[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Notices]
[Pages 23321-23326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09614]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 30, Notice No. 1]
Emergency Order Establishing a Maximum Operating Speed of 40 mph
in High-Threat Urban Areas for Certain Trains Transporting Large
Quantities of Class 3 Flammable Liquids
SUMMARY: FRA is issuing this Emergency Order (E.O. or Order) to require
that trains transporting large amounts of Class 3 flammable liquid
through certain highly populated areas adhere to a maximum authorized
operating speed limit. FRA has determined that public safety compels
issuance of this Order. This Order is necessary due to the recent
occurrence of railroad accidents involving trains transporting
petroleum crude oil and ethanol and the increasing reliance on
railroads to transport voluminous amounts of those hazardous materials
in recent years. Under the E.O., an affected train is one that
contains: (1) 20 or more loaded tank cars in a continuous block, or 35
or more loaded tank cars, of Class
[[Page 23322]]
3 flammable liquid; and, (2) at least one DOT Specification 111 (DOT-
111) tank car (including those built in accordance with Association of
American Railroads (AAR) Casualty Prevention Circular 1232 (CPC-1232))
loaded with a Class 3 flammable liquid. Affected trains must not exceed
40 miles per hour (mph) in high-threat urban areas (HTUAs) as defined
in 49 CFR 1580.3.
DATES: Effective Date: This Order is effective immediately. Railroads
shall immediately initiate steps to implement FRA Emergency Order No.
30. Railroads shall complete implementation no later than April 24,
2015.
FOR FURTHER INFORMATION CONTACT: Ron Hynes, Director, Office of Safety
Assurance and Compliance, Office of Railroad Safety, FRA, 1200 New
Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-6404; or,
Thomas Herrmann, Assistant Chief Counsel for Safety, Office of Chief
Counsel, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590,
telephone (202) 493-6036.
Introduction: FRA has determined that public safety compels
issuance of this E.O.. This Order sets the maximum authorized operating
speed of 40 mph for certain trains transporting large quantities of
Class 3 flammable liquids within HTUAs.\1\ FRA finds that this action
is necessary as a result of the unique risks associated with the
growing reliance on trains to transport large quantities of flammable
liquids. The risk of flammability is compounded in the context of rail
transportation because petroleum crude oil and ethanol are commonly
shipped in large blocks or single commodity unit trains. Further, the
differing tank cars currently available to transport petroleum crude
oil and ethanol in this country have varying levels of protection, with
the most commonly used tank cars having shown a propensity to puncture
or otherwise release hazardous material that catches fire in the event
of a derailment.
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\1\ HTUA is defined by the Transportation Security
Administration as ``an area comprising one or more cities and
surrounding areas include a 10-mile buffer zone, as listed in
appendix A to [part 1580].'' 49 CFR 1580.3. Appendix A to part 1580
lists the specific metropolitan areas within the United States that
are considered HTUAs.
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DOT's Pipeline and Hazardous Materials Safety Administration
(PHMSA) has developed a final rule that will contain enhanced tank car
standards for both new and existing tank cars and certain speed
restrictions. Until those standards are issued, FRA believes that
public safety dictates that an appropriate speed restriction be placed
on trains containing large quantities of flammable liquid, particularly
in areas where a derailment could cause a significant hazard of death,
personal injury, or harm to the environment and property.
Since the July 2013 derailment in Lac-M[eacute]gantic, Quebec,
Canada, which demonstrated the consequences of a railroad accident
resulting in the sudden release of flammable liquids, there have been
numerous derailments in the United States involving trains transporting
large quantities of crude oil and ethanol. Although none of these
recent derailments resulted in the tragic loss of life that occurred as
a result of the Lac-M[eacute]gantic derailment, the pattern of
derailments and resulting hazardous material releases and fires
involving tank cars transporting flammable liquids lead FRA to the
conclusion that additional action is necessary in highly populated
areas where any such derailment could result in catastrophic
consequences. This action is being taken to eliminate an unsafe
condition or practice, or a combination of such, causing an emergency
situation involving the hazard of death, personal injury, or
significant harm to the environment.
