RegulusPipeline research62 FR 31363
Passage 1[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)] [Rules and Regulations] [Pages 31363-31364] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-14900] ----------------------------------------------------------------------- Research and Special Programs Administration Petitions for Reconsideration of Interim Final Rule: Cargo Tank Motor Vehicles in Liquefied Compressed Gas Service AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Deferral of decision on petitions for reconsideration of interim final rule; notice of meeting. ----------------------------------------------------------------------- SUMMARY: RSPA is deferring action on a decision with respect to two petitions for reconsideration of the interim final rule issued in RSPA Docket HM-225 on February 19, 1997, regarding cargo tank motor vehicles in liquefied compressed gas service, until the agency issues a final rule in that docket. Specifically, the petitions for reconsideration raise issues identical to those raised by commenters to the interim final rule. RSPA is deferring action on the petitions for reconsideration in order to avoid prejudging issues that are more appropriate for resolution in the final rule. RSPA will address the issues raised by petitioners and commenters in a final rule, which it intends to issue prior to August 15, 1997, the expiration date of the interim final rule. RSPA is also holding a public meeting on June 23, 1997, in Washington, DC, at the request of several interested parties, to discuss the interim final rule requirements and long-term solutions to the cargo tank emergency discharge control system issue. DATES: The public meeting will be held on June 23, 1997, from 9 a.m. to 4 p.m. ADDRESSES: The meeting will be held at the U.S. Department of Transportation (Room 2230, Nassif Building), 400 7th Street, S.W., Washington, D.C. 20590-0001. FOR FURTHER INFORMATION CONTACT: Nancy E. Machado, Office of the Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, S.W., Washington D.C. 20590- 0001, telephone 202-366-4400.#
Passage 2SUPPLEMENTARY INFORMATION: On February 19, 1997, RSPA published an emergency interim final rule (IFR) in RSPA Docket HM-225 (62 FR 7638, Feb. 19, 1997). The IFR amended the Hazardous Materials Regulations (HMR), 49 CFR parts 171-180, to specify the conditions under which certain cargo tank motor vehicles may continue to be used on an interim basis, even if not equipped with emergency discharge control systems required by the HMR. The IFR specifically addresses MC 330, MC 331 and certain non-specification cargo tank motor vehicles used to deliver propane and other liquefied compressed gases.#
Passage 3The IFR was issued after the discovery of a safety deficiency affecting many of the cargo tank motor vehicles at issue and RSPA's denial of two emergency petitions for exemption from the HMR's emergency discharge control requirements. The IFR was intended as an alternative means of compliance with the HMR requirements. The intended effect of the IFR was to ensure, on an interim basis, an acceptable level of safety for delivery of liquefied compressed gases while a permanent solution to the problem was developed and implemented. In the IFR, RSPA gave notice of a public meeting and two public workshops scheduled to gather information and allow comment on the IFR requirements. In the IFR, RSPA also solicited comments and data on the costs and effectiveness of alternative means of achieving a level of safety for the long term comparable to that provided by the current HMR requirements. Also, RSPA solicited comments on the costs and benefits of the interim measures adopted under the IFR. During the comment period, which closed on April 21, 1997, RSPA received over 40 comments from industry. Also, on March 21, 1997, RSPA received a petition for reconsideration of the IFR from the National Propane Gas Association, on behalf of its members, and a petition for reconsideration jointly filed by Ferrellgas, L.P., Suburban Propane, L.P., AmeriGas Propane, L.P., Agway Petroleum Corporation and Cornerstone Propane Partners, L.P. Petitioners specifically request that RSPA reconsider the additional attendance requirement, which they believe effectively mandates that two or more attendants travel to and be present during the unloading of propane gas from a cargo tank motor vehicle. They assert that the high cost of compliance with the additional requirement is not supported by the safety record for#
Passage 4propane gas delivery, and they provided some cost and safety data to support their views. A significant number of commenters to the IFR also raised identical issues, and several provided cost and safety data. These same issues were among the topics raised by participants in the public meeting and the two public workshops. RSPA did not respond to the petitions for reconsideration prior to the close of the comment period in order not to prejudge the additional attendance requirement issue before all interested parties had an opportunity to comment on the IFR requirements. Because of the fast- approaching expiration date of the IFR, the need to take further regulatory action to ensure an acceptable level of safety is maintained during the delivery of liquefied compressed gases, and the identical nature of the issues raised by petitioners and commenters alike, RSPA finds that it is impracticable to issue a decision on the petitions for reconsideration prior to issuance of a final rule in RSPA docket HM- 225. Consequently, RSPA will address the issues raised by petitioners and commenters regarding the IFR requirements in a final rule that it intends to issue prior to the expiration date of the IFR. Shortly thereafter, RSPA intends to issue a notice of proposed rulemaking to address broader issues raised during the course of this rulemaking, including the ``unobstructed view'' requirement in 49 CFR 177.834(I) and the need for hose maintenance requirements. RSPA is issuing this document in accordance with 49 CFR 106.37(b). Issued in Washington, DC on June 3, 1997. Alan I. Roberts, Associate Administrator for Hazardous Materials Safety. [FR Doc. 97-14900 Filed 6-6-97; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.