Document yk2V3j15Na94merapNXwGaQD4

Now York Office Gcnoral Traffic Department January 17, 1977 File: GEN-0-120-340.3 Mr. R. Gagnon Black Lake Dear Rollie: Last week I told you of a pending investigation being made by the Materials Transportation Bureau of the United States Department of Transportation relative to certain materials which are now not classified as hazardous. I am enclosing a copy of the Federal Register outlining the contents of the advance notice of proposed rule making and suggest you discuss it with QAMA members to determine the position of that organization. Sincerely, enc. cc: R. Muth <24 PROPOSED RULES t.l all times. Tills request Js beine con (2)); 49 CFn 1.4C(r) (5), 33 C/l! J.05-l(c) [j 21.1(11.7 Entilli n-nl t-harpr., sidered because of limited requests for (4).) f openings during this period, tThere were eight rcqucsts'durlng 1975-1076). Interested persons may participate In this proposed rule making by submitting written data, views, or arguments to the Commander (oan). Ninth Coast Guard District, 1240 East Ninth Street, Cleve land, Ohio 44)99. Each person submitting comments should include his-name-and address, identify the bridge, and give reasons for any recommended change in the proposal. Copies of all written com munications received will be available Ntnx.--Tlie Const Guard has determined that this document does not rontaln a nm)or proposal requiring preparation of an Infla tion Impact Statement under executive Order 1)821 and OMB Circular A-107. Dated: December 1.197c. . .' D. J. Riley, Captain. U.S. Const Guard, Act ing Chief, Office of Marine 'Environment end Systems. |PRDoc.76-38214 Filed 12-8-76:8:45 am] (f) Ox'crpayment cases. Entitlement will be charged-for an overpayment in v educational assistance allowance only If the overpayment is discharged in bank ruptcy or waived and is not recovered. The charge will be at the appropriate rate for the elapsed period covered by the overpayment. - t * 2. In f 21.4009, paragraphs (d), (gl, (h) and (i) arc revised to read as fol lows: for examination by interested persons at the office of the Commander. Ninth Coast Guard District. The Commander, Ninth Coast Guard District, will forward any comments re ceived before January 12. 1977, with his recommendations to the Chief, Office of Marine Environment and Systems, U.S. Coast Guard Headquarters, Washington, D.C.. who will evaluate all communica tions received and take final action on this proposal. The proposed regulations -may be changed in the light of comments VETERANS ADMINISTRATION [ 38 CFR Part 21 ] EDUCATION ALLOWANCE ; . OVERPAYMENTS ' Charging of Entitlement; Review Board ^ Made Permanent . ' The following regulatory changes are made to clarify and update existing provisions. ' - ' Section 21.1045 is amended to provide proper rules for charging entitlement for 21.4009 O'erprnnic-nls; wjiivcr or re* . lovery. II (d> Field station committees, the field station regional committee having juris diction over the area in which the school. is located is authorized to find: . (1) Whether recovery may be waived as to the veteran or eligible person. (2) Liability of the school or liability of both the school and the veteran or eligible person. , received. - overpayments, the collection of which is 9% t * In consideration of the foregoing, it Is barred by a discharge of the debtor in a proposed that Part 117 of Title 33 of bankruptcy proceeding. the Code of Federal Regulations, be Section 21.4009 is amended to indi amended by revising 117.706 to read as cate that the Central Office ad hoc re follows: _ view board is renamed and made a per 117.706 Sandusky Bay, Ohio. - * ' manent body. Interested persons are invited to sub- mit .written comments, suggestions or (b) Ohio Department of Highwoys objections regarding the proposal 1.0 bridge between Marlin Point and Dan the Administrator of Veterans Affairs bury. (1) The owner of or agency con (271A)," Veterans Administration, .8)0 trolling this bridge shall provide the Vermont Avenue, NW., Washington, D.C. necessary draw tender and the proper 20420. AU relevant material received be mechanical appliances for the safe, fore January 10, 1977, will be considered. prompt opening of the draw for the pas AH written comments received will be sage of vessels except when ice prevents available for public inspection at the navigation. above address only between the hours of (2) The opening signal and the, ac- . 