[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Proposed Rules]
[Pages 42765-42769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16535]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, and 173

[Docket No. PHMSA-2008-0182]


Petitions for Interim Standards for Rail Tank Cars Used to 
Transport Toxic-by-Inhalation Hazard Materials

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

ACTION: Notice of petitions for rulemaking.

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SUMMARY: This document solicits comments on the merits of two petitions 
for rulemaking filed with PHMSA seeking promulgation of an interim 
standard for railroad tank cars used to transport toxic by inhalation 
hazard (TIH) materials. One petition was filed jointly by the American 
Chemistry Council, American Short Line and Regional Railroad 
Association, Association of American Railroads, Chlorine Institute, and 
Railway Supply Institute, and a second petition was filed by The 
Fertilizer Institute.

DATES: Comments must be received by August 22, 2008.

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-08-0182 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590, 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 at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: William Schoonover, (202) 493-6229, 
Office of Safety Assurance and Compliance, Federal Railroad 
Administration; Lucinda Henriksen, (202) 493-1345, Office of Chief 
Counsel,

[[Page 42766]]

Federal Railroad Administration; or Michael Stevens, (202) 366-8553, 
Office of Hazardous Materials Standards, Pipeline and Hazardous 
Materials Safety Administration.

SUPPLEMENTARY INFORMATION:

A. Background

    By notice of proposed rulemaking (NPRM) published April 1, 2008, 
under Docket No. FRA-2006-25169 (HM-246) (73 FR 17818-65), the U.S. 
Department of Transportation (DOT) through the Pipeline and Hazardous 
Materials Safety Administration (PHMSA) and Federal Railroad 
Administration (FRA), proposed regulations to improve the 
crashworthiness protection of tank cars carrying toxic-by-inhalation 
hazard (TIH) materials. In addition to certain operational 
restrictions, the NPRM proposed enhanced TIH tank car performance 
standards for head and shell impacts.
    In petitions dated July 3, 2008 and July 7, 2008, the American 
Chemistry Council, American Short Line and Regional Railroad 
Association, Association of American Railroads, Chlorine Institute, and 
Railway Supply Institute (collectively, the Petitioner Group) and The 
Fertilizer Institute (TFI), respectively, have requested that the 
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) be amended 
to authorize interim standards for tank cars transporting TIIH 
materials. Both petitions suggest that the interim standards would be 
effective until such time as PHMSA and FRA adopt enhanced performance 
standards for TIH tank cars. The Petitioner Group and TFI petitions 
were received and acknowledged by PHMSA and assigned petition numbers 
P-1525 and P-1524, respectively, under Docket No. PHMSA-2008-0182.
    This document is issued to obtain comments on the merits of the 
petitions and to assist PHMSA in making a decision of whether to 
proceed to issue a rule responding to the petitions under the ongoing 
HM-246 tank car rulemaking. A complete copy of each petition is 
available in the docket for this proceeding. For convenience, the text 
of the petitions and accompanying tables are reprinted below.

B. Petition P-1525 Is Quoted As Follows:

    The American Chemistry Council (ACC), the American Short Line 
and Regional Railroad Association (ASLRRA), the Association of 
American Railroads (AAR), the Chlorine Institute (CI), and the 
Railway Supply Institute (RSI) (Petitioners) submit this petition to 
PHMSA to implement a new interim standard for tank cars used to 
transport TIH materials. ACC is a trade association representing 130 
member companies that account for approximately 85 percent of the 
capacity for the production of basic industrial chemicals in the 
United States. ASLRRA is an organization which represents over 450 
member railroads in the class II and class III railroad industry. 
AAR is a trade association whose membership includes freight 
railroads that operate 72 percent of the line-haul mileage, employ 
92 percent of the workers, and account for 95 percent of the freight 
revenue of all railroads in the United States. CI is a 220 member, 
not-for-profit trade association of chlor-alkali producers 
worldwide, as well as packagers, distributors, users, and suppliers 
accounting for more than 98 percent of the total chlorine production 
capacity of the U.S., Canada, and Mexico. RSI is the international 
trade association of suppliers to the nation's freight railroads and 
rail passenger systems. The RSI Tank Car Committee members include 
the major North American tank car builders and leasing companies, 
who own and lease approximately 70% of the North American tank car 
fleet.

