[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Notices]
[Pages 67015-67016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19413]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration


Hazardous Materials: Improving the Safety of Railroad Tank Car 
Transportation of Hazardous Materials

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of public meeting.

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SUMMARY: PHMSA and FRA are conducting a comprehensive review of design 
and operational factors that affect rail tank car safety. The two 
agencies invite interested persons to participate in a public meeting 
to address potential improvements to the design of hazardous materials 
tank cars that would enhance overall safety and security.

DATES: Public meeting: December 14, 2006, starting at 9 a.m. and ending 
at 5 p.m.

ADDRESSES: Public meeting: The meeting will be held at the Hilton 
Garden-Franklin Square Hotel, 815 14th Street, NW., Washington, DC 
20005. For information on the facilities or to request special 
accommodations at the meeting, please contact Ms. Michele M. Sampson by 
telephone or e-mail as soon as possible.
    Written Comments: Written comments, identified by Docket Number 
FRA-2006-25169, may be submitted by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Internet users may access comments 
received by DOT at. Note that comments received may be posted without 
change to http://dms.dot.gov including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Michele M. Sampson 
([email protected]), Railroad Safety Specialist, Federal Railroad 
Administration, 1120 Vermont Ave., NW., Washington, DC 20590 (202-493-
6475) or Lucinda Henriksen ([email protected]), Trial Attorney, 
Office of Chief Counsel, Federal Railroad Administration, 1120 Vermont 
Ave., NW., Washington, DC 20590 (202-493-1345).

SUPPLEMENTARY INFORMATION: The Federal hazardous materials 
transportation law (Federal hazmat law, 49 U.S.C. 5101 et seq., as 
amended by section 1711 of the Homeland Security Act of 2002, Public 
Law 107-296 and Title VII of the 2005 Safe, Accountable, Flexible and 
Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU)) 
authorizes the Secretary of the Department of Transportation (DOT) to 
``prescribe regulations for the safe transportation, including 
security, of hazardous material in intrastate, interstate, and foreign 
commerce.'' The Secretary has delegated this authority to the Pipeline 
and Hazardous Materials Safety Administration (PHMSA).
    The Secretary of Transportation also has authority over all areas 
of railroad safety (49 U.S.C. 20101 et seq.), and has delegated this 
authority to the Federal Railroad Administration (FRA). FRA has issued 
a comprehensive set of Federal regulations governing the safety of all 
facets of freight and passenger railroad operations (49 CFR parts 200-
244). FRA inspects railroads and shippers for compliance with both FRA 
regulations and Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180). FRA also conducts research and development to enhance railroad 
safety.
    On May 24, 2006, PHMSA and FRA published a notice of public meeting 
(71 FR 30019) announcing initiation of a comprehensive review of design 
and operational factors that affect the safety of railroad tank car 
transportation of hazardous materials. As indicated in the notice, 
PHMSA and FRA are utilizing a risk management approach to identify ways 
to enhance the safe transportation of hazardous materials in tank cars, 
including tank car design, manufacture, and requalification; 
operational issues such as human factors, track conditions and 
maintenance, wayside hazard detectors, and signals and train control 
systems; and emergency response. Initially, PHMSA and FRA did not 
intend for the review to consider security issues, in part because 
PHMSA and FRA have been working closely with the Transportation 
Security Administration on developing proposed regulations to enhance 
the security of rail shipments of hazardous materials. Upon further 
consideration, PHMSA and FRA have decided to slightly expand the topics 
under review to consider enhancements and improvements to railroad tank 
cars transporting hazardous materials that may enhance the security of 
these cars.
    To facilitate public involvement in this review, PHMSA and FRA held 
a public meeting on May 31 and June 1, 2006 (see 71 FR 30019). The 
primary purpose of the public meeting was to surface and prioritize 
issues relating to the safe transportation of hazardous materials by 
railroad tank car. Subsequent to the meeting, FRA

