Document ba4BQmpBO57o0jew2EgqJXedo

Bulletin il525 May 1, 1979 DOT REVISION AND EFFECTIVE DATE EXTENSION OF GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGING OF ASBESTOS FIBRE On March 29, 1979 the Federal Register published an amendment to the previous final rule by the Materials Transportation Bureau, Research and Special Programs Administration, DOT covering packaging and shipments of asbestos fibre. Under the new rule, which will become effective August 20, 1979, we may continue to ship carloads and truckloads in closed motor vehicles and railcars as we are now doing. By our interpretation, flat bed trucks will be tolerated provided the entire load is well covered by a tarpaulin. Also all less than carload/truckload shipments from August 20th on must be packaged in rigid, airtight containers or dust and sift proof bags which must be palletized and shrink wrapped. This means our distributors must purchase and sell palletized and shrink wrapped units in order to comply with the new requirement. We are enclosing a copy of this latest revision. CAREY-CANADIAN MINES LTD A. H. Bagenstose Vice-President - Marketing & Sales Ends. AHB:tc a Jim\Jalter company  .18673 : transportation by vessel. The effective date of the entire Docket HM-160 is I revised from April 30. 1979 bo August I 20,1979. j EFFECTIVE DATE: August 20. 1979. : I ADDRESS: All written comments re ! ceived in this rulemaking action are available for examination daring regu lar business hoars in the Docket t Bi,nrga.nc21h0.0RSooemcon6d50S0.trTereatn, sSP.oWln,t Build Wash- ington, D.C. \- -v FOR FURTHER INFORMATION CONTACT:.. - _ . ______ __ Delmer* F. Billings. Standards Divi-' sion. Materials - Transportation Bureau. Research and Special Pro- ' grams Administration, 2100 Second Street. S.W.. Washington. D.C.. 20590, phone 202-755-4902. ' - S 0 yL'r ,, .On December 4. 1978. the MTB pub-' lished a final rule under Docket HM160 in the Federal, Register (43 FR 1 56664). Since this publication, the .. MTB has received several petitions for reconsideration in accordance with the [4910-60-M] ;`tn ,xz -i -v . .Title 49--Traniportation . provisions of 49 CFR 106.35. The peti = e;jU';. ^ v-. ;r tions requested-reconsideration,of the . provisions and/or extension of the ef- * CHAPTERI--RESEARCH AND SPECIAL -. fective date of the final rule. This doc--' .'i PROGRAMS' ' .. ADMINISTRATION, ument will incorporate methods of shipment which were Identified in the T MATERIALS TRANSPORTATION notice of proposed rulemaking (43 FR ` BUREAU, DEPARTMENT OF TRANS^- .8562, March 2, 1978) and also those PORTATION . ... .. ' .. which were included in the final rule. These amendments represent mini [Docket No. HM-160; Arndt. No. 172-47, ' mum safety requirements and are in . 173-123. 174-33, 175-7, 176-6, 177-441 ,;v` ' tended to reduce the risks to public health associated with the generation PART 173--SHIPPERS--GENERAL RE-' . of. unacceptable airborne concentra-' QUIREMENTS FOR SHIPMENTS AND tions of asbestos that my result from . packaging and handling of asbestos PACKAGINGS' ..... .. . iuh .T i. ..r: --1 shipments in commercial transporta- - tion. i - - ------ Transportation of Asbestos; Revision Two petitioner based their petitions of Amendment No. 173-123; Effec tive Dote Extension - .. on the fact that the final rule con tained a provision lequiring bags and other non-rigid containers of asbestos 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. to be palletized and unitized by some method such as shrink-wrapping in plastic film or wrapping in tiberboard secured by scrapping, it was notea that this requirement was not Includ ed in the notice of proposed rulemak ing (43 FR 8562), thus making com SUMMARY: This revision of Amend ments on this requirement impossible ment No. 173-123 regarding the trans during the normal comment period for ' portation of asbestos as published on the proposed ruieraaking. Petitioners December 4, 1978. in the Federal Reg ister (43 FR 56664) will allow ship ments of asbestos when packaged in also posed the question of whether or not freight containers, rail cars, etc, constituted rigid, airtight packaglngs bags or other non-rigid packaglngs to be transported In closed freight con tainers, motor vehicles, or rail cars when loaded by the consignor and un as required in 173.1090(d)(1). It was stated that If such containers were not Included in this provision, all ship ments of bags or non-rigid containers loaded by the consignee; or in bags would be required to be palletized and and other non-rigid packaglngs that unitized according to the provisions of are dust and sift proof which are palle 173.1090(d)(2). and that this require tized and unitized. Unitized loads in ment would Impose great hardship on slings need not be palletized during the ashestoe industry and on shippers REGISTER, VOL. 44, NO. 62--TWURSOAY, MARCH 29, 1979 4 . RULES AND REGULATIONS of lrrge volumes of asbestos who nor Several petitioners cited a need for (1) Rigid, airtight packagings suv mally ship using' exclusive use vehicles the MTB to define-the term "dust and as metal- or fiber drums, portat. and rail cars. It was also Indicated that i. sift proof". For the purposes of this tanks; -- . neither the' equipment' nor facilities . amendment, the MTB considers dust (2) Bags or other non-rigid pack?.. exist at the present time to achieve r and sift proof to mean packagings ings in ' closed freight container compliance. w ith the palletizing, and which are constructed so as to prevent motor vehicles, or rail cars that re unitizing requirement of the final rule the release of their contents either ' loaded by and for the exclusive use by the published