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Federal Register / Vol. 63, No. 136 / Thursday, July 16, 1

Similarly, RSPA believes that companies that transport liquefied compressed gases other than propane and anhydrous ammonia are a distinct and separate interest and should have separate representation on the Committee.

Several commenters recommended that a university transportation institute be included as a member of the Committee and specifically suggested the Pennsylvania Transportation Institute (PTI). These commenters believe that a transportation institute could be a valuable source of unbiased technical information and assistance. RSPA agrees. However, a transportation institute does not represent an interest that would be significantly affected by the rulemaking. It would, therefore, not be appropriate for a transportation institute to participate as a member of the Committee. RSPA expects that the Committee will gather information from a variety of sources and will encourage the Committee to consult with any organizations that can provide relevant data and technical information.

III. Participation by Non-Members

Meetings of the advisory committee will be open to the public so that individuals who are not part of the Committee may attend and observe. Any person attending the Committee meetings may address the Committee if time permits or file statements with the Committee.

reduce the number of unloading incidents related to failures in hoses or hose assemblies. Similarly, the Committee should consider whether there are preventive measures, such as daily inspections or periodic testing, that should be implemented for other parts of the cargo tank delivery system, including pumps, valves, and piping.

B. Detection of Unintentional Releases

Preventive measures alone cannot assure the safety of cargo tank unloading operations. Despite the best efforts of the industry and the government, incidents will occur, and unintentional releases of high risk hazardous materials such as propane or anhydrous ammonia will occur. The Committee thus should consider methods to assure that unintentional releases can be detected and controlled. One such detection method is provided by the current regulatory requirement for continual visual observation of the cargo tank throughout the unloading process. Alternatives that have been suggested include remote monitoring and signaling systems, such as sensors, alarms, and electronic surveillance equipment, or ‘‘patrolling’’ whereby the person attending the unloading operation moves between the storage tank and the cargo tank to assure that each is monitored periodically throughout the unloading process.

C. Mitigation of Unintentional Releases

IV. Key Issues for Negotiation

In its notice of intent, RSPA tentatively identified major issues that should be considered in this negotiated rulemaking and asked for comment concerning the appropriateness of these issues for consideration and whether other issues should be added. These issues were:

A. Prevention of Unintentional Releases

The Committee should examine possible preventive measures to reduce or eliminate the incidence of unintentional releases during unloading. For example, some commenters to the Advanced Notice of Proposed Rulemaking (ANPRM) issued under Docket No. RSPA–97–2718 (HM– 225A) [62 FR 44059] on August 18, 1997, have suggested that RSPA adopt a rigorous hose management system that assures that delivery hoses and lines meet high standards for quality, strength, and durability, and that requires periodic examination and testing to assure continued suitability for use in the transfer of high risk hazardous materials. Advocates of such a system say that it could significantly

Once a leak has been detected, methods to prevent catastrophic consequences are critical. A passive system for shutting down unloading when a leak has been detected operates automatically, that is, without human intervention. Examples include excess flow valves, which are intended to close the internal self-closing stop valve if the flow rate exceeds a threshold level, and thermal links, which are intended to close the internal self-closing stop valve if the temperature reaches a threshold level. A remote system provides a means to shut down cargo tank unloading operations using a mechanical device that is located on the CTMV but away from the valve(s) that it operates. Many CTMVs have remote mechanical shut-offs located near the vehicle cab. The remote shut-off may be manually activated. An off-truck electro- mechanical remote system includes a portable device that can shut down cargo tank unloading operations away from the CTMV. In many instances, an off-truck electro-mechanical remote is manually activated, although some systems default to the fail-safe mode under certain circumstances. The Committee should evaluate alternatives

998 / Proposed Rules

with a view towards determining which methods or combination of methods provide the most cost-effective means for controlling unintentional releases during cargo tank unloading operations.

V. Comments on Issues List

In response to the notice of intent, one person submitted comments on the issues involved in the regulatory negotiation. The commenter suggested that, in addition to the issues outlined in the notice of intent, the Committee should consider: (1) Defining an acceptable hose life and specific inspection pressures for hoses; (2) alternatives to the current attendance requirements; (3) specific requirements for off-truck remote systems; and (4) limiting the types of fittings and valves used directly on cargo tank walls to malleable steel or ductile iron construction for vessels in propane service. RSPA agrees that the first three issues should be considered by the Committee and notes that hose management, monitoring of unloading operations, and off-truck remotes are all included in the issues list in the notice of intent. However, RSPA does not agree that the issue of the material used for fittings or valves located directly on cargo tank walls should be included in the issues that will be considered by the Committee. This rulemaking is concerned only with operational issues related to unloading of MC 330 and MC 331 CTMVs and with the components of a CTMV’s emergency discharge system. General issues related to cargo tank design and construction are more properly the subject of a separate rulemaking. This recommendation will be considered as part of RSPA’s docket HM–213.

VI. Procedure and Schedule

Staff support for the advisory committee will be provided by RSPA and the facilitator, and meetings will take place in Washington, D.C., unless agreed otherwise by the Committee.

Consistent with FACA requirements, the facilitator will prepare summaries of each Committee meeting. These summaries and all documents submitted to the Committee will be placed in the public docket for this rulemaking.

As stated in the Notice of Intent, the Committee’s objective is to prepare a report containing an outline of its recommendations for a notice of proposed rulemaking with suggestions for specific preamble and regulatory language based on the Committee’s recommendations, as well as information relevant to a regulatory evaluation and an evaluation of the impacts of the proposal on small

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