[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Rules and Regulations]
[Pages 50252-50255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24124]



[[Page 50252]]

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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration

49 CFR Parts 172, 173, 174 and 179

[Docket No. HM-216; Amdt Nos. 172-148, 173-252, 174-83, 179-52 ]
RIN 2137-AC66


Transportation of Hazardous Materials by Rail; Miscellaneous 
Amendments; Response to Petitions for Reconsideration

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule; editorial revisions and response to petitions for 
reconsideration.

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SUMMARY: On June 5, 1996, RSPA published a final rule which amended the 
Hazardous Materials Regulations to incorporate a number of changes to 
rail requirements based on rulemaking petitions from industry and RSPA 
initiatives. The intended effect of the June 5, 1996 rule is to improve 
safety and reduce costs to offerors and transporters of hazardous 
materials. This final rule corrects errors in that final rule and 
responds to petitions for reconsideration.

DATES: Effective date. This final rule is effective October 1, 1996. 
The effective date for the final rule published under Docket HM-216 on 
June 5, 1996 (61 FR 28666) remains October 1, 1996.
    Compliance date. However, compliance with the regulations is 
authorized from June 30, 1996.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-8553, 
Office of Hazardous Materials Standards, Research and Special Programs 
Administration, Washington DC, 20590-0001, or James H. Rader, telephone 
(202) 632-3339, Office of Safety Assurance and Compliance, Federal 
Railroad Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 5, 1996, RSPA issued a final rule under Docket HM-216 [61 
FR 28666]. The final rule made changes to the HMR, applicable to rail 
carriers, shippers, and tank car owners and lessors, based on petitions 
for rulemaking submitted in accordance with 49 CFR 106.31 or agency 
initiative. RSPA received several petitions for reconsideration to the 
final rule concerning the voluntary compliance date of June 30, 1996, 
which allowed rail shippers and carriers to discontinue use of the 
RESIDUE placard. In a June 28, 1996 letter, RSPA denied these petitions 
for reconsideration. This letter of denial was published in the Federal 
Register on July 25, 1996 [61 FR 38643] and included a statement of 
enforcement policy by the Federal Railroad Administration (FRA).
    In addition, RSPA received several other petitions for 
reconsideration, as well as other correspondence identifying errors or 
requesting clarification. This document incorporates editorial and 
technical revisions RSPA has determined are necessary to correct or 
clarify the final rule.
    Because the amendments adopted herein clarify and relax certain 
provisions of the June 5, 1996 final rule, and impose no new regulatory 
burden on any person, notice and public procedure are unnecessary. For 
these same reasons, these amendments are being made effective on the 
same effective date of the June 5, 1996 final rule, without the usual 
30-day delay following publication.

II. Summary of Regulatory Changes Made by Section

    Listed below is a section-by-section summary of the changes.

