Hazmat Regulations Pt1
DOT
Research and Special Programs Administration
Hazardous Materials; Incorporation of Exemptions Into Regulations
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule.
SUMMARY: This final rule amends the Hazardous Materials
Regulations by incorporating into the hazmat regulations the provisions of certain
widely used exemptions which have established a history of safety and
which may be converted into regulations for general use. We are also
making minor revisions to the requirements for use of hazmat packagings
authorized under exemptions. The revisions provide wider access to the
benefits of the provisions granted in these exemptions and eliminate the need
for the current exemption holders to reapply for renewal of the
exemption, thus reducing paperwork burdens and facilitating commerce while maintaining an acceptable level of safety.
DATES: Effective Date: The effective date of these amendments is
March 25, 2005. Incorporation by Reference Date: The incorporation by reference
of certain publications listed in these amendments is approved by
the Director of the Federal Register as of March 25, 2005.
Voluntary Compliance Date: RSPA is authorizing immediate
voluntary compliance. However, RSPA may further revise this rule as a
result of appeals it may receive for this rule.
FOR FURTHER INFORMATION CONTACT: Gigi Corbin, Office of Hazardous Materials Standards, (202) 366-8553 or Diane LaValle, Office of Hazardous Materials Exemptions and Approvals, (202) 366-4535,
Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
The Research and Special Programs Administration (RSPA)
(hereafter, ``we'' or ``us'') is amending the Hazardous Materials Regulations
(HMR; 49 CFR Parts 171-180) to incorporate a number of changes based on existing exemptions. This rulemaking is part of an ongoing effort
to identify commonly used exemptions that have an established
history of safety and may be converted into hazmat regulations. Adoption of these exemptions as rules of general applicability provides wider
access to benefits of the provisions granted in these exemptions.
Additionally, these changes eliminate the need for the current holders to
reapply for extension of the exemptions every two years and for us to process
these renewal requests. In addition, we are making minor revisions to
the requirements for use of packagings authorized under exemptions.
We have identified the following subjects as suitable for incorporation
into the HMR in this final rule:
Salvage cylinders: The use of non-DOT specification salvage cylinders for the overpacking and transportation in commerce of damaged or leaking cylinders of certain pressurized and non-pressurized hazardous materials has been authorized under various exemptions for several years. The exemptions affected are DOT-E 9507, 9781, 9991,
10022, 10110, 10151, 10323, 10372, 10504, 10519, 10789, 10987, 11257, 11459, 12698, 12790, and 12898. This final rule also responds to a petition for rulemaking (P-1168) submitted by the Chlorine Institute, Inc.
Meter provers: A mechanical displacement meter prover is a mechanical device, permanently mounted on a truck or trailer, consisting of a piping system that is used to calibrate the accuracy and performance of meters that measure the quantity of product being pumped or transferred at facilities such as drilling locations, refineries, tank farms and loading racks. Exemptions provide relief from both bulk and non-bulk specification packaging requirements for mechanical displacement meter provers that are either truck or trailer mounted. The hazardous materials provided for are in Class 3 and Division 2.1. The exemptions affected are DOT-E 8278, 9004, 9048, 9162, 9287, 9305, 9352, 10228, 10596, 10765, 12047, and 12808.
Segregation: Exemptions provide relief from the segregation requirements in Sec. Sec. 174.81, 176.83 and 177.848 which prohibit storage, loading, and transportation of (1) cyanides, cyanide mixtures or solutions with acids; and (2) Division 4.2 materials with Class 8 liquids, on the same transport vehicle. The exemptions affected are DOT-E 9723, 9769, 10441, 10933, 11153, and 11294.
RSPA received six comments in response to the NPRM. These comments were submitted by representatives of trade organizations, hazmat shippers and carriers, and packaging manufacturers. Most commenters expressed support for various proposals, but several raised concerns about certain provisions in the proposal hat are discussed below.
The following is a section-by-section summary of the hazmat regulation changes, and where applicable, a discussion of comments received.