[Federal Register Volume 69, Number 96 (Tuesday, May 18, 2004)]
[Notices]
[Pages 28186-28191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11143]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Emergency Order No. 23, Notice No. 2]


Clarifying Amendment to the Emergency Order To Prohibit the 
Continued Use of Certain Railroad Tank Cars Equipped With a Truck 
Bolster Bearing Either (1) Association of American Railroads (AAR) 
Identification Number B-2410 and National Castings of Mexico (NCM) 
Pattern Number 52122 or (2) AAR Identification Number B-2409 and NCM 
Pattern Number 52202

    On April 30, 2004, FRA published Emergency Order No. 23, Notice No. 
1, directing all persons, including, but not limited to owners, 
shippers, consignees, and railroads, to discontinue the loading and 
transportation of certain railroad tank cars equipped with a truck 
bolster bearing either (1) AAR identification Number B-2410 and NCM 
Pattern Number 52122 or (2) AAR Identification Number B-2409 and NCM 
Pattern Number 52202, until each of the described bolsters is removed 
from the car and replaced with a bolster of suitable design and 
manufacture. See 69 FR 23850. Information received by FRA subsequent to 
the issuance of the Emergency order compels FRA to issue this amendment 
to the Order (Notice No. 2) to clarify the identification of the tank 
cars covered by Emergency Order No. 23.

FOR FURTHER INFORMATION CONTACT: Ronald Newman, Staff Director, Motive 
Power & Equipment Division, FRA, 1120 Vermont Ave, NW., stop 25, 
Washington, DC 20590, (202) 493-6241, or Thomas Herrmann, Trial 
Attorney, Office of Chief Counsel, FRA, 1120 Vermont Ave., NW., stop 
10, Washington, DC 20590, (202) 493-6036.

Authority

    The authority for issuance of this amendment to Emergency Order No. 
23 is the same as that cited for the issuance of the original Emergency 
Order. See 69 FR23850.

Background

    FRA outlined the scope and severity of the problems associated with 
two above-noted bolster patterns in Notice No. 1 to Emergency Order No. 
23. See 69 FR 23850-51. FRA is working with the AAR, tank car builders 
and users, and the nation's railroads to resolve the problem. Previous 
efforts are memorialized in FRA Safety Advisory 2002-03 (69 FR 79686, 
December 30, 2002); FRA Safety Advisory 2003-03 (68 FR 65982, November 
24, 2003); AAR Maintenance Advisory MA-81; and a series of AAR Early 
Warning letters including EW-5191, EW-5194, EW-5195, EW-5196, and EW-
5197, and supplements to them.
    Although all parties to this effort agree that the involved 
bolsters must be replaced, the castings industry simply cannot produce 
a sufficient number of replacement truck bolsters fast enough. 
Therefore, priorities had to be established to schedule the necessary 
change-outs in a timely fashion. As discussed in Notice No. 1 to this 
Emergency Order, the AAR developed a unique risk assessment matrix to 
establish these priorities. The risk matrix included, among other 
things, factors for the manner in which the cars were loaded and, for 
tank cars, the relative danger of the hazardous material being 
transported. The results of the risk matrix divided the freight cars 
with defective bolsters into three specific groups: Group I included 
hazardous material tank cars, Group II included coal cars and mill 
gondola cars, and Group III included all other cars. See 69 FR 23851. 
For purposes of priority, hazardous material tank cars were further 
divided into three hazard-based categories: Category I included 
pressurized shipments (liquefied compressed gases) such as propane, 
anhydrous ammonia, and chlorine, Category II included flammable 
liquids, corrosives, and liquids with a poisonous hazard; and Category 
III included molten sulfur, elevated temperature materials, and the 
low-hazard Class 9 ``other regulated materials.'' Appendix A to this 
Notice displays the results of the risk matrix applied to hazardous 
materials transported in railroad tank cars and shows which commodities 
are included in each of the tree Categories. Based on the lower degree 
of hazard involved, hazardous material tank cars (Group I cars) used to 
transport Category III hazardous materials, were prioritized with the 
Group III (all other) cars.
    Information received by FRA since its issuance of Emergency Order 
No. 23, Notice No. 1, indicates that the identification of the affected 
tank cars needs to be clarified. In order to make clear the 
applicability of Emergency Order No. 23, FRA believes it is necessary 
to issue this amendment. FRA

[[Page 28187]]

intends that Emergency Order No. 23 apply to all tank cars used to 
transport hazardous materials risk-rated in Categories I and II by 
AAR's matrix, and equipped with bolsters cast in 1995, 1996, 1997, 1998 
or 1999, and bearing either (1) AAR Identification Number B-2410 and 
NCM Pattern Number 52122 or (2) AAR Identification Number B-2409 and 
NCM Pattern Number 52202. ``Tank cars'' includes DOT-, TC- (Tansport 
Canada), and AAR-Specification tank cars. Tank cars transporting 
Category III hazardous materials, tank cars transporting non-regulated 
materials, and tank cars cleaned and purged of all hazardous materials 
were not intended to be covered by Emergency Order No. 23.

Amended Finding and Order

    Based on the information contained in Emergency Order No. 23, 
Notice No. 1 (69 FR 23850), and on the information received subsequent 
to the issuance of that notice described in detail above, I continue to 
find that an emergency situation involving a hazard of death or 
personal injury exists. Consequently, I hereby direct and order that, 
except as necessary to carry out this order, no person may transport, 
offer for transportation, load, or continue in service any tank car 
used to transport hazardous materials risk-rated in Categories I and II 
by AAR's matrix and equipped with bolsters cast in 1995, 1996, 1997, 
1998, or 1999, and bearing either (1) AAR Identification Number B-2410 
and NCM Pattern Number 52122 or (2) AAR Identification Number B-2409 
and NCM Pattern Number 52202, until each of the described bolsters is 
removed from the car and replaced with a bolster of suitable design and 
manufacture. Railroads are permitted to haul such a car if necessary to 
effectuate such removal and replacement, but only to the nearest 
available location where the removal and replacement of the subject 
bolster can be made.

Relief

    This Notice No. 2 does not amend the Relief provisions contained in 
Emergency Order No. 23, Notice No. 1. See 69 FR 23851.

Penalties

    Any violation of Emergency Order No. 23 shall subject the person 
committing the violation to a civil penalty in the maximum amount set 
forth in 49 CFR part 209, Appendix A. FRA may, through the Attorney 
General, also seek injunctive relief to enforce this order as 
established by 49 U.S.C. 20112.

Effective Date and Notice to Affected Persons

    This Emergency Order No. 23 became effective on April 30, 2004 and 
applies according to its terms except as expressly amended by this 
notice. Emergency Order No. 23, Notice No. 2, will be published in the 
Federal Register and will take effect upon its issuance. A copy of 
Emergency Order No. 23, Notice No. 2, will also be sent by e-mail or 
facsimile to the AAR for distribution to its members.

Review

    Opportunity for formal review of Emergency Order No. 23 will be 
provided in accordance with 49 U.S.C. 20104(b) and 5 U.S.C. 554. 
Administrative procedures governing such review are found at 49 CFR 
211.47, 211.71, 211.73, 211.75, and 211.77.

    Issued in Washington, DC on May 11, 2004.
Allan Rutter,
Federal Railroad Administrator.
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[FR Doc. 04-11143 Filed 5-17-04; 8:45 am]
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