Document RpDmyR5qwN2eYqEdDwJZnaDQn
j/j- .e'./Q
NORTH AMERICA
ASBESTOS INFORMATION ASSOCIATION
1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150
mf ATTEOTM EILEASE
3 December 1978
MEMORANDUM FOR:
Messrs. Carson - Asbestos Corp. LTD. Carlson - Special Asbestos Co. Ciskowski - Jim Walter Research Corp. Coats - Calavaras Asbestos LTD Brown - Connell Bros. LTD. Donner - Vermont Asbestos Group Gritzuk - C^ssair Asbestos Corp. LTD Morgan - Continental Products Corp. Novak - Huxley Development Corp. Poutiatine - Johns-Manvilie Corp.)
_____Rhodes - Union Carbide Corp.
SUBJECT:
Department of Transportation Final Rule on Transportation of Asbestos
It will be recalled that the Department of Transportation issued a proposed rulemaking with regard to loading, shipping and handling of asbestos fiber in the March 2, 1978 issue of the Federal Register.
By notice in the Federal Register of December 4, 1978, DOT amends its regulations for hazardous materials by issuing a final rule for transportation of asbestos. The new regulation is hurried to addressees without comment. It becomes effective April 30, 1979.
An assessment of the enclosure is in progress and will follow *r the near future.
u B.J. Pigg Executive Director
cc:
Executive Committee Standards Advisory Committee Mr. Filteau, QAMA Mr. S. Masuda, Mitsubishi, Canada LTD. Mr. Muth, ASARCO Sir Neville Stack, AIA
Enclosure
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CHARTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DE PARTMENT OF TRANSPORTATION
(Docket No. HM-180; Arndt. Nos. 172-47, 173-123. 174-33,175-7, 175-6, 177-441
TRANSPORTATION OF ASBESTOS
' Miscellaneous Amendment
AGENCY: Materials Transportation Bureau, .Research and Special Pro
grams Administration, DOT.
ACTION: Pinal Rule.
'
SUMMARY: These amendments re quire shipments of commercial asbes
tos fibers to be packaged in rigid, air
tight or dust and sift proof packaginps. Except when the shipment is by private carrier, non-rigid packages, such as bags, must be palletized and unitized using shrink-wrapping or
strapped fiberboard wrapping.-These amendments represent minimum
safety requirements and are intended
to reduce the risks to the public health associated with the generation of airborne concentrations of asbestos that may result from the packaging
and handling of asbestos fiber ship ments in commercial transportation.
EFFECTIVE DATE: These regula tions are effective April 30,1979.
ADDRESS: All written comments re
ceived in this rulemaking action are
available for examination during regu
lar business hours in the Dockets
Branch, Room 6500, -Trans Point
Building, 2100 Second Street SW.,
Washington, D.C.
-
FOR FURTHER INFORMATION CONTACT:
Douglas A. Crockett, Standards Divi
sion, Materials Transportation Bureau. Research and Special Pro grams Administration, 2100 Second
Street SW., Washington, D.C. 20590, phone 202-426-2075..
SUPPLEMENTARY INFORMATION:
On March 2,'1978, a notice of proposed rulemaking (HM-160; Notice 78-3) was
published in the Federal Register (43 FR 8562) stating that the MTB was
planning to exercise regulatory con
trol over the transportation of asbes tos. Specific regulatory requirements
were proposed for the control of cer
tain forms of asbestos (e.g., milled or crude asbestos fibers). No require ments were proposed for asbestos
fibers which are immersed or fixed in a natural or artificial binder material, or for manufactured products contain
ing asbestos. Interested persons were invited to participate in the rulemak ing proceeding through submission of
written comments on the proposal to
RULES AND REGULATIONS
the MTB. All submissions. Including late submissions, that were received on the proposal were fully considered by the MTB in the development of this
final rule. .
