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(NPRM). Administration, U.S 20962 Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules DEPARTMENT OF TRANSPORTATION Dockets Unit is located in room 8221 of materials. However, since non-military the Nassif Building, 400 Seventh Street explosives are potentially as hazardous Research and Special Programs SW., Washington, DC 20590-0001. The as military explosives, the USCG and Administration docket may be reviewed between the RSPA believe their safety requirements hours of 8:30 a.m. and 5 p.m., Monday should be consistent with those for 49 CFR Parts 107,171, and 176 through Friday,. except holidays. military explosives. Consequently, the [Docket No. HM-204; Notice No. 90-61 FOR FURTHER INFORMATION CONTACT: regulations regarding handling, fire, Mr. Frank K. Thompson, Office of electrical safety, stowage, segregation, RIN 2137-AA10 Marine Safety, Security, and and transport should be the same for Environmental Protection (G-MTH-1), both types of explosives. Transportation of Explosives by U.S. Coast Guard Headquarters, 2100 Further complicating the international Vessel and Miscellaneous Second Street SW., Washington, DC transport of explosives is the adoption Amendments 20593-0001, telephone (202) 267-1577; or, by most major nations of the AGENCY: Research and Special Programs Mr. Carl V. Strombom, Office of International Maritime Dangerous Administration (RSPA), DOT. Hazardous Materials Transportation, Goods (IMvDG) Code which incorporates ACTION: Notice of proposed rulemaking Research and Special Programs the United Nations (U.N.) classification (NPRM). Administration, U.S. Department of system for explosives and other Transportation, 400 7th Street SW., hazardous materials. The HMR do not SUMMARY: RSPA and the United States Washington, DC 20590-0001, telephone authorize compliance with the IMDG for Coast Guard (USCG) are proposing to (202) 366-4488. the transport of Class A and B amend existing requirements of the SUPPLEMENTARY INFORMATION: explosives; thus, a system of dual Hazardous Materials Regulations (HMR) compliance is in effect for transporters PreambleOutline pertaining to the handling, stowage, and of explosives in international commerce. transport of explosives by vessel. This I. General discussion. Currently, international shippers of notice proposes to revise provisions II. Review by sections. III. Related rulemakings. explosives by vessel must ensure that currently found in 46 CFR part 146 IV. Administrative notices. cargoes of Class A or B explosives are applicable to the carriage of military prepared, identified, and stowed to meet explosives by vessel and to consolidate I. General Discussion the HMR, or 46 CFR part 146, as them with the provisions for In a final rule issued under Docket No. applicable, to be in compliance with transporting commercial explosives by HM-112 on January 24, 1971 (41 FR U.S. regulations while in waters under vessel that are currently found in 49 CFR 15972), requirements for the transport of U.S. jurisdiction; and must concurrently part 176. hazardous materials by vessel were prepare, identify, and stow the same The purpose of this notice is to reissued under the Hazardous Materials explosive cargo in accordance with the simplify, clarify, and remove duplicative Transportation Act (HMTA) and IMDG Code to meet the regulations of requirements for the transport of relocated to 49 CFR part 176. Not the originating or destination country. explosives by vessel. RSPA has also included in the reissued regulations This rulemaking proposes to eliminate proposed minor editorial changes were provisions applying to hazardous the need for such dual compliance by intended to harmonize the modal materials transported in bulk by vessel, revising 49 CFR requirements governing requirements of part 176 applicable to found in 46 CFR chapter I, subchapters the transport of explosives by vessel to the transport of hazardous materials by D, I, 0, and N, and requirements be consistent with provisions in the vessel with the proposed changes to applying to military explosives, found in IMDG Code pertaining to the transport hazard class terminology and units of 46 CFR part 146. This notice proposes to of substances and articles of United measurement set forth in Docket HM- revise the provisions of 46 CFR part 146 Nations (U.N.) Class 1, i.e., explosives. 