[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Proposed Rules]
[Pages 85590-85683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23421]
[[Page 85589]]
Vol. 89
Monday,
No. 208
October 28, 2024
Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 107, 171, 172, et al.
Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel
Transportation; Proposed Rule
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 /
Proposed Rules
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179, and 180
[Docket No. PHMSA-2018-0080 (HM-265)]
RIN 2137-AF41
Hazardous Materials: Advancing Safety of Highway, Rail, and
Vessel Transportation
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to revise the Hazardous Materials Regulations
to adopt several modal-specific amendments that would enhance the safe
transportation of hazardous materials in commerce. PHMSA, in
consultation with the Federal Motor Carrier Safety Administration, the
Federal Railroad Administration, and the United States Coast Guard,
proposes amendments identified during Departmental review and from
industry petitions for rulemaking.
DATES: Comments must be received by January 27, 2025. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2018-0080 (HM-265) by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; 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: Docket Management System; 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 (PHMSA-2018-0080) or Regulation Identifier Number (RIN)
(2137-AF41) for this rulemaking at the beginning of the comment. To
avoid duplication, please use only one of these four methods. All
comments received will be posted without change to the Federal Docket
Management System (FDMS) and will include any personal information you
provide.
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).
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments to this NPRM contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to this
NPRM, it is important that you clearly designate the submitted comments
as CBI. Please mark each page of your submission containing CBI as
``PROPIN.'' Submissions containing CBI should be sent to Eamonn
Patrick, Office of Hazardous Materials Safety, Standards and Rulemaking
Division, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590-0001. Any commentary that PHMSA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, Standards and
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. Railroad Safety Advisory Committee
B. AAR Authority To Approve the Design of Tank Cars and Quality
Assurance Programs
1. Introduction
2. Tank Car Design Approval
3. Tank Car Facility Quality Assurance Program
4. Tank Car Facility Definition
5. Tank Car Facility and Design Certifying Engineer Registration
6. AAR Specifications for Tank Cars Incorporation by Reference
7. Tank Car Linings and Coatings
8. Editorial Revision to Sec. Sec. 180.501 and 180.513
C. Cargo Tank Regulatory Amendments
D. Cargo Tank Marking for Petroleum Distillate Fuels
E. P-1712
F. P-1724
G. P-1735
III. Overview
A. Rail
B. Highway
C. Vessel
D. Multi-Modal
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866, 14094, and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Draft Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International Trade Analysis
K. National Technology Transfer and Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order 14082
N. Severability
I. Executive Summary
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
proposes to amend the requirements for the transportation of hazardous
materials set out in the Hazardous Materials Regulations (HMR) (49 Code
of Federal Regulations (CFR) parts 171 to 180) and 49 CFR part 107.
This rulemaking aims to amend provisions specific to the highway, rail,
and vessel transportation of hazardous materials.
In this notice of proposed rulemaking (NPRM), PHMSA proposes to
reform modal specific requirements in the HMR. PHMSA expects that the
adoption of these proposals will maintain or enhance the safe
transportation of hazardous materials while increasing the clarity of
the HMR, and therefore decreasing compliance burdens. The proposed
amendments also reflect changing conditions and trends that affect the
safe transportation of hazardous materials while still maintaining or
enhancing safety. The following are some of the more noteworthy
subjects covered by proposed revisions:
Rail tank car use requirements as recommended by the Rail
Safety Advisory Committee (RSAC);
[[Page 85591]]
Rail tank car and service equipment design approval
requirements;
Highway cargo tank specifications and requalification
requirements; and
Marking requirements for cargo tanks that contain multiple
petroleum distillate fuels.
In this rulemaking, PHMSA solicits comment from the public and
regulated community on these proposed amendments, specifically
pertaining to the need for, benefits, and costs of the proposed
amendments; impact on safety; public interest; and any other relevant
concerns. In its preliminary regulatory impact analysis (PRIA), PHMSA
concluded that the aggregate benefits of the proposed amendments
justify their aggregate costs. PHMSA estimates annualized net benefits
at a two percent discount rate of approximately $97.3 million per year.
Details on the estimated cost savings and benefits of this rulemakings
can be found in the PRIA, which is available in the public docket for
this rulemaking.
II. Background
The Federal Hazardous Materials Transportation Act (HMTA; 49 U.S.C.
5101 et seq.) at 49 U.S.C. 5103 gives the Secretary general authority
to issue regulations for the safe transportation of hazardous materials
in commerce. The Secretary delegates the above statutory authorities to
PHMSA at 49 CFR 1.97.
A. Railroad Safety Advisory Committee
RSAC is a Federal Advisory Committee established by the U.S.
Secretary of Transportation in accordance with the Federal Advisory
Committee Act (5 U.S.C. App. 2) to provide information, advice, and
recommendations to the Federal Railroad Administration (FRA)
Administrator on matters relating to railroad safety. In 1996, FRA
established RSAC to develop new regulatory standards, through a
collaborative process, with all segments of the rail community working
together to fashion mutually satisfactory solutions on safety
regulatory issues. PHMSA participates in RSAC when issues related to
hazardous material transportation are discussed, and participated in
the development of the proposed recommendations in this rulemaking. On
November 5, 2015, the RSAC accepted Task No. 15-04: ``Hazardous
Materials Issues,'' which assigned the Hazardous Materials Issues
Working Group (HMIWG) to consider several revisions to the HMR to
enhance the safety of hazardous materials transported by rail.\1\
Consensus-approved regulatory change proposals were developed by the
HMIWG and forwarded to the RSAC for consideration. On May 25, 2017, the
RSAC voted and approved HMIWG's consensus recommendations of changes to
the HMR (hereafter referred to as the consensus recommendations) and
submitted the suggested revisions to FRA. FRA subsequently recommended
that PHMSA initiate a rulemaking to propose and adopt the consensus
recommendations. In this rulemaking, PHMSA proposes to adopt the RSAC
consensus recommendations with some modifications. Note that not all of
the consensus recommendations are proposed as received. Rather, this
rulemaking includes some revisions to the recommendations to better fit
the construction of the HMR; to provide more appropriate amendatory
instruction to the Office of the Federal Register; and to address some
technical issues discovered during detailed review of the proposed
regulatory text that was provided in the recommendation.
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\1\ More information about the RSAC, including HMIWG meeting
minutes and other supporting documents can be found at: https://rsac.fra.dot.gov/.
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The consensus recommendations propose to make amendments to update,
clarify, or remove existing requirements that are outdated or
unnecessary. They propose the following changes, among others: (1)
require tank car facilities to apply for and receive a DOT registration
letter from PHMSA assigning a registration number prior to qualifying
tank cars for service; (2) incorporate by reference updated versions of
certain industry standards, including the Association of American
Railroads (AAR) Manual of Standards and Recommended Practices Section
C-III Specifications for Tank Cars (M-1002); and (3) revise the
requirements for One-Time Movement Approvals (OTMAs). These changes are
discussed in greater detail later in ``Section IV. Section-by-Section
Review.''
On August 27 and 28, 2013, FRA held a public meeting \2\ to invite
stakeholders and the public to participate in a comprehensive review of
part 174 of the HMR, to improve the safety of railroad transportation
of hazardous materials. Specifically, FRA sought comment on identifying
provisions of part 174--Carriage by Rail--that are outdated, unclear,
no longer necessary, present an undue economic burden on the regulated
community, are inconsistent with other North American standards and
regulations (such as those issued by the AAR and Transport Canada), do
not sufficiently address modern safety concerns, or do not sufficiently
address technological advancements and procedural changes in the
railroad operating environment. FRA included specific requests for
comment on the public meeting agenda for a review of definitions and
abbreviations (Sec. 171.8); notice to train crews (Sec. 174.24);
nonconforming or leaking packages (Sec. 174.50); packagings, cargo
tanks, and multi-unit tank car tanks in Tank-on-Flatcar (TOFC) and
Container-on-Flatcar (COFC) service (Sec. Sec. 174.61 and 174.63),
tank car unloading (Sec. 174.67); switching placarded railcars,
transport vehicles, freight containers and bulk packagings (Sec.
174.83); position of railcars (Sec. 174.85); as well as an open
discussion on part 174. In its consensus recommendations, the RSAC
addressed many of the issues identified and discussed during this
public meeting. See ``Section IV. Section-by-Section Review'' for
discussion of specific proposed changes because of the public meeting
comments and RSAC deliberations.
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\2\ Comments from various associations and members of the public
can be found at: https://www.regulations.gov/docket?D=FRA-2013-0067.
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B. AAR Authority To Approve the Design of Tank Cars and Quality
Assurance Programs
1. Introduction
The design, construction, maintenance, and qualification of tank
cars used to transport hazardous materials are complex regulatory
topics. Tank cars are the largest type of hazardous materials packaging
in use in surface transportation, and the consequence of failure during
transportation can be--and has been--catastrophic. The HMR currently
delegate tank car and service equipment design approval and tank car
facility Quality Assurance Program (QAP) approval to the AAR Tank Car
Committee (TCC). The AAR TCC is a body of representatives drawn from
the railroads, tank car shippers, and the tank car manufacturing,
maintenance, and repair industry. The AAR TCC approves tank car designs
and manages QAP approval, as well as develops its own standards for the
design and operation of tank cars. PHMSA and FRA provide regulatory
oversight to the AAR TCC approval process to ensure the committee is
operating within the HMR's purview. The process by which the AAR TCC
approves tank car and service equipment designs, materials, and
construction, and conversion or alteration, is not specified in Sec.
179.3; however, typically the committee votes on the proposed designs,
materials, and
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construction, and conversion or alteration based on AAR TCC staff
review of design drawings and/or service trial results. The approval of
QAPs is handled similarly via a vote of the AAR TCC after the facility
has been audited by AAR Bureau of Explosives auditors. Audit
scheduling, procedure, and recommendation for approval or denial is
conducted wholly at the discretion of the AAR.
The HMR require each tank car facility to maintain a QAP that meets
the requirements of Sec. 179.7, with the intent that a properly
implemented QAP will:
Ensure the qualified tank car conforms to the requirements
of the applicable specification and regulations;
Identify any defects in the tank car manufacturing,
repair, inspection, testing, and qualification or maintenance program;
and
Prevent any non-conformity from recurring.
Specifically, tank car facility QAPs must--at a minimum--address
the elements in Sec. 179.7(b)-(e), including verification of
construction materials, monitoring and control of processes, and
qualification of personnel.
PHMSA and FRA initiated a review of the current regulations in part
179--Specifications for Tank Cars--that require both tank car design
and tank car facility QAPs to be approved by the AAR TCC. Additionally,
PHMSA and FRA recognize that the scope of the definition of tank car
facility has created confusion among tank car shippers and in the tank
car manufacturing and maintenance industry. In this rulemaking, PHMSA
proposes to revise the definition of tank car facility to reduce
confusion and uncertainty in the regulated community. In conjunction
with the other rail-specific changes proposed in this rule, this change
will improve safety of rail transportation through increased awareness
of who qualifies as a tank car facility and who specifically must
comply with the HMR requirements for that facility (see ``Section
II.B.4 Tank Car Facility Definition'' for further discussion on this
issue).
PHMSA and FRA have determined that the current system requiring AAR
approval for tank car facility QAPs and tank car designs creates a
regulatory bottleneck without commensurate safety benefits for the
regulated industry. As such, PHMSA proposes revisions to the current
system to relieve confusion and increase the efficiency of the approval
process (see ``Section II.B.2 Tank Car Design Approval'' and ``Section
II.B.3 Tank Car Facility Quality Assurance Program'' for further
discussion of these issues). The proposed revisions are intended to
increase the efficiency of the tank car design and QAP approval
process, without compromising safety, by increasing governmental
oversight of regulated entities through a registration program. The
following is a brief summary of proposed changes to the approval
processes and the definition of tank car facility which PHMSA discusses
in greater detail later in this section:
A. Remove the requirement for tank car and service equipment
designs to be approved solely by the AAR TCC and replace it with a
requirement for tank car designs to be approved by a tank car Design
Certifying Engineer (DCE) registered with PHMSA. This proposed
requirement closely mirrors the process for highway cargo tank design
review and approval.
B. Remove the requirement for tank car facilities to have a QAP
approved by the AAR and replace it with a requirement for tank car
facilities to register with PHMSA, maintain a QAP, and certify that it
meets the Sec. 179.7 quality assurance program requirements.
C. Revise the definition of tank car facility to clarify that the
definition applies to facilities that qualify a tank car for service,
and to clarify what activities require qualification of a tank car.
D. Add a registration program for tank car DCEs and tank car
facilities.