I. Need For A New Interim Tank Car Standard

    On April 1, 2008, PHMSA published a notice of proposed 
rulemaking containing a new tank car standard for TIH materials.\1\ 
Part of that proposal was that two years after issuance of a final 
rule, newly constructed tank cars transporting TIH materials would 
be required to comply with the new standard. Five years after 
issuance of a final rule, only tank cars constructed of normalized 
steel could be used to transport TIH materials. Eight years after 
issuance of a final rule, all tank cars transporting TIH materials 
would need to be in compliance with the new standard.
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    \1\ Docket No. FRA-2006-25169, 73 Fed. Reg. 17818.
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    The proposed standard represents an innovative approach to tank 
car design. The purpose of the proposed standard is to significantly 
reduce the probability of release should a tank car be involved in 
an accident. However, the tank car industry cannot meet the standard 
today; the NPRM is truly technology-forcing.
    Petitioners strongly support PHMSA's initiative to create a new 
tank car standard that would appreciably improve the safety of TIH 
transportation. Petitioners are committed to doing their part to 
minimize the occurrence of accidents and to reduce the possibility 
of a release should an accident occur. PHMSA's effort to 
dramatically reduce the probability of a release of TIH materials 
through enhanced tank car standards is a goal shared by Petitioners.
    However, the publication of the NPRM has had two unintended 
effects. One, publication has delayed the phasing out of aging tank 
cars. Two, publication has threatened to cause a shortage of cars 
needed for the transportation of TIH materials.
    Since under the NPRM tank cars not meeting the final standard 
would have to be removed from TIH service within eight years of 
issuance of the final rule, the NPRM has had the unintended 
consequence of providing an incentive for shippers and lessors to 
stop purchasing new tank cars for TIH transportation, pending the 
issuance of the final rule. From the perspective of both shippers 
who own tank cars used to transport their TIH materials and lessors 
who lease tank cars used to transport TIH materials, investments in 
new tank cars cannot be justified unless those cars will be used for 
at least two decades. Note that under DOT regulations, tank cars 
have a service life of fifty years.\2\
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    \2\ 49 CFR 215.203.
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    Absent the NPRM, many older tank cars likely would be replaced 
by tank cars exceeding minimum DOT specifications. Unfortunately, 
because of the economic disincentive to purchase new tank cars for 
TIH transportation, those tank cars are not being replaced.
    During the meetings on the NPRM held in May, shipper after 
shipper stated that the NPRM threatened to cause a shortage of tank 
cars for TIH transportation. The shippers stated that lessors are 
reluctant to renew leases partly due to a concern that the NPRM's 
call for a dramatically new tank car design will increase their 
liability should a tank car meeting minimum PHMSA standards be 
involved in an accident.

II. An Interim Standard Based On Probability Of Release

    Petitioners have a solution to these problems. Petitioners 
propose that PHMSA promulgate an interim standard that provides for 
the construction of tank cars that significantly reduce the 
probability of release of product using existing technology and 
grandfather those cars for twenty-five years following issuance of 
the final rule. Such a standard is in the public interest for the 
following reasons:
     By authorizing the use of tank cars that exceed PHMSA 
minimum standards for a period of time exceeding the eight-year 
phase-out period suggested in the NPRM, the disincentive to replace 
minimum specification cars will be reduced.
     To the extent shippers and lessors replace older cars 
with cars less likely to release TIH in the event of an accident, 
safety will be significantly enhanced. Similarly, by reducing the 
disincentive to replace older cars with cars less likely to release 
TIH in the event of an accident, PHMSA's goal of replacing older 
cars will be realized sooner.
     By limiting the grandfather period to twenty-five 
years, instead of the normal fifty year useful life provided by DOT 
regulations, PHMSA would prevent creating an incentive to replace 
cars prematurely prior to the effective date of the final TIH 
standard to avoid, perhaps, the greater costs involved in 
constructing cars meeting the final standard.
     PHMSA will avoid the unintended consequence of creating 
a shortage of cars for the transportation of TIH materials.
     An interim standard providing for a significant 
reduction in the probability of release is consistent with PHMSA's 
objective of promulgating a new tank car standard representing a 
significant improvement over the existing minimum specifications. At 
the