Part 172

    Section 172.102. Special Provision B65 is revised by correcting two 
typographical errors. The ``Class DOT 105J'' reference should read 
``Class DOT 105A'' and the wording ``safety relief device'' should read 
``pressure relief device''.
    Section 172.330. On July 3, 1996, The Chemical Manufacturers 
Association's Vinyl Chloride Panel Transportation Committee (CMA-VCC) 
filed a petition for reconsideration concerning the marking of tank 
cars containing vinyl chloride. CMA-VCC claimed that revised marking 
requirements adopted under Docket HM-216 are unduly burdensome because 
they require addition of the word ``stabilized'' or ``inhibited'' as 
part of the proper shipping name marked on the tank without a 
corresponding increase in safety. Further, CMA-VCC states that the 
remarking process is costly, primarily because the cars must be removed 
from service. In some cases, entire fleets will have to be removed from 
service over the next three months in order to achieve compliance. To 
reduce the burden on the industry, CMA-VCC requests a five-year period 
to comply with the rule. This five-year period coincides with the 
regular service schedule for these cars.
    In a final rule issued December 29, 1994 under Docket HM-215A [59 
FR 67390], the proper shipping name for ``Vinyl chloride'' was amended 
to add the word ``stabilized.'' A delayed compliance period provided 
under Docket HM-215A authorizes use of either proper shipping name 
(``Vinyl chloride'' or ``Vinyl chloride, stabilized'') until October 1, 
1996. On or after that date, the word ``stabilized'' must appear as 
part of the proper shipping name. Based on pre-Docket HM-216 marking 
requirements in Sec. 173.314, after October 1, 1996, the word 
``stabilized'' would have been required to appear as part of the proper 
shipping name marking (provided such cars were marked after October 1, 
1991; see Sec. 172.302(f)).
    The Docket HM-216 notice of proposed rulemaking proposed a 
reduction in the number of proper shipping names required to be marked 
on tank cars and also proposed that only the ``key words'' of the 
proper shipping name must be marked. Based on numerous comments, 
including those from the emergency response community, opposing these 
proposed changes in marking requirements, RSPA did not reduce the 
number of proper shipping names required to be marked on tank cars, but 
consolidated existing marking requirements into Sec. 172.330. Limited 
relief was provided by adopting the proposal to require only key words 
of the proper shipping name to be marked; however, the final rule 
indicated that qualifying words, such as ``compressed,'' ``liquefied,'' 
``stabilized'' and ``inhibited'' were considered to be ``key words.''
    After further consideration, RSPA believes that certain qualifying 
words do not sufficiently enhance the effectiveness of this marking, 
and the parenthetical example in paragraph (a)(1)(ii) creates confusion 
as to which qualifying words in a proper shipping name must be 
considered ``key words.'' Consequently, RSPA is amending paragraph 
(a)(1)(ii) by removing the parenthetical wording ``(including words 
such as `stabilized', `inhibited', `compressed', or `liquefied')''. 
This change does not limit or prohibit the marking of additional words 
on a tank car. A tank car may be marked with words such as 
``liquefied'' or ``stabilized''.
    Section 172.514. In the section heading and paragraphs (a) and (b), 
the phrase ``other than a tank car'' is removed. Based on the removal 
of the ``RESIDUE'' placard in the June 5, 1996 final rule, this phrase 
is no longer necessary because placarding requirements for tank cars 
are the same as for other bulk packagings.

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Part 173

    Section 173.314. In the paragraph (c) table, in Column (3), the 
wording ``120A'' is corrected to read ``120'' for each commodity 
authorized in this tank car class.

Part 174

    Section 174.24. In Sec. 174.24, the first two sentences are revised 
to clarify that no person may accept or transport a hazardous material 
unless that person receives a shipping paper that contains the 
information required by part 172 (i.e., the proper shipping 
description, emergency response telephone number, and the shipper's 
certification). The paragraph is further clarified to state that only 
the initial carrier within the United States must receive and retain a 
copy of the offeror's certified shipping paper.
    Section 174.85. In paragraph (c), a separation requirement is 
revised to clarify that a placarded tank car may not be used to 
separate a tank car containing a residue of a hazardous material from a 
locomotive or occupied caboose. This change makes consistent the 
requirements of paragraph (c) with those contained in paragraph (d). 
(Also see the preamble discussion in the final rule [61 FR 28666, 
28670].)