E. Revise the incorporation by reference (IBR) of specific chapters
and appendices of the 2014 edition of the AAR Manual of Standards and
Recommended Practices, Section C--III, Specifications for Tank Cars,
Specification M-1002 (i.e., AAR Specifications for Tank Cars) to
correspond to the above proposals (i.e., removing the requirement to
comply with the specific sections of M-1002 that require AAR approval).
F. Revise the requirements for coating and lining inspection of
tank cars to clarify what is expected.
G. Revise Sec. 180.513--Repairs, alterations, conversions, and
modifications--to clarify that tank car facilities must include the
tank car owner's qualification and maintenance program into their QAP
to correct an incorrect reference to including the tank car owner's
QAP. Generally, a tank car owner is not subject to QAP requirements.
2. Tank Car Design Approval
Federal hazardous material transportation regulations have
delegated the authority to approve tank car and service equipment
designs to the AAR--and various predecessor organizations--since at
least 1927. As provided in Sec. 179.3, the AAR TCC has authority to
approve tank car designs, materials and construction, conversion, or
alteration of tank car tanks under the specifications of part 179. By
way of example, Sec. 179.100-12(a) requires that manway nozzles must
be of approved design of forged or rolled steel for steel tanks. In
this context, pursuant to the definition in Sec. 179.2, ``approved''
refers to approval by the AAR TCC.
Although PHMSA has delegated the authority to approve tank car
designs, the current state of the AAR's autonomous approval process
presents inefficiencies when insufficient resources are available to
process approval applications, resulting in unnecessary delays and
increased costs for the tank car design and manufacturing community. As
such, PHMSA and FRA propose to remove the requirement that tank car and
service equipment designs receive approval solely through the AAR TCC
before they are used in hazardous materials (hazmat) service. PHMSA and
FRA propose to replace AAR TCC design approval with alternative
approval by a tank car DCE, similar to the design approval structure
for highway cargo tanks. The proposed tank car DCE requirement will
include registration with PHMSA, and registrations will be subject to
termination for cause, with the intent to create a more transparent,
accountable tank car design approval system without any impact on the
safety of such approved tank cars. ``Design certifying engineer'' is a
defined term in the HMR in Sec. 171.8, and currently only applies to
engineers who can determine that a cargo tank design meets applicable
DOT specification standards. PHMSA and FRA propose to revise the
definition of DCE to include persons able to determine that a tank car
meets applicable DOT specification standards. PHMSA and FRA propose
that a tank car DCE must:
Have an engineering degree and at least one year of work
experience in tank car structural or mechanical design; or
Be registered currently as a professional engineer by an
appropriate authority of a state of the United States or a province of
Canada.
As proposed, a tank car DCE may not use their experience in cargo
tank structural or mechanical design to meet the experience requirement
for tank car design, and vice versa for a cargo tank DCE. Based on our
knowledge of the cargo tank and tank car industries, PHMSA believes it
is unlikely that a company would attempt to register a
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single engineer as both a tank car and cargo tank DCE. In the event
this does occur, PHMSA would allow a single engineer to be registered
as both a tank car and cargo tank DCE; however, they will need to
acquire separate registrations: a cargo tank DCE registration as
specified in subpart F of part 107, and a tank car DCE registration as
specified in the proposed new subpart J of part 107. PHMSA has
determined that maintaining separate registrations in the event that a
single person holds both will simplify recordkeeping and enforcement by
preventing unintended administrative hang-ups if one registration is
allowed to lapse or termination proceedings are initiated. PHMSA
requests comments on this proposed registration process.
Currently, the tank car design approval process is managed by the
AAR TCC (see Sec. 179.3). PHMSA and FRA attend AAR TCC meetings and
participate in AAR TCC working groups on specific issues; however, the
agencies do not manage the day-to-day operations of the AAR TCC. PHMSA
and FRA have no voting power in the committee and little involvement in
the day-to-day process by which the AAR TCC reviews and approves tank
car designs. PHMSA and FRA retain full authority to set tank car safety
standards through the adoption of tank car design specification
requirements in part 179, and tank car use requirements in part 173. To
provide additional context, there are approximately 130 instances in
part 179 where the HMR requires that a tank car design feature (e.g.,
the manner in which a tank car tank is attached to the car structure)
\3\ or item of service equipment (e.g., a valve) \4\ be ``approved.''
This approval is issued by the AAR TCC when the Committee determines
that tank car tank or equipment is in compliance with the requirements
of the HMR.\5\ The AAR TCC is the only entity granted the authority to
issue such approvals for tank car tanks and service equipment in the
HMR.
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\3\ See Sec. 179.10.
\4\ See Sec. 179.200-16(b).
\5\ See Sec. 179.3.
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PHMSA and FRA have determined that--based on experience
participating in the current AAR TCC process--the process for tank car
design approval is conducted in such a way that increases costs and
delays to the regulated community, without a commensurate increase in
safety that would justify these delays. The HMR create a single-source,
prescriptive system, because only AAR TCC has the authority to approve
an application for a tank car design, material of construction,
conversion, or alteration under part 179 specifications. The HMR
requirements for the review of a tank car design are well understood
and include compliance with part 179 and other considerations that a
tank car design must take into account (e.g., lading properties,
material compatibility, operating temperatures, etc.). There is little
doubt that there are many engineers in the United States with tank car
structural or mechanical design experience who could review and certify
that a tank car's design meets the HMR requirements. Replacing AAR TCC
approval with DCE approval as proposed will create a system that
increases efficiency in the tank car design approval market by
expanding the pool of authorized tank car design approval sources
without impacting the safety of tank cars used to transport hazardous
materials. The proposed system also includes documentation requirements
for DCEs that will facilitate improved government oversight of the
design approval process via periodic audits, and it would allow DCE
registrations to be terminated for cause as further discussed below.
PHMSA and FRA expect that an individual with an engineering degree
and tank car design experience or a registered professional engineer--
thus meeting the Sec. 171.8 definition of a tank car DCE--will be able
to review the design of a tank car or service equipment and determine
whether the design complies with the tank car specification
requirements. This proposal will improve government oversight of the
tank car approval process. Currently, PHMSA and FRA have limited
ability to take enforcement action against the TCC for failures to
comply with the requirements of the HMR. The current TCC design review
procedures have allowed non-compliant tank cars to enter
transportation, posing risks to lives and the environment. When non-
compliant cars are discovered in transportation, FRA takes immediate
action to protect rail workers and the public. This can include issuing
a railworthiness directive to address the non-compliance. Audits of the
TCC tank car design review process conducted by the Department have
revealed systemic operational and processing issues within the TCC--
specifically--that the TCC utilizes, approves, and certifies
Independent Third Party (ITP) individuals for reviewing and verifying
that the application meets all AAR and DOT design requirements. These
audit findings still have not been addressed to date. Additionally, in
the recent past, the TCC elected not to review and approve new designs
for DOT-106 and DOT-110 multi-unit tank car tanks (commonly known as
``ton tanks''). The TCC's decision not to review and approve DOT-106
and DOT-110 designs created significant disruption for a packaging
manufacturer and their customers. As a result, PHMSA expended resources
to develop and issue a Special Permit \6\ to allow the construction and
use of these packagings to avoid disruption to commercial activities
caused by the TCC's decision not to complete the role assigned to them
in Sec. 179.3. PHMSA and FRA are also concerned that the current
system allows TCC to regulate entry to the market by controlling the
approval process. Major tank car and service equipment (e.g., valve)
manufacturers are represented on the TCC. This creates a potential
conflict of interest for the TCC when considering approval applications
from firms that compete with companies its members represent. PHMSA and
FRA have determined that due to unaddressed issues in the AAR TCC
approval process, a recent history of a decision not to perform the
role assigned in the HMR, and the potential for incumbent tank car
industrial concerns to impact entry of competitors into the
marketplace, we can no longer justify delegating authority for tank car
design approval to the AAR TCC.
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\6\ https://www.phmsa.dot.gov/hazmat/documents/offer/SP14437.pdf/offerserver/SP14437.
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PHMSA and FRA expect that costs for reviewing and approving tank
car designs will decrease by removing the single-source approval and
the barriers of entry to the business of tank car design approval. The
implementation of the proposed tank car DCE program will maintain at
least an equivalent level of safety of tank car design by ensuring tank
car DCEs maintain and adhere to a detailed written procedure to
evaluate the compliance of a tank car design with the HMR's tank car
specification and usage requirements. PHMSA and FRA will be able to
exert substantially greater oversight over tank car DCEs than the AAR
TCC, both through the modification, suspension, and termination
procedures proposed in this NPRM, as well as through the civil and
criminal penalty procedures applicable to all persons who perform
activities subject to the HMR through 49 CFR parts 107, 109, and 49
U.S.C. 5123-5124.
PHMSA, in conjunction with our highway modal partner FMCSA, has
experience overseeing a DCE program for the design approval of bulk
[[Page 85594]]
hazardous materials packages intended for highway transportation
through the existing cargo tank DCE program. This experience makes us
confident that private sector engineers, operating under governmental
oversight through a registration program, can safely and effectively
review a package (i.e., a tank) design and ensure it complies in all
respects with the relevant design requirements of the HMR. PHMSA and
FRA intend to maintain direct oversight on the tank car design process
through regular audits of tank car DCEs and reserve the right to
terminate a tank car DCE registration for cause. Causes for
registration termination include: (1) because of a change in
circumstances the registration is no longer needed or would no longer
be granted if applied for; (2) the application contained inaccurate or
incomplete information and it would not have been granted had accurate
and complete information been provided; (3) the application contained
deliberately inaccurate or incomplete information; or (4) the
registration holder knowingly violated the terms of the registration or
an applicable requirement of 49 CFR Chapter I in a manner demonstrating
lack of fitness to conduct the activity for which the registration is
required. PHMSA emphasizes that criteria (4) can be used to bring
enforcement action and potential modification, suspension, or
termination proceedings against a tank car DCE who fails to maintain
and follow an adequate written procedure that is used to verify
conformance with the requirements of the HMR. See ``Section IV. Section
107.911'' for additional information on the termination of a tank car
DCE registration.
By clearly describing the processes and procedures that the DCE
must follow to approve a tank car design, PHMSA and FRA expect a high
level of safety for tank car designs will be maintained. PHMSA proposes
to require the DCE to review the same information and drawings
currently required in the AAR Form 4-2. This commonality with existing
design records is intended to minimize disruption during the
transitional period and maximize tank car and service equipment
manufacturer and DCE familiarity with the required documentation. The
requirements proposed in Sec. Sec. 179.3 and 179.5 are intended to
create an accountable, auditable, criteria-based tank car design
approval system that is more transparent to government oversight than
the current system. The proposed requirements in Sec. Sec. 179.3 and
179.5 are primarily based on the requirement for a tank car DCE to
develop, maintain, and adhere to a written procedure describing the
process used to verify a tank car or service equipment's design with
the requirements of the HMR. This detailed procedure must include
acceptance and rejection criteria for each tank car or service
equipment design element approved by the DCE, which demonstrate the
tank car or service equipment will meet the requirements of part 179
and retain the hazardous contents of the packaging in all normal
conditions of transportation for the designed life of the packaging.
PHMSA and FRA investigators and engineers will evaluate the detailed
procedures during periodic audits to ensure the procedures adequately
maintain compliance with part 179, and that the DCE is following the
procedures. These general procedural requirements proposed in
Sec. Sec. 179.3 and 179.5 will allow tank car DCEs to determine the
most efficient workflow for their business needs, while providing a
clear basis for evaluation of a tank car DCE's procedures. These
standards also provide a clear framework for PHMSA and FRA to conduct
audits and determine whether lapses in a tank car DCE's performance
warrant the issuance of a Notice of Probable Violation, or, in serious
cases, initiation of modification, suspension, or termination
proceedings.
The DCE registration program also may facilitate greater
technological advancements in tank car and service equipment designs by
facilitating greater access to tank car and service equipment design
certification services. The proposed rule would enable other entities
to approve tank car designs, potentially leading to more processing of
innovative designs that meet the existing performance standards and
their subsequent use in the transportation arena. In addition, opening
these services up to other entities--rather than maintain the design
approval process solely with AAR TCC--may increase competition within
the industry as additional DCEs are registered and begin to provide
tank car design approvals. This competition is expected to result in
potential cost reductions for the regulated community.