[[Page 42767]]

same time, such an interim standard would reduce the commercial and 
liability concerns of lessors that are contributing to a reluctance 
to enter into new leases for TIH tank cars.

III. The Research Underlying Conditional Probability of Release

    Petitioners' proposed interim standard is based on research 
conducted by the University of Illinois at Urbana-Champaign (UIUC) 
and the RSI-AAR Railroad Tank Car Safety Research and Test Project 
(Tank Car Project). UIUC set out to analyze the ``conditional 
probability of release'' (CPR) of product should a tank car be 
involved in an accident.\3\
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    \3\ While there have been questions raised as to the extent to 
which safety is enhanced by top fittings modifications in the UIUC 
report, there is not doubt that the proposed interim tank car would 
reduce the CPR by a substantial amount and provide for improved 
accident survivability.
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    UIUC's work is based on a report assessing lading loss 
probabilities published by the Tank Car Project.\4\ The lading loss 
report is based on 6,752 cars damaged in accidents. Consequently we 
can demonstrate with confidence through the CPR method a significant 
safety improvement.
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    \4\ Railroad Tank Car Safety Research and Test Project, ``Safety 
Performance of Tank Cars in Accidents: Probabilities of Lading 
Loss'' (RA-05-02 January 2006).
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    UIUC calculated the CPR for tank cars used to transport chlorine 
and anhydrous ammonia, the 105A500W and 112J340W tank cars, 
respectively.\5\ UIUC then compared the CPR for the chlorine and 
anhydrous ammonia cars with CPRs for enhanced cars. The enhanced 
cars had thicker heads and shells and improved top fittings 
protection. In the case of chlorine, the thicker heads and shells 
were based on the 105J600W specification. For anhydrous ammonia, the 
thicker heads and shells were based on the 112J500W specification. 
Because the enhanced cars are existing DOT specification tank cars, 
the tank car database again served as the basis for the CPR 
calculation for the head and shell improvements.
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    \5\ Saat and Barkan, ``Risk Analysis of Rail Transport of 
Chlorine & Ammonia on U.S. Railroad Mainlines'' (Feb. 27, 2006).
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    The top fittings protection was based on a new top fittings 
design. The design was intended to survive potential forces exerted 
on the top fittings in a rollover accident. More specifically, the 
top fittings were designed to survive a rollover with a 9 mph linear 
velocity.