8 a.m. and 4:30 p.m. Monday through knowieaging signal shall be those pre Friday (except holidays), during the scribed in paragraph (a) (2) and f3) of mentioned-30-day period and for 10 days this sectibn. -' - - thereafter. Any person visiting Central (3) The draw shall open on signal, ex Office for the purpose of inspecting any cept that the draw need not open from such comments will be received by the 11 p.m. to 7 a.m. daily, except when no tification prior to 3 p.m. has been given. Central Office Veterans Services Unit in <i) Advance notification should be room 132. Such risi'.ors to any VA field given to the Sandusky Post. State High station will be informed that records are way Patrol. ' available for inspection only in Central <51 Public vessels of the United States, Office and furnished the address and the vessels in distress, and state or local gov ernment vessels used for public safety shall be passed through the draw of this above room number. ' . The Veterans Administration has de bridge as soon as possible at any time termined that this document does not even though the closed periods may be contain a major proposal requiring prep In cITect. . (6) The owner or agency controlling the bridge shall keep a copy of the reg ulations in this section, together with a notice stating exactly how the San dusky Post, State Highway J'atrol, may aration of an Inflation Impact State ment under Executive Order 11621 and OMB Circular A-l 07. Notice is also given that it is proposed to make these -changes effective date of "he reached,' conspicuously posted both final approval. ' ' . ~ - : V. ' -. ' e' upstream and downstream, either on the Approved: December 3, 1976. ; bridge or elsewhere in such a manner : By direction of the Administrator. that it can be easily read from an ap ..... . .proaching vessel at all times. x r; Odeli.W.Vaugkh,^.: f.. ,j . - Deputy Administrator. " (g) Administrative reviews. A request for an administrative review will be for warded to Central Office where it will be considered by the Central Office School Liability Administrative Review Board convened for (hat purpose. The Board's decision will serve as authority for in stituting collee.tion proceedings, if ap propriate. or for discontinuing collec tion proceedings instituted on the basis o! the original decision of the field sta tion'committee in any case where the Board reverses a finding made by the committee that the school is liable. ^_ (hi Review and modification. The Cen tral Office School Liability Administra tive Review Board may review and modify its decision upon submission of new and materia) evidence. The field sta tion committee will forward such evi dence with its recommendation. . <i) Finality of decisions. The Central Office School Liability Administrative Review Board has authority to act lor the Administarior in making administrative, reviews of determinations .that a school is or is not liable-for an overpayment to ' a veteran or an clgible person. There is no right of appeal. |FR Doc.76-36192 Filed 12-8-76:8:45 am) DEPARTMENT OF . TRANSPORTATION . Materials Transportation Bureau [49 CFR Parts 170, 171. 172. 173, 174. 175, 176, 177, 178, 179. >80,J81, XS2, 183, J 84, 185, 186, 187, 188, 189] J Docket Ho. HM-145] ENVIRONMENTAL AND HEALTH EFFECTS .. . . MATERIALS -- ... ' Advance Notice of Proposed Rulemaking In issuing this advance notice of pro posed rulemaking, flic Materials Trans- (Sec. 5.28 sut. 362. as amended, sec; 6(6) (2). * ** 21.1045. paragraph (f) Is rc-. portalion Bureau (MTB> is giving no- 80 siat. 937; (33 u.s.C. 499,49 u.s.c. 1655(e) vised to read ns follows: -, ` ' r: . . tice that ft Is considering whether new * vf FEDERAL REGISTER, VOL 41, NO. 7 3R--THURSDAY, DICti.h k %-}97A_ KMX 00731 r;urjstu Kuitj OOO..I or additional tran-porlation controls arc which in a jxiriictil.ir quantity and form Appendix ID. Ilic selection criteria med necessary tor cbisscs of materials pre "may jvr'-c an unri-.Lsor.nblc rt-k to health _ recognizes effects of chrome occupational senting certain lia.wds to humans fund and safety or properly *" ; exposure which nmy bo quite remote In lo the environment and which arc not generally subject to the existing Hazard- Existing DOT Jir.r.uuu ions time from the onset of cxp* urc. OSHA 'lias also pro|Kj.-cd rule.-, governing ocru- ous Materials Regulations tHMH). Tire Historically, the TX5T has established, .national exposure to xbc.r.los (see Apiwn- MTB Ls particularly Interested In receiv ing views on the practicality and need for transportation controls on materials its regulatory control ur*ui properties of' dix B>, which would Include controls on Imaterials that pose a significant potcniia]| asbestos handling incident to tianspor- hazard to humans from acute exposures. . tation. The Intcr-govcrnmental Mari- whose potential release during or Inci The program to minimize this hazard has [time Consultative Organization ls ac dent to transportation may result In an been primarily directed at controlling the tively concerned with possible hazards unreasonable risk to property, the en handling of the materials and w.vs fur associated with health effects of asbestos vironment. or lo human health and ther confined to the circumstances of the particles released during transportation. safety as has been determined through hazardous materials transportation ac- The Organization lOr Economic Co