Part 179

    Section 179.15. In Sec. 179.15, several editorial changes are made, 
and in paragraph (f)(1) a sentence is added to clarify that until 
October 1, 1998, a tank car must have a nonreclosing pressure relief 
device incorporating a rupture disc designed to burst at a pressure 
corresponding to the new requirements in this final rule or to the old 
requirements in effect on September 30, 1996.
    A manufacturer of safety valves and safety vents for tank cars 
opposed the pressure relief device amendment that would allow for an 
increase in the start-to-discharge pressure from 30 percent to 33 
percent of the tank burst pressure. This petitioner claimed that the 
change would reduce the level of safety by 10 percent, and that the 
change did not correspond to the ASME code as purported by RSPA. The 
petitioner further stated that the ASME code primarily deals with 
stationary pressure vessels where ``plants have maintenance departments 
that give their stationary valves tender loving care,'' and that 
``[t]ank cars, on the other hand, are frequently looked upon as someone 
else's problem and their valves and fittings are given minimum 
attention.''
    RSPA and FRA disagree. Prior to adoption of the HM-216 amendment, 
the HMR and several exemptions authorized an increase in the start-to-
discharge pressure setting on the pressure relief device for several 
commodities, such as liquefied petroleum gas and anhydrous ammonia. 
This change simply expands the requirement to all commodities, 
including those that pose less risk in transportation. Further, the 
start-to-discharge pressure setting on the pressure relief device in 
the ASME code is partly based on the physical properties of the lading 
at a reference temperature, static head, and gas padding pressure in 
the tank. Because of the ASME code's wide use in stationary storage 
tanks, cargo tanks, and IM portable tanks, RSPA proposed and adopted 
the principal code for tank cars in Docket HM-216. Accordingly, the 
start-to-discharge pressure of a pressure relief device on a tank car 
is now based on the physical properties of the lading and not solely on 
the tank specification. Since the lading, and not the tank 
specification, ``drives'' the start-to-discharge pressure setting of 
the pressure relief device, this provision is now in harmony with the 
ASME code. Furthermore, the design of a tank car must account for the 
dynamic train-action loads that are transmitted into the tank shell 
(axial compression and bending moments). As such, tank wall thickness 
is more of a function of the train-action loads as opposed to simply 
lading retention. Therefore, a direct comparison between tank cars and 
the ASME code is not totally possible, especially when comparing levels 
of safety.
    This petitioner also disagreed with RSPA and FRA's position that it 
was better to remove the disc from the vent in order to examine the 
disc for corrosion and damage. The petitioner explained that the 
construction of the disc does not allow an inspector to determine the 
condition of the disc and that removal of the disc can allow water and 
vapor to enter the tank or for pollutants to escape from the tank. 
Further, in order to disassemble the nonreclosing pressure relief 
device an offeror would have to step outside of the loading platform 
area, thus ``workers will be disinclined to take the discs out of the 
vents to look at the vacuum support side, so no inspection of the disc 
will take place.''
    RSPA and FRA disagree. The preamble discussion in Docket HM-216 
simply makes clear an offeror's responsibility--that each person who 
offers a hazardous material for transportation in a tank car must 
ensure that the ``tank car is in proper condition and safe for 
transportation.'' The provision also requires a ``careful inspection of 
the frangible [rupture] disc in non-reclosing pressure relief 
devices.'' A rupture disc failure in transportation poses a potential 
threat to human health and the environment. This threat is best 
mitigated by the careful inspection of the disc to ensure its integrity 
prior to transportation. A careful inspection does not simply mean a 
cursory look at the top of the disc; defects can and do arise in any 
material and on any surface, including the bottom side of the disc. 
Since non-reclosing pressure relief devices account for a large number 
of non-accident releases and railroad worker injuries, it simply cannot 
be argued that a partial inspection of the disc will qualify the whole 
disc for further use and help prevent such releases. Offerors must 
acknowledge that the cost of using a non-reclosing pressure relief 
device includes not just the purchase price, but also the cost of 
inspection, maintenance, and repair prior to each shipment. In cases 
where there is a concern about air and water vapors entering the tank 
or pollutants discharged from the tank, it is RSPA and FRA's opinion 
that the offeror should use a reclosing pressure relief device, as 
opposed to a nonreclosing pressure relief device that allows for the 
movement of unwanted vapors and pollutants into or out of the tank 
after disc rupture.
    Section 179.100-7. In Sec. 179.100-7, the minimum elongation 
requirements for AAR TC 128, Gr. B and ASTM A 302, Gr. B are corrected 
to read ``19'' and ``20'' respectively.
    Section 179.201-4. A manufacturer of safety valves and safety vents 
for tank cars asked RSPA to amend Sec. 179.201-4 to authorize the 
finishing of as cast internal surfaces of stainless castings prior to 
testing. Section 179.201-4 requires the use of a standard practice, 
ASTM-262, for detecting the susceptibility to intergranular attack in 
austenic stainless steels. ASTM-262 requires the surface of a test 
specimen to conform to the actual surface of the casting used in 
service. The standard further authorizes the finishing of the test 
specimen surface to remove foreign material and to obtain a standard, 
uniform finish, by polishing. As to the removal of surface 
carburization, caused by carbonaceous binders in the sand, the ASTM-262 
standard prohibits grinding and machining to remove the carburized 
surface, except in tests undertaken to demonstrate such effects.
    In 1988, this petitioner and the Association of American Railroads 
(AAR) reviewed the ASTM-262 standard as it applies to carburized 
surfaces. The review resulted in a 1988