This Order applies to:
(1) Any train in the United States transporting 20 or more loaded
tank cars in a continuous block, or containing 35 or more loaded tank
cars, of Class 3 flammable liquid; and
(2) Which contains at least one DOT-111 tank car (including those
built to the CPC-1232 standard) loaded with Class 3 flammable liquid.
FRA believes that only trains transporting large quantities of
petroleum crude oil and ethanol (Class 3 flammable liquids described by
DOT's Hazardous Materials Regulations (HMR; 49 CFR parts 171 to 180))
will be affected by this Order as those are the only Class 3 flammable
liquids transported in this quantity. FRA is ordering that any affected
train adhere to a maximum authorized operating speed limit of 40 mph in
HTUAs as defined in 49 CFR 1580.3.
Authority: Authority to enforce Federal railroad safety laws has
been delegated by the Secretary of Transportation to the Administrator
of the FRA. 49 CFR 1.89. Railroads are subject to FRA's safety
jurisdiction under the Federal railroad safety laws. 49 U.S.C. 20101,
20103. FRA is authorized to issue emergency orders where an unsafe
condition or practice, or a combination therof, ``causes an emergency
situation involving a hazard of death, personal injury or significant
harm to the environment . . . .'' 49 U.S.C. 20104(a). These orders may
immediately impose ``restrictions and prohibitions . . . that may be
necessary to abate the situation.'' Id.
Background: In the last two years, DOT (including FRA and PHMSA)
has taken numerous actions to address the safe transportation by rail
of flammable liquids. Among other actions, DOT has issued three
emergency orders \2\ and several safety advisories, has reached
voluntary agreements with the railroad industry,\3\ and has undertaken
several separate rulemaking proceedings to address the transportation
and handling of trains transporting large quantities of flammable
liquids. Notably, PHMSA, in cooperation with FRA, has formulated the
final rule mentioned above that will address issues including a new HMR
tank car standard and speed limits governing the transportation of
large quantities of flammable liquids. The final rule will codify
certain proposals contained in the Notice of Proposed Rulemaking (NPRM)
in the HM-251 rulemaking proceeding (79 FR 45016, Aug. 1, 2014).\4\ The
final rule was submitted to the Office of Management and Budget (OMB)
for review pursuant to Executive Order 12866 on February 5, 2015
(http://www.reginfo.gov/public). A chronology of certain DOT actions to
address safe transportation of flammable liquids is listed on PHMSA's
Internet Web site.\5\
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\2\ DOT Emergency Restriction/Prohibition Order, Docket No. DOT-
OST-2014-0067 (May 7, 2014); DOT Amended and Restated Emergency
Restriction/Prohibition Order, Docket No. DOT-OST-2014-0025 (March
6, 2014); and, FRA Emergency Order No. 28, 78 FR 48218, Aug. 2,
2013.
\3\ http://www.dot.gov/briefing-room/letter-association-american-railroads.
\4\ http://www.gpo.gov/fdsys/pkg/FR-2014-08-01/pdf/2014-17764.pdf.
\5\ http://phmsa.dot.gov/hazmat/osd/chronology.
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Despite efforts by DOT, the railroad industry, tank car
manufacturers, and other interested parties, trains transporting large
quantities of petroleum crude oil and ethanol continue to derail in
this country. These derailments have resulted in the release of large
quantities of hazardous material and subsequent fires. In addition to
the 2013 Lac-M[eacute]gantic derailment mentioned above in which 47
people were killed, numerous derailments involving crude oil unit and
ethanol trains have occurred in this country. Three significant
accidents have occurred domestically already in 2015 in Iowa, West
Virginia, and Illinois, respectively.
2015 Accidents
The following is an overview of the circumstance surrounding the
most recent derailments involving trains
[[Page 23323]]
transporting large amounts of crude oil or ethanol that have occurred
in 2015. FRA has not definitively established the probable causes of
these accidents. Accordingly, nothing in this Order is intended to
attribute definitive causes to these accidents, or to place
responsibility for the accidents on the acts or omissions of any
specific person or entity.