exposure in the work place or exposure # tivlty. This philosophy has led to the de- operation and Development lias issued a by environmental accumulation. * velopmcnt of a series of regulations found decision of Die Council on Protection of This action ls in response to recom in Title 49 of the Code of federal Regula the Environment by Control of Poly mendations from other organizations tions. These regulations define the classes chlorinated Biphenyls iPCB's), which . who have expressed a desire for the MTB of hazardous materials and list materials was adopted at its 315th meeting in Paris. to take more effective steps to deal with, contained In the classes (49 CFR 172.101). France. February 13, 1973, and which certain unregulated materials. Present DOT definitions of classes of recommended that member countries re Comments bn:..March 14.'1977.____ materials regulated as hazardous are quire labeling and specification packag ' Addressed lo: Docket Section, OCice of found in 49 Cf'R Part 173. Definitions ing for the transport of PCB's. Both I he Hazardous Materials Operations, Depart dealing primarily with toxic effects, EPA and the VJS. Department of State ment of Transportation, Washington, found in Subpart H therein, include those have indicated concern over the health D.C. 20590. Comments should reference of Poison A (I 173.326), Poison B effects of these materials founded, in Docket NO. HM-145. It is requested that comments be submitted in five copies. _ Background ( 173.343), Irritating materials (5 J73.3S1). Etiologic agents (5 113.386) and Radioactive materials (5 173.383). The existing definitions are generally part, upon the PCB's levels found in the fisheries of the Great Lakes, certain foodstuffs, and in the mil): fat of nursing mothers in several States. In Section 6 A number of public and private or limited in scope by reliance on testing of the Toxic Substances Control Act ganizations and environmental agencies criteria that may not provide adequate (Pub. L. 94-469, October 11, 1976) Con have expressed to MTB the view that the consideration of the risks that transport gress has directed EPA to pi escribe MTB should consider establishing trans ing some materials may have on health or methods of marking and disposal of portation controls to deal with materials environmental effects. Some of these lim PCB's and has completely banned manu which are not regulated or are only itations in the transportation regulations facture and distribution of these ma partially regulated by the U.S. Depart can be recognized as: (a) Not listing as terials within two and one-half years of- ment of Transportation's (DOT) IIMR, HMR, those materials which when di- the effective date of Ore Act, subject lo transportation of which may pose certain Tectly exposed to man over a prolonged exception by the EPA Administrator. hazards that the DOT previously has not period of time (month to years) effect formally recognized. The Natural Re his health; (b) not listing as HMR, those .\ ` ' - Legislation ' . - sources Defense Counsel, the General materials which when discharged into the Additional mechanisms, either existing1 Electric Company, the National Tank environment pose imminent and substan or in development, which address health Truck Carriers, the National Maritime tial danger to public health or welfare, or environmental effects of various ma Safety Association, the U.S. Environ including, but not limited to, fish, shell terials, may exist at both the Federal and mental Protection Agency (EPA), and fish, wildlife, shorelines and beaches, or State level. Such programs as can be the Occupational Health and Safety Ad (c) not listing as HMR, those materials identified may be considered by the MTB ministration (OSHA) of the Department which when found in man's food, water, in evaluating any action It may lake. of Labor have expressed various con or air may endanger his'health. These State programs pertaining to the trans cerns with the transportation of mate risks have been addressed to some extent portation of materials called hazardous rials that may cause or contribute to the by agencies outside this Department. wastes are of particular Interest. Incidence of cancer, birth defects, gene tic changes, environmental damage, and " Actions'of Othzr Acexcxes Recent Federal legislation includes the previously mentioned Toxic Sub other effects, some poorly understood, - In connection with possible modifica stances Control Act which provides EPA and which In the past have been regu tion of existing MTB classification cri with authorization to require pre-market lated, if at all, `primarily because of teria, tire MTB may consider partial or evaluation of new chemicals, as well ns other more easily recognized hazard full adoption of criteria, and lists of ma evaluation of some presently known ma characteristics. Such materials are re terials identified thereunder, which