Document YDvb2Gvq50aB7RzKLnO3DXvzO

56668 RULES AND REGULATIONS PART 173--SHIPPERS--GENERAL RE QUIREMENTS FOR SHIPMENTS AND PACKAGINGS 2. Section 173.1090 Is added preced ing Subpart N to read as follows: 5 171.1090 Aibestof. (a Asbestos Includes any of the fol lowing hydrated mineral silicates: chrysotlle. crocidolite, amosite. anthophyllite asbestos, tremolite asbestos, actinolite asbestos, and every product containing any of these minerals. (b) Commercial asbestos is any mate rial or product containing asbestos that has commercial value because of its asbestos content. (c) Asbestos which is Immersed or fixed in a natural or artificial binder material (such as cement, plastic, as phalt, resins or mineral ore) and man ufactured products containing asbes tos or any materials or products whose commercial value is not dependent on their asbestos content, are not subject to the reejuirements of this sub chapter. (d) Commercial asbestos must be of fered for transportation and trans ported in-- (1) Rigid, airtight packagings such as metal or fiber drums, portable tanks, or (2) Bags and other non-rigid packag ings that are dust and sift. proof. When transported by other than a pri vate carrier by highway, bags and other non-rigid packagings containing asbestos must be palletized and unitired by methods such as shrink-wrap ping in plastic film or wrapping in fi ber-board secured by strapping. PART 174-CARRIAGE BY RAIL 3. A Subpart M Heading is added Im mediately following -174.812 to read as follows: Subpart M--Detailed Requirements far Other Regulated Materials 4. Section 174.840 is added to read as follows: 174.8 to Special loading and handling re quirements for tsbertoi. 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 tion. (See 173.1090 of this sub- chapter.)- ______ PART 175--CARRIAGE BY AIRCRAFT 5. Section 173.640 Is added to read as follows: 175.640 Special requirements for other regulated materials. Asbestos must be loaded, handled. and unloaded, and any asbestos con tamination of aircraft removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released Incident to transporta tion. (See 173.1090 of this sub chapter.) PART 176--CARRIAGE BY VESSEL 3. Section 176.906 is added to read as follows: ITS.90S Stowage ind handling of asbes tos. Asbestos must be stowed, handled, and unloaded, and any asbestos con tamination of vessels removed, in a manner that will minimize occupation al exposure to airborne asbestos parti cles released Incident to transporta tion. (See 173.1090 of this sub chapter.) PART 177--CARRIAGE BY PUBLIC HIGHWAY 7. Section 177.344 is added to read as follows: 177.344 Other regulated materials. Asbestos must be loaded, handled, and unloaded, and any asbestos con tamination of transport vehicles re moved, in a manner that will minimize occupational exposure to airborne as* bestoa particles released Incident to transportation. (See 5 173.1090 of this subchapter.) <4 U.S.C. IS0J, 1804. ISOS; 49 CFR L.JJtel.) Not*.--The Materials Transportation Bureau has determined that these amend ments do not require s regulatory analysis under the items of Executive Order 12044 and DOT implementing procedures (43 PR 9582). A rerulatory evaluation la available for review in the docket. Issued in Washington, D.C., on No vember 27, 1978. L. D. Santmam, Director, Materials Transportation Bureau. (PR Doc. 78-33771 Piled 12-1-78: 8:45 sml [4910-59-M] CHAPTER V--NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRA TION, DEPARTMENT OF TRANS PORTATION [Docket No. 78-17: Notice 11 PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS New Pneumatic Tires--Passenger Cars AOENCY: National Highway Traffic Safety Administration (NHTSA), De partment of Transportation. ACTION: Final rule. SUMMARY: Pursuant to petitions by the Michelln Tire Corporation (Mlchelin) and by the Rubber Manufacturers Association (RMA), this notice amends Federal Motor Vehicle Safety Stand ard No. 109, New Pneumatic Tires-- Passenger Cars, by adding four new tire size designations to Table I of Ap pendix A of the standard. The amend ment permits the Introduction into in terstate commerce of the new tire sizes. EFFECTIVE DATE: January 3, 1979. if objections are not received prior to that date. ADDRESS: Comments should refer to the docket number and be submitted to Room 5108, Nassif Building, 400 Seventh Street SW.. Washington. D.C. 20590. FOR FURTHER INFORMATION CONTACT: John Diehl. Office of Vehicle Safety Standards, National Highway Traf fic Safety Administration, -too Seventh Street SW., Washington, D.C. 20590(202-426-1714). SUPPLEMENTARY INFORMATION: According to agency practice, the Na tional Highway Traffic Safety Admin istration responds to petitions for adding new tire sizes to Table I of Ap pendix A of Standard No. 109 by quar terly Issuing final rules under an ab breviated rulemaking procedure for expediting such routine amendments. On July 13, 1978. Mlcheltn peti tioned for the addition of two new tire size designations requested to be locat ed in a new table, I-QQ within Appen dix A of Standard No. 109. Cr. July 13. 