates automatically, that is, without 
    human intervention. Examples include excess flow valves, which are 
    intended to close the internal self-closing stop valve if the flow rate 
    exceeds a threshold level, and thermal links, which are intended to 
    close the internal self-closing stop valve if the temperature reaches a 
    threshold level. A remote system provides a means to shut down cargo 
    tank unloading operations using a device that is located on the CTMV 
    but away from the valve(s) that it operates. Many CTMVs have remote 
    shut-offs located near the vehicle cab. The remote shut-off may be 
    manually activated. An off-truck remote system includes a portable 
    device that can shut down cargo tank unloading operations away from the 
    CTMV. An off-truck remote is manually activated. The Committee should 
    evaluate alternatives with a view towards determining which methods or 
    combination of methods provide the most cost-effective means for 
    controlling unintentional releases during cargo tank unloading 
    operations.
    
    IV. Organizational Meeting
    
        RSPA will host a meeting to discuss issues related to establishment 
    of a Negotiated Rulemaking Advisory Committee for Safety Standards for 
    Preventing and Mitigating Unintentional Releases During the Unloading 
    of Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service. The 
    meeting is scheduled for June 23-24, 1998, in Room 2230 of the U.S. 
    Department of Transportation Headquarters Building, 400 Seventh Street, 
    S.W., Washington, DC 20590. On June 23, the meeting will begin at 9:30 
    a.m. and will adjourn at 4:00 p.m.; on June 24, the meeting will begin 
    at 9:30 a.m. and will adjourn at 12:30 p.m. RSPA invites all interested 
    persons to attend. The meeting agenda will include discussion of the 
    negotiated rulemaking process, designation of members to represent 
    identified interests, ground rules for Committee deliberations, and 
    procedural matters. Those who plan to attend this meeting should notify 
    Jennifer Karim or Susan Gorsky, 202-366-8553, Office of Hazardous 
    Materials Standards, Research and Special Programs Administration, 
    Department of Transportation, 400 Seventh Street, S.W., Washington, DC 
    20590-0001 by June 19, 1998.
    
        Issued in Washington, DC on June 1, 1998, under authority 
    delegated in 49 CFR Part 1.
    Alan I. Roberts,
    Associate Administrator for Hazardous Materials Safety, Research and 
    Special Programs Administration.
    [FR Doc. 98-14879 Filed 6-2-98; 8:45 am]
    BILLING CODE 4910-60-P
    
    
    

Document Information

Published:
06/04/1998
Department:
Research and Special Programs Administration
Entry Type:
Proposed Rule
Action:
Notice of intent to establish a Negotiated Rulemaking Committee and announcement of public meeting.
Document Number:
98-14879
Dates:
RSPA must receive written comments and requests for representation or membership on the Committee by July 6, 1998.
Pages:
30572-30576 (5 pages)
Docket Numbers:
Docket No. RSPA-97-2718 (HM-225A)
RINs:
2137-AD07: Hazardous Materials: Safety Standards for Unloading Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service
RIN Links:
https://www.federalregister.gov/regulations/2137-AD07/hazardous-materials-safety-standards-for-unloading-cargo-tank-motor-vehicles-in-liquefied-compressed
PDF File:
98-14879.pdf
CFR: (4)
49 CFR 171
49 CFR 177
49 CFR 178
49 CFR 180