[Federal Register Volume 65, Number 113 (Monday, June 12, 2000)]
[Notices]
[Pages 36882-36884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14481]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

[Docket No. RSPA-2000-6827 (12412-N)]


Hazardous Materials: Proposed DOT Exemption for Discharging 
Intermediate Bulk Containers on Motor Vehicles

AGENCY: Research and Special Programs Administration (RSPA) DOT.

ACTION: Notice of proposed exemption.

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SUMMARY: RSPA proposes to consolidate and standardize all existing DOT 
Exemptions that authorize the discharge of intermediate bulk containers 
(IBC) from a motor vehicle without removing the IBC from the vehicle. 
These are DOT Exemptions 12245, 12013, 11911, 11769, 11646, 11537, and 
10429.

DATES: Comment Date: Comments must be received on or before August 11, 
2000.

ADDRESSES: Written Comments: Address comments to the Dockets Management 
System, U.S. Department of Transportation, PL 401, 400 Seventh St., SW, 
Washington, DC 20590-0001. Comments should identify the docket number, 
RSPA-2000-6827 (12412-N), and should be submitted in two copies. 
Persons wishing to receive confirmation of receipt of their comments 
should include a self-addressed stamped postcard. The Dockets 
Management System is located on the Plaza Level of the Nassif Building, 
at the above address. Public dockets may be reviewed between the hours 
of 10:00 a.m. to 5:00 p.m., Monday thru Friday, excluding Federal 
holidays. In addition, comments can be reviewed by accessing the DMS 
Website (http://dms.dot.gov). Comments may also be submitted by E-mail 
to ``[email protected]''. In every case, the comment should refer to the 
Docket number set forth above.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Burger, telephone number 
(202) 366-4545, Office of Hazardous Materials Technology, Research and 
Special Programs Administration, U.S. Department of Transportation, 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    The rationale and justification presented to RSPA with the original 
exemption applications to authorize the unloading of IBCs while onboard 
a motor vehicle were:
     A demonstrated need to deliver hazardous materials to 
sites which did not have the capability to safely unload an IBC from a 
motor vehicle prior to discharging the contents;
     The delivery and transfer of small quantities of hazardous 
materials into storage tanks was safer from IBCs than from several 
drums and not feasible from a cargo tank motor vehicle; and
     Carriers would have sufficient operational controls in 
place to ensure safety during the transfer operation.
    Based on numerous requests for modification of the subject 
exemptions, particularly with regard to IBC capacity limitations and 
authorized materials, RSPA sent a May 27, 1999 letter to each holder 
and person having party status to DOT Exemptions 11911, 11769, 11646, 
11537, 10429, 12013 and 12245. The letter contained 14 procedural and 
shipment questions regarding the operations of the respective holders. 
RSPA received numerous responses to the letter. The information 
gathered from each response was compiled and evaluated. In the replies 
to the letter, more than one third of the respondents indicated they 
unload in excess of 1,200 gallons of one hazardous material during a 
single delivery. Under this scenario, RSPA believes that the IBCs are 
being used as cargo tanks.
    On October 27, 1999 RSPA sent a letter and a draft exemption 
(draft) to the individuals who received the May 27, 1999 letter. The 
draft contained many provisions similar to the existing IBC exemptions. 
In addition, the draft proposed that the maximum quantity of hazardous 
material discharged from an IBC was not to exceed 300 gallons per 
shipment per day. RSPA received numerous comments on this draft. The 
majority of the comments addressed the restriction placed upon the 
maximum quantity of hazardous material that could be discharged at one 
location. These comments were an additional indication to RSPA that the 
IBCs are being used as cargo tanks. Instead of imposing a quantity 
limitation, RSPA is considering a requirement that the discharge system 
provide the same level of safety during discharge as is required for 
use of a cargo tank. On July 10, 1998, RSPA issued a Final Rule under 
Docket RSPA-1997-2905 (HM-166Y) (63 FR 37454), addressing this issue 
for IM Portable Tanks where RSPA permitted an IM portable tank to be 
unloaded while remaining on a vehicle with the power unit attached, 
provided the tank meets the outlet requirements of Sec. 178.345-11. 
Section 178.345-11(b)(1)(iii) provides that the remote means of closure 
for the stop valve on a cargo tank must be capable of thermal 
activation when required by Part 173 for materials which are flammable, 
pyrophoric, oxidizing, or poisonous

[[Page 36883]]