have terials. Although full implementation of ferred to herein as "environmental and been developed for specific purposes by this Act by EPA Is some time off, activ health effects materials." The MTB ls other agencies." This approach has been ities of EPA and industries regulated considering the development of rules to employed in this Department's definition under the Act may provide a great deal deal with the transportation of a variety of environmental and health effects materials, to incorporate a systematic approach to identification of the kinds of of etiologic agents, 49 CFR 173.386, which rely on identification of such agents by the Department of' Health, Education, and Welfare. . The EPA has proposed rules under sec of information concerning environmen tal and health effects materials. Title III of the Resources Conserva tion and Recovery Act of 1976 (Pub. L. 94-580. October 21.1976) directs the EPA hazards that might require attention, tion 311 of the federal Water Pollution Administrator to develop criteria for identification of materials that pose such Control Act (33 U.S.C. 1320 which iden identifying hazardous wastes and a list hazards, and evaluation of the appropri ateness of regulating such materials in transportation. Any such action would tify 306 materials as hazardous sub stances, based upon their toxicity to aquatic, mammalian, and plant organ of such wastes to be subject to EPA reg ulatory control. Any proposed or existing hazardous waste transportation control activities using specific packaging, label be based on Section 104 of the Hazardous isms, as well as their potential for en ing, and shipping documents are of Inter Materials" Transportation Act of 1974 tering the navigable waters of the United est in the MTB's evaluation of environ (Pub. L. 93-633, 88 Stat: 2156) which States (see Appendix A). - - mental and health effects' materials. authorizes the' Secretary of Transporta The OSHA of the Department of La . Rfquest for Comment tion to designate as a hazardous mate bor has published a list of materials It To assist the MTB In Its examination rial any material the transportation of considers to be human carcinogens (see of the possible, need for further idcntl- - FEDERAL REGISTER, VOL 41, NO. 238--THURSDAY, DECEMBER 9, 1976 . 'V KMX 0073? PROPOSED RUIES t)on and control o' environmental and health i-fli-crts materials moving in : oir.meree, comments on the following < .ihiK ts would be useful: 1. Whether or not additional regula- :iun of environmental and health effects rr.a'.vrials in transportation is needed and wliy. Jf .so. 2. v/hat sort of human health effects ibould be considered. 3. What'sort of environmental efTecLs K.uld be considered. What criteria should be used to as- i.'.ain effects and identify materials. ":.e M7T3 is concerned that duplication i research efforts carried out by other .encies be avoided as far as possible r-d is interested in the suitability of con- :Strir>e lists of materials identified by . flier agencies as having adverse en- ::oilmental or health effects. . 5. Whether modifications to existing -`OT hazardous material classifications. r establishment of new classes, would ;st accommodate (he identified en- * Program Plan f If rulemaking is determined appro priate. under this docket, the MTB may consider a limited revision of tlic hazard classification; develop a list of sub common Kami--continued Ammonium t.blocyhimVe Ammonium Ihlosulfate Antimony ;>o1 nxslum Endrln Ethlon Ethylrnedlainlnc- tctrmaertlc acid Aluminum fluoride stances; and provide a discussion for the Urlrale* Ammonium -. basis of their selection. In addition, this effort may include consideration of regu latory requirements pertaining to com munications, packaging, handling, and personnel training. . The MTB will be reviewing any com Antimony trlbromfde Ar.tlmoijj tririuorlde Antimony trloxlde Arsenic disulfide Arsenic insulfide - Benzoic acid' BruzonJtrlle ., bl fluoride* Ammonium fluoride' Sodium blfluorido Sodium fluoride* Stannous fluoride Fumarie acid Guthlon ' ments received to answer questions out Beryllium chloride Htplachlor lined above and with a view to establish ing selection criteria and rationale whic h would indicate specifically: (a) What types of toxicological data are meaning ful; (b) in what context should these data be used; and (c) what degree of risk Beryllium fluoride Beryllium nitrate Cadmium acetate Cadmium bromide Cadmium chloride Calcium hydroxide Calcium oxide* ' Jlydroxvlamlnc Ferric ammonium citrate Ferric ammonium oxalate Ferric rblorlde* Ferric fluoride may be viewed as acceptable under what Cap*, an ' Ferric nitrate given conditions. Certain testing require Carbary) ments may be established by the MTB to Chlordane. ' address; (a) The potential threat of a material; and (b) biological the prob Chloroform* ' Ammonium chro mate Ferric sulfate Ferrous ammolum sulfate Ferrous chloride Ferrous sulfate i-on.mental and health effects materials. able occurrence of that threat during Calcium chromate Kelthane 6. What sort of transportation con- transportation.