On February 4, a southbound Canadian Pacific Railway Co. (CP) train
consisting of three locomotives, 1 buffer car loaded with sand, and 80
tank cars loaded with ethanol derailed near Dubuque, Iowa while
traveling approximately 24 mph. As a result there was an ethanol spill,
a fire, and at least two loaded tank cars came to rest on the frozen
Mississippi River. Legacy DOT-111 cars were among the seven cars that
released ethanol during the incident. One non-jacketed CPC-1232 car was
punctured. It is estimated that approximately 53,000 gallons of ethanol
was released as a result of the derailment.
On February 16, 2015, a CSX Transportation, Inc. (CSX) train
consisting of 109 tank cars loaded with crude oil derailed near Mt.
Carbon, West Virginia. The train was en route to a shipping terminal in
Yorktown, Virginia, and was transporting crude oil sourced from the
Bakken region (Bakken oil) and traveling at an approximate speed of 33
mph when 28 cars derailed. Two tank cars were punctured, thirteen cars
experienced catastrophic thermal tears, and two cars released crude oil
through their bottom outlet valves. Multiple fires and explosions
occurred and emergency responders established a one-half mile
evacuation zone, involving approximately 300 people. In all, the tank
cars lost a total of almost 379,000 gallons of crude oil. All of the
tank cars involved in this accident were CPC-1232 tank cars built
between 2011 and 2013 and were non-jacketed tank cars.
Most recently, on March 5, 2015, a BNSF Railway Co. (BNSF) train
consisting of 103 tank cars also loaded with Bakken crude oil derailed
near Galena, Illinois, resulting in a fire. The train was traveling at
an approximate speed of 23 mph when 21 cars derailed. Seven cars
experienced thermal tears, three cars released product through their
bottom outlet valves, and two cars released product from their top
fittings. All of the tank cars involved in this accident were
constructed to the CPC-1232 standard, and were non-jacketed. FRA notes
that no cars were punctured as a result of this derailment.
In addition to the above-described incidents, previous publicized
derailments resulting in releases of crude oil or ethanol and and/or
resulting fires have occurred with increasing frequency (e.g.,
Casselton, North Dakota; Aliceville, Alabama; Lynchburg, Virginia;
Columbus, Ohio; Cherry Valley, Illinois; Arcadia, Ohio; New Brighton,
Pennsylvania). Since February 2015, an additional three incidents have
occurred in Ontario, Canada, two of which involved trains transporting
large quantities of petroleum crude in loaded CPC-1232 tank cars that
were punctured, one of which occurred at a train speed of over 40 mph.
Some of these recent accidents listed above that occurred prior to 2015
have been the impetus for DOT regulatory actions, such as the recent
DOT emergency orders and the HM-251 rulemaking proceeding mentioned
above. Rail incidents involving crude oil have also been the subject of
several National Transportation Safety Board (NTSB) investigations and
subsequent NTSB recommendations to DOT.
Tank Cars
Traditionally, DOT-111 cars have been the primary type of tank cars
used to transport large quantities of flammable liquids such as
petroleum crude oil and ethanol in this country. Part 173 of the HMR
authorizes the DOT-111 as a permissible packaging to transport ethanol
and crude oil, as well as certain other low, medium, and high-hazard
liquids and solids. DOT-111 cars are general purpose, non-pressure
railroad tank cars. Subpart D of 49 CFR part 179 in the HMR establishes
the design requirements for DOT-111 cars. Baseline (legacy) DOT 111
tank cars have traditionally been designed to operate at a gross rail
load of 263,000 pounds, and additional tank car protections intended to
improve crashworthiness, such as head shields, jackets, and thermal
protection systems, are optional features. DOT-111 cars are required to
have a shell and head thickness of \7/16\''.
However, there have been changes in railroad operations over the
last several years that have impacted the use of DOT-111 cars to
transport flammable liquids. These changes primarily include (1)
increased DOT-111 traffic due the rapid increase in production levels
of domestic energy products such as petroleum crude oil, (2) higher in-
train forces due to the transportation of hazardous materials in tank
cars at higher gross rail loads (286,000 lbs.), and (3) the likelihood
of tank cars accumulating more miles annually. This has resulted in
tank car design modifications to accommodate these increased stresses
and to reduce the chance of a catastrophic tank car failure.