1978, and August 3, 1978, the RMA pe titioned for the addition of two new tire size designations to existing tables within Table I of Appendix A of the standard. The bases for accepting or denying requests to add new tire si2e designations are set forth in introduc tory guidelines to the appendix (Octo ber 5. 1968, 33 FR 14964. as amended May 4. 1971. 38 FR 8298: July 22, 1971. 38 FR 13601: and August 13. 1974. 39 FR 28980). The four new t:re size des ignations requested to be added to FEDERAL REGISTER, VOL 43, NO. 233--MONDAY, DECEMBER 4, 1978 1302b9V DUP 0501726 DB& Dll 001447 -innatii . S4ia RULES AND REGULATIONS 18673 . 205(0, 63 Stau 390; 40 tLS.C. 483(c)) 'PART 14-4--SPECIAL TYPES AND/ transportation by vessel. The effective !<ated; March 14,1979. Pam. E. Oouldixo, NMETHODS OF PROCUREMENT/ date of the entire Docket HM-1S0 Is revised from April 30, 1979 to August 1. The Table of Contents toy Part 20,1979. ActingAdministratorof , General Seroit 14-4 is amended by adding newyentriea as folio:' INFECTIVE DATE: August 20,1979. c. 79-9311 Piled 3-28-79; 8:43 uj Sub* I i4-4A3--Aircraft SAvica* ADDRESS: All written comments re ceived in this rulemaking action are [4310-\0-M] Sea 14-4.3300 Requirement* lyt acquiring air craft lervlctfA Aurnoairr 5 U.S available for examination during regu lar business hours in the Docket Branch, Room 8500, TransPoint Build ing, 2100 Second Street. S.W., Wash ington. D.C. CHAPTER 14--DEPARTMENT qP THE \ INTERIOR 2. New SubparVl4-4.53 and 5144.5300 are added as Jollows: Subpart 14-4^3--Aircraft Services FOR FURTHER INFORMATION CONTACT: Delmer F. Balings, Standards Divi PART li-4--SPECIAL TYPE* AND METHODS OF PROCUREMENT ireraft service*/ AGENCY: Department of ifae Interior. Office of the Secretary. ACTION: Flnalmle. j 14-4.6300 JUbuiremente\far acquiring aircraft serried. Procurepnsnt of aircraft ind aircraftrelated services and maintenance shall be performed by the Office oriAlrcraft Serviora in accordance with tnk proce dural contained in Part 333 of t\e De partment Manual (353 DM). hR DOC. 79-9507 Piled 3-28-79; 8:45 aftql sion, Materials Transportation Bureau, Research and Special Programa Administration, 2100 Second Street, S.W., Washington, D.C. 20590, Phone 202-753-4902. SUPPLEMENTARY INFORMATION: On December 4. 1978, the MTB pub lished a final rule under Docket HM160 in the Federal Reoister (43 FR 36664). Since this publication, the SUMMARY: This rule upends the In terior Procurement Regulations by addins a reference to the require ments of Part 353 of the Department [49KM0-M] Title 49--Transportation MTB has received several petitions for reconsideration In accordance with the provisions of 49 CFR 106.35. The peti tions requested reconsideration of the provisions and/or extension of the ef al Manual which'covers the procure ment of aircraft andr aircraft-related services and maintenance. CHAPTER (-RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, MATERIALS TRANSPORTATION fective date of the final rale. This doc ument will incorporate methods of shipment which were identified in the notice of proposed ralemaking (43 FR EFFECTIVE DATEy This amendment. is effective on Aprilpft, 1979. for further/ Information contact: William Opdyfcof (209) 343-3914. SUPPLEMENTARY INFORMATION: The primary author of tnis rule is Wil liam Opdyice, Division oftProcurement and Grants. Office of Administrative and Management Policy, (Department of Interior, (202) 343-3914' Nora--The Department of 'Interior has determined that this document!!! not a sig nificant rule uhd does not requa* a regula tory analysis under Executive qrder 13044 and 43 CFR Hut 14. It is the/ general policy of\the partment pi Interior to allow parties in the lowever, the ami 1 herein are entirely , nature. Therefore, th^ making/process is waived. Datep: March 21,1979. Richard R. Hits. Deputy Assistant Seeretary\ ofthe Interior Accordingly, pursuant to the author ity/of the Secretary of the Interf^ contained in 5 U.S.C. 301. 41 CFR aended as stated below. BUREAU, DEPARTMENT OP TRANS PORTATION (Docket No. HM-160; Arndt. No. 172-47. 173-123. 174-33. 