[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