[[Page 67016]]

established a public docket (Docket No. FRA-2006-25169) to provide all 
interested parties with a central location to both send and review 
relevant information concerning the safety of railroad tank car 
transportation of hazardous materials (July 3, 2006; 71 FR 37974).
    PHMSA and FRA have scheduled a second public meeting as part of 
DOT's comprehensive review. The meeting will be held on the date 
specified in the DATES section of this document and at the location 
specified in the ADDRESSES section of this document. Although DOT's 
review includes both tank car design and operational factors that 
affect railroad tank car safety, this public meeting is intended to 
focus on the issue of potential improvements to hazardous materials 
tank cars themselves.
    PHMSA and FRA encourage all interested persons to participate in 
this meeting. The agencies intend that this meeting will provide an 
opportunity to build upon several issues raised in the initial public 
meeting. Additionally, through this meeting, the agencies intend to 
solicit any relevant comments, information, or data interested parties 
may be able to provide regarding potential enhancements or 
modifications to hazardous materials tank cars in order to improve the 
overall safety and security of hazardous materials shipments via 
railroad tank car. Although the agencies are interested in any 
comments, information, or data relevant to improving tank car design, 
manufacture, or requalification, the agencies specifically request data 
related to the following questions:
    1. What new designs, materials, or structures should DOT be 
investigating for improved accident/derailment survivability of 
hazardous materials tank cars?
    2. Regarding tank car top fittings--are there any design changes 
that would enhance the survivability of the top fittings (e.g., 
modifications to height or placement of valves or modifications to the 
protective structure that surrounds the valves)?
    3. Regarding tank car puncture resistance (including the puncture 
resistance of the head and shell of tank cars)--are there any design, 
material, or manufacturing changes that could lead to improved tank car 
puncture resistance?
    4. In addition to accident survivability, are there any other 
aspects of the tank cars (e.g., improved security of operating 
fittings, or an ability to locate cars beyond current car movement 
reporting systems), that could improve the overall safety and security 
of hazardous materials shipments via railroad tank car?
    5. In addition to accident survivability, should tank cars be 
designed to withstand other types of extraordinary events (e.g., 
ballistic attack or unauthorized access to tank car valving)?
    6. The hazardous materials regulations now include performance 
standards for coupler vertical restraint systems, pressure relief 
devices, tank-head puncture-resistance systems, thermal protection 
systems, and service equipment protection. In addition to, or instead 
of any other improvement made to future tank cars, are these standards 
adequate for future tank cars? If not, in what areas and aspects are 
improvements needed?
    7. How should PHMSA and FRA consider risk factors in determining 
whether to require tank car safety and security enhancements? For 
example, should PHMSA and FRA consider the risk of the car/commodity 
pair so that improvements would first apply to the car/commodity pairs 
considered to have the greatest risk or for which the car/commodity 
pair will benefit most from the improvement? What other risk factors 
should be considered?
    8. Would installation of bearing sensors or other on-board 
tracking/monitoring systems capable of monitoring, for example, tank 
car pressure, temperature, and safety conditions, improve the safety 
and security of hazardous materials shipments by railroad tank car? If 
so, what is the feasibility of implementing such a system on hazardous 
materials tank cars?
    9. Would installation of electronically controlled pneumatic brake 
systems on tank cars improve the safety of hazardous materials 
shipments by railroad tank car by, for example, helping to prevent 
derailments and shortening stopping distances? If so, what is the 
feasibility of implementing such brake systems on hazardous materials 
tank cars?
    Although PHMSA and FRA are specifically requesting comments in 
response to the above questions, we invite persons to comment and/or 
provide specific data on any other potential improvements to railroad 
tank cars that could lead to improving the overall safety and security 
of the transportation of hazardous materials by tank car. The agencies 
ask that commenters provide data in the most detail possible, including 
costs of design, installation, and maintenance. We also specifically 
solicit expert discussion of the issues surrounding construction of new 
tank cars and implementation of a retrofit requirement for any 
potential new requirements on the design, manufacture, or maintenance 
of existing tank cars.
    The agencies also invite interested parties who are unable to 
attend the public meeting, or who otherwise desire to submit written 
comments or data responsive to the questions raised above, to submit 
any relevant information, data, or comments to the DOT Docket 
Management System Docket Number FRA-2006-25169. Comments may be 
submitted by any method noted in the ADDRESSES section above.

    Issued in Washington, DC on November 13, 2006, under authority 
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
 [FR Doc. E6-19413 Filed 11-16-06; 8:45 am]
BILLING CODE 4910-60-P