173-7, 178-3.177-441 PART 173--SHIPPERS--GENERAL RE QUIREMENTS FOR SHIPMENTS AND PACKAGINOS Transportation of Asbestos; Revision of Amendment No. 173-123; Effec- . tivo Data Extension AGENCY: Materials Transportation Bureau (MTB), Research and Special Programs Administration. DOT. ACTION: Revision of previous Amend ment No. 173-123 and extension of the effective date for all amendments. SUMMARY: This revision of Amendment No. 173-123 regarding the trans portation of asbestos as published on December 4, 1978, in the Federal Reoisteb (43 FR 33364) will allow ship ments of asbestoa when packaged in bags or other non-rigid packagings to be transported in closed freight con tainers, motor vehicles, or rail cars when loaded by the consignor and un loaded by the consignee; or in bags and other non-rigid packagings that are dust and sift proof which are palle tized and unitized. Unitized loads in slings need not be palletized during 6562, March 2, 1978) and also those which were included in the final rule. These amendments represent mini mum safety requirements and are in tended to reduce the risks to public health associated with the generation of unacceptable airborne concentra tions of asbestos that my result from packaging and handling of asbestos shipments in commercial transporta tion. Two petitioners based their petitions on the fact that the final rule con tained a provision requiring bags and other non-rigid oontainen of asbestos to be palletized and unitized by some method such as shrink-wrapping In plastic film or wrapping in fiberboard secured by strapping. It was noted that this requirement was not includ ed In the notice of proposed ralemak ing (43 FR 8562). thus making com ments on this requirement Impossible during the normal comment period for the proposed ralemaking. Petitioners also posed the question of whether or not freight containers, rail can, etc., constituted rigid, airtight packagings as required in {173.1090(d)U>. It was stated that if such containers were not included in this provision, all ship ments of bags or non-rigid contamen would be required to be palletized and unitized according to the provisions of 5173.1090(d)(2), and that this require ment would impose great hardship on the asbestos industry and on shippers FEDERAL REOISTER, VOL 44, NO. 42--THURSDAY, MARCH 29, 1979 DUP 0501727 Ofif i30Ub^ X)\] 001448 aifi $ 18674 RULES AND REGULATIONS o( large volumes of asbestos who nor- Several petitioners cited a need for molly ship using exclusive use vehicles the MTB to define the term "dust and and rail cars. It was also indicated that sift proof". For the purposes of this neither the equipment nor facilities amendment, the MTB considers dust exist at the present time to achieve and sift proof to mean packagings compliance with the palletizing and which are constructed so as to prevent unitizing requirement of the final rule the release of their contents either by the published effective date. The through materials of construction, MTB has determined that freight con seams, or closures during conditions tainers and, probably, motor vehicles normally Incident to transportation. and rail cars would not satisfy the re quirements of 5 173.1090)d)(l). By allowing the use of unitized pallet loads as Identified In the final One petitioner requested that the use of gluing of bags into a unit be al lowed as an alternative to the unitiz ing methods identified in the final rule, the MTB intended to recognized rule. It is the MTB's opinion that the less restrictive handling requirements for bagged asbestos than those that would have been required by the "loading by consignor/unloading by consignee" approach. However, it was not the intent of the MTB to elimi nate the more restrictive consignor/ consignee approach. Therefore, 5.173.1090(d) is being revised to allow the option of either the consignor/ consignee approach as identified in the original proposed rulemaking with inclusion of an exclusive use provision or the unitized pallet approach using bags or other non-rigid packagings ss required by the final rule. One petitioner noted that a method of shipment of asbestos via water was the use of slings which are shrinkwrapped or stretch-wrapped and trans ported in the hold of a vessel without the use of pallets. It was the petition er's contention thst the use of pallets would Increase the Incidents of unin tentional release of asbestos due to the interaction of the pallets against the bags which are unitized by the slings. It was noted that pallets were used In all Instances except when placed in the hold of the transport vessel. Given the lack of detailed data on the amount of asbestos fibers re leased In transportation and the cir cumstances and cause for such release, the MTB is In