[[Page 50254]]

amendment to Appendix M of the AAR Tank Car Manual that now allows for 
the finishing, by grinding and machining, on all surfaces prior to 
testing. Based on the recognized industry standard practice for 
detecting the susceptibility to intergranular attack in austenic 
stainless steel and these comments, RSPA is amending Sec. 179.201-4 to 
authorize finishing, by machining or grinding, prior to testing.
    Section 179.300-7. RSPA received one petition for reconsideration 
relating to the use of steels for the construction of multi-unit tank 
car tanks. The petitioner stated that the removal of steel 
specifications A285 and A515 will cause an enormous disruption to users 
of multi-unit tank car tanks and in particular to the chlorine 
industry, which uses A285 for forge welding Class DOT 106A multi-unit 
tank car tanks. The petitioner also asked RSPA to consider adding ASTM 
A516 Gr 70 to the table, since this material is often used in the 
construction of multi-unit tank car tanks under exemption (DOT-E 9157 
and DOT-E 3216). RSPA agrees that the steel specifications in 
Sec. 179.300-7 were inadvertently removed in the final rule. RSPA also 
is adding ASTM A516 Gr. 70 to the table based on comments received.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under section 3(f) of Executive Order 12866 and therefore, was not 
reviewed by the Office of Management and Budget. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034].
    The economic impact of this rule is expected to result in only 
minimal costs to certain persons subject to the HMR and may result in 
modest cost savings to a small number of persons subject to the HMR and 
to the agency. Because of the minimal economic impact of this rule, 
preparation of a regulatory impact analysis or a regulatory evaluation 
is not warranted.

B. Executive Order 12612

    The June 5, 1996 final rule, as amended herein, was analyzed in 
accordance with the principles and criteria contained in Executive 
Order 12612 (``Federalism''). Federal law expressly preempts State, 
local, and Indian tribe requirements applicable to the transportation 
of hazardous material that cover certain subjects and are not 
substantively the same as Federal requirements. 49 U.S.C. 5125(b)(1). 
These subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
pertaining to hazardous material, and requirements respecting the 
number, content, and placement of such documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    This final rule preempts State, local, or Indian tribe requirements 
concerning these subjects unless the non-Federal requirements are 
``substantively the same'' (see 49 CFR 107.202(d)) as the Federal 
requirements. RSPA lacks discretion in this area, and preparation of a 
federalism assessment is not warranted.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects, DOT must determine 
and publish in the Federal Register the effective date of Federal 
preemption. The effective date may not be earlier than the 90th day 
following the date of issuance of the final rule and not later than two 
years after the date of issuance. RSPA determined that the effective 
date of Federal preemption for these requirements in the June 5, 1996 
final rule would be October 1, 1996. The effective date of Federal 
preemption for the changes made in this final rule will be December 24, 
1996.

C. Regulatory Flexibility Act

    This final rule responds to petitions for reconsideration and 
agency review. It is intended to make editorial and technical 
corrections, provide clarification of the regulations and relax certain 
requirements. Therefore, I certify that this final rule will not have a 
significant economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule.

E. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 179

    Hazardous materials transportation, Incorporation by reference, 
Railroad safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 49 CFR parts 172, 173, 174 and 
179 are amended as follows:

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
TRAINING REQUIREMENTS

    1. The authority citation for Part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 172.102  [Amended]

    2. In Sec. 172.102, in paragraph (c)(3), for Special Provision B65, 
as amended at 61 FR 28675, effective October 1, 1996, the wording 
``Class 105J'' is revised to read ``Class 105A'' and the wording 
``safety relief device'' is revised to read ``pressure relief device''.


Sec. 172.330  [Amended]

    3. In Sec. 172.330, in paragraph (a)(1)(ii), as revised at 61 FR 
28676, effective October 1, 1996, the wording ``(including words such 
as `stabilized', `inhibited', `compressed', or `liquefied')'' is 
removed.


Sec. 172.514  [Amended]

    4. In Sec. 172.514, the following changes are made:
    a. In the section heading, the wording ``other than tank cars'' is 
removed.

[[Page 50255]]

    b. In paragraph (a) and paragraph (b) introductory text, the 
wording ``, other than a tank car,'' is removed each place it appears.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    5. The authority citation for Part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.