-- ' ." Chromic acetate Lead acetate _i's may be needed for identified en- The materials included in the TPA ::onmental and health efTects materials, Hazardous Substances List and the li-senlly available controls include ^ecification of the physical containment OSHA list of carcinogenic chemicals, which are not presently regulated by the ecessary for transportation of a ha- MTB in the Code of Federal Regulations, Chromic sulfate Chromous chloride Lithium bichromate I.lthlum chromate Potassium chromate Sodium bichromate Lead fluoborate - Lead fluoride Lead Iodide Lead stearate Lead sulfide ' Lead tetraacetate i-dous material, as well as systems to Title <9, are contained in Appendix A and Sodium chromate Lead thiocyanate isure adequate communication of intrmation on the material and its hazrds to persons handling the material r.ile It is in transportation or in storage cidenlal to transportation and to per-, rns responding to an emergency. Degree B of this advance notice. These lists are provided as example lists of materials only and interested parties may wish to include in their comments specific refer ence to these listed materials as appro priate. .- _ - .- Strontium chromate Zinc bichromate . Cobaltous bromide Ccibaltous fluoride Cobaltous formate Clbattoun r.ulfamate Cupric acetate Lead thiosulfate Lead tungstate Lindane* . Mslathlon* . Maleic scld Maleic anhydride * Mercuric nitrate ' . control generally reflects the intensity If sufficient interest 'is expressed in Cupric chloride* ' - . MetboxyChlor - : a given hazard. Should packaging con- comments, an informal hearing on this pis be necessary, performance stand-. subject will be held in Washington,JD.C., -ds rather than specification standards no earlier than February .7, 1977.' The ay be considered. . - time, location, and agenda of the hear 1. With regard to hazardous waste, ing. if required, will be published in the r.at classification system may be used Federal Recjster. . ,,. - . Cupric formate Cupric glyclnate Cupric lactate . Cupric nitrate Cupric oxalate Cupric r.uhacctale Cupric sulfate - Mevlnphoa - Naled ; Naphthenic acid ' Niche) ammonium sulfate Nickel formate Nickel hydroxide . ' , < clearly identify mixtures as opposed to (49U.S.C. 1803,1804.1808; 49CFR 1.53 Cupric sulfate, Nickel nitrate _ r.gle compound materials; what pack (e) and paragraph (a)<4> of Appendix ings may be appropriate for transpor- A to Part 102) . .- .ion; and how existing transportation .cumenlation can be used to cover snspoft of hazardous' wastes from tire r.erator (shipper) to the disposer c-nsignee). 1. Should new or additional transpor- - Issued in Washington, D.C., on Decem ber 6.1976. . Dr. C. H. Thompson. Acting Director, Office of Haz ardous Materials Operations. ..on controls be necessary, what the Appendix A--U.S. Environmental Protection- .pact on affected industries may be, Agenct Proposed Hazardous Scfstakces .d what a reasonable implementation j[40 FR 59960--December"30, 1975) .-.edule would be. The_ MTB is specifi-i MATERIALS NOT SPEdFEED 8T TJ.S. DOT AS cm iiy concerned with' avoiding costs - .* .-_ 112.101 . ,:ch are not essential to the mainte- :.ce of transportation safety, and ob.r,ing cost data to determine whether Note: "Means Materials not Regulated Id all Transport Modes. . inflation impact statement will be . Common name - ' - ' i.uired. . ' AdiponltrDe - Ammonium fluo- 9. Should new or additional transport Aluminum sulfate' ' borate non controls be necessary, whether the Ammonium acetate Ammonium hypo- eparation of an environmental impact Ammonium ben- . phoshlte . ammonlated' Cupric tartrate `. Cuprous bromide* ' ' Coumsphos Cresol Cj-anogen chloride f!,4.D (acid or asters) Dalspon DDT* . . Dicamba " . DlchlobenlJ ' -- Dichlone Dichlorvos v .. Dieldrin Dlqu&t ' \i Disulfolon Diuron Dodecylbenzcne- sulfonlc Held' Dodecylbenzrnesul- ' ' fonlc acid, calcium * salt . .' Dod ecy) henr.cn esul- Nickel sulfate . NHropbenol Paraformaldehyde Pentachlorephenol Polychlorinated . biphenyls j- Propyl alcohol Pyrethrtns . Quinoline * Rcso.-cIdoI Selenium oxide Sodium bisulfite* Sodium selenite - Sodium bydrosulfide Sodium hypochlorite Sodium phosphate, . dibasic - - Sodium phosphate, monobasic ' Sodium phosphate, trlbasle - Styrene . 2.4.