To adequately oversee tank car DCEs, PHMSA and FRA propose to
require that each DCE register with PHMSA and provide information on
the types of design reviews the DCE will conduct. This will allow PHMSA
and FRA to audit DCEs to ensure they are properly reviewing each tank
car or service equipment design and only issuing approvals to those
designs that meet the requirements of part 179. Each DCE must develop
procedures, including acceptance and rejection criteria for the
approval process, which demonstrate that the tank car or service
equipment will meet the requirements of part 179 and the design level
of reliability and safety for the hazardous materials service for which
the tank car is intended. The registration requirement is necessary to
assist PHMSA and FRA in performance of their oversight responsibilities
to ensure all tank car DCEs are performing their design reviews with
appropriate rigor, and thus that tank car designs are suitable for
hazmat transportation. See discussion in section ``Section II.B.5 Tank
Car Facility and Design Certifying Engineer Registration'' for
additional details on the proposed registration program.
Therefore, PHMSA proposes to remove reference to AAR approval for
tank car designs wherever it appears in the subchapter. A DCE
registered with PHMSA would fill the tank car design approval role
currently delegated to the AAR. Authorizing qualified individuals,
registered with PHMSA, to review and certify tank car designs under
PHMSA and FRA oversight will increase the level of safety provided by
the HMR while increasing design review efficiency for the tank car
design and manufacturing community. Finally, PHMSA notes this would not
exclude the AAR staff or TCC members from registering as DCEs to
continue to perform these approvals; however, it removes exclusive
delegation and opens the market to all those who are qualified. AAR TCC
may continue to provide approval services commercially, provided they
register with PHMSA and follow the same requirements proposed in this
NPRM that other tank car DCEs must follow.
3. Tank Car Facility Quality Assurance Program
Tank car facilities, as defined in Sec. 179.2, are required to
have a QAP that--among other items--has the means to detect non-
conformities in the tank car manufacturing, repair, inspection,
testing, and qualification or maintenance processes. Currently, each
tank car facility's QAP must meet the requirements of Sec. 179.7,
which requires that the QAP be approved by the AAR. In this rulemaking,
PHMSA proposes to remove the requirement that AAR approve a tank car
facility's QAP. As a substitute, we propose to replace this requirement
with a requirement that tank car facilities must register with PHMSA,
certify that they maintain a QAP that meets the requirements of Sec.
179.7, and include an executive summary of their QAP with their
[[Page 85595]]
registration statement. As proposed, the registration program will
improve safety through increased PHMSA and FRA situational awareness of
tank car facility activities and provide mechanisms to address non-
compliance. PHMSA proposes to allow modification, suspension, or
termination of a tank car facility registration for the following
causes: (1) because of a change in circumstances, that the registration
is no longer needed or would no longer be granted if applied for; (2)
the application contained inaccurate or incomplete information and it
would not have been granted had accurate and complete information been
provided; (3) the application contained deliberately inaccurate or
incomplete information; or (4) the registration holder knowingly
violated the terms of the registration or an applicable requirement of
49 CFR Chapter I in a manner demonstrating lack of fitness to conduct
the activity for which the registration is required. PHMSA emphasizes
that criteria (4) above can be used to bring enforcement action and
initiate modification, suspension, and termination proceedings against
a tank car facility that fails to adhere to their QAP. A tank car
facility's failure to adhere to a QAP could create unacceptable risks
in the rail system and may cause unsafe tank cars to enter
transportation.
The creation of the QAP requirement for tank car facilities was
initiated based on a National Transportation Safety Board (NTSB) safety
recommendation (R-88-63) \7\ issued in response to a September 8, 1987,
incident involving the release of butadiene from a tank car in New
Orleans, Louisiana. In 1993, the Research and Special Programs
Administration (RSPA)--PHMSA's predecessor agency--proposed the
creation of the QAP requirement and definition of tank car facility in
an NPRM (HM-201).\8\ The primary intent of this requirement--as
discussed in the preamble of HM-201--is to ensure each tank car
manufacturing or repair facility has procedures in place to detect any
nonconformity in the tank car manufacturing, maintenance, or repair
process and has the means to prevent its recurrence.
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\7\ See NTSB Safety Recommendation R-88-063: https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-88-063.
\8\ 58 FR 48485 (Sep. 16, 1993).
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In 1995, RSPA created the definition for the term ``tank car
facility'' and a requirement for each tank car facility to maintain a
QAP meeting the requirements of Sec. 179.7 in final rule HM-175A and
HM-201,\9\ and made minor revisions to the requirements in a 1996 HM-
175A and HM-201 corrections final rule.\10\ The requirements of Sec.
179.7 have not been modified substantively since.
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\9\ 60 FR 49048 (Sep. 21, 1995).
\10\ 61 FR 33250 (Jun. 26, 1996).
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PHMSA and FRA have found that the requirement for only AAR to
review and approve each tank car facility's QAP creates an undue cost
burden on the facility and creates delays in approving facility
operation that hinder commerce. Additionally, PHMSA and FRA's
experience auditing tank car facilities with QAPs approved by AAR TCC
have revealed significant compliance issues with the current QAP
approval process. For example, PHMSA and FRA have knowledge that on at
least one occasion--over the course of many months--AAR did not take
action on a facility that failed AAR Bureau of Explosives QAP audits.
These negative findings demonstrated the facility's failure to maintain
an effective QAP and, therefore, the company's inability to safely
perform their tank car qualification functions as required by the HMR.
Specifically, AAR did not take action to remove the certification of a
tank car facility in Shoshone, Wyoming, (Wasatch Railroad Contractors)
that had failed multiple QAP audits. This inaction allowed the facility
to continue to operate without an effective QAP. FRA and PHMSA raised
concerns that AAR has not adopted procedural changes to prevent this
type of failure (e.g., by immediately addressing findings) from
recurring. Subsequently, on April 22, 2021, two employees were killed
in an explosion while working inside a tank car.\11\ FRA and PHMSA
believe corrective action by AAR and the facility may have prevented
such an incident by not allowing continued work on tank cars. In 2022,
the owner of Wasatch Railroad Contractors was found guilty of five
counts of wire fraud and one count of knowing endangerment for
knowingly exposing employees to asbestos and placing them in imminent
danger of death or serious bodily injury.\12\
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\11\ https://apnews.com/article/explosions-business-1aa330c562c393a74421e4a90b9394db.
\12\ https://www.justice.gov/usao-wy/pr/wasatch-railroad-contractors-and-its-chief-executive-officer-sentenced-wire-fraud-and.
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Additionally, as part of AAR TCC's current QAP approval process,
AAR requires that tank car facilities bear the expense on an initial
certification audit and annual recertification audits thereafter. The
initial certification process often takes several months, and the tank
car facility has no recourse under the current HMR requirements but to
accept AAR's timeline and fees. Additionally, the audit process does
not increase the level of safety commensurate with the costs and delays
it imposes. FRA inspectors regularly find violations of the HMR at
facilities that AAR authorizes to operate through the current QAP
approval process. FRA issues findings, tickets, and notices of probable
violation to tank car facilities when it discovers non-compliance. When
violations are systemic or significant, FRA uses its railworthiness
authority to address similarly situated cars or fleets of cars.
Therefore, PHMSA and FRA propose to remove the requirement that
tank car facilities submit their QAPs for approval to AAR and replace
it with a requirement that each tank car facility register with PHMSA
and certify that it has created and is maintaining a QAP that meets the
requirements of Sec. 179.7. As part of the registration requirement,
PHMSA and FRA propose that the registrant must submit an executive
summary of its QAP, demonstrating compliance with the elements required
in Sec. 179.7(b). Facilities may submit certifications from outside
organizations, such as an external auditor, to serve as the executive
summary or submit their own executive summary documents. PHMSA will
administer the registration program for facilities, and FRA--in
conjunction with PHMSA--will oversee tank car facility QAPs through
regular facility compliance audits. PHMSA and FRA have limited
oversight and control over the current AAR approval process for tank
car facility QAPs. However, the observations that have been conducted,
coupled with our enforcement oversight of the tank car fleet, provide
PHMSA and FRA with significant concerns that the current system of AAR
audits provides limited safety benefits compared to the burdens
imposed. PHMSA and FRA expect the registration program combined with
regular compliance audits by government personnel will maintain an
equivalent or greater level of safety to the current requirements while
reducing administrative delays caused by the AAR process. PHMSA and FRA
emphasize that adhering to a rigorous QAP is critical for a tank car
facility to ensure that the tank cars qualified for service at the
facility meet the requirements of the tank car's specification and
regulations. See ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for additional details on the
proposed registration program.
[[Page 85596]]
PHMSA recognizes that this topic is the subject of an open petition
P-1770 \13\ submitted by AAR on October 21, 2022. This petition
requests the removal of the AAR approval requirement for QAPs in
accordance with Sec. 179.7. The AAR petition requests that PHMSA
replace AAR approval of QAPs with a requirement for tank car facilities
to comply with an industry standard known as ``AAR M-1003--
Specification for Quality Assurance.'' As described above, PHMSA
believes that a performance-based approach to QAPs--along with
registration with the Department and self-certification--is the best
option. Our proposal allows for the use of accepted industry standards
for quality assurance programs to meet the proposed safety
requirements, but does not mandate one standard over another. This
allows tank car facilities to implement the performance elements in the
most appropriate manner for their operations. Therefore, in this NPRM,
PHMSA is not proposing to incorporate by reference AAR M-1003 into
Sec. 179.7. PHMSA will consider any comments on this topic with
respect to this NPRM as it evaluates petition P-1770.
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\13\ https://www.regulations.gov/document/PHMSA-2022-0130-0001.
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4. Tank Car Facility Definition
PHMSA and FRA are aware that there is uncertainty in the tank car
community related to the scope of the definition of ``tank car
facility.'' This uncertainty impacts both tank car shippers and tank
car manufacturers (including service equipment manufacturers). On
October 8, 2019, PHMSA, in conjunction with FRA, issued Letter of
Interpretation Reference No. 19-0117 \14\ addressing the definition of
``tank car facility.'' PHMSA proposes to revise the definition of
``tank car facility'' consistent with Letter of Interpretation
Reference No. 19-0117 so that the definition applies only to the
facility that qualifies the tank car for service. That is, for example,
an equipment manufacturer of a pressure valve used in the construction
of a tank car is not a tank car facility solely on the basis of
manufacturing a component part of a specification tank car. The
determining factor on the applicability of the ``tank car facility''
definition is whether the facility qualifies a tank car for service.
The tank car facility that qualifies the tank car for service is
responsible for ensuring the conformity of the entire tank car,
including service equipment, with the approved specification.
Additionally, PHMSA proposes to revise the definition of ``service
equipment'' in Sec. 180.503 to clarify what constitutes ``service
equipment'' consistent with our expectations in revising the definition
of a tank car facility. Service equipment is pressure or lading
retaining equipment. Examples include pressure relief devices, valves,
manway covers, devices used for loading and unloading, interior heating
coils, and vents.
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\14\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
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To address the community of tank car shippers: PHMSA's and FRA's
position, as reflected in the proposed definition, is that the removal
of service equipment from the tank car and replacement or re-
installation of the service equipment is a qualification event and
triggers the need for a leakage pressure test (see Sec. 180.509(j)) to
verify the tank car is leak tight at the connection. These functions
must be conducted by a tank car facility, as defined in part 179,
because the service equipment requires a leakage pressure test to
ensure the connection to the tank car is qualified for its intended
service. A leakage pressure test is a qualification event and must be
performed by a tank car facility. Any action that triggers a
qualification event requires a tank car facility to perform the
qualification prior to placing the tank car into transportation.
However, to be clear, a facility that only operates service equipment
for loading and unloading purposes is not a tank car facility.
To address the community of tank car component manufacturers,
repair facilities and manufacturers: PHMSA's and FRA's position, as
reflected in the proposed definition, is that a facility that only
manufactures, maintains, or repairs service equipment is not a tank car
facility. The facility that qualifies the completed tank car for
service after installation of the service equipment is the tank car
facility. The facility that qualifies the tank car for service is
responsible for ensuring the compliance of the packaging with the
requirements of part 179, even those functions that they did not
directly perform (e.g., manufacturing a valve). The tank car facility's
QAP must encompass all work done on the tank car and its components
prior to qualification of the tank car.
Tank car facilities that meet the proposed revised definition of
tank car facility in Sec. 179.2 must have the knowledge and skill to
ensure appropriate conformance with the requirements of parts 179 and
180. As qualification is the final step in the tank car manufacturing
or maintenance process, only requiring the facilities that qualify tank
cars (i.e., facilities that have the ``last touch'') to have a QAP
reduces this requirement to a small subset of the total number of
facilities that perform work related to tank cars, while still
maintaining the high level of safety under the HMR. PHMSA and FRA
emphasize the scope of the definition of ``qualification'' remains
unchanged. Therefore, as proposed, tank car shippers and component
suppliers are not subject to the administrative burdens associated with
the creation and maintenance of QAPs, unless they perform qualification
activities (e.g., removal and replacement of a valve or other service
equipment on a tank car). PHMSA and FRA emphasize that all facilities
that perform a function subject to the HMR are responsible for
performing it correctly and in conformance with all applicable
requirements, regardless of whether they meet the definition of a
``tank car facility.''