Sec. 173.314  [Amended]

    6. In Sec. 173.314, in the paragraph (c) table, as amended at 61 FR 
28677, effective October 1, 1996, in Column 3, the wording ``120A'' is 
revised to read ``120'' each place it appears.

PART 174--CARRIAGE BY RAIL

    7. The authority citation for Part 174 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    8. In Sec. 174.24, as revised at 61 FR 28677, effective October 1, 
1996, the first two sentences are revised to read as follows:


Sec. 174.24  Shipping papers.

    A person may not accept or transport a hazardous material by rail 
unless that person receives a shipping paper that properly conveys the 
information required by part 172 of this subchapter. Only an initial 
carrier within the United States must receive and retain a copy of the 
shipper's certification as required by Sec. 172.204 of this subchapter. 
* * *


Sec. 174.85  [Amended]

    9. In Sec. 174.85, in paragraph (c), as revised at 61 FR 28678, 
effective October 1, 1996, the wording ``non-placarded rail car'' is 
revised to read ``rail car other than a placarded tank car''.

PART 179--SPECIFICATIONS FOR TANK CARS

    10. The authority citation for Part 179 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    11. In Sec. 179.15, as added at 61 FR 28678, effective October 1, 
1996, paragraph (f)(1) is revised to read as follows:


Sec. 179.15  Pressure relief devices.

* * * * *
    (f) * * *
    (1) Until October 1, 1998, a nonreclosing pressure relief device 
must incorporate a rupture disc designed to burst at a pressure no less 
than 100% of the tank test pressure but no more than 33% of the tank 
burst pressure. After that date, a nonreclosing pressure relief device 
must incorporate a rupture disc designed to burst at 33% of the tank 
burst pressure.
* * * * *


Sec. 179.15  [Amended]

    12. In addition, in Sec. 179.15, the following changes are made:
    a. In the introductory text, the wording ``pressure relief system'' 
is revised to read ``pressure relief device, made of material 
compatible with the lading,''.
    b. In the paragraph (b) heading, the word ``valves'' is revised to 
read ``devices''.
    c. In paragraph (b)(2)(i), the wording ``start-to-discharge 
pressure'' is revised to read ``start-to-discharge pressure of a 
pressure relief device''.
    d. In the paragraph (c) heading, the word ``systems'' is revised to 
read ``devices''.
    e. In paragraph (e) introductory text, at the end of the first 
sentence, the wording ``nonreclosing pressure relief valve'' is revised 
to read ``reclosing pressure relief valve''.


Sec. 179.100-7  [Amended]

    13. In Sec. 179.100-7, in the paragraph (a) table, as revised at 61 
FR 28679, effective October 1, 1996, the following changes are made:
    a. In the first entry, ``AAR TC128, Gr. B'', in the third column, 
the entry ``20'' is revised to read ``19''.
    b. In the second entry, ``ASTM A 302, Gr. B'', in the third column, 
the entry ``19'' is revised to read ``20''.


Sec. 179.201-4  [Amended]

    14. In Sec. 179.201-4, as amended at 61 FR 28681, effective October 
1, 1996, at the end of the paragraph, the wording ``ASTM Specification 
A 262'' is revised to read ``ASTM Specification A 262, except that when 
preparing the specimen for testing the carburized surface may be 
finished by grinding or machining''.
    15. In Sec. 179.300-7, as amended at 61 FR 28682, effective October 
1, 1996, in the paragraph (a) table, the following entries are added in 
numerical order to read as follows:


Sec. 179.300-7  Materials.

    (a) * * *

------------------------------------------------------------------------
                                                           Elongation in
                                               Tensile       2 inches   
                                              strength       (percent)  
              Specifications                (psi) welded      welded    
                                              condition    condition \1\
                                                 \1\      (longitudinal)
                                              (minimum)      (minimum)  
------------------------------------------------------------------------
                  *        *        *        *        *                 
ASTM A285 Gr. A...........................      45,000             29   
ASTM A285 Gr. B...........................      50,000             20   
ASTM A285 Gr. C...........................      55,000             20   
ASTM A515 Gr. 65..........................      65,000             20   
ASTM A515 Gr. 70..........................      70,000             20   
ASTM A516 Gr. 70..........................      70,000            20    
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *
    Issued in Washington, DC on September 16, 1996, under authority 
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-24124 Filed 9-24-96; 8:45 am]
BILLING CODE 4910-60-P