IV. Using CPR as the Basis for Improved Performance

    UIUC's research points the way to a performance improvement 
which is PHMSA's ultimate objective in its rulemaking proceeding on 
TIH tank car standards. In the case of both chlorine and anhydrous 
ammonia, the CPR improvement as calculated by UIUC is significant. 
For example, chlorine calculations show an improvement of 63 
percent, a reduction from 5 to 2 percent. For anhydrous ammonia, the 
improvement shown is 71 percent, a reduction from 8 to 2 percent.
    Consequently, Petitioners propose an interim tank car design 
with the following features:
     A design standard achieving CPR improvement from the 
head and shell through the use of higher DOT class tank cars than 
currently required by DOT regulations (See the table attached hereto 
as Exhibit 1);
     An alternative performance standard requiring CPR 
improvement equivalent or better in the head and shell as compared 
to the design standard; and
     A top fittings protection performance standard.
    The design standard would require that in lieu of 105*300W or 
112*340W tank cars, a 105J500W or 112J500W car, respectively, would 
be required, with a minimum head and shell thickness of \13/16\' and 
a full height \1/2\'' thick or equivalent head shield. A minimum 
head and shell thickness would be included to prevent a shipper from 
using a peculiar tank car that, for example, contains shell 
protection but does not contain sufficient head protection.
    Similarly, in lieu of a 105*500W car, a 105J600W car would be 
required, with a minimum head and shell thickness of \15/16\' and a 
full height \1/2\'' thick or equivalent head shield. For those 
commodities currently shipped in 105J600W cars, the minimum 
thickness would also apply, but no upgrading of the DOT class tank 
car would be required since the 600-pound car is the highest DOT 
class tank car.
    The top fittings protection standard would require a design that 
could survive a rollover with a 9 mph linear velocity, the criterion 
used in the UIUC study. Note that AAR's Tank Car Committee has 
already approved two designs meeting this standard. In addition, AAR 
understands the Chlorine Institute is developing its own top 
fittings standard that will meet the 9 mph criterion and DOT 
regulations. In order to achieve this performance, a stronger top 
fittings protection system must be permitted in lieu of the bolted-
on protective housing now mandated in the regulations. Welded 
attachment has proven to be an effective method and should be 
allowed.
    For the alternative performance standard, Petitioners propose 
that DOT use a formula requiring improvements to the head and shell 
that are at least as good, from a CPR perspective, as the designs 
standard. Petitioners propose the following formula:
    1-(CPR of tank car-CPR of minimum specification tank car) >= 
tank improvement factor for the commodity.
    The tank improvement factor is a factor that achieves a CPR 
improvement from the head and shell at least as good as the design 
specifications. The table in Exhibit 1 shows the tank improvement 
factors for TIH materials commonly transported by rail. As the table 
indicates, the tank improvement factor for a specific commodity is 
based on a particular head and shell thickness. The head and shell 
thicknesses were derived from the formula in 49 CFR 179.100-6, 
taking into account design criteria such as commodity density, gross 
rail load, outage, and car length and diameter.
    Petitioners also suggest that DOT permit use of an alternative 
methodology to demonstrate improvement equivalent to the tank 
improvement factor calculation. Of course, use of such an 
alternative would be subject to DOT approval.
    Finally, in the case of chlorine, ACC and CI have taken the 
performance criteria one step further. ACC and CI worked with UIUC 
to calculate an alternative design that would achieve the desired 
CPR improvement, 45 percent for head and shell improvements, 63 
percent including top fittings.
     The chlorine design has a 0.777 inch head, a 0.777 inch 
shell, and a 0.375 inch jacket with head shield of 0.625 inch.\6\
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    \6\ UIUC's CPR calculations assume that an equivalent level of 
safety performance can be obtained by thickening the head shield and 
jacket to compensate for equivalent reductions in thickness in the 
tank head and shell, respectively. Further technical review of the 
head shield is currently taking place to determine the appropriate 
thickness. This thickness will be between 0.625 inch and 0.859 inch.
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     This specific alternative design utilizes jacket 
material which is steel with minimum tensile strength of 70 ksi and 
minimum elongation in 2 inches of 21%.
    The calculations show that the CPR target can be met in more 
than one way. With this calculation having been made for chlorine, 
Petitioners also propose that this alternative specification 
specifically be included in the interim standard.

V. Proposed Regulatory Language

    [Petitioners propose specific amendments to 49 CFR parts 171, 172, 
and 173. The proposed amendments would address definitions, entries in 
the Hazardous Materials Table, and tank car authorizations for TIH 
materials. The complete petition may be reviewed by accessing the 
docket identified at the beginning of this document.]