181. Notice 87-4 (52 FR 42772: November and incorporate them into the At its 37th session in May 1985, the 6, 1987). Docket HM-181, Notice 87-4, Hazardous Materials Regulations (HMR) International Maritime Organization's indicated these changes would be at 49 CFR part 176. Requirements (IMO) Subcommittee on the Carriage of forthcoming. concerning the carriage of hazardous Dangerous Goods initiated a complete The intended effect of this notice is to materials by bulk are not under revision of the provisions of the IMDG enhance transportation safety, make the authority of the HMTA and would Code which deal with the transport of regulations pertaining to the transport of remain in 46 CFR. Class 1 materials. After receiving explosives by vessel easier to use and Since the Second World War, vessels numerous recommendations from many enforce, and facilitate the international transporting explosives have been maritime nations, including the U.S., the transportation of hazardous materials required to comply with different revisions were finalized in 1989. The by vessel. requirements depending on the end use rewritten Class 1 provisions will enter DATES: Comments must be received on of the explosives. If a vessel is the IMDG Code and become effective 1 or before July 16, 1990. transporting military explosives, the January 1991. The revised introduction ADDRESSES: Written comments should applicable regulations are in 46 CFR and schedules for Class 1 substances be submitted to the Dockets Unit, part 146; on the other hand, if a vessel is and articles are expected to be adopted Research and Special Programs transporting explosives other than as regulations by most nations which Administration, U.S. Department of military explosives, the applicable are trading partners of the United Transportation, Washington, DC 20590- regulations are in 49 CFR part 176. One States. 0001. Comments should identify the major difference between the. In this notice, it is proposed to revise docket and notice number and should be requirements in 46 CFR and those in 49 and relocate provisions currently submitted, if possible, in five copies. If CFR is the complexity of the segregation contained in the Military Explosives confirmation of receipt of comments is rules. Historically, greater emphasis has Regulations of 46 CFR part 146, and to desired, include a self-addressed been placed on the segregation of revise existing 49 CFR requirements for stamped postcard showing the docket military explosives due to the explosives found in 49 CFR part 176, number (Le., Docket HM-204). The destructive threat posed by these subpart G. RSPA and the USCG do not Federal Register / Vol. 55, No. 98 / Monday, May 21, 1990 / Proposed Rules 20963 believe that the burden of compliance freight containers and transport vehicles 42772). Docket HM-181, Notice 87-4, on shippers or carriers would be (i.e., trucks and semitrailers). At present, proposed to revise the HMR to significantly increased by the proposed all commercial Class A explosives and incorporate features found in the United regulations because they now must nearly all military explosives may be Nations Committee of Experts' comply with very similar regulations in transported by vessel in freight Recommendations on the Transport of foreign ports, in addition to complying containers and transport vehicles only Dangerous Goods (U.N. with the HMR in U.S. ports. after specific approval for the operation Recommendations) and the Technical A second aspect of this notice, is to has been granted by the Commandant, Instructions for the Safe Transportation propose the adoption of the IMDG Code USCG. For several years, the USCG has of Dangerous Goods by Air of the system of hazardous materials authorized and controlled the movement International Civil Aviation segregation. Before July 1, 1988, the of explosives in freight containers Organization (ICAO Technical requirements for the segregation of through its approval program. During Instructions). incompatible hazardous materials in 49 this period, the USCG has gained Proposals in Docket HM-181, Notice CFR 176.83 were identical to those in the information on various safety benefits 87-4, are intended to: (1) Simplify the IMDG Code. With the 24th Amendment resulting from the use of the freight HMR, (2) reduce the volume of the however, the IMO container for the transportation of regulations, (3) promote flexibility and of the IMDG Code, (4) has adopted significant changes to its explosives; including increased cargo technological advances in packaging, segregation system. The most notable security and reduced handling of promote safety through better change allows the mixed stowage of explosives. The USCG also has packaging, (5) reduce the need for materials such as flammable liquids participated in developing the exemptions, and (6) facilitate with materials such as corrosives which international standards for freight international commerce. The proposals were formerly considered incompatible. container design and construction, and of Docket HM-181, Notice 87-4, would Also, new tables have been introduced in implementing an inspection and align the HMR with the U.N. to illustrate the separations required certification
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