effective date. The > through materials of construction, the consignor and .unloaded, by. tl. Mi J has determined, that freight con- seams, or closures during conditions consignee; or . t"' ers and. probably^ motor vehicles . normally incident to transportation. (3) Bags or other non-rigid packa and rail cars would not satisfy the re- One petitioner requested that the ings which are dust and silt proof ai. quLements of 173.1090)d)(l). -' use of gluing of bag3 into a unit be al which are palletized and unitized t Bj allowing the use of unitized lowed as an alternative to the unitiz methods such as shrink wrapping ; pallet loads as identified in the final ing methods identified in the final plastic film or wrapping in fiberboar rule, the MTB intended to recognized rule. It is the MTB's opinion that the secured by strapping. Pallets need n; less restrictive handling requirements use of shrink-wrapping or other simi be used during transportation t for bagged asbestos than.- those . that lar-methods-of - enclosure assist not vessel for loads with sling3 that ar would. have - been required by - the only in unitizing a pallet load of bags unitized. by methods .such, as shrir. `'leading by consignor/unloading -by or other non-rigid packagings, but also wrapping, if the slings adequately ar consignee" approach. However, It was assist in the prevention of airborne as- evenly support the loads and the un; not the intent of the MTB to elimi- - bestos contamination of individuals in izing method prevents shifting of th cPe the more restrictive consignor/: volved in the transportation of ashes- ; bags or other non-rigid . packaging uxsigr.ee approach. Therefore, - tos. Simply gluing these packagings to- -_ during conditions normally incident t :'X/~.'05>Xd) Ls being revised to allow' gethe.' fo-fapm a unit would net pro transportation. . " .. t.*d: option of either'the consignor/' vide this added measure of safety to c.-osignee approach as Identified in which the-final rule" addresses itself.-: LT t original proposed rulemaking with .Therefore, gluing of bags into a unit Is : elusion of an exclusive use provision '.not being included as an alternative cn the unitized pallet approach-using'; unitizing method. "- tijs or-other non-rigid packagings as - One petitioner requested-that quan <49 UB.C. 1803, 1804. ISOS; 49 CFR LS3). Non.--The . Materials Tramportatic Bureau has determined that these amer.. merits do not require a regulatory a n? under the items of Executive Order 120and DOT implementing procedures (43 T. ; . qvired by the final rule. tities of less than 2,000 pounds, net 9532). A regulatory evaluation Is avaXLab -One petitioner noted that'a method": weight, per vehicle be excepted from , for review In the Docket___ ,. ., . /shipment of asbestos via water was-" the palletizing and-unitizing require i'' .-use- of slings-1which* axe-'shrink.-'i ment.' It is MTB's opinion that the pal- ' : , rued or stretch-wrapped and trans letizing and - unitizing -.-requirement om, ted in the hold of a vessel without : does_,not unreasonably . restrict- the t! 1. Use of pallets. It was the petition- shipment of asbestos in any quantity. . .- Issued in- -Washington, D.C-t o. March 22^1979. ` . , EJD. Sa-TTMazt. . -- "Director, z.;:Malerials Transportation Bureau. contention that the use of pallets ; - This'requirement is necessary to pro rmuld increase the incidents of unin vide a minimum level of safety; CFR Doc. 79-9325 Field 3-23-79; 8:45 ami tentional release of asbestos due to Several petitioners requested an ex t ;e interaction of the pallets against tension' of' the effective-date of the the- bags which are unitized by the - final rule. The effective date has been - slings. It was noted that pallets were extended to t allow five months for . used `It. all instances except- when? .compliance as - originally-intended - by ; 'jlacrd' in the hold' of" the-transport " : the December 4,1978 publication.--1> i t ;b Given the lack of detailed data Primary drafters of this document ,r.."thfe amount of asbestos fibers re-.. are Delmer F. Billings, Standards Divi leered In transportation and the cir sion, Office of Hazardous Materials cmi-stances and cause for such release, Regulation, and Douglas A. Crockett, the MTB is in general agreement that Standards Division, Office of Hazard incj eased unintentional releases may ous Materials Regulations. he likely if pallets were used under the In consideration of the foregoing, method identified In the petition. the effective date and paragraph (d) Therefore. 173.1090(d) Is being re of 173.1090 as they appeared in the vised to allow slings In loads that are Federal Register published on De- ' zi-h-r-mpped cr stretch-v.Tapped to- ceraoer 4, 197b (-;b FR 5o6b4) are re be transported by water without the vised to read as follows: use of pallets. Future monitoring of 1. The effective date of the final rule hazardous materials incident reports as it appeared in HM-160 on Decem will assist the MTB in determining the ber 4, 1973, is revised to read as fol-- safety and efficiency of this and other lows: v. methods for shipment of asbestos. - One petitioner suggested' that the-, .'EFFECTIVE DATE: August 20. 1979. .1' teims "pallet" and "palletized" be de 2. In 173.1090 paragraph (d) as it fined in the rulemaking. The MTB appeared at 43 FR 56669 is revised to does not intend to publish a definition read as follows: - . ___ .' : of pallet or palletized. It.is the MTB's opinion that any rigid1 platform or ': - 'i-.' 173.1090- Asbestos. -,.. yd board upon which goods may be placed for 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-- . FEDERAL REGISTER, VOL.44, NO. 42--THURSDAY, MARCH