RegulusPipeline research63 FR 58323
Passage 1[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] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [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 amendments relating to IM portable tanks. 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.#
Passage 2SUPPLEMENTARY 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#
Passage 3met 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#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.