Tank car facilities are responsible for ensuring all material
installed onto the tank car meets the requirements of the specification
and the regulations at the time the tank car is qualified for service.
PHMSA and FRA understand that long-standing policy in the tank car
industry had required tank car component manufacturers to maintain AAR-
approved QAPs. This policy was confirmed in previously issued (and
since revoked) PHMSA Letters of Interpretation Reference Nos. 15-0124
and 18-0029. While these letters are no longer valid, and have not been
valid since 2019, at the time they were written they aligned with
generally accepted industry practice and addressed a safety issue
created by production of valves and other tank car service equipment by
unapproved sub-contractors without adequate oversight. As proposed in
this NPRM, the facility that qualifies the tank car for service is
responsible for ensuring the tank car and all equipment necessary for
the tank car's operation meets the applicable requirements of the HMR
and any other applicable standards.
5. Tank Car Facility and Design Certifying Engineer Registration
As previously discussed, PHMSA and FRA propose to require that tank
car facilities and tank car DCEs register with PHMSA prior to
conducting regulated activities. PHMSA and FRA expect that a
registration program for both tank car facilities and tank car DCEs is
a more efficient alternative for the tank car industry while providing
at least an equivalent level of safety. Direct monitoring of registered
tank car facilities and tank car DCEs through site visits and audits
will maintain the
[[Page 85597]]
existing safety standards established in the HMR.
Therefore, PHMSA, in conjunction with FRA, proposes to create
subpart J in part 107 for tank car facility and tank car DCE
registration. The creation of a tank car facility registration program
was agreed to in the RSAC process; however, PHMSA proposes to implement
the tank car facility registration program in a format different than
what appears in the RSAC consensus recommendations. In the RSAC
proposal, the tank car facility registration was added to the existing
cargo tank facility registration subpart (i.e., part 107, subpart F).
After reviewing the RSAC proposal, PHMSA and FRA have determined that
it would be confusing to both the cargo tank and tank car communities
to attempt to insert tank car-specific facility and DCE registration
language into part 107, subpart F. PHMSA proposes to place the tank car
facility and tank car DCE registration requirements in a new subpart to
reduce confusion and highlight the tank car-specific nature of these
programs. However, some of the proposed language is similar to the part
107, subpart F requirements for cargo tanks and cargo tank motor
vehicles.
For tank car facilities, PHMSA proposes to require that each
facility, i.e. each separate physical location with a unique street
address, submit a separate registration. This will allow PHMSA and FRA
to oversee each facility that qualifies tank cars more effectively by
establishing the physical addresses and activities of each facility.
Each registration statement must be signed by a principal, officer,
partner, or employee of the facility responsible for compliance with
the applicable requirements of the HMR, certifying knowledge of those
requirements. In their registration statement, each tank car facility
must list the qualification functions the tank car facility will
perform and identify the types of DOT specification or special permit
tank cars they intend to qualify.
For DCEs, PHMSA proposes to require each person, as defined in
Sec. 171.8, who conducts review of a tank car or service equipment
design must register with PHMSA. Each engineer employed to conduct the
design reviews must be individually named in the registration and will
receive a unique, separate identifier associated with the company's DCE
registration. If an engineer is employed as a DCE to conduct design
reviews of tank cars or service equipment and begins operating as a DCE
for another company, or as self-employed, then the engineer must inform
PHMSA and will then receive a new registration number.
PHMSA also proposes the ability to modify, suspend, or terminate
both tank car facility and tank car DCE registrations for cause in new
Sec. 107.911. Further, procedures for a tank car facility or DCE to
follow to request reconsideration and appeal a decision to modify,
suspend, or terminate a registration are proposed in new Sec. Sec.
107.913 and 107.915, respectively. Modification, suspension, and
termination determinations for tank car facility and DCE registrations
will be made by the Associate Administrator for Safety, FRA. Similarly,
requests for reconsideration must also be submitted to the Associate
Administrator for Safety, FRA, and appeal of the reconsideration
decision to the FRA Administrator.
6. AAR Specifications for Tank Cars Incorporation by Reference
The AAR has developed a comprehensive industry standard for the
construction and maintenance of tank cars, the AAR Manual of Standards
and Recommended Practices, Section C--III, Specifications for Tank
Cars, Specification, M-1002 (AAR Specifications for Tank Cars).
Currently, Sec. 171.7 incorporates by reference the December 2000
edition of the AAR Specifications for Tank Cars throughout parts 173
(Shippers-General Requirements for Shipments and Packagings), 179
(Specifications for Tank Cars), and 180 (Continuing Qualification and
Maintenance of Packagings). In many sections, especially in part 179,
the HMR only references a specific section, such as an appendix, of the
document. To clarify the IBR structure of M-1002, the RSAC agreed to
separately list the individual chapters and appendices of the of AAR
Specifications for Tank Cars in the HMR's consolidated IBR section
(Sec. 171.7). This will clearly denote to the reader the relevant
chapter or appendix of the document that applies in a particular
section of the HMR. This change will also provide PHMSA and FRA greater
flexibility when incorporating by reference future editions of the
standard. For example, if PHMSA and FRA do not concur on the content of
a particular chapter or appendix, it would not prevent other chapters
or appendices from being incorporated by reference.
The RSAC also agreed to update the standard from the December 2000
edition to the November 2014 edition. The 2014 edition of the AAR
Specifications for Tank Cars also addresses NTSB Safety Recommendation
R-12-007,\15\ issued on March 2, 2012. R-12-007 recommends that PHMSA
adopt AAR's revised design standards for center sill and draft sill
attachments. AAR redesigned center and draft sill attachments in
response to NTSB Safety Recommendation R-12-009.\16\ Chapter 6 of the
2014 edition of the AAR Specifications for Tank Cars, which is proposed
for adoption into Sec. 179.10, includes the new sill attachment
standards for newly built tank cars. Therefore, the proposed IBR update
helps PHMSA address NTSB Safety Recommendation R-12-007.
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\15\ See NTSB Safety Recommendation R-12-007: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-007.
\16\ See NTSB Safety Recommendation R-12-009: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-009.
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This NPRM proposes to update the IBR of the AAR Specifications for
Tank Cars to the 2014 edition and to incorporate by reference
separately each relevant chapter and appendix, as agreed to in the RSAC
process. Due to the proposed removal of AAR's sole process for review
and approval of tank car designs, certain appendices and sections are
no longer necessary to IBR. Several appendices and sections that
require designs and QAPs to be sent to AAR for approval would no longer
be relevant (see ``Section II.B.2. Tank Car Design Approval).
Therefore, PHMSA does not propose to IBR Appendix B, Appendix L, and
Appendix U of the AAR Specifications for Tank Cars into the HMR.
Additionally, PHMSA proposes to update the edition of the AAR
Manual of Standards and Recommended Practices, Section C--II
Specifications for Design, Fabrication and Construction of Freight
Cars, Chapter 5 to the 2011 edition from the 1988 edition, as agreed in
RSAC.
[[Page 85598]]
PHMSA proposes to IBR the 2014 edition of the AAR Manual of
Standards and Recommended Practices, Section C--III, Specifications for
Tank Cars, Specification M-1002 (AAR Specifications for Tank Cars)
Chapter 2, section 2.2.1.2 into Sec. 179.102-3. This proposed
amendment creates an HMR requirement for shell and head material Charpy
impact testing at time of manufacture for pressure tank cars that
transport poisonous-by-inhalation material. Because this requirement
has been in place through AAR interchange standards since 2005, PHMSA
expects there will be no additional burden placed on tank car
manufacturers. This proposed IBR also addresses NTSB Safety
Recommendation R-19-001, which requests that PHMSA promulgate a final
standard for pressure tank cars used to transport poison inhalation
hazard/toxic inhalation hazard materials that includes enhanced
fracture toughness requirements for tank heads and shells.
PHMSA proposes to incorporate by reference the 2014 edition of the
AAR Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars) Chapter 3, into Sec. Sec. 173.241, 173.242, and
173.247. Chapter 3 contains the requirements for manufacturing AAR
specification tank cars. Sections 173.241, 173.242, and 173.247 are the
packaging sections that authorize the use of AAR specification tank
cars. Currently, these sections reference specific AAR specification
tank cars, but provide no information as to how these cars are
constructed, or what version of the AAR Specifications for Tank Cars
they must meet. Incorporating by reference only Chapter 3 into these
sections ensures that AAR specification tank cars are manufactured to a
standard that PHMSA and FRA have reviewed and determined is acceptable
for hazardous materials transportation. If the specifications of the
AAR tank cars referenced in Sec. Sec. 173.241, 173.242, and 173.247
are ever changed in a future edition of the AAR Specifications for Tank
Cars, PHMSA and FRA will need to review the revised specifications
before authorizing the tank cars for hazardous material service.
Incorporation by reference of a specific edition of the AAR
Specifications for Tank Cars in Sec. Sec. 173.241, 173.242, and
173.247 ensures PHMSA will be able to review any future changes to the
construction specification prior to authorizing the new specification
for hazardous materials transportation.
Finally, PHMSA proposes to correct an error in the HMR and RSAC's
proposed IBR text. Currently, the HMR incorporates by reference the AAR
Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars), Chapter 6, November 2014 in Sec. 179.400-6. This
citation is incorrect; the correct IBR document for design loads of
outer jackets is AAR Manual of Standards and Recommended Practices,
Section C--II Specifications for Design, Fabrication and Construction
of Freight Cars, Chapter 6. Therefore, PHMSA proposes to IBR Section
C--II, Chapter 6 into Sec. 179.400-6.
7. Tank Car Linings and Coatings
The HMR prescribes requirements for the inspection of tank car
linings in Sec. 180.509(i). On May 22, 2019, the Railway Supply
Institute (RSI) requested a Letter of Interpretation on the
applicability of the inspection requirements of Sec. 180.509(i).
Specifically, RSI asked whether linings and coatings solely used to
protect product purity (i.e., the lining or coating plays no role in
protecting the tank from corrosion or reactivity) are subject to the
inspection requirements of Sec. 180.509(i).
In Letter of Interpretation Reference No. 19-0117,\17\ PHMSA and
FRA provided clarification on inspection requirements for linings and
coatings. Specifically, the requirements of Sec. 180.509(i) apply only
to internal tank car linings and coatings that are applied to protect
the tank from a material that is corrosive or reactive to the tank. As
noted in the preamble of the final rule HM-216B, \18\ PHMSA and FRA are
aware of incidents where a material was loaded into a tank car with a
defective or incompatible lining which caused a reaction with the tank
car. In these instances, the tank lining owners expected the lining was
there to protect product purity when in fact it served to protect the
tank. It is the responsibility of the tank lining owner to determine
whether the internal lining or coating is solely for product purity
purposes.
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\17\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
\18\ 77 FR 37962 (Jun. 25, 2012).
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To address confusion on the applicability of tank car lining and
coating inspections, PHMSA proposes an editorial revision of the
requirements of Sec. 180.509(i)(1), adding the phrase ``used to
transport hazardous materials corrosive or reactive to the tank'' to
the second sentence of (i)(1). The proposed revision clearly indicates
that tank car linings and coatings are only subject to the inspection
requirements of part 180 if they are used to protect the tank from
material corrosive or reactive to the tank. PHMSA expects that this
clarification will improve compliance with this inspection requirement
and therefore improve safety. PHMSA requests comment on this proposal.
8. Editorial Revisions to Sec. Sec. 180.501 and 180.513
Section 180.501 contains the general requirements for the
qualification and maintenance of tank cars. In this NPRM, PHMSA
proposes to replace the phrase ``owner's qualification program'' with
``owner's qualification and maintenance program'' to maintain alignment
with the scope of part 180, subpart F, and the existing references to
``qualification and maintenance program'' in Sec. Sec. 179.7 and
180.513.
Section 180.513 provides the requirements to repair, alter,
convert, and modify tank cars. PHMSA, in conjunction with FRA, adopted
this section into the HMR in HM-216B. Section 180.513(b) outlines
responsibilities of a tank car facility. The last sentence in Sec.
180.513(b) contains wording that does not communicate the requirement
accurately. Specifically, at the end of paragraph (b), it currently
states, ``a tank car facility must incorporate the owner's Quality
Assurance Program into their own Quality Assurance Program.'' The
sentence contains an incorrect reference to an equipment owner's QAP.
