January 22, 2001

Dr. Robert McGuire
Associate Administrator for Hazardous Materials Safety
Dockets Management System
U.S. Department of Transportation
Room PL 401
400 Seventh St., SW
Washington, DC 20590-0001

Re: DOT Docket No. RSPA 2000-7702 (HM-215D); "Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions" (Notice of proposed rulemaking published October 23, 2000)

Dear Dr. McGuire:

HMAC is an international, non-profit, educational organization devoted to promoting safety in the domestic and international transportation and handling of hazardous materials, substances and wastes. HMAC represents shippers, carriers of all modes, container manufacturers and reconditioners, emergency response and waste clean-up companies, and a variety of other companies and trade associations involved in the field of hazardous materials transportation.

Overall, HMAC believes this proposed rule to harmonize U.S. regulations with the UN Model Regulations, IMDG Code and ICAO Technical Instructions is an excellent piece of regulatory work. However, we do have some issues to bring to your attention.

Portable Tank Issues:

ICC Specification Portable Tanks - In the preamble, comments were requested on removing the provisions for these tanks. One of our members has a large inventory of ICC Specification tanks that are in regular service. Since the tanks are well maintained and in good condition, we ask that the provisions covering their use and maintenance be retained.

UN portable tanks manufactured outside the United States (173.24b(2)(iii)) - As proposed, this provision would require a tank be designed and manufactured to the ASME Code or a pressure vessel design code approved by the Associate Administrator. When a tank is built to an alternate code, it will not be readily apparent to the user whether the tank is in accordance with the code and if the Associate Administrator has approved the code. For this reason, we would suggest adding a provision making the owner/lessor of the tank responsible for ensuring it is in accordance with the code and the Associate Administrator has approved it before offering the tank for service in the United States.

DOT 60 and Coast Guard Marine Portable Tanks - We note that these two types of tanks are not addressed in the proposed rule. Since many are still in service, we suggest the tanks be authorized for continued use provided they meet the applicable periodic inspection and test requirements. This issue should be addressed in the final rule.

Remote Means of Automatic Closure for Internal Stop-Valves on UN Portable Tanks (178.274(e)(7)(iii) - This proposed provision requires both thermal and mechanical means of closure be fitted on UN portable tanks used in the United States. However, there is no requirement for a thermally activated closure in the UN Model Regulations or 30th Amendment to the IMDG Code. Previously, RSPA issued a rule that dealt with requirements for unloading of IM portable tanks while remaining on a transport vehicle. Proposed requirements in this rule would expand the concept by making a thermally activated device part of the service equipment for all UN portable tanks. This action is contrary to the spirit of harmonization and, we believe, contrary to the title assigned the HM-215 docket on harmonization with international regulations. Since IM portable tanks are used worldwide, a provision of this nature should first be introduced at the UN Committee of Experts for consideration.

Fusible Elements (178.275(g)) - Although this provision is part of the UN Model Regulations, the purpose of these elements is unclear as well as whether they are mandatory service equipment. It would be helpful to clarify this section in the final rule.

Other Comments:

Effective Date of 2001-2002 Edition of the ICAO Technical Instructions - The preamble to the rule states the effective date for this edition as January 1, 2001. ICAO has changed this date to July 1, 2001.

Proper Shipping Name of UN Number 1172 - The PSN associated with this UN Number on page 63327 is incorrect. The correct PSN should include "acetate" after "ether."

Replacement of the entry "Diesel Fuel, NA 1993" with NA 1883 - In the UN Model Regulations and the Hazardous Materials Table (HMT) there already exists the entry "Gas oil or Diesel fuel or Heating oil, light" UN 1202. This would be a much more appropriate replacement. There is presently no entry for NA 1883 in the HMT.

Elimination of the PSN "Gasohol NA 1203" - We disagree with the proposed deletion of this entry. While the entry for "Gasoline" is appropriate as a description of the product for transport, it is unsatisfactory for emergency response. Gasohol, as a blend of ethanol and gasoline, is a polar solvent that requires an alcohol foam for effective firefighting whereas fires involving gasoline can be handled with regular foam. The name "Gasohol" conveys to emergency responders that there is an alcohol component to this substance and, therefore, the correct type of foam is more likely to be used.

Reference to the Transition Provisions for Current T Codes - On page 63298, the correct reference should be 171.14(d)(4) rather than 171.14(d)(5).

Filling Density for UN 1040 Ethylene Oxide - Within the Portable Tank Instruction Table, the correct maximum filling density for this substance is 0.78 rather than 0.078.

Marine Pollutant Status of Dichlorobenzene Isomers - The substance "ortho-Dichlorobenzene" is no longer a marine pollutant. Therefore, only the following entries for dichlorobenzene should appear in Appendix B:

1,3-Dichlorobenzene
1,4-Dichlorobenzene
Dichlorobenzene (meta; para)

We appreciate the opportunity to provide these comments and hope they are useful. Please contact us should you wish to discuss them in more detail.

Sincerely,

Alan I. Roberts
President