However, despite those efforts, a significant number of older,
legacy DOT-111 tank cars remain in flammable liquid service. In the HM-
251 NPRM, DOT estimated that over 50,000 such non-jacketed DOT-111 cars
(and an estimated 5,500 jacketed DOT-111 cars (79 FR 45025)) were still
being used in crude oil and ethanol service as of August 2014.\6\ FRA
is aware that the number of CPC-1232 and DOT-111 cars in crude oil
service is variable, as new cars are currently being constructed and
older cars are retired.
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\6\ Id.
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The NTSB has described DOT-111 tank cars as having ``. . . a high
incidence of failure when involved in accidents,'' \7\ and has
recommended that DOT update the design requirements for DOT-111 tank
cars, including for use in crude oil and ethanol service
specifically.\8\ The NTSB recommendations were made with the intent to
enhance the cars' performance in accidents.\9\ The forthcoming HM-251
rulemaking will address certain of these NTSB recommendations.
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\7\ Derailment of CN Freight Train U70691-18 With Subsequent
Hazardous Materials Release and Fire, Cherry Valley, Illinois June
19, 2009; NTSB Accident Report NTSB/RAR-12-01 (Feb. 14, 2012);
http://www.ntsb.gov/investigations/AccidentReports/Reports/RAR1201.pdf.
\8\ Id.
\9\ Id.
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In 2011, the rail industry, through CPC-1232, adopted a new
industry standard intended to improve the crashworthiness of newly-
constructed DOT-111 tank cars intended for use in crude oil and ethanol
service. Cars built to the CPC-1232 standard are DOT-111 cars that are
designed to operate at a gross rail load of 286,000 pounds, and include
a thicker shell and head protection (\1/2\ height head shield, \1/2\''
thick shell and head thickness), are constructed with normalized steel,
are constructed with top fittings protection, and with relief valves
having a greater flow capacity as when compared to legacy DOT-111 cars.
Additionally, some new tank cars constructed to the CPC-1232 standard
are also jacketed and equipped with insulation and/or thermal
protection. The jacket is \1/8\'' thick around the shell and \1/2\''
thick at the heads providing full-height head protection.
Based on recent railroad accidents, the risk of additional future
accidents, and the NTSB's findings that DOT-111 cars have a propensity
to fail when involved in accidents, FRA has a safety concern regarding
the continued use of a large number of DOT-111 cars to
[[Page 23324]]
transport large quantities of crude oil and ethanol, especially at
higher speeds. Under current Federal regulations and applicable
railroad industry practices, unit trains containing these older non-
jacketed DOT cars may travel in flammable liquid unit trains at up to
50 mph in this country, and at speeds of up to 40 mph in populated
urban areas under certain circumstances (as further discussed below).
FRA's safety concern also extends to the newer CPC-1232 tank cars
in light of recent incidents, especially those incidents occurring at
higher speeds. FRA notes that a total of only five tank cars were
punctured as a result of the 2015 accidents in Iowa and West Virginia.
No CPC-1232 cars were punctured as a result the Galena, Illinois
derailment, and only one CPC-1232 tank car was punctured as a result of
the 2014 Lynchburg, Virginia, derailment (23 mph). However, these
accidents indicate that the newer CPC-1232 cars will still release
hazardous material which catches fire when the cars derail.
Train Speed
Speed is a factor that may contribute to the severity of a
derailment or the derailment itself. Speeds can influence the
probability of an accident. A lower speed may allow for a brake
application to stop a train before a collision, or allow a locomotive
engineer to identify a safety problem and stop the train before an
accident or derailment occurs. Higher speeds will increase the kinetic
energy of an accident or derailment and the associated damage caused,
resulting in a greater possibility of tank cars being punctured. For
example, the unmanned train that derailed and caught fire in the Lac-
M[eacute]gantic derailment was believed to have been traveling at over
60 mph at the time of the incident, resulting in approximately 59 tank
car being breached. As explained in the HM-251 NPRM, if an accident
occurs at 40 mph instead of 50 mph, DOT expects a reduction in kinetic
energy of 36 percent. 79 FR 45046. As discussed above, the most recent
derailment in the United States near Galena, Illinois, that occurred at
23 mph resulted in no tank cars being punctured, and the 2014 Lynchburg
derailment that occurred at a similar speed only resulted in one CPC-
1232 tank car puncture.