Tank car owners are not subject to the part 179 QAP requirements unless
they also operate a tank car facility. The last sentence should make a
general reference to a tank car owner's qualification and maintenance
program and not a QAP that is required of tank car facilities. The
requirement should read, ``a tank car facility must incorporate the
owner's qualification and maintenance program into their own Quality
Assurance Program.'' Therefore, PHMSA proposes to replace the first
appearance of the phrase ``Quality Assurance Program'' in the last
sentence of Sec. 180.513(b) with the phrase ``qualification and
maintenance program.''
C. Cargo Tank Regulatory Amendments
PHMSA, in conjunction with the Federal Motor Carrier Safety
Administration (FMCSA), developed proposed amendments specific to
enhancing safe highway transportation of hazardous materials. A portion
of the proposed items were initially identified during two technical
information sessions sponsored by National Tank Truck Carriers, Inc.
(NTTC) and Truck Trailer Manufacturer's Association
[[Page 85599]]
(TTMA) in 2005. During these meetings, PHMSA and FMCSA began developing
a list of issues, concerns, and requests for clarifications to be
considered in a future rulemaking. Moreover, PHMSA and FMCSA have
identified numerous advancements in industry practice, as well as
potential safety incidents, over the course of the past 17 years. This
rulemaking aims to address the safety concerns raised by industry
stakeholders.
Additionally, PHMSA and FMCSA continue to review enforcement
actions, letters of interpretation, and information received from cargo
tank manufacturers and testing facilities, in efforts to identify
appropriate revisions to the HMR.
D. Cargo Tank Marking for Petroleum Distillate Fuels
In an advance notice of proposed rulemaking (ANPRM) HM-213E,\19\
PHMSA addressed United Nations identification number (UN ID number)
marking of cargo tank motor vehicles containing petroleum distillate
fuels in response to a Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2016 (PIPES Act of 2016) Congressional mandate
and two petitions for rulemaking (P-1667 \20\ and P-1668 \21\). The
PIPES Act of 2016 mandate stated that ``[n]ot later than 90 days after
the date of enactment of this Act, the Secretary of Transportation
shall issue an [ANPRM] to take public comment on the petition for
rulemaking dated October 28, 2015, titled `Corrections to Title 49 CFR
172.336 Identification numbers; special provisions' (P-1667).''
---------------------------------------------------------------------------
\19\ 81 FR 83190 (Nov. 21, 2016).
\20\ See petition for rulemaking P-1667: https://www.regulations.gov/document?D=PHMSA-2015-0219-0001.
\21\ See petition for rulemaking P-1668: https://www.regulations.gov/document?D=PHMSA-2015-0251-0001.
---------------------------------------------------------------------------
The central issue addressed in the HM-213E ANPRM was whether a
cargo tank motor vehicle transporting different types of petroleum
distillate fuels (e.g., gasoline, diesel fuel, kerosene, and fuel oil)
over the course of multiple trips should be permitted to display the UN
ID number of the fuel with the lowest flash point, even when that fuel
is not being transported (e.g., display ``1203''--the UN ID number for
gasoline--when the cargo tank contains only diesel fuel).
As detailed in table 1, PHMSA received 14 sets of comments to the
HM-213E ANPRM.
Table 1--HM-213E Commenters and Associated Comment Docket Numbers
------------------------------------------------------------------------
Commenter Docket ID number
------------------------------------------------------------------------
American Trucking Association (ATA)....... PHMSA-2016-0079-0012
Anonymous................................. PHMSA-2016-0079-0003
Commercial Vehicle Safety Alliance (CVSA). PHMSA-2016-0079-0009
Dangerous Goods Advisory Council (DGAC)... PHMSA-2016-0079-0010
International Association of Fire Chiefs PHMSA-2016-0079-0008
(IAFC).
International Association of Fire Fighters PHMSA-2016-0079-0011
(IAFF).
Josh Torrez............................... PHMSA-2016-0079-0002
Kansas Highway Patrol..................... PHMSA-2016-0079-0005
NTTC...................................... PHMSA-2016-0079-0006
Patriot Tank Lines, Inc................... PHMSA-2016-0079-0004
Petroleum Marketers Association of America PHMSA-2016-0079-0013;
(PMAA). PHMSA[dash]2016[dash]0079[d
ash]0014
Public Utilities Commission of Ohio....... PHMSA-2016-0079-0007
Transportation Trades Department, American PHMSA-2016-0079-0015
Federation of Labor and Congress of
Industrial Organizations (AFL-CIO).
------------------------------------------------------------------------
ATA, CVSA, DGAC, Kansas Highway Patrol, Patriot Tank Lines, Inc.,
NTTC, and PMAA support allowing cargo tank motor vehicles that deliver
multiple types of petroleum distillate fuels to display the UN ID
number of the fuel with the lowest flash point, even when that fuel is
not being transported. These organizations note that materials with a
lower flash point generally have a higher flammability hazard, and
therefore, conclude that marking the UN ID number of a lower flash
point material would not increase risks in transportation.
Additionally, these commenters note that the Emergency Response
Guidebook (ERG) emergency response procedures are nearly identical for
UN1203 (gasoline) and UN1202/NA1993 (diesel fuel, fuel oil), and
marking of a cargo tank with ``1203'' even when it only contains diesel
fuel has been a safe industry practice for decades. PHMSA also notes
that for other petroleum distillate fuels--such as UN1223 (kerosene)--
the ERG also directs the reader to the same response procedures for
UN1203 and UN1202/NA1993. Lastly, the commenters note that switching
the UN ID number before every trip to reflect the material transported
in the cargo tank at the time would increase the time per trip and
costs for fuel distributors.
The IAFC, IAFF, Public Utilities Commission of Ohio, and
Transportation Trades Department of the AFL-CIO do not support allowing
cargo tank motor vehicles that deliver multiple types of petroleum
distillate fuels to display the UN ID number of the fuel with the
lowest flash point, even when that fuel is not being transported. These
commenters state that emergency responders would treat an incident--
including clean-up and spill mitigation--involving diesel fuel
differently from gasoline, and the use of the gasoline ``1203'' marking
in place of the diesel fuel ``1202'' or ``1993'' increases confusion
and decreases response effectiveness. Specifically, first responders
may use the presence (or lack) of a fire and communicated hazard to
determine the potential dangers of the fuel in the immediate aftermath
of an accident. Because ``1203'' signifies a material with a lower
flashpoint than ``1202'' or ``1993'' is present on the vehicle, the
absence of a fire signifies that there may not be a fire hazard.
However, when the higher flashpoint material is present, but only the
lower flash point material is communicated on the vehicle, the absence
of a fire may create a false sense of security for emergency
responders, as they would be unaware that the fuel in the tank or
spilled on the ground had not yet reached the higher flash temperature
for diesel fuel.
PHMSA conducted a thorough review of the regulatory history related
to the UN ID number marking requirements for petroleum distillate fuels
in cargo tanks
[[Page 85600]]
and concludes the origin of the confusion on this issue dates to final
rule HM-118.\22\ In HM-118, RSPA added new hazard marking sections
including Sec. 172.332 for requirements on the display of UN ID
numbers, Sec. 172.334 for the prohibited display of UN ID numbers, and
Sec. 172.336 for special provisions and exceptions of UN ID numbers.
In Sec. 172.336, RSPA added two exceptions for the marking of UN ID
numbers for a cargo tank transporting liquid distillate fuels, which
read as follows:
---------------------------------------------------------------------------
\22\ 45 FR 74640 (Nov. 10, 1980).
(c) Identification numbers are not required --
* * * * *
(4) For different liquid distillate fuels, including gasoline,
in a compartmented cargo tank or tank car, if the identification
number is displayed for the distillate fuel having the lowest flash
point.
(5) For each of the different liquid distillate fuels, including
gasoline, transported in a cargo tank, if the identification number
displayed is for the liquid distillate fuel having the lowest flash
point.
* * * * *
In the final rule preamble,\23\ RSPA described the intent of the
exception in Sec. 172.336(c)(5) as:
---------------------------------------------------------------------------
\23\ 45 FR 74647 (Nov. 10, 1980).
Paragraph (c)(5) provides for display of the identification
number of the liquid distillate fuel having the lowest flash point
of any liquid distillate fuel carried in a cargo tank. This
provision will eliminate the need for continuous changes in
identification numbers in many operations where gasoline and fuel
oil are transported in the same cargo tank on different trips during
---------------------------------------------------------------------------
the same day.
While RSPA stated that the intent of this exception would address
moving gasoline and other petroleum distillate fuels in the same cargo
tank on different trips on the same day, this was not reflected in the
regulatory text. Although the time frame for use of this exception was
not explicitly written in the regulatory text, the preamble language
makes it is clear that the exception in Sec. 172.336(c)(5) was not
limited to multi-compartmented tanks carrying multiple petroleum
distillate fuels at the same time. Specifically, if Sec. 172.336(c)(5)
only applied to compartmented cargo tanks that transported multiple
liquid distillate fuels at the same time, Sec. 172.336(c)(4) would be
duplicative. Therefore, PHMSA concludes that RSPA intended Sec.
172.336(c)(5) to authorize a cargo tank to display the UN ID number of
the petroleum distillate fuel with the lowest flash point transported
in that cargo tank on different trips within the same day, and not
based on each individual trip.
Furthermore, RSPA's intent of this regulatory exception was
reiterated in 1996 and 2000, with Letter of Interpretation Reference
Nos. 96-0079 and 00-0208. In these interpretation letters, RSPA clearly
stated that the exception in Sec. 172.336(c)(5) allowed cargo tanks
that previously transported gasoline (UN1203) and were subsequently
transporting only diesel fuel (NA1993/UN1202) to be marked with
``1203.''
As discussed in the HM-213E ANPRM, Sec. 172.336(c)(5) was updated
in 1987 and 2008 to address specific concerns related to increased
ethanol content in certain fuels that required different emergency
response procedures, but the basic structure of the paragraph was not
changed. Further, in 2013, PHMSA published final rule HM-219,\24\ which
amended the HMR in response to various petitions for rulemaking. In HM-
219, PHMSA removed the reference to ``gasohol'' in Sec. 172.336, as
the Hazardous Materials Table (HMT) entry for this material was removed
in 2008. In addition, PHMSA replaced Sec. Sec. 172.336(c)(1)-(6) with
a table to ``more clearly indicate hazard communication requirements.''
In this new table, PHMSA added paragraphs (c)(1)-(3) and (c)(6) as
individual entries but combined the language in paragraphs (c)(4) and
(5) into a single entry. The impact of combining the provisions of
paragraphs (c)(4) and (5) was that the historical context for the
original meaning of paragraph (c)(5) was lost. As this revision in HM-
219 was an attempt at clarification, it was not PHMSA's intent to
change the exceptions substantively for marking of UN ID numbers on
cargo tanks.
---------------------------------------------------------------------------
\24\ 78 FR 14702 (Mar. 7, 2013).
---------------------------------------------------------------------------
On June 26, 2015, PHMSA published an additional Letter of
Interpretation Reference No. 14-0178.\25\ In the incoming letter, the
requester asserted that Sec. 172.336(c) stated clearly that if a cargo
tank is transporting multiple liquid petroleum distillate fuels, it may
be marked with the UN ID number of the fuel with the lowest flash
point. The requester asked if a cargo tank is transporting only diesel
fuel (NA1993), is it authorized to continue displaying the UN ID number
for gasoline (UN1203) even though gasoline was no longer present. As
the regulations no longer clearly indicated that this continued to be
an acceptable practice, in the response, PHMSA stated that a cargo tank
transporting only diesel fuel could not be marked with the UN ID number
for gasoline because the gasoline was no longer present.
---------------------------------------------------------------------------
\25\ See Letter of Interpretation Reference No. 14-0178: https://www.phmsa.dot.gov/regulations/title49/interp/14-0178.
---------------------------------------------------------------------------
As previously discussed, in HM-219, it was not PHMSA's intent to
remove the longstanding exception that allowed a cargo tank
transporting more than one petroleum distillate fuel in different trips
to display the UN ID number for the petroleum distillate fuel with the
lowest flash point. Although, PHMSA recognizes that there may be safety
concerns associated with this practice, as noted by commenters to the
HM-213E ANPRM, PHMSA has not received specific information describing
instances in which this marking exception has increased risks in
transportation. Therefore, PHMSA proposes to revise the Sec.
172.336(c) table, to authorize display of the UN ID number of the
petroleum distillate fuel with the lowest flash point transported in a
cargo tank in different trips on the previous or current business day.