&-T (acid) ' " 2,4,6-T jrsterc) " . iement will be required. . id. Any other matters relevant to the zoate . ' ` ' Ammonium blear- . bonate 1 - Ammonium lodtde Ammonium oxalate Ammonium penta- fonlc arid, tsopropanolamlne salt , Trlchlorfon . . -- ' TDE - t Toxaphene* . ' - * rr.tification and control in transporta- . Ammonium bisulfite borate Dodecylbcnrenesul-. TrlehlorophenoL r. of environmental and health effects ierials, or to the need therefore, in-, ding the need for uniformity in the ,-licability of such safety regulations as yht be developed under this docket to . Ammonium bromide Ammonium per- - Ammonium carba- ' sulfate . ' mate J . Ammonium all Ico- ~ Ammonium carbon fluoride - ate . . Ammonium chloride ^ Ammonium mnte _ sulfa- s:- Ammonium citrate.' Ammonium sulfite fonlc arid, sodium salt ' ,, . . . Cranium peroxide. Dranyl acetate Dodecylbcnrenesul-^ 'm Uranyl sulfate ` . fonlc acid, irleth- Vanadium pent-oxide ' anolamlne salt- Vanadyl'sulfate > . Dursban "< ' " ' Xylenol ri. '. - various modes of transportation. dibasic Ammonium tartrate Endosulfan * * Zectraa .. '..! . FEDERAL REGISTER, VOL. 41. NO. 338--THURSOAY, DECEMBER 9, 1976 KMX 00733 PROPOSED RULES 53S2 Couuoic Kami:--Cootinued lo administer the program was delegated per Automobile production of these mai tliic iwctat* tine ammonium Zinc potassium chromate by the Secretary to the Administrator of ufacturcrs Js very small. There n: the NHTSA (41 FR 25015; June 22, approximately 25 low volume manufiu chloride line borate tine bromide tine carbonate tine fluoride tine formate Hue bydrosulflte line nitrate tine phenolsul/o- Zinc atlleofluorlde Zinc culfate Zinc sulfate, mono hydrate Zirconium acetate Zirconium nitrate Zirconium potas, slum, fluoride Zirconium oxy- . 1976). Section 502(a)(1) of the Act es tablishes average fuel economy stand ards for passenger automobiles ot 18 mpg. 19 mpg, nnd 20 nipg. lor model years 1978, 1979, and 1980, respectively, and 27.5 mpg for model year 1985 and subsequent model years. Under ft new Part 623 that the NHTSA is considering hirers which cither produce passcnr.i automobiles In this country or produi them abroad nnd import them Into lb country. Together, these manufacture; produce approximately 25,000 pnsseng* automobiles annually for sale In th country and elsewhere. This is about on. quarter of one percent of all new pa; nate nhoeohlde - chloride . Zirconium sulfate proposing for addition to title 49 of the senger automobiles sold in Uiis count? Code of Federal Regulations, passenger annually. The fuel consumption of th loprNBCt B--U.B. Department or Labor automobiles would be station wagons group of passenger automobiles is slight OCCUPATIONAL SaFCTT AND HEALTH ADMIN- built on a passenger car chassis, sedans, )> more than one-quarter of one pc-icei JVR ATION- coupes, and sports cars and other motor of the consumption of the latter grout CANCtR SUSPECT Af.ENTS 129 CFR 1910.1003 through 1910.1016, except * 1910.1005) vehicles classified as passenger ears un der the National Traffic and Motor Ve hicle Safety Act of 196G (15 U.S.C. 1381 _et seq.) and implementing regulations at If the Administrator dctcnnincs, b rule, that the level of average fuel ccor. omy specified In the standard for an al Iccted mode) year is higher than Ui materials mot spectveed st dot < a cm I tj.IOi `49 CFR 571.3. The standards for passen- maximum feasible average fuel econorn Chemical Kami ' Aeetybunlaoflourene <-Nltroblpbeayl Amloodlphenyl N-Nltrosodlmethyl- Brurtdlne . amine 3,3'-Dichlorobensl- beta-Proplolactone dine (and Its salts) bls-Chloromethyl 4-Dlmethylamlno- azobenzeno alpha-Kaphthyl- amine ' ether Methyl chloro- methyl ether thylenelmlne beta-Nephthylamlne ger automobiles manufactured during the Intervening model years, 1981-1984. are required by section 502(a)(3) to be promulgated by the Administrator. The penalty for a manufacturer's violating the standard for any model year is n civil penalty equal to $5.00 for each tenth of a mile per gallon by which the average fuel economy of the manufacturer's passen ger automobiles for that model year failed to meet the standard, multiplied achievable by a low volume manufacture for its passenger automobiles to be man ufacuired In that model year, he im grant an exemption. Section 502(c' c Ihe Act provides that. In making lha determination, the Administrator shat consider: . (1) Technological feasibility; " (Z) Economic practicability; ' (3) The eJIecl of other Federal motor ve Jiicle standards on fuel economy; and " Proposed Cam cep. Hazard . by the number of those passenger auto (4) The need of the Nation to consciv (40 FR 47652--October 9, 1975) mobiles. ' Section 502(c) of the Act provides for MATERIALS MOT SPECIEIVD BT DOT 49 CFR IT:.101 exempting low volume manufacturers of asbestoi. or chrysctlle, amoslte. crocldollte, j 'passenger automobiles from Ihe stand- tremoltte anthophyllite. actlnollte | lards with which higher volume passenger (FR Doc.76-36237 Filed IS-&-76;8:45 am] 'automobile manufacturers must comply. To be eligible for an exemption, a manu facturer must produce (worldwide) fewer National Highway Traffic Safety than 10.000 passenger automobiles in a _ _ Administration model year for which an exemption is [49 CFR Part 525] . (Docket No. FE76-04; Notice 1) ` sought (an "affected model year") and fewer than 10,000 passenger automobiles In the second model year preceding