[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]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 177

[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.

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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

[[Page 58324]]

amendments relating to IM portable tanks.

DATES: Effective October 30, 1998.

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.

SUPPLEMENTARY 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 met 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]
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