This proposal aligns with the original intent of Sec. 172.336(c)(5),
and addresses the operational concerns identified by commenters to the
HM-213E ANPRM. In addition, this proposal generally aligns with the
requirements of DOT-SP 21104,\26\ which was issued on November 11,
2020, and further modified on February 26, 2021. DOT-SP 21104 currently
allows for the transportation of gasoline, diesel fuel, kerosene, and
fuel oil in a cargo tank motor vehicle marked with the UN ID number
``1203'' as long as gasoline had been transported in the cargo tank
during the previous or current business day. PHMSA is unaware of any
safety issues associated with DOT-SP 21104.
---------------------------------------------------------------------------
\26\ See DOT-SP 21104: https://www.phmsa.dot.gov/hazmat/documents/offer/SP21104.pdf/2021014464/SP21104.
---------------------------------------------------------------------------
Although ``different trips on the same day'' was not defined in HM-
118, PHMSA proposes that this provision apply when the petroleum
distillate fuel with the lowest flash point is transported on the cargo
tank motor vehicle during the previous or current business day. As
previously mentioned, this proposal aligns with the time frame
currently authorized in accordance with DOT-SP 21104. As proposed,
PHMSA considers a ``business day'' to mean a day that the operator of
the cargo tank motor vehicle is open and operating in commerce.
Therefore, if a cargo tank carrying gasoline is unloaded and
subsequently filled with a fuel with a higher flash point, ``1203'' may
only continue to be displayed on the cargo tank for that day and the
following day that the operator is open and operating.
[[Page 85601]]
To ensure compliance with this requirement, PHMSA anticipates the use
of shipping paper records (see Sec. 177.817(f)) to verify which
petroleum distillates were transported in the cargo tank during the
previous or current business day. PHMSA requests comment on the
functionality of this proposed exception for the previous or current
business day of petroleum distillate fuels.
In this new entry in the Sec. 172.336(c) table, PHMSA also
proposes to include specific requirements when transporting gasoline
and alcohol fuel blends consisting of more than 10% ethanol.
Specifically, due to different emergency response procedures for liquid
petroleum distillate fuels containing more than 10% ethanol and as
currently required in the fifth row in the Sec. 172.336(c) table,
PHMSA proposes that if the cargo tank contains gasoline and alcohol
fuel blends consisting of more than 10% ethanol, the UN ID number
``3475'' or ``1987,'' as appropriate, must be displayed. Additionally,
the UN ID numbers ``3475'' or ``1987'' may only be displayed if a
gasoline and alcohol fuel blend consisting of more than 10% ethanol is
present in the cargo tank during transportation. This means that
``3475'' or ``1987'' may not be displayed even if it is the lowest
flash point petroleum distillate fuel and the cargo tank transported
the fuel in a different trip on the previous or current business day.
Therefore, if the lowest flash point liquid petroleum distillate fuel
transported in the cargo tank in different trips on the previous or
current business day is a gasoline and alcohol fuel blend consisting of
more than 10% ethanol--and this material is not present in the cargo
tank for that trip--the carrier must display the UN ID number of either
the next lowest flash point liquid petroleum distillate fuel carried in
a different trip on the previous or current business day or the liquid
petroleum distillate fuel currently being transported in the cargo
tank.
Additionally, as an accompanying amendment, PHMSA proposes to
revise the fifth row of the Sec. 172.336 table to specify that the
exception provided in that row only apply to compartmented cargo tanks
or compartmented tank cars. This proposed change distinguishes a
compartmented cargo tank (or tank car) transporting more than one
petroleum distillate fuel in the same trip (fifth row) from a cargo
tank transporting more than one petroleum distillate fuel in different
trips on the current or previous business day (sixth row). This clearly
distinguishes the marking exception that applies to a compartmented
tank that transport multiple fuels of differing flashpoints at one
time, and the exception that applies to a cargo tank (single or multi-
compartment) that is used to transport fuels of differing flashing
points during the course of business on current or previous business
day.
PHMSA requests comments related to specific, articulable safety or
cost concerns associated with this proposed amendment. PHMSA notes that
for NA1993, UN1202, UN1203, UN1223, and other petroleum distillate
fuels, the ERG directs the reader to the same guide page for initial
emergency response measures, and PHMSA further requests information
from emergency responders describing how emergency response would
differ for an accident involving a cargo tank motor vehicle marked
``1993,'' ``1202,'' ``1203,'' ``1223,'' or another UN ID number
associated with a petroleum distillate fuel. Finally, PHMSA requests
information on any known incidents where emergency response was
impacted negatively due to a cargo tank motor vehicle displaying
``1203'' when it was transporting a petroleum distillate fuel with a
higher flash point.
E. P-1712
In petition for rulemaking P-1712,\27\ the Chlorine Institute (CI)
requested PHMSA delete Sec. 173.315(i)(13) from the HMR. This change
would remove the requirement to install Crosby pressure relief devices
(PRDs) on chlorine cargo tanks, thus providing flexibility by
authorizing the use of alternative PRDs meeting the requirements of
Sec. 173.315(i). The petition for rulemaking also outlined the current
use of the Midland PRD on chlorine cargo tanks under the authority of
DOT-SPs 9694 and SP-10457. CI noted that the Midland PRD meets the
requirements in Sec. 173.315(i) and is incorporated in CI's Pamphlet
49, ``Recommendation Practices for Handling Chlorine Bulk Highway
Transporters.'' Furthermore, in their petition for rulemaking, CI notes
that since the requirement was established in Sec. 173.315(i), Midland
Manufacturing entered the chlorine PRD market. This expanded market was
reflected in CI Pamphlet 49, but it was not reciprocated in the HMR,
except by special permit.
---------------------------------------------------------------------------
\27\ See petition for rulemaking P-1712: https://www.regulations.gov/docket?D=PHMSA-2018-0022.
---------------------------------------------------------------------------
After reviewing this petition for rulemaking, PHMSA proposes to
allow use of the Midland PRD under Sec. 173.315(i) but does not
propose to delete the specific limitations on the type of PRD
authorized. PHMSA will continue to work with CI to develop generally
applicable specifications for PRDs used on cargo tanks transporting
inhalation hazards. Therefore, for the purpose of this rulemaking,
PHMSA only considered the inclusion of the PRD specifications that are
already outlined in CI Pamphlet 49 and we do not propose the deletion
of Sec. 173.315(i)(13) in its entirety. Instead, PHMSA proposes to
revise Sec. 173.315(i) to specify that the PRD on a chlorine cargo
tank must conform to one of the drawings in CI Pamphlet 49, which would
allow for the use of the Midland PRD in addition to the Crosby PRD.
PHMSA expects that this will provide for additional regulatory
flexibility in selection of a PRD while maintaining the current level
of safety.
F. P-1724
In petition for rulemaking P-1724,\28\ the Greenbrier Companies
requested PHMSA revise Sec. 179.100-12 to allow for an alternative
means of connecting the manway protection housing to the tank car.
Currently, the HMR require the protective housing that shields the
valves and fittings on top of pressure cars to be bolted to the manway
cover. The petition for rulemaking asks that the connection be
alternatively made between the protective housing and the manway
reinforcing pad. This alternative allows the protective housing to be
bolted to a flange connected to the manway reinforcing pad with not
less than twenty \3/4\-inch studs. After reviewing the petition for
rulemaking, PHMSA agrees there is merit in making this proposed
revision as it will provide regulatory flexibility without reducing the
safety of attaching the manway protection housing to a tank car. This
alternative method is currently only authorized in DOT-SPs 14832 and
20607. Therefore, PHMSA proposes to revise Sec. 179.100-12 to permit
the use of an alternative means of connecting the manway protection
housing to the tank car.
---------------------------------------------------------------------------
\28\ See petition for rulemaking P-1724: https://www.regulations.gov/docket?D=PHMSA-2018-0111.
---------------------------------------------------------------------------
G. P-1735
In petition for rulemaking P-1735,\29\ TTMA requested PHMSA amend
Sec. Sec. 173.33(d)(3) and 180.405(h)(3) to remove requirements
referring to the venting capacity of the original specification for the
MC cargo tank motor vehicles with upgraded pressure relief valves.
---------------------------------------------------------------------------
\29\ See petition for rulemaking P-1735: https://www.regulations.gov/docket?D=PHMSA-2019-0132.
---------------------------------------------------------------------------
After reviewing this petition for rulemaking, PHMSA agrees with the
[[Page 85602]]
position of the petitioner regarding the error made in the preamble in
final rule HM-218H,\30\ but does not agree that a regulatory change to
Sec. Sec. 173.33(d)(3) and 180.405(h)(3) is necessary. In final rule
HM-218H, PHMSA responded to a number of appeals to the final rule. In
the preamble, PHMSA incorrectly stated that the PRD set pressure must
be to the original specification when upgrading or modifying the PRDs
on a MC 300 series cargo tank motor vehicle. PHMSA has previously and
subsequently addressed this issue via letters of interpretation and
clarified that the upgraded or modified PRD on a MC 300 series cargo
tank motor vehicle must meet all requirements of Sec. 178.345-10,
including set pressure (see Letters of Interpretation Reference Nos.
16-0183 and 18-0118). As such, while PHMSA agrees with the position of
the petitioner, PHMSA finds that no amendments are necessary as the
petition for rulemaking was predicated on the incorrect language
included in the preamble to HM-218H.
---------------------------------------------------------------------------
\30\ 83 FR 28162 (Jun. 18, 2018).
---------------------------------------------------------------------------
III. Overview
A. Rail
PHMSA, in conjunction with FRA, proposes numerous revisions to the
HMR related to transportation of hazardous materials by rail. These
proposed revisions will provide greater clarity for hazardous materials
rail carriage requirements and remove regulatory barriers to efficient
operation without diminishing safety. PHMSA proposes the following
amendments:
Related to the proposed amendments offered by RSAC (see ``Section
II.A. RSAC'' for additional discussion), PHMSA proposes:
In Sec. 171.7, update the IBR of the AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002, (AAR Specifications
for Tank Cars), to the November 2014 edition from the 2000 edition;
In Sec. 171.7, separate the IBR of the AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002 into its component
chapters and appendices, except for Appendix B, Appendix L, and
Appendix U, as discussed in ``Section II.B.6. AAR Specifications for
Tank Cars Incorporation by Reference'';
In Sec. 171.7, update the edition of the AAR Manual of
Standards and Recommended Practices, Section C--II Specifications for
Design, Fabrication and Construction of Freight Cars, Chapter 5 to the
2011 edition from the 1988 edition;
In Sec. 172.101, editorially revise the description of
Column 9A ``Passenger aircraft/rail'' to clarify the meaning for rail
transportation;
In Sec. 172.820, add an exception for route planning for
circumstances where no practicable alternative route exists;
In Sec. 173.31(d), add requirements for tank car closure
instructions;
In Sec. 173.31(g), clarify securement requirements for
tank car loading and unloading;
In Sec. 174.9, revise the safety and security inspection
requirements;
In Sec. 174.14, add exceptions to the requirement for
tank car movements to be expedited for certain unavoidable delays;
Remove and reserve Sec. 174.16, because the requirements
for removal and disposition of certain explosives are obsolete;
Remove and reserve Sec. 174.20 because the reporting to
the Bureau of Explosives for local and carrier restrictions is
unnecessary;
In Sec. 174.24, clarify requirements for providing
shipping papers to an authorized official;
In Sec. 174.50, revise the OTMA requirements to align
with current FRA policy;
In a new Sec. 174.58, clarify the meaning of ``extent
practicable'' as used in the Sec. 171.8 definition of residue;
In Sec. 174.59, revise requirements for replacing lost
placards;
In Sec. 174.63, make editorial revisions and expand the
types of packages and materials eligible for COFC and TOFC service
without an approval from FRA;
In Sec. 174.67, revise the transloading requirements to
create a performance-based system, rather than the current prescriptive
requirements;
In Appendix B to part 179, revise the torch and pool fire
testing provisions to improve industry understanding of the
requirements; and
In Sec. 180.503, revise the definitions of tank car
owner, coating/lining owner, and service equipment owner to more
accurately reflect the complex business arrangements commonly in use.
Related to AAR delegated authority amendments (see ``Section II.B.