the AVERAGE FUEL ECONOMY STANDARDS affected model year. - Proposed Regulations Regarding Petitions for Exemptions . This notice proposes a new regulation setting forth the requirements applicable to the submission of petitions by low vol ume manufacturers of passenger auto mobiles for exemptions from average fuel economy standards. An exemption would be available only if the otherwise applicable average fuel economy stand ard were more stringent than the maxi mum feasible average fuel economy level which the petitioning low volume manu facturer could'attain. The notice also de scribes the procedures that the National Highway Traffic Safety Administration (NHTSA) would follow in acting on the petitions. ' Background. Part A of title III of the Energy Policy and Conservation Act (Pub. L. 94-163) amended the Motor Ve hicle Information and Cost Savings Act (referred to hereafter as "the Act") by adding a new title V. That title <15 U.S.C. 2001 et scq.) requires the Secretary of Transportation to implement a program for improving the average fuel economy of new automobiles "manufactured" in Congress authorized these exemptions in apparent recognition of the special circumstances of the low volume manu facturers and the extremely minor role that these manufacturers can play in in creasing the average fuel economy of all passenger automobiles manufactured an nually. Low volume manufacture! s differ from higher volume manufacturers in several important respects. The' former group of manufacturers typically pro duces a much narrower range of model types. Thus, they are Jess able lo balance passenger automobiles with high fuel economy against passenger automobiles with low fuel economy. Further, their model types tend to be concent rated in the luxury market. Since the fuel econ omy of luxury vehicles is now generally lower than that of less expensive, vehicles, the average fuel economy of the low vol ume manufacturers is also generally low er than that of higher volume manufac turers. Finally, the low volume manufac turer is relatively limited iu his ability to make technological improvements by lim ited financial resources, small engineer ing staffs, and longer model type redesign energy. . . .If the Administrator grants an exemp tion. he must also establish an altcrna live standard for the petitioner at th level of the petitioner's maximum teas fble average fuel economy for Its passen per automobiles to be manufactured ii the affected model year. Instead of cs tabiishing a separate standard for Lhi total passenger automobile production o: each exempted .manufacturer, the Ad ministrator could cither set a .single standard or several class standards foi the passenger automobiles of aU ex empted manufacturers. ' Schedule for the Submission asd Disposition of Petitions . . .' The proposed regulation provides that manufacturers desiring to petition fo: exemptions would be required, with cer tain exceptions, to submit their petitions to this agency not less than 24 months before the beginning of the affeclcc model year. The exceptions relate to modet years 1978 and 1979. In view of the relatively limited time remaining before those model years, petitions for model year 1978 would be required to be tubmitled not less thEh 3 months before that model year and petitions for model year 1979, not less than 12 months before that model year. Comments are requested or. wheiher-the agency should have discre tion to accept late petitions and, if so. under what circumstances. No deadline would be established for the granting or denying of petitions. However, this agency anticipates that decisions on most petitions would be made not later than 18 months before the affected model the United States; i.e., produced or as cycles. . .. '. year. . . . sembled In or Imported Into the customs Although the number of low volume This proposed schedule reflects an in- territory of the United States. Authority manufacturers Is large, the total pnssenr (crpertation of section 502(c) which MOED.Al REGISTER, VOL. 41, NO. 336--THURSDAY, DECEMBER 9, 1976 KMX 00734 Page 3 determine cost impact on consumers, businesses, markets and federal, state, and local government; effect on productivity of wage earners, businesses, or government; effect on com petition, and effect on supplies of important products or services. In statement to transition team OSHA said actions have been taken to continue requirements of order by establishing agency procedures to make IIS an integral part of standards development without delaying rulemaking process. It is important to continue this sort of analysis whether the Executive Order expires or is extended, the statement noted. 