. Need To Regulate the Transportation or Asbestos
Several coramenters felt that the
MTB had failed to establish a need to regulate the transportation of asbes tos. One of the commenters suggested
that there was no need for the pro
posed regulatory control of asbestos in transportation because the "methods and procedures-how in use for the
packaging. and transport of asbestos meet the requirements of Part 173. 24(A)(sic) of the Transportation Act,
that is `under conditions normally in
cident to transportation there will be no significant release of the hazardous materials to the environment' and `the effectiveness of the packaging will not be substantially reduced <t)he
proposal contains no documentation to justify additional regulation." This commenter, while apparently believing
that asbestos is a hazardous material, was incorrect in suggesting that asbes tos is currently regulated by the MTB;
or in suggesting that-the purpose of
Notice 78-3 was to Justify the addition al regulation by the MTB of asbestos in transportation. The transportation
of asbestos is not now regulated by the
MTB. It was precisely the purpose of
Notice 78-3 that it should be. If, as the commenter suggests, the transporta
tion of asbestos is now "in compliance with pertinent provisions of the Trans
portation Act," this rulemaking action will formalize and insure in a uniform and systematic manner that this is the
case. *
.
Another commenter stated that
Notice 73-8 did "not establish a foun dation for regulation, in that it does
not document, or even allege for that matter, the actual release of fiber during the transportation of asbestos."
As was pointed out in Notice 78-3, the MTB has "no detailed information on the amount of asbestos fibers released during transportation." The MTB does not now regulate asbestos, and'has not
therefore systematically collected acci dent data on the amounts of asbestos released in transportation or data on
the frequency of such accidents. Most asbestos fiber, however, is currently shipped in bags, and it is undeniable
that these bags can and do break, or
can be and are being tom or punc tured. with a consequent release of some or all of the bag contents. It can
be speculated, moreover, that if all of the 750,000 tons of asbestos annually shipped in the United States were packaged in. as one commenter states,
the "standard package" of a 100-pound bag: and if as little as one-tenth of one
percent of these bags were damaged in
transportation during the year (one
out of a thousand) and if on the aver age 1 percent of the contents of the bags so damaged were released, the
total amount of asbestos released per year would equal about 7.5 tons. These calculations give a general idea of the
magnitude of asbestos fiber that would be released, given a 99.9 percent efficiency factor for "bag integrity" in
transportation, and a 99.0 percent efflciency factor in. minimizing the amount of asbestos released given a
tear in the bag. The rather evident fact that asbestos has been accidental
ly released during transportation has
not been contradicted by anything submitted to the public docket on this
rulemaking action. One commenter,
for example, in discussing the use of. open-bed trailers with side racks and tarpaulins to transport asbestos stated,
that there is no evidence that the use of such trailers "has contributed to: bag breakage and" the release of air borne concentrations of asbestos;
fiber." The Asbestos Information As sociation, an incorporated nonprofit
organization representing 51 firms in
the United States and Canada engaged in the manufacture or processing of asbestos-containing products and the-; mining/milling of asbestos fibers, stated that with "the very large
volume of asbestos shipped, occasional
container damage may occur." - f
Although several commenters who discussed this matter do not contend
that asbestos has not been released in
transportation, they generally are of the view that the amounts that are
being released are not significant or of a sufficient amount'to pose an unrea sonable risk to public health. The MTB does not agree; it believes that the amounts of asbestos fibers that are being released now, or would be re leased in the future, in the absence of
1
these amendments, may pose an un- t`i
reasonable risk to health. .
'
Several commenters were concerned with the statement appearing in
Notice 78-3 that "asbestos in its sever al commercial forms, poses serious j health hazards to individuals subject j
to long term exposure to airborne as- !
bestos concentrations." One commenter stated that "not all long-term
exposures to airborne concentrations pose any health hazards * ." An other commenter suggested that the statement needed "more explicit defi nition" and that "reference should have been made to unanswered ques tions within the scientific community concerning mineral type, fiber size and smoking in the asbestos-cancer rela
tionship." One commenter stated that there is a dose-response relationship
between exposure to asbestos and dis ease causation, and that this conclu- ! sion is supported by an OSIIA state- I
ment from its June 7, 1972 preamble
FEDERAL REGISTER, VOL 43, NO. 233--MONDAY, DECEMBER 4, 1978
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to Its standard for exposure to asbes tamlnatlng trace element. The amend aging and shipping practices currently.!
tos dust (37 FR 11318), The OSHA ments apply only to asbestos in its in effect. As one commenter pointed
statement is that: "No one has disput several commercial forms-since It is out . ... ' .