AAR Authority to Approve the Design of Tank Cars and Approve Quality
Assurance Programs'' for additional discussion), PHMSA proposes:
In a new subpart J in part 107, add tank car facility and
tank car DCE registration, with the ability to modify, suspend, or
terminate the registration for cause;
In Sec. Sec. 107.1, 107.105, and 107.701, revise
procedural requirements to accommodate the proposed new subpart J;
In Sec. 171.7, incorporate by reference AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002 Chapter 3 into
Sec. Sec. 173.241, 173.242, and 173.247;
In Sec. 171.8, revise the definition of Design Certifying
Engineer to create a parallel definition for tank car DCEs;
In Sec. 179.2, revise the definitions for approved and
tank car facility and add definitions for component and tank car;
In Sec. 179.2, add introductory text to indicate that
terms defined in Sec. 180.503 also apply to part 179 to address
confusion with defined terms in these related regulatory parts;
In Sec. 179.3, remove the requirement for AAR TCC
approval of tank car and service equipment designs, and replace it with
approval by a DCE;
In Sec. 179.4, revise the process for designing and
seeking approval of a design of a new tank car specification;
In Sec. 179.5, remove the tank car certification of
construction requirement and replace it with a Design Approval
Certificate (DAC). PHMSA also proposes to describe the information that
must be included in a DAC for both tank cars and service equipment;
In Sec. 179.6, indicate that AAR approval is no longer
required for repairs;
In Sec. 179.7, remove the requirement for AAR approval of
the QAP and make revisions intended to clarify the intent of the
applicability of the QAP requirement;
In Sec. 179.11, add a reference to AAR Specifications for
Tank Cars in Appendix W, except section 1.2, for welding requirements;
In Sec. 179.24, remove reference to AAR Form 4-2 in
conformance with the replacement of the certificate of construction
with the DAC;
Throughout the HMR, including Sec. Sec. 172.102, 173.31,
and 173.314, and parts 179-180, remove all references to approval by
AAR and replace with a reference to an approval by a DCE;
In part 179, indicate that compliance with paragraph 1.2
of Appendix W of the AAR Specifications for Tank Cars is not required;
In Sec. Sec. 179.100-9, 179.200-10, and 179.220-10,
remove the sentence requiring that welding procedures, welders, and
fabricators be approved;
In Sec. Sec. 179.220-15 and 179.400-13, remove the
requirement for design approval for tank cushioning systems;
In Sec. 179.400-6, correct an editorial reference to the
incorrect IBR material;
In Sec. Sec. 179.500-17 and 179.500-18, revise
recordkeeping requirements to
[[Page 85603]]
remove obsolete references to the Bureau of Explosives;
In Sec. 180.501, replace ``owner's qualification
program'' with ``owner's qualification and maintenance program'' to
maintain alignment with the scope of part 180, subpart F, and the other
references to ``qualification and maintenance program'' in Sec. Sec.
179.7 and 180.513;
In Sec. 180.503, revise the definitions for maintenance,
modification, qualification, and service equipment;
In Sec. 180.509(i), clarify the inspection requirements
for linings and coatings;
In Sec. 180.513, revise the responsibilities of tank car
owners; and
In Sec. 180.517, revise the section to reflect the
removal of the certificate of construction and its replacement with the
DAC.
Related to PHMSA initiated editorial clarification, PHMSA proposes
to:
In Sec. 174.81, revise explosive segregation requirements
to align with current highway and vessel requirements.
Related to NTSB Safety Recommendation R-19-001, PHMSA proposes to:
In Sec. 171.7, incorporate by reference AAR
Specifications for Tank Cars Chapter 2, section 2.2.1.2 into Sec.
179.102-3 to require Charpy impact testing for shell and head material
of pressure tank cars used for poisonous-by-inhalation material.
Related to NTSB Safety Recommendation R-12-007, PHMSA proposes to:
In Sec. 179.10, incorporate by reference AAR
Specifications for Tank Cars Chapter 6, to require compliance with
AAR's redesigned center and draft sill attachment requirements.
B. Highway
PHMSA, in conjunction with FMCSA, proposes numerous revisions to
the HMR related to transportation of hazardous materials by highway
(i.e., motor vehicle). PHMSA expects these proposed revisions to
enhance the safe transportation of hazardous materials by highway while
providing greater clarity and regulatory flexibility. In addition to
various other revisions to the HMR, PHMSA proposes the following
amendments:
In part 107, subpart F, revise the registration
requirements to allow for electronic submission procedures;
In part 107 subpart F, create cargo tank facility
modification, suspension, and termination procedures; reconsideration
of modification, suspension, and termination procedures; and appeal of
modification, suspension, and termination procedures;
In Sec. 171.7, revise editorially the ASTM D 1838-64 IBR
document to include reference to the 1968 reapproval date;
In Sec. 171.7, update the Compressed Gas Association
(CGA) Technical Bulletin P-26 (formerly TB-2) IBR document to the 1997
edition;
In Sec. 171.7, replace current incorporation by reference
of CI drawings with the entire CI Pamphlet 49, which would include the
use of the Midland Type PRD for chlorine cargo tank in Sec. 173.315;
In the Sec. 172.336(c) table, add a sixth row to specify
that a cargo tank may display the UN ID number of the petroleum
distillate fuel with the lowest flash point transported in different
trips on the previous or current business day, except for gasoline and
alcohol fuel blends with more than 10% ethanol;
In Sec. Sec. 173.150(f)(3)(viii) and 177.837(c), require
bonding and grounding when preparing to transfer or transferring a
combustible liquid, or a flammable liquid reclassified as a combustible
liquid, from a cargo tank motor vehicle, in addition to the current
requirements for flammable liquids;
In Sec. 177.816(c) and (d), clarify the use of tank
vehicle endorsement or hazardous materials endorsement training to
fulfill the hazardous materials training requirements of Sec. Sec.
172.704 and 177.816;
In Sec. 177.835, clarify that a multipurpose bulk truck
may not be used in combination with any cargo tank that is required to
be marked or placarded under Sec. 177.823;
In Sec. 177.840, clarify that the requirements apply to
external self-closing stop valves in addition to the current
requirement of internal self-closing stop valves;
In Sec. 178.320, revise definitions for cargo tank, cargo
tank motor vehicle, and minimum thickness and add definitions for:
cargo tank motor vehicle certification date, component, flexible
connector, lading retention system, lining, name plate, original test
date, sacrificial device, shear section, and specification plate;
In Sec. 178.337-1(d), allow the use of other external
coverings besides paint;
In Sec. Sec. 178.337-8, 178.338-11, and 178.345-11,
specify that mechanical means of remote closure for manual operation
must not be obstructed to prevent access to or operation of remote
means of closure in an emergency;
In Sec. Sec. 178.337-10 and 178.338-10, clarify that the
exception in Sec. 393.86 for wheels back vehicles does not apply;
In Sec. Sec. 178.337-17 and 178.338-18, revise the
specification plate attachment requirement so that the specification
plate must be permanently attached to the cargo tank or its integral
supporting structure, instead of the cargo tank motor vehicle chassis
rail;
In Sec. Sec. 178.337-18 and 178.338-19, specify that when
the cargo tank motor vehicle is brought into full compliance, the
specification plate is marked with the cargo tank motor vehicle
certification date;
In Sec. 178.338-19, revise the certification language so
that it more closely mirrors certification language for other DOT
specification cargo tank motor vehicles;
In Sec. 178.345-1, remove definitions that are also
defined in Sec. 178.320;
In Sec. 178.345-14, clarify that when there is no limit
for the maximum loading or unloading rate in gallons per minute, the
specification mark may be marked ``NONE'' or ``OPEN MH'';
In Sec. 180.403, add definitions for cargo tank
maintenance, certification plate, objectively reasonable and
articulable belief, and set pressure, and revise the definition of
repair;
In a new paragraph in Sec. 180.405(b)(3), provide
instruction on the replacement of cargo tank and cargo motor vehicle
specification plates;
In a new Sec. 180.407(a)(7), specify that all equipment
and instruments used to test cargo tanks must be calibrated, with
appropriate documentation, in accordance with the manufacturer's
instructions;
In a new Sec. 180.407(a)(8), allow for the use of video
cameras or video optics equipment for any inspection or test;
In a new Sec. 180.407(a)(9), require that cargo tank
motor vehicle pressure tests conducted tested at a pressure higher than
50 psi be done with the hydrostatic method, except for DOT
Specification MC 338 cargo tanks used to transport cryogenic liquid;
In a new Sec. 180.407(a)(10), require that the Registered
Inspector consult with the owner or motor carrier, as appropriate, to
determine if materials corrosive or reactive to the cargo tank or its
components were transported in the cargo tank motor vehicle since the
last test or inspection, and ensure that the proper tests and
inspections, along with suitable safeguards, are used;
In a new Sec. 180.407(a)(11), require that all sources of
spark, flame, or glowing heat within the area in which the tests and
inspections are conducted are extinguished, made inoperable, or
rendered explosion-proof prior to all functions that are performed;
In Sec. 180.407(b), include ``bulges'' in the list of
conditions that may render a
[[Page 85604]]
cargo tank unsafe for hazardous materials service;
In Sec. 180.407(b)(5), replace ``reasonable doubt'' with
``objectively reasonable and articulable belief'' to create a more
consistent standard describing those circumstances in which a cargo
tank--or series of cargo tanks--may be required to be tested and
inspected outside of the normal test and inspection interval;
In Sec. 180.407(d)(2)(i), specify that the tank shell and
head must be evaluated in accordance with Sec. 180.411 and that during
inspection of the cargo tank shell and heads, all pad attachments on
either the cargo tank shell or head shell shall be inspected for method
of attachments;
In Sec. Sec. 180.407(d)(2)(ix) and (g)(1)(iii), add an
exception that the upper coupler must be removed if there are
obstructions immediately above the cargo tank shell that prevent the
upper coupler from being directly inspected;
In a new paragraph Sec. 180.407(d)(7), add inspection and
maintenance requirements for external ring stiffeners installed on a
cargo tank motor vehicle constructed of metal other than mild steel or
high-strength low-alloy steel;
In a new paragraph Sec. 180.407(d)(8), clarify inspection
and verification requirements for welded repairs;
In Sec. 180.407(f)(2), add documentation requirements for
linings from the lining manufacturer or installer;
In Sec. 180.407(f)(3), add a requirement that when the
degraded or defective areas of the cargo tank lining are repaired or if
the lining is replaced, it must comply with lining manufacturer or
installer procedures;
In Sec. 180.407(h)(4), specify that the test pressure of
the delivery hose assembly must be at least 80 percent of the Maximum
Allowable Working Pressure (MAWP) of the cargo tank;
In Sec. 180.407(i)(4)(v), specify that thickness testing
must be performed on areas around shell reinforcements, including
evenly distributed areas around all ring stiffeners and those areas in
the bottom half of the cargo tank;
In Sec. 180.407(i)(6)(i), specify that the supplemental
Certificate of Compliance that includes the minimum thickness issued by
the DCE must be provided to the CTMV owner;
In a new Sec. 180.409(a)(4), clarify that the person
performing or witnessing the inspections and tests must meet the
training requirements of part 172 subpart H;
In the Sec. 180.411(b) list, include bulges as an
additional condition requiring evaluation;
In new Sec. 180.411(h), specify conditions requiring
removal from service and methods in which a cargo tank motor vehicle
can be returned to service;
In new Sec. 180.411(i), specify that when required,
emergency discharge control systems on a DOT Specification MC 330, MC
331, or a non-specification cargo tank motor vehicle operating under
the provisions of Sec. 173.315(k) must be present and functioning
before passing any test or inspection; and
In Sec. 180.415(b), require that, unless already marked,
the cargo tank registration number of the cargo tank facility
performing the test or inspection must be marked on the cargo tank.
C. Vessel
PHMSA proposes several revisions to the requirements for
transporting hazardous materials by vessel. These proposals are
intended to increase transportation efficiency, increase harmonization
with the International Maritime Dangerous Goods (IMDG) Code, and
editorially revise the HMR while maintaining the high level of safety
of vessel transport. The following proposals were developed in
conjunction with the United States Coast Guard (USCG):
In Sec. 171.23(b)(5) and (b)(5)(iii), revise requirements
for communicating the presence of hazardous substances by clarifying
that only non-bulk packages are required to be marked with the letters
``RQ'' (to signify a reportable quantity), and the name of the
hazardous substance, consistent with Sec. 172.324;
In new Sec. 172.504(b)(2), remove the authorization to
use the ``DANGEROUS'' placard for vessel transportation to reduce
confusion and delays;
In part 176, editorially revise the office identifier of
the Coast Guard Commandant for Operating and Environmental Standards to
the identifier for the Office of Design and Engineering Standards;
In Sec. 176.84(a), clarify editorially that hazardous
materials transported in accordance with a limited quantity exception
are not subject to the stowage codes assigned by Column (10B) of the
Sec. 172.101 Table; and
In Sec. 176.905, add an exception for vehicles stored
onshore incidental to vessel transportation to align with similar
exceptions offered to highway and rail transportation of vehicles.