7\FL-CI0 has objected to IIS requirement in standard making procedure, ("N & N" Sept. 1976). In addition to comment on inflationary impact statements, OSHA spoke to "slow rate " at which health standards have been issued commenting, "rulemaking procedures are necessarily lengthy in order to conform to the administrative procedures set forth in the Act and in order to develop an adequate record of rule making on which to promulgate each standard.'1 Paper said OSHA is actively seeking suggestions for new approaches which will more adequately address difficulties in setting new standards, especially where existing or new exposure limits are being evaluated. Problems involved in compliance with standards were also spoken to. If change in approach to standards - setting is to be made, it was advised, such "change should be made as soon as possible to avoid unwarranted investments and to fore stall loss of agency creditibility from both labor and industry over the slow rate of standards development and the unwieldly nature of the regulations." What changes in OSHA procedures and personnel may take place in new Administration remains to be seen. N.J. Report Recommends Ban of Carcinogenic Chemicals - New Jersey State Senate Commitee report issued Dec. 30 recommends legislative ban of 16 specified carcinogenic chemicals in program to reduce state cancer incidence, highest in nation. Asbestos in included on list. This is first known instance that a state has been requested by legislative committee to ban rather than regulate sus pected carcinogens. In asserting that healthy environ ment was more important than jobs, committee chairman, State Sen. John M. Skein, also said if it proved necessary to shut down industries by law to keep carcinogens out of air and water, it should be done. John Horn, Acting Commissioner of Labor and Industry for N.J., responded to report by saying outright ban on manufacture of carcinogens would have disasterous economic impact. Asbestos and Talc -- Health Research Group (HRG), a public interest organization, charged in letters dated Dec. 13 to OSHA, NIOSH and Consumer Product Safety Commission that R. T. Vanderbilt Co. succeeded in persuading OSHA to change its definition of asbestos fibers so that it would not cover talc mined bv KMX 00735 Page 4 Vanderbilt in St. Lawrence County, N. H. According to HRG, this action was taken in Nov. 1974 over objections of NIOSH. OSHA's Field Memorandum #74-92 issued Nov. 21, 1974 prescribed, in regard to tremolite and talc, that only particle samples having a 5 or more to 1 length to width ratio would be considered asbestiform or fibrous. Tremolite is in cluded with five other minerals (chrysotile, amosite, crocidolite, anthophyllite and actinolite) in OSHA definition of asbestos. Standard specifies that asbestos fiber is a particulate form of asbestos with a length-to-diameter ratio of at least 3 to 1. HRG contended that Assistant Secretary of Labor (OSHA)Morton Corn's predecessor, John Stender, allowed Vanderbilt to avoid having to comply with asbestos standard by certifying "withotit providing scientific evidence" that talc is free of asbestos, and urged OSHA to retract field memorandum and "investigate the personnel and procedures which allowed such an illegal series of events to occur and persist for so long." In Dec. 16 news conference. Corn said results of National Bureau of Standards (NBS) study are awaited to settle dispute over whether Vanderbilt's talc is subject to OSHA's asbestos standard. NBS was requested in Nov. to analyze 80 different samples of talc from various locations "so that we can tell not just Vanderbilt but all the producers which (talc) are fibrous and.-which aren't," Corn said. Results of NBS study are due . Mar. 1. KMX 00736 DOT Considering Transportation Controls for Asbestos-- Advance notice of proposed rulemaking in Federal Register, Vol. 41, Dec. 9, advises Department of Transportation (DOT) is considering whether new or additional transportation controls are necessary for certain materials whose potential release during or incident to transportation may result in an unreasonable risk to property, environment, or to human health and safety as has been determined through , exposure in workplace or environmental accumulation. Trans port of asbestos fiber is item under consideration by DOT. Comments may be submitted to Docket Section, Office of Hazardous Materials Operations, Department of Transportation, Washington, D. C. 20590 (five copies) by Mar. 14 to aid in assessment of need for developing and issuing a packaging standard for asbestos. Federal Register notice available on request. Constitutionality of OSHA -- U.S. Supreme Court heard arguments on constitutionality of OSH Act enforcement procedures on Nov. 29. Court limited its review to issue whether OSHA enforcement procedures deny employer right to jury trial as guaranteed by Seventh Amendment in civil cases. McNeill Stokes, general counsel for American Subcontractors Association, argued Seventh Amendment guarantees right of jury trial whenever a proposed government penalty exceeds $20. Solicitor General, Robert H. Bork, argued