                                                     Table I
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                                                                                    Tank           Conditional
            Commodity name                   DOT minimum  specification          improvement     probability of
                                                                                factor (TIF)         release
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Acetone Cyanohydrin, Stabilized.......  105J500W............................              0.67            0.0855
Acrolein..............................  105J600W............................              0.80            0.0419

[[Page 42768]]

 
Allyl Alcohol.........................  105J500W............................              0.67            0.0855
Ammonia, Anhydrous....................  105J500W............................              0.69            0.0855
Bromine...............................  105J500W............................              0.68            0.1028
Chlorine..............................  105J600W............................              0.69            0.0509
Chloropicrin..........................  105J500W............................              0.56            0.0855
Chlorosulfonic Acid...................  105J500W............................              0.56            0.0855
Dimethyl Sulfate......................  105J500W............................              0.57            0.0855
Dinitrogen Tetroxide..................  105J500W............................              0.57            0.0855
Ethyl Chloroformate...................   105J500W...........................              0.57            0.0855
Ethylene Oxide........................  105J500W............................              0.67            0.0855
Hexachlorocyclopentadiene.............  105J500W............................              0.68            0.1028
Hydrogen Chloride, Refrig. Liquid.....   105J600W...........................  ................            0.0284
Hydrogen Cyanide, Stabilized..........  105J600W............................              0.80            0.0419
Hydrogen Fluoride, Anhydrous..........  105J500W............................              0.63            0.0809
Hydrogen Sulfide......................  105J600W............................  ................            0.0299
Methyl Bromide........................  105J500W............................              0.56            0.0855
Methyl Mercaptan......................  105J500W............................              0.67            0.0855
Nitrosyl Chloride.....................  105J500W............................              0.57            0.0855
Phosphorus Trichloride................  105J500W............................              0.57            0.0855
Sulfur Dioxide........................   105J500W...........................              0.57            0.0855
Sulfur Trioxide, Stabilized...........  105J500W............................              0.56            0.0855
Sulfuric Acid, Fuming.................  105J500W............................              0.51            0.0802
Titanium Tetrachloride................  105J500W............................              0.56            0.0855
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                                                                                            Exhibit 1
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                                                 Baseline DOT tank (DOT min. or accepted DOT STD)                       DOT specification tank car used to calculate TIF
                                     -----------------------------------------------------------------------------------------------------------------------------------------------     Tank
           Commodity name                                                                 Head      Shell         Proposed DOT                                  Head        Shell    improvement
                                            Current DOT          Head shields types    thickness  thickness   specification meeting     Head shields type     thickness   thickness     factor
                                           specification                                 (in.)      (in.)              TIF                                      (in.)       (in.)       (TIF)
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Acetone Cyanohydrin, Stabilized.....  105S300W...............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8951      0.8951         0.67
Acrolein............................  105J500W...............  No....................     0.8950     0.8950   105J600W.............  Full-Height...........     1.2429      1.2429         0.80
Allyl Alcohol.......................   105S300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8951      0.8951         0.67
Ammonia, Anhydrous..................   105J300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     1.0300      0.89           0.69
Bromine.............................   105A300W..............   No...................     0.5625     0.5625   105J500W.............   Full-Height..........     0.8125      0.8125         0.68
Chlorine............................   105J500W..............   No...................     0.7870     0.7870   105J600W.............   Full-Height..........     1.1360      0.9810         0.69
Chloropicrin........................   105S300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8125      0.8125         0.56
Chlorosulfonic Acid.................   105S300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8125      0.8125         0.56
Dimethyl Sulfate....................   105S300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8179      0.8179         0.57
Dinitrogen Tetroxide................   105J300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8179      0.81798        0.57
Ethyl Chloroformate.................   105S300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8179      0.8179         0.57
Ethylene Oxide......................   105J300W..............   Full-Height..........     0.5625     0.5625   105J500W.............   Full-Height..........     0.8951      0.8951         0.67
Hexachlorocyclo-pentadiene..........   105S300W..............   No...................     0.5625     0.5625   105J500W.............   Full-Height..........     0.8125      0.8125         0.68
Hydrogen Chloride, Refrig. Liquid...   105J600W..............   Full-Height..........  .........  .........  105J600W..............  Full-Height...........  ..........  ..........  ...........
Hydrogen Cyanide, Stabilized........   105A500W..............  No....................     0.8950     0.8950   105J600W.............  Full-Height...........     1.2429      1.2429         0.80
Hydrogen Flouride, Anhydrous........  112A340W...............  No....................     0.7040     0.7040   105J500W.............  Full-Height...........     0.8951      0.8951         0.63
Hydrogen Sulfide....................  105J600W...............  No....................  .........  .........  105J600W..............  Full-Height...........  ..........  ..........  ...........
Methyl Bromide......................   105J300W..............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8125      0.8125         0.56
Methyl Mercaptan....................  105J300W...............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8951      0.8951         0.67
Nitrosyl Chloride...................   105J300W..............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8179      0.8179         0.57
Phosphorus Trichloride..............   105S300W..............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8179      0.8179         0.57
Sulfur Dioxide......................  105J300W...............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8179      0.8179         0.57
Sulfur Trioxide, Stabilized.........   105S300W..............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8125      0.8125         0.56
Sulfuric Acid, Fuming...............  105S300W...............  Full-Height...........     0.5980     0.5980   105J500W.............  Full-Height...........     0.8125      0.8125         0.51
Titanium Tetrachloride..............   105S300W..............  Full-Height...........     0.5625     0.5625   105J500W.............  Full-Height...........     0.8125      0.8125         0.56
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C. Petition P-1524 Is Quoted as Follows:

