[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]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 171

[Docket No. RSPA-97-2133 (HM-225)]


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.

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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.

SUPPLEMENTARY 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.

    The 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

[[Page 31364]]

propane 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