D. Multi-Modal
PHMSA proposes several revisions that affect multiple modes of
transportation. These proposals enhance safe transportation of
hazardous materials and were developed in conjunction with the FRA,
FMCSA, and USCG. Proposals include:
In Sec. 171.22(f)(4), clarify requirements for providing
hazardous material shipping paper information during inspections;
In Sec. 172.102, revise special provision 13 to identify
more clearly that security plan requirements apply;
In the Sec. 172.336(c) table, more clearly identify that
the exception in the fifth row of the table applies only to
compartmented cargo tanks or tank cars carrying more than one petroleum
distillate fuel;
In Sec. 172.704(e)(1), provide an exception (including an
editorial correction) for hazmat employees who manufacture, repair,
modify, recondition, or test packagings, and who do not perform any
other function, from security awareness training requirements;
In Appendix C to part 172, revise the recommended placard
holder dimensions to be consistent with the current placard size
requirements, and in Sec. 172.516(d), clarify that the current placard
holder is an authorized placard holder; and
In Sec. 173.159(e), clarify that wet batteries must be
loaded or braced to secure the batteries against shifting while in
transportation and require that the offeror ensure that persons loading
the batteries have knowledge of the conditional provisions for
exceptions from the general requirements of the HMR.
IV. Section-by-Section Review
The following table identifies the sections and mode(s) of
transportation affected by the proposed changes in this NPRM.
[[Page 85605]]
Table 2--Sections Affected by This NPRM
------------------------------------------------------------------------
Section affected Mode of transportation
------------------------------------------------------------------------
Sec. 107.1.............................. Rail.
Sec. 107.105............................ Rail.
Sec. 107.502............................ Highway.
Sec. 107.503............................ Highway.
Sec. 107.505............................ Highway.
Sec. 107.506............................ Highway.
Sec. 107.507............................ Highway.
Sec. 107.701............................ Rail.
Sec. 107.901............................ Rail.
Sec. 107.903............................ Rail.
Sec. 107.905............................ Rail.
Sec. 107.907............................ Rail.
Sec. 107.909............................ Rail.
Sec. 107.911............................ Rail.
Sec. 107.913............................ Rail.
Sec. 107.915............................ Rail.
Sec. 171.6.............................. Multi-modal.
Sec. 171.7.............................. Multi-modal.
Sec. 171.8.............................. Multi-modal.
Sec. 171.22............................. Vessel.
Sec. 171.23............................. Vessel.
Sec. 172.101............................ Rail.
Sec. 172.102............................ Multi-modal.
Sec. 172.303............................ Multi-modal.
Sec. 172.328............................ Highway.
Sec. 172.336............................ Multi-modal.
Sec. 172.504............................ Vessel.
Sec. 172.516............................ Multi-modal.
Sec. 172.704............................ Multi-modal.
Sec. 172.820............................ Rail.
Appendix C to Part 172.................... Multi-modal.
Sec. 173.31............................. Rail.
Sec. 173.150............................ Highway.
Sec. 173.159............................ Multi-modal.
Sec. 173.241............................ Rail.
Sec. 173.242............................ Rail.
Sec. 173.247............................ Rail.
Sec. 173.314............................ Rail.
Sec. 173.315............................ Highway.
Sec. 173.320............................ Multi-modal.
Sec. 174.9.............................. Rail.
Sec. 174.14............................. Rail.
Sec. 174.16............................. Rail.
Sec. 174.20............................. Rail.
Sec. 174.24............................. Rail.
Sec. 174.50............................. Rail.
Sec. 174.58............................. Rail.
Sec. 174.59............................. Rail.
Sec. 174.63............................. Rail.
Sec. 174.67............................. Rail.
Sec. 174.81............................. Rail.
Sec. 176.2.............................. Vessel.
Sec. 176.84............................. Vessel.
Sec. 176.340............................ Vessel.
Sec. 176.905............................ Vessel.
Sec. 177.801............................ Highway.
Sec. 177.804............................ Highway.
Sec. 177.816............................ Highway.
Sec. 177.835............................ Highway.
Sec. 177.837............................ Highway.
Sec. 177.840............................ Highway.
Sec. 177.841............................ Highway.
Sec. 178.320............................ Highway.
Sec. 178.337-1.......................... Highway.
Sec. 178.337-2.......................... Highway.
Sec. 178.337-3.......................... Highway.
Sec. 178.337-8.......................... Highway.
Sec. 178.337-9.......................... Highway.
Sec. 178.337-10......................... Highway.
Sec. 178.337-17......................... Highway.
Sec. 178.337-18......................... Highway.
Sec. 178.338-3.......................... Highway.
Sec. 178.338-10......................... Highway.
Sec. 178.338-11......................... Highway.
Sec. 178.338-18......................... Highway.
Sec. 178.338-19......................... Highway.
Sec. 178.345-1.......................... Highway.
Sec. 178.345-3.......................... Highway.
Sec. 178.345-8.......................... Highway.
Sec. 178.345-11......................... Highway.
Sec. 178.345-13......................... Highway.
Sec. 178.345-14......................... Highway.
Sec. 178.345-15......................... Highway.
Sec. 178.348-1.......................... Highway.
Sec. 179.2.............................. Rail.
Sec. 179.3.............................. Rail.
Sec. 179.4.............................. Rail.
Sec. 179.5.............................. Rail.
Sec. 179.6.............................. Rail.
Sec. 179.7.............................. Rail.
Sec. 179.10............................. Rail.
Sec. 179.11............................. Rail.
Sec. 179.24............................. Rail.
Sec. 179.100-9.......................... Rail.
Sec. 179.100-10......................... Rail.
Sec. 179.100-12......................... Rail.
Sec. 179.100-18......................... Rail.
Sec. 179.102-3.......................... Rail.
Sec. 179.103-5.......................... Rail.
Sec. 179.200-7.......................... Rail.
Sec. 179.200-10......................... Rail.
Sec. 179.200-11......................... Rail.
Sec. 179.200-17......................... Rail.
Sec. 179.200-22......................... Rail.
Sec. 179.220-10......................... Rail.
Sec. 179.220-11......................... Rail.
Sec. 179.220-15......................... Rail.
Sec. 179.220-18......................... Rail.
Sec. 179.300-9.......................... Rail.
Sec. 179.300-10......................... Rail.
Sec. 179.400-5.......................... Rail.
Sec. 179.400-6.......................... Rail.
Sec. 179.400-11......................... Rail.
Sec. 179.400-12......................... Rail.
Sec. 179.400-13......................... Rail.
Sec. 179.400-15......................... Rail.
Sec. 179.400-18......................... Rail.
Sec. 179.400-19......................... Rail.
Sec. 179.500-17......................... Rail.
Sec. 179.500-18......................... Rail.
Appendix B to Part 179.................... Rail.
Sec. 180.3.............................. Multi-modal.
Sec. 180.403............................ Highway.
Sec. 180.405............................ Highway.
Sec. 180.407............................ Highway.
Sec. 180.409............................ Highway.
Sec. 180.411............................ Highway.
Sec. 180.413............................ Highway.
Sec. 180.415............................ Highway.
Sec. 180.416............................ Highway.
Sec. 180.501............................ Rail.
Sec. 180.503............................ Rail.
Sec. 180.509............................ Rail.
Sec. 180.513............................ Rail.
Sec. 180.517............................ Rail.
Appendix D to Part 180.................... Rail.
------------------------------------------------------------------------
The following is a section-by-section review of the proposed
amendments:
Part 107
Section 107.1
Section 107.1 is the definition section for Part 107--``Hazardous
Materials Programs Procedures.'' The definition of ``registration''
currently states that, ``For purposes of subparts A through E,
``registration'' does not include registration under subpart F or G of
this part.'' In this NPRM, we propose to add a reference to the new
subpart J for tank car facility and tank car DCE registration to the
existing references to subpart F or G. This will ensure that the
registration requirements of subpart J for tank car facilities and DCEs
are not confused or conflated with other registration requirements in
Part 107. See also our discussion in ``Section II.B.5 Tank Car Facility
and Design Certifying Engineer Registration'' for additional
information.
Section 107.105
Section 107.105 contains the general information and supporting
documentation requirements for special permit applications. Paragraph
(a)(5) requires that special permit applicants who hold a registration
under subparts F or G of Part 107 must include their registration
number in their special permit application. PHMSA proposes to add a
reference to the new subpart J to paragraph (a)(5), to require that
tank car facilities or tank car DCEs who submit a special permit
application to PHMSA include their registration number. This will allow
PHMSA to more easily cross-reference tank car facility or DCE
registration records with the special permit request. See also our
discussion in ``Section II.B.5 Tank Car Facility and Design Certifying
Engineer Registration'' for additional information.
Section 107.502
Section 107.502 details general registration requirements for
persons who are engaged in the manufacture, assembly, inspection and
testing, certification, or repair of a cargo tank or a cargo tank motor
vehicle manufactured in accordance with a DOT specification or a
special permit. Paragraph (a)(3) specifies reference citations to
certain terms used in the HMR. PHMSA proposes to add a reference to the
definition of modification, which is currently found in Sec. 180.403.
In addition--and as detailed later in this rulemaking--PHMSA proposes
to add a definition of component to Sec. 178.320(a) and a definition
of maintenance to Sec. 180.403, and PHMSA proposes to reference these
[[Page 85606]]
terms in paragraph (a)(3). Additionally, PHMSA proposes to add
references to these definitions as they are all related to the cargo
tank registration program and the references will provide greater
understanding of the registration requirements. See ``Section IV.
Section-by-Section Review; Part 178; Section 178.320'' and ``Section
IV. Section-by-Section Review; Part 180; Section 180.403'' for further
discussion of the proposed definitions.
PHMSA also proposes to add paragraphs (a)(4) through (a)(9) to
specify definitions for fixed test and inspection facility, FMCSA
Agency Decisionmaker, FMCSA Agency Official, mobile tester, mobile
testing and mobile test and inspection unit. The definitions of fixed
test and inspection facility, mobile tester, mobile testing, and mobile
test and inspection unit are proposed to provide additional clarity and
to help distinguish between fixed facilities and mobile testing units.
As currently required, the registration statement must specify
``whether the facility uses mobile testing/inspection equipment'' (see
Sec. 107.503(a)(3)). However, the HMR does not include definitions to
help distinguish these types of operations. Furthermore, the
definitions for FMCSA Agency Decisionmaker and FMCSA Agency Official
are being proposed as they are referenced in new Sec. Sec. 107.505,
107.506, and 107.507, and they align with FMCSA's organizational
structure.
Paragraph (b) specifies that a person who is employed as a
Registered Inspector or DCE is considered to be registered if the
person's employer is registered. PHMSA proposes minor editorial changes
to specify that the ``inspector'' is a ``Registered Inspector'' and
capitalize the term ``Design Certifying Engineer.''
Paragraph (d) specifies submission information for registration
statements. PHMSA proposes to revise this paragraph to include an
electronic method for submitting registration statements. In addition,
PHMSA proposes to make editorial revisions of an administrative nature
to this paragraph, including revising the mailing address for FMCSA.
Paragraph (e) details the applicant's receipt of registration
statement. The first sentence specifies that a letter will be sent to
the registrant and will assign the registrant with a registration
number. The second sentence specifies that a separate registration
number will be assigned for each cargo tank manufacturing, assembly,
repair facility or other place of business identified by the
registrant. PHMSA proposes to revise the first sentence of paragraph
(e) to allow for the registrant letter to be sent electronically
instead of only in a hard copy. This will promote electronic
correspondence with FMCSA, which is faster and more efficient for all
parties. PHMSA also proposes to move the second sentence of paragraph
(e) to a new paragraph (f), but the regulatory text within the second
sentence will remain unchanged. The proposed change provides increased
visibility and emphasis that a separate registration number will be
assigned for each cargo tank manufacturing, assembly, or repair
facility, or other place of business identified by the registrant.
Section 107.503
This section specifies the requirements pertaining to the
registration statement for persons who are engaged in the manufacture,
assembly, inspection and testing, certification, or repair of a cargo
tank or a cargo tank motor vehicle manufactured in accordance with a
DOT specification or a special permit. PHMSA proposes to revise
paragraph (a)(2) to include an email address for the facility or place
of business, if applicable (i.e., if they have an email address). This
will promote electronic correspondence with FMCSA which is faster and
more efficient for all parties.
PHMSA proposes to revise the statement for compliance in paragraph
(a)(4) to ensure that the person responsible for compliance certifies
that hazmat employees meet the minimum qualification requirements set
forth in Sec. 171.8 for Registered Inspectors or DCEs, and that they
are appropriately trained and knowledgeable of all the functions they
are registered to perform. FMCSA notes that one of the top violations
of employers is a lack