Generally, with respect to operating speeds, FRA has developed a
system of classification that defines different track classes based on
track quality. The track classes include Class 1 through Class 9 and
``excepted track.'' See 49 CFR 213.9 and 213.307. Freight trains
transporting hazardous materials, including crude oil, operate at track
speeds associated with Class 1 through Class 5 track and, in certain
limited instances, at or below ``excepted track'' speeds (10 mph or
less up to 80 mph). However, AAR design specifications effectively
limit most freight equipment to a maximum allowable speed of 70 mph.
The HMR contain speed restrictions on railroad cars transporting loads
of certain hazardous materials, such as material poisonous-by-
inhalation. See, e.g., 49 CFR 174.86.
In addition, the rail industry, through AAR, implements a detailed
protocol on recommended operating practices for the transportation of
hazardous materials. This protocol, set forth in AAR Circular No. OT-
55-N, August 5, 2013 (Circular) \10\ includes a 50 mph maximum speed
for any ``key train.'' The Circular establishes that a key train
includes any train with 20 or more loads of ``any combination of
hazardous material.'' This definition includes trains affected by this
Order that transport large quantities of petroleum crude oil and
ethanol. In February 2014, by way of Secretary of Transportation
Anthony Foxx's letter to AAR,\11\ the major railroads in this country
voluntarily committed to a lower 40-mph speed limit for trains
containing one or more legacy DOT-111 tank cars (or one non-DOT
specification car) and transporting large quantities of crude oil
within the limits of any HTUA as defined by the regulations of the
Transportation Security Administration.
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\10\ http://www.boe.aar.com/CPC-1258%20OT-55-N%208-5-13.pdf.
\11\ http://www.dot.gov/briefing-room/letter-association-american-railroads.
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In addition, FRA is aware that the nation's second largest freight
railroad, BNSF, recently took steps to lower the speeds of key trains
in populated areas. BNSF recently amended its railroad rules to require
that key trains traveling within large municipal areas travel no more
than 35 mph, or an even lower speed and in more locations than they,
other Class I railroads, AAR, and some short line railroads committed
to in response to Secretary Foxx's February 2014 letter described
above.
PHMSA requested public comment on appropriate speed limits for
trains transporting large quantities of certain flammable liquids in
the HM-251 NPRM, and will address train speeds in the forthcoming final
rule. As discussed above, PHMSA will also address updated tank car
standards as related to the transportation of flammable liquids by
rail. However, any lowered speed requirements in the forthcoming PHMSA
rule will not be applicable until the effective date of the final rule.
In the interim, FRA believes that further action is necessary to ensure
public safety.
While FRA applauds the industry for its voluntary commitments
related to speed reductions, FRA believes that it is necessary for it
to require that the existing industry commitments be applied to all
trains carrying large quantities of Class 3 flammable liquids,
including those transporting newer CPC-1232 cars. FRA believes that
immediately lowering maximum train speeds in HTUAs to all trains
carrying large quantities of flammable liquids will help to mitigate
the potential effects of future accidents should they occur in a highly
populated area. Despite the efforts of all stakeholders, these
accidents continue to occur on a regular basis. While accidents
involving affected trains have recently occurred at speeds below 40
mph, FRA anticipates that the reduction in maximum speed for certain
trains carrying large volumes of flammable liquid in higher risk areas
based on the type of tank car being used may prevent fatalities and
other injuries and damages, and limit the amount of environmental
damage that would likely result were an accident to occur in one of
these densely populated areas. HTUA's encompass locales where, were a
derailment to occur, there is a greater chance that a catastrophic loss
of human life could occur than in other less populated areas. Further,
by limiting speeds for certain higher risk trains, FRA also hopes to
reduce in-train forces related to acceleration, braking, and slack
action that are sometimes the cause of derailments.\12\ FRA believes
these restrictions are necessary until the HM-251 final rule is issued
and becomes effective.