general agreement that Increased unintentional releases may be likely if pallets were used under the method identified In the petition. Therefore, 5173.1090(d) is being re vised to allow slings in loads that are shrink-wrapped or stretch-wrapped to be transported by water without the use of pallets. Future monitoring of hazardous materials incident reports will assist the MTB in determining the safety and efficiency of this and other methods for shipment of asbestos. One petitioner suggested that the terms "pallet" and "palletized" be de fined in the rulemaking. The MTB does not intend to publish a definition use of shrink-wrapping or other simi lar methods of enclosure assist not only in unitizing a pallet load of bags or other non-rigid packagings. but also assist in the'prevention of airborne asbesto*.contamination of individuals in volved in the transportation of asbes tos. Simply gluing these packagings to gether to form a unit would not pro vide this added measure of safety to which the final rule addresses Itself. Therefore, gluing of bags into a unit is not being included as an alternative unitizing method. One petitioner requested that quan tities of less than 2,000 pounds, net weight, per vehicle be excepted from the palletizing and unitizing require ment. It is MTB's opinion that the pal letizing and unitizing requirement does not unreasonably restrict the shipment of asbestos in any quantity. This requirement is necessary to pro vide a minimum level of safety. Several petitioners requested an ex tension of the effective date of the final rule. The effective date has been extended to allow five months (or compliance as originally intended by the December 4, 1973 publication. Primary drafters of this document are Delmer F. Billings, Standards Divi sion, Office of Hazardous Materials Regulation, and Douglas A. Crockett, Standards Division, Office of Hazard ous Materials Regulations. In consideration of the foregoing, the effective date and paragraph (d) of 5 173.1000 as they appeared In the Federal Rzcister published on De cember 4, 1978 (43 FR 58684) are re vised to read as follows: 1. The effective date of the final rule as It appeared in BM-130 on Decem ber 4, 1978, is revised to read as fol lows: EFFECTIVE DATE August 20, 1979. 2. In 5173.1090 paragraph (d) as it appeared at 43 FR 56869 is revised to read as follows: of pallet or palletized It is the MTB's opinion that any rigid platform or 5 173.1090 Asbestos. board upon which goods may be placed tor transportation would meet the requirements when unitizing a (d) Commercial asbestos must be of load of bags or other non-rigid packag fered for transportation and trans ings. ported in-- (1) Rigid, airtight packagings such as metal or fiber drums, portable tanks; (2) Bags or other non-rigid packag ings in closed freight containers, motor vehicles, or rail cars that are loaded by and for the exclusive use of the consignor and unloaded by the consignee; or (3) Bags or other non-rigid packag ings which are dust and sift proof and which are palletized and unitized by methods such as shrink wrapping in plastic film or wrapping in fiberboard secured by strapping. Pallets need not be used during transportation by vessel for loads with slings that are unitized by methods such as shrink wrapping, if the slings adequately and evenly support the loads and the unit izing method prevents shifting of the bags or other non-rigid packagings during conditions normally Incident to transportation. (49 CTJ9.C. ISOS. 1804.1808; 49 CFR 1.53). Not*.--1The Materials Transportation Bureau has determined that these amend ments do not require a reiulatory analysis under the items of Executive Order 12044 and DOT Implementing procedures (43 FR 95S2). A regulatory evaluation Is available for review in the Docket Issued In Washington. D.C. on March 22,1979. . LJD. Saxtmak. Director, Materials Transportation Bureau. CFR Doc. 79-9325 Field 3-28-78: 8:45 ami [4910-S9-M] MT V--NATIONAL HIGHWAY traffic safety admimistra- hON, department of Trans portation (Docket No. 73-3; Notice111 PART\A71--FEDERAL t/oTOi VEHICtE SAFETY STANDARDS School Sue Possenge/Sooting and Gratis Protection AGENCY: Nations/Highway Traffic Safety Administration (NHTSA). ACTION: Final l SUMMARY: This notice makes final an existing Interim amendment to Standard Not 222. School Bus Fastenper Seatinarand Crash Protection, in creasing tfie maximum allowable seat spacing in school buses from 20 to 21 inches.yin issuing the original stand ard, tile agency Intended that the seats/be spaced approximately 20 inches apart (S5.2). However. 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