, .,
' ..
ed that exposure to asbestos of high enough intensity and tang enough du ration is causally related to asbestosls
and cancers" (emphasis added). Al
those forms of asbestos that have been firmly established as posing serious health..hazards to individuals. A new paragraph has been added which
Commercial asbestos Is fluffy. It is diffl- cult to pack this material in a rigid contain- er, and. because the fiber would, gradually compact during shipment. It would be diffl- .
though the MTB had also quoted this would define commercial asbestos as cult to remove it (or Introduction into the *
statement In Notice 78-3, the words any material or product containing as manufacturing process. It would also be ex
underlined for emphasis had been In bestos that has commercial value be tremely cumbersome, if not Impossible, to
advertently omitted. Under these cir cumstances. some commenters appar
ently felt that the MTB was asserting the view that because, according to
cause of its asbestos content, and ap propriate modifications have been made in the amendments to reflect this clarification. This new paragraph
empty rigid containers effectively and rapid ly into hoods designed for bags. Spillage would no doubt occur and workers would be unnecessarily exposed to fibers, ' r - .
some commenters. asbestos Is ubiqui is identified in this amendment as Another commenter recommended
tous, long term exposure to ambient paragraph (b) (paragraphs (b) and (c) that a DOT Specification 56 portable
levels of asbestos fibers poses serious in the notice are now paragraphs (c) tank be included in the amended rule -
health hazards to all people, without regard to their occupational or para-
and (d), respectively). One commenter recommended that
as an acceptable package "for the transportation of asbestos-type prod
occupational status. It was not the in-. the scope of Notice 78-3 be amended ucts." This commenter stated that
tention of the MTB to assert this view. That there are or can be "undisputed:
to include, fibers, -"all
in. addition to asbestos mineral and man-made
"with the use of equipment designed for the purpose, the D.O.T. 56 package
grave consequences from exposure to (fibers) which have been identified by . can be readily filled or emptied with
asbestos" (37 FR 11318) does not depend on the questioned conclusive
UJS.- Government agencies as being carcinogenic and which may pose serl-
out release of any product dust to the atmosphere or contact with the prod
ness of the evidence reported by OSHA (40 FR 47652) regarding the po tential health hazards posed by lowlevel. brief or intermittent exposure to' asbestos. The MTB relies on the fore going Federal Register references for the general view that exposure to as bestos may pose an unreasonable risk
to the public.
-
ous health risk." On December 9,1976, the MTB published an Advance Notice of. Proposed Rulemaking (41 -FR 53824) in Docket No. HM-145 entitled "Environmental and Health Effects
Materials." In that Notice, the MTB announced that it was considering whether new or additional transporta tion controls are necessary lor certain classes of materials which are not gen
uct by the operator " Another com menter insisted that only metal drums
and not fiber drums were acceptable for the transportation of asbestos fibers. These commenters apparently
lost sight of the fact that proposed $ 173.1090(c)(1) does not "mandate." as one commenter suggested, or even en courage the use of rigid, airtight pack aging such as metal or fiber drums or
Section 173.1090(a) Aim (b) -
erally subject to the existing Hazard even portable tanks. It provides ah al
Several commenters stated that
there are certain mineral ores, ore con centrates and milled mineral products
'which may have trace amounts of as bestos. or minor amounts of asbestos
occurring as contaminants. They sug gested that these materials presented no risk to property and little, if any.
risk to public health and safety in
transportation. Moreover, since the packaging requirements proposed in Notice 78-3 applied to only certain kinds of asbestos, namely milled or crude asbestos fibers produced by an asbestos mill, they further suggested that only "commercial asbestos fibers"
be defined as a hazardous material. The MTB recognizes that there are
certain mineral ores, ore concentrates and milled mineral products, as well as
ous Materials Regulations. The ques tion of whether all mineral and man
made fibers, which have been identi fied by U.S. Government agencies as being carcinogenic and which pose an unreasonable risk to . public health, should be controlled in transportation will be considered in terms of the fur ther development and resolution of the issues associated with Docket HM-
145. Notice 78-3 however,.pointed out that a large number of comments were received in Docket HM-145, and that a considerable amount of staff evalua tion of these comments was still re quired before it would be possible to issue a notice or notices of proposed rulemaking for environmental and health effects materials, either on a comprehensive or on a selective basis.