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\12\ See, e.g., FRA Report to the Senate Committee on Commerce,
Science and Transportation and the House Committee on Transportation
and Infrastructure: Safe Placement of Train Cars (June 2005).
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FRA's approach here is based on longstanding concerns regarding the
crashworthiness of legacy DOT-111 cars, as evidenced by NTSB and FRA
investigations of derailments involving trains consisting of large
blocks or unit trains of tank cars containing flammable liquids. A
recent FRA study, involving a tank car puncture model validated by full
scale testing was conducted at the Transportation Technology Center in
Pueblo, Colorado.\13\ The study evaluated the relative performance of a
variety of DOT-111 tank cars, including those that are the subject of
this E.O. In addition, a soon to be released report issued in March
2015 by Sharma & Associates,
[[Page 23325]]
Inc. to FRA, addressed the reduction in tank car puncture probabilities
based on changes to tank car designs or the tank car operating
environment. FRA expects to post this report to its Web site in the
near future. The report discusses the fact that tank cars are exposed
to a wide range of hazards during derailments that affect the outcomes.
It also discusses the assumption that higher derailment speeds tend to
lead to ``more cars derailing as well as higher magnitudes of forces,
and thereby, a higher probability of puncture.'' The study estimated
derailment impacts at 30, 40, and 50 mph, respectively, as applied to
tank cars equipped with varying protections. The results of the study
indicate more likely tank car punctures occur as accident speeds
increase.
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\13\ http://www.fra.dot.gov/eLib/details/L15900#p6_z50_gD;
http://www.fra.dot.gov/eLib/details/L15901#p6_z50_gD.
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Accordingly, FRA is limiting speeds for affected trains to 40 mph.
Recent accidents involving unit trains of crude oil indicate that these
legacy DOT-111 cars are prone to punctures, tears, and hazardous
material releases when involved in accidents. Newer tank cars built to
the CPC-1232 standard have more robust protections than do legacy DOT-
111 tank cars. However, recent incidents have shown that those cars
will still release hazardous material when involved in derailments.
Thus, FRA is also limiting the speed for affected trains transporting
CPC-1232 cars to 40 mph or less. While past accidents have shown that
there still may be hazardous material releases when derailments occur
at less than 40 mph, FRA believes this speed restriction will
substantially mitigate the effects of any accidents as when compared to
accidents that occur at higher speeds.
To formulate the speed limitation for certain trains, FRA balanced
the need to alleviate an emergency situation involving a hazard of
death, personal injury, or significant harm to the environment against
the impacts speed limitations may have on efficient rail transportation
in this country. An analysis of certain speed restrictions below 40 mph
indicated that such restrictions could potentially cause harmful
effects on interstate commerce, and actually increase safety risks.
Increased safety risks could occur if speed restrictions cause rail
traffic delays resulting in trains stopping on main track more often
and in trains moving into and out of sidings more often requiring more
train dispatching. Increased safety risks could also occur if shippers
offer more affected trains onto the rail network to maintain constant
inventories to offset train delays. FRA also evaluated speed
restrictions in the context of potential delays to passenger rail
service. FRA believes the restriction in this Order will address an
emergency situation while avoiding other safety impacts and harm to
interstate commerce and the flow of necessary goods to the citizens of
the United States. FRA and DOT will continue to evaluate whether
additional action with regard to train speeds is appropriate.
The speed restriction in this Order applies to trains transporting
DOT-111 and CPC-1232 cars that pose dangers in a derailment. In seeking
the appropriate approach to ensure safety, FRA has also limited this
Order's applicability to only those trains transporting large
quantities of flammable liquids. This Order will primarily apply to
unit trains only. Further, this Order would have applied to all of the
recent incidents described above involving unit trains transporting
petroleum crude oil and ethanol. This Order's threshold ensures that
FRA is focusing on the highest risk shipments and not unnecessarily
imposing safety-related burdens on lesser risks that do not represent
the same safety and environmental concerns.
Findings and Order: Due to the recently increasing volume of
petroleum crude oil, and consistently high volume of ethanol being
shipped by railroads in recent years, the numerous recent rail
accidents involving trains transporting these hazardous materials to
occur, and the subsequent releases of large quantities of crude oil
into the environment and the imminent hazard those releases present to
human life and the environment, this Order is requiring that each
railroad carrier in this country adhere to the below-described maximum
speed limit when operating certain trains containing large quantities
of Class 3 flammable liquid.