    The Fertilizer Institute (TFI) is the national trade association 
representing fertilizer producers, importers, wholesalers and 
retailers. TFI's mission is to promote and protect the fertilizer 
industry. Fertilizer nutrients provide the ``food'' plants need to 
grow, ensure there is an adequate supply of nutritious food and 
animal feed, and a bountiful supply of fiber and biofuels to help 
meet the nation's energy needs. Without fertilizer in general, and 
in particular ammonia, our nation's food and energy supply would be 
adversely affected and the world would be without forty percent of 
today's harvest.
    TFI and its anhydrous ammonia shipper members support DOT's 
efforts for enhanced safety of tank cars, and the anhydrous ammonia 
industry is committed to doing its part to minimize the occurrence 
of accidents and to reduce the probability of a release should an 
accident occur. We have been active participants in the Department 
of Transportation's (DOT) efforts prior to the April 1 issuance of 
the notice of proposed rulemaking for enhanced safety standards for 
tank cars carrying toxic-by-inhalation materials. TFI members ship 
approximately 52,000 carloads of anhydrous ammonia each year and own 
or lease over 4,000 tank cars.
    Since the issuance of the proposal, and after testimony given 
during public hearings held in May, it has become evident that there 
is much confusion and concern not only by

[[Page 42769]]

shippers of anhydrous ammonia but from car manufacturers as well. 
The timeline for compliance, the lack of focus by the Volpe Center 
on an ammonia concept car, and the action by the Association of 
American Railroads (AAR) to put into effect CPC 1187, are examples 
of the concerns raised. Our specific concerns were detailed in 
comments submitted to the docket on June 2. In our comments we point 
out that car builders and leasing companies have not been willing to 
renew current leases due to this confusion. As a result, an 
unintentional consequence of the proposal will create a serious 
shortage of cars needed in the near future for anhydrous ammonia. 
Unless this situation is addressed, it could result in a switch to 
truck or business interruptions.
    TFI has reviewed the petition for an interim standard for tank 
cars used to transport toxic-by-inhalation (TIH) materials submitted 
by the American Chemistry Council, American Short Line and Regional 
Railroad Association, Association of American Railroads, The 
Chlorine Institute and the Railway Supply Institute.
    TFI supports an interim standard for tank cars and many aspects 
of the petition filed by the above associations. However, since 
attempts to include stipulations for an interim anhydrous ammonia 
tank car could not be agreed to by some of the associations above, 
TFI submits this petition for an interim tank car standard for 
anhydrous ammonia to DOT for consideration.