liquids. The tank outlets are required to be equipped with this feature 
to ensure that the valve closes in a fire situation. Cargo tanks have 
been required to have this feature for many years. RSPA believes that 
when an IM portable tank, as well as an IBC, is used in the same manner 
as a cargo tank it should have the same level of safety in the event 
the operator cannot manually operate the closure.
    The intended effect of this proposal is to develop a standardized 
exemption and to provide for the safe discharge of materials from 
intermediate bulk containers that have not been removed from the 
transport vehicle prior to unloading. Under this exemption, the holder 
and all parties to the exemption each would operate under the same 
controls and provisions. A second major draft of the proposed exemption 
is provided below.
Expiration Date: TBD
(For Renewal, See 49 CFR 107.109)
    1. Grantee: TBD
    2. Purpose and Limitation:
    a. This exemption authorizes the discharge of liquid hazardous 
materials from DOT Specification UN Intermediate Bulk Containers (IBCs) 
without removing the IBC from the vehicle on which it is transported. 
This exemption provides no relief from the Hazardous Materials 
Regulations (HMR) other than as specifically stated herein.
    b. The safety analyses performed in development of this exemption 
only considered the hazards and risks associated with transportation in 
commerce.
    3. Regulatory System Affected: 49 CFR Parts 106, 107 and 171-180.
    4. Regulations From Which Exempted: 49 CFR 177.834(h), in that an 
IBC is unloaded while on a motor vehicle, and the marking requirements 
in Sec. 172.302(c).
    5. Basis: This exemption is based on the application of XXXXXX 
dated ZZZZZ, submitted in accordance with Sec. 107.105 and the public 
proceeding thereon.
    6. Hazardous Materials (49 CFR 172.101):

----------------------------------------------------------------------------------------------------------------
    Proper shipping name/hazardous
         materials description           Hazard class/division     Identi-fication No.         Packing group
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All materials authorized to be shipped  As appro-priate........  As appro-priate........  As appro-priate
 in UN IBCs.
----------------------------------------------------------------------------------------------------------------

    7. Safety Control Measures:
    a. Packaging--Packaging prescribed is a DOT Specification UN IBC.
    (1) IBCs may not be manifolded together or have discharge outlets 
hard piped onto the vehicle.
    (2) Discharge outlets must meet the requirements of Sec. 178.345-
11.
    b. Operational Controls--
    (1) Two or more materials may not be loaded on the same vehicle if 
any mixture of the materials would cause an unsafe condition.
    (2) The IBC must be attended by a qualified person at all times 
during unloading operations. For the purposes of this requirement, 
``attended'' and ``qualified'' have the meanings described in 
Sec. 177.834(i)(3) and (4), respectively.
    (3) IBCs must be discharged using a mechanical pump with a positive 
means of stopping the flow of liquid from the pump, by gravity, or by 
pressurizing the IBC.
    (4) Before starting each transfer from an IBC to a receiving 
system, the person performing the function must determine that each 
component of the discharge system (including hose) is of sound quality 
and free of leaks and that connections are secure.
    (5) A hose or associated equipment that shows signs of leakage, 
significant bulging, or other defects may not be used.
    (6) If an IBC is unloaded using a pump, or if the IBC is 
pressurized for unloading, prior to using a new or repaired transfer 
hose, the hose assembly (the hose and associated fittings) must be 
subjected to a pressure test. The pressure test must be performed at no 
less than the pressure the hose is expected to be subjected to during 
product transfer. This test must include all hose and hose fittings 
arranged in the configuration to be employed during transfer 
operations. Burst pressure of the hose must be at least four times the 
service pressure of the pump.
    (7) If the IBC is pressurized, the IBC must be equipped with a 
pressure relief device set to open at not higher than two-thirds of the 
IBC test pressure or 9 psig in the case of a metal IBC.
    (8) All hazardous material must be purged from the pump, if 
equipped, piping and the IBC discharge hose prior to re-entering 
transportation. Hoses may not remain attached to the IBCs during 
transportation.
    (9) Prior to refilling, each IBC and its service equipment must be 
visually inspected in accordance with the provisions of Sec. 173.35(b).
    (10) Transportation is limited to private or contract motor 
vehicle.
    8. SPECIAL PROVISIONS:
    a. A current copy of this exemption must be maintained at each 
facility where the package is offered for transportation.
    b. The marking requirement of Sec. 172.302(c) is waived.
    9. MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle.
    10. MODAL REQUIREMENTS: A current copy of this exemption must be 
carried aboard each motor vehicle used to transport packages covered by 
this exemption.
    11. COMPLIANCE: Failure by a person to comply with any of the 
following may result in suspension or revocation of this exemption and 
penalties prescribed by the Federal hazardous materials transportation 
law, 49 U.S.C. 5101 et seq:
     All terms and conditions prescribed in this exemption and 
the Hazardous Materials Regulations, 49 CFR Parts 171-180.
     Registration required by Sec. 107.601 et seq., when 
applicable.
    Each ``Hazmat employee,'' as defined in Sec. 171.8, who performs a 
function subject to this exemption must receive training on the 
requirements and conditions of this exemption in addition to the 
training required by Secs. 172.700 through 172.704.
    No person may use or apply this exemption, including display of its 
number, when this exemption has expired or is otherwise no longer in 
effect.
    12. REPORTING REQUIREMENTS: The carrier is required to report any 
incident involving loss of packaging contents or packaging failure to 
the Associate Administrator for Hazardous Materials Safety (AAHMS) as 
soon as practicable. In addition, the holder(s) of this exemption must 
inform the AAHMS, in writing, of any incident involving the package and 
shipments made under the terms of this exemption. (Sections 171.15 and 
171.16 apply to any activity undertaken under the authority of this 
exemption.)


[[Page 36884]]


    Issued in Washington, DC, on May 17, 2000, under the authority 
delegated in 49 CFR Part 107.
Robert A. McGuire,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. 00-14481 Filed 6-9-00; 8:45 am]
BILLING CODE 4910-60-P