The transportation of hazardous materials by rail is extremely
safe, and the vast majority of hazardous materials shipped by rail each
year arrive at their destinations without incident. However, FRA finds
that there are gaps in the existing regulatory scheme that create an
emergency situation involving a hazard of death, personal injury, or
significant harm to the environment, with respect to the speed at which
trains transporting large quantities of certain flammable liquids are
currently operated and the crashworthiness of the tank cars being used
to transport those materials. The risks are magnified when less robust
tank cars are used to transport large quantities of flammable liquids.
As evidenced by recent accidents, even affected trains traveling at
lower speeds have accidents with a propensity to result in fires and
the release of large quantities of hazardous material.
To mitigate the effects of future accidents and to prevent others
from occurring, and pursuant to the authority of 49 U.S.C. 20104,
delegated to the FRA Administrator by the Secretary of Transportation
(49 CFR 1.89), effective immediately, this Order requires that certain
trains identified below must not exceed 40 mph while operating within
High Threat Urban Areas. This Order applies to:
(1) Any train in the United States transporting 20 or more loaded
tank cars in a continuous block, or containing 35 or more loaded tank
cars, of Class 3 flammable liquid; and
(2) Which contains at least one DOT-111 tank car (including those
built to the CPC-1232 standard) loaded with Class 3 flammable liquid.
A High Threat Urban Area is as defined by 49 CFR 1580.3. A Class 3
flammable liquid is as described by Sec. 173.120 of the HMR. A Class 3
flammable liquid includes the hazardous materials described by Sec.
172.101 of the HMR as UN 1267, petroleum crude oil, 3, PG I, II, or
III, and UN 3475, Ethanol and gasoline mixture, 3, PG II, or UN 1287,
Denatured alcohol, 3, PG II or III. For purposes of this Order, a Class
3 flammable liquid includes petroleum crude oil that might otherwise be
reclassified as a combustible liquid under Sec. 173.150 of the HMR. A
DOT-111 car means a jacketed or non-jacketed tank car built to the
specification established by subpart D of part 179 of the HMR, but not
meeting the standard established by CPC-1232. A CPC-1232 car is a
jacketed or non-jacketed DOT-111 tank car built to the CPC-1232
standard. A ``train'' for purposes of this order is as defined by 49
CFR 232.5. This Order will remain in effect until the effective date of
the HM-251 final rule (Docket No. PHMSA-2012-0082; RIN 2137-AE91).
Relief: Petitions for special approval to take actions not in
accordance with this Order may be submitted to the Associate
Administrator for Railroad Safety and Chief Safety Officer (Associate
Administrator), who is authorized to dispose of those requests without
needing to amend this Order. When reviewing any petition for special
approval, the Associate Administrator shall grant petitions only when a
petitioner has clearly articulated an alternative action that will
provide, in the Associate Administrator's judgment, at least a level of
safety equivalent to that provided by this Order. This Order will be
supplanted and terminated upon the effective date of the HM-251 final
rule (Docket No. PHMSA-2012-0082; RIN 2137-AE91).
[[Page 23326]]
Penalties: Any violation of this Order shall subject the person
committing the violation to a civil penalty of up to $105,000. 49
U.S.C. 21301. Any individual who willfully violates a prohibition
stated in this order is subject to civil penalties under 49 U.S.C.
21301. In addition, such an individual whose violation of this order
demonstrates the individual's unfitness for safety-sensitive service
may be removed from safety-sensitive service on the railroad under 49
U.S.C. 20111. FRA may, through the Attorney General, also seek
injunctive relief to enforce this order. 49 U.S.C. 20112.
Review: Opportunity for formal review of this Order 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
part 211. See 49 CFR 211.47, 211.71, 211.73, 211.75, and 211.77.
Issued in Washington, DC.
Sarah Feinberg,
Acting Administrator.
[FR Doc. 2015-09614 Filed 4-24-15; 8:45 am]
BILLING CODE 4910-06-P