'
ternative method of shipping commer cial asbestos fibers. As was indicated in Notice 78-3, the MTB believes that its proposed non-specification packaging
standards as applied to the transporta tion of commercial asbestos is an ef
fective and efficient means of preclud ing potential problems associated with asbestos airborne emissions occurring
during transportation; and that they are consistent with the standards of
the EPA and the OSHA. Some of the commenters however were also appar
ently unaware that the. transportation standards for the control of asbestos are designed to be comprehensive in nature such that, once the standards are promulgated, commercial asbestos
cannot be packaged and transported in any matter not specified in the amend
other products, that contain certain
' Section 173.1090(c)(1)
ments. If under more advanced tech
amounts of asbestos, and that the commercial value of these minerals or products is not dependent on their as
bestos content. The specific require ments in these amendments for the control of asbestos fibers in transpor
tation do not apply to such materials or products, nor do they apply to as
bestos as a waste product1 or as a con-
Several commenters objected to the
reference made to metal or fiber drums to illustrate the rigid packaging
alternative for asbestos fibers. These
commenters stated that the asbestos industry has not developed the tech
nology to use this type of packaging alternative; that available technology is not transferable to the use of metal or fiber drums; and that, among other
nology the use of rigid, airtight pack aging would lessen the likelihood of airborne asbestos emissions associated
with bag breakages under current in
dustry wide non-uniform non-standardized packaging practices, then it is necessary that alternative transporta tion standards be available so as not to
preclude the development and utiliza
tion of such.technology. Although the public record on Notice 78-3 contains
Under Docket HM-145A (43 FR 22626. May 25. 1978). new standards and proce dures were proposed lor the transportation
of hazardous waste materials. That proposal
things, the use of this alternative could generate far greater airborne concentrations of asbestos than pack-
statements that the asbestos industry is seeking to improve the technology involved in the shipment and handling
would include waste asbestos if so identified
of commercial asbestos so as to mini
by EPA under Section 3001 of the Solid source Conservation and Recovery Act (Pub. mize the possibility for the accidental
Waste Disposal Act as amended by the Re- L. 94-580).
release of such asbestos incident to
FEDERAL REGISTER, VOL 43. NO. 233--MONDAY, DECEMBER 4, 197S
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RULES AND REGULATIONS
transportation, it is by no means cer stances and causes for such release,
tain that the pace of such technologi the MTB is in general agreement with
cal improvements is rapid enough or the thrust of these comments; accord
that the best, economically feasible ingly, a new paragraph (d)(2) recog
technology is being considered. How nizes less restrictive handling of
ever, the classification of asbestos as bagged asbestos than was proposed.
an ORM-C will, for the first time, re
quire the submission of incident re ports to the MTB by carriers of any
Sections 174.840,175.640,176.906,
177.844
.
unintentional release of asbestos In these Sections, Notice 78-3 had
during transportation, and enable the proposed that, incident to Its transpor
MTB to monitor the safety perform tation, asbestos must be loaded, han
ance record associated not only with dled, and any asbestos contamination
the transportation alternatives availa removed, in a manner that will prevent
ble under current technology as pro occupational exposure to airborne as
vided for by these amendments, but bestos particles (emphasis added).
also with any improvements in that Some commenters objected to the
technology.
word _ "prevent," believing that this
For these reasons, the substance of word was Intended to mean completely
proposed 173.1090(cKl) is being re precluding the possibility of an acci
tained but modified to reflect an even dent occurring in which asbestos fibers
broader range of permissible rigid, air would be released; or completely iso
tight packaging alternatives. This sec lating people involved in the transpor-
tion now is identified in this amend tatlon. loading and unloading of asbes
ment as 173.1090(d)(1) because of the tos from exposure to asbestos fibers
addition of new paragraph (b).