The Current Anhydrous Ammonia Tank Car

    The ammonia industry has specific reasons for requesting an 
accommodation for the current 112J340W car:
     Making an accommodation will also allow more time for 
infrastructure upgrades to handle the eventual 286,000 pound car. 
Without an appropriate phase-in schedule, there could be serious 
business interruptions in the marketplace or a switch to truck 
transportation.
     The 112J340W cars in ammonia service are on average 
only 10-12 years old. Without an extended life, there will be 
reluctance for these car companies to remain in the ammonia market. 
Some leasing companies have already indicated that they will not 
renew leases upon expiration of the current lease agreements for the 
112J340W ammonia tank cars due, in part, to uncertainties 
surrounding this NPRM. This could cause a shortage of ammonia cars 
available for lease and force ammonia shippers to find alternate 
sources of transportation.
     The tank cars involved in the Minot, N.D. accident were 
105J300W non-normalized cars with half head shields welded to the 
jacket, tank and head thickness of .5625, and equipped with F double 
shelf couplers. The typical 112J340W car, the current ammonia car, 
built since 1989 has improved TC-128B normalized steel 
specifications that include in excess of .608 heads and shells that 
proved themselves in the Minot derailment. In response to the Minot 
derailment, ammonia shippers voluntarily modernized their fleet of 
ammonia tank cars, swapping out non-normalized steel cars (pre-1989 
built) for normalized steel cars (post-1989 built). Ammonia shippers 
have already spent considerable effort to change out their fleet 
from the pre-1989 built car to the current 112J340W. These shippers 
had the understanding that this effort would be considered with the 
NPRM.

Interim Standard for Tank Cars in Anhydrous Ammonia Service

    TFI's petition requests that DOT consider the following for tank 
cars in anhydrous ammonia service as an interim standard:
     Require the retirement of all ammonia pre-1989 non-
normalized steel cars by Dec. 31, 2010;
     Authorize the use of 112J340W ammonia cars built prior 
to 2001 until Dec. 31, 2021;
     Authorize the use of 112J340W ammonia cars built after 
2001 for a life of 20 years; and
     Authorize the use of an 112J400 pound car enhanced with 
a thicker jacket for ammonia service beginning Jan. 1, 2009, with a 
25 year service life from the date of the final ruling.

Summary

    In conclusion, the TFI suggests that the following timeline 
concerning the design of anhydrous ammonia cars be considered:

------------------------------------------------------------------------
      Car type          Date car can be built         Service life
------------------------------------------------------------------------
Pre-1989............  Not in production.......  Until December 31, 2010.
340.................  Until Jan. 1, 2009......  Pre-2001 built: To
                                                 December 31, 2021.
                                                Post-2001 built: 20
                                                 years from built date.
400/500.............  Jan. 1, 2009 until DOT    25 years from date of
                       final rule.               DOT final rule.
DOT.................  Effective date of final   Full life.
                       rule.
------------------------------------------------------------------------

    Ammonia shippers are voluntarily removing pre-1989 non-
normalized steel cars from their fleet and this has come at 
considerable expense. The current 112J340W car has a full head 
shield and the ammonia industry has voluntarily implemented a five 
year, rather than ten year mandated, requalification test schedule.
    This overall plan is reasonable, makes sound business sense and 
accomplishes the smooth transition of the ammonia car fleet. TFI and 
its ammonia shipper members respectively request approval of our 
request.

D. Purpose of the Notice

    The purpose of this Notice is to solicit comments on the merit of 
petitions for rulemaking filed by Petitioner Group and TFI. Both 
petitions request PHMSA to issue interim standards for tank cars used 
for the transportation of TIH hazard material by railroad tank car. The 
safety implications of the proposals in the petitions will be given 
careful consideration as we determine whether regulatory action is 
needed.

    Issued in Washington, DC on July 15, 2008 under authority 
delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E8-16535 Filed 7-22-08; 8:45 am]
BILLING CODE 4910-60-P