from whatever source such fibers were
. generated. One commenter pointed
Section 173.1090(c)(2)
out that with "the very large volume of asbestos shipped, occasional con
tainer damage may occur." Another
Proposed paragraph (c)(2) of Notice commenter pointed out, although in a
78-3 covered the transportation alter somewhat contradictory fashion, that
native of shipping commercial asbestos since "asbestos is ubiquitous," there
in bags when in closed freight contain fore "airborne levels of asbestos fibers
ers, motor vehicles, or rail cars that can be present in any place of employ
were loaded by the consignor and un ment, regardless of whether or not as
loaded by the consignee. Several com- bestos or products containing known
menters noted that, unless reliance quantities of. asbestos are handled"
was placed on using the rigid, airtight (emphasis added). The Asbestos Infor
packaging alternative provided in the mation Association In its comments-
proposal, this alternative would pre stated that "asbestos is ubiquitous,
clude the shipment of asbestos fibers and there'are no workplaces where
by open-bed trailers. One commenter there is zero occupational exposure to
noted that there is "no evidence to in asbestos" (original emphasis). If
dicate that the use of open-bed trailers Notice 78-3 was not as dear as it
with side racks and tarpaulins has con might have been on this point, it is
tributed to bag breakage and the re only necessary to say that the basic
lease of airborne concentrations of as purpose of these amendments is to
bestos fiber." Another commenter minimize the exposure to airborne as
noted that the' type of bag permitted bestos particles accidentally released
by proposed paragraph (c)(2) was not during or incident to transportation;
specified, and that the shipper could and appropriate changes to Parts 174.
package asbestos in burlap bags, or 175, 176, and 177 have been made to
very thin paper or polyethylene bags reflect this purpose.
which could permit asbestos fibers to be easily released into the air during
. ORM-C Classification
transit. Another commenter was con Notice 78-3 proposed that the classi
cerned with "small volume users of as fication for "asbestos" would be as an
bestos and customers who. from time ORM-C, (Other Regulated Material,
to time, require sample shipments for Group C). Several commenters were
trial production runs of a few hundred uncertain and . concerned about the
pounds," and who under marking requirements associated with
173.1090(c)(2) would be forced to ac ORM-C classifications. One com
quire the exclusive use of a railcar or menter noted that the designation
highway trailer, or rely on the alterna ORM-C would "carry no meaningful
tive provided by 173.1090(c)(1).
warning to the person handling or
Given the lack of detailed data on opening the package." Another noted
the amount of asbestos fibers released that the present regulations of the Oc
in transportation and the circum cupational Safety and Health Admin
istration (OSHA) on labeling require
ments for asbestos convey much more
Information than an ORM-C marking
requirement. These commenters were
apparently . not completely familiar
with the marking requirements associ- - ,
ated with ORM-C designated materi
als. The ORM-C marking not only
warns when a package contains haz
ardous material, but it is also a certlfl-
cation by the person offering the I
package for transportation that the .
materia] is properly described, classed,
packaged, marked, and labeled (when
appropriate) and in proper condition f
for transportation according to appli- :
cable regulations of the Department. \
Neither function precludes or pre- :
empts OSHA labeling requirements or j
creates "contradictor)' regulatory re- I
quirements for labeling" as one com-
menter suggested. For these reasons,
no changes have been made with re- !
spect to any marking requirements for 1
asbestos packages.
"
*
*.
Economic/Intlationary Impact
S
In reviewing the potential economic [
and inflationary impacts associated !
with the final rule, the MTB has de-
termined that such impacts will be j
minimal. Based on the comments re- ;
ceived, and the consequent modifies-
tion of Notice 78-3, the'only economic
costs associated with final amendment
pertain to the reporting requirements
to be submitted to MTB on the acci- 1
dental releases of commercial asbestos- :
fibers during or incident to transports-
tion. The absolute annual magnitude 1
of these costs will be, of course, a func- j
tion of the total number of incident
reports that are submitted on acciden- \
tal releases of asbestos fibers; but in '
view of the undisputed grave conse
quences from exposure to asbestos I
fibers, these reporting requirements
will not impose an unnecessary, burden
on the economy, on individuals, or on :
public and private organizations.
-
In consideration of the foregoing.
Title 49, Code of Federal Regulations.
Parts 172. 173, 174, 175. 176. and 177
are amended as follows;
.
PART 172--HAZARDOUS MATERIALS. TABLE AND HAZARDOUS MATERf- ' ALS COMMUNICATIONS REGULA- ' TIONS
1. In 172.101 the Hazardous Materi als Table is amended by adding a new ; entry, immediately following "Arsine." to read as follows:
. v
FEDERAL REGISTER, VOL 43, NO. 233--MONDAY, DECEMBER 4, 197S
UCC 016439"
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F E D itA L REOISTEK, V O L 43, N O . J U -- M O NDAY, DECEMIEK 4, 1071
RULES AND RECULATIONS
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172.1oi IlaznrdouR material* (able.i
UCC 016440
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RULES.AND REGULATIONS*.
PART 173--SHIPPERS--GENERAL RE and unloaded, and any asbestos con
QUIREMENTS FOR SHIPMENTS AND tamination of aircraft removed. In a
PACKAGINGS
.
2. Section 173.1090 Is added preced
ing Subpart N to read as follows: --
manner that will minimize occupation al exposure to airborne asbestos parti cles released incident to transports-*
tion. (See $173.1090 of this sub-j
173.1090 Asbestos.
chapter.)
.
(a) Asbestos Includes any of the fol-.
lowing * hydrated mineral silicates:
chrysotlle. crocidolite. amoslte, anthophyllite asbestos, tremolite asbestos,
PART 176--CARRIAGE BY VESSEL
actinollte asbestos, and every product containing any of these minerals. .
6. Section 176.906 is added to read as
(b) Commercial asbestos is any mate ,,follows:,:*.
rial or product containing asbestos
that has commercial value because of
its asbestos content.
'
5 176.906 Stowage and handling of asbes-
. toe.
.
*
(c) Asbestos which is immersed-of-- - - Asbestos- must be stowed^ handled.'
fixed in a natural or artificial binder and unloaded, and any asbestos con-:
material (such as cement, plastic, as phalt. resins or mineral ore> and man ufactured products containing asbes
tos or any materials.or products whose _
tamination of vessels removed, in aj manner that will minimize occupation-; al exposure to airborne asbestos parti- j
commercin' value is not dependent on? dies "released incident-to-transports--^
their asbestos content, are not subject" tion. (See 5173.1090 of this sub
to the requirements of this sub-- chapter.)
-.
cnapter.
'
(d) Commercial asbestos must be of
fered for transportation and trans ported in--
(1) Rigid, airtight packagings such
. PART 177--CARRIAGE BY PUBLIC |
_____ HIGHWAY
.
i
as metal or fiber drums, portable
tanks, or
. 7. Section 177.844 is added to read as !
(2) Bags and other non-rigid packag follows: '
'
ings that are dust and sift proof.
When transported by other than a pri .i 177.S44 . Other regulated materials.
vate carrier by highway, bags and other non-rigid packagings containing
Asbestos must be loaded, handled,
asbestos must be palletized and unit and unloaded, and any asbestos con
ized by methods such as shrink-wrap tamination 'of transport vehicles re
ping in plastic film or wrapping in- fi- moved, in a manner that will minimi**
berboard secured by strapping.,.
occupational exposure to airborne as
bestos particles released incident to
PART 174--CARRIAGE BY RAIL
3. A Subpart M Heading is added im mediately following $ 174.812 to read as follows:
transportation. (See 173.1090 of this
subchapter.)
-
(49 D.S.C. 1803, 1804. 18087 49 CFR 1.53(e).)
None.--The Materials Transportation
Subport M--Detailed Requirements for Other Regulated Materials
4. Section 174.840 is added to read as iol.C'AS.
Bureau bas determined that these amend ments do not require a regulatory analysis under the items of Executive Order 12044 and DOT implementing procedures (43 FR 9532). A regulatory evaluation is available for review in the docket.
$ 174.340 Special loading and handling re quirements for asbestos.
Issued in Washington, D.C., on No
Asbestos must be loaded, handled, and unloaded, and any asbestos con tamination of rail cars removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released incident to transporta
vember 27, 1978. .
L. D. Saxtman, .
Director, Materials Transportation Bureau. (FR Doc.<78-33771 Filed 12-1-78: 8:45 am)
tion. (See $ 173.1090 of this sub chapter.)
PART 175--CARRIAGE BY AIRCRAFT
5. Section 175.640 is added to read as follows: 175.640 Special requirements for other
regulated material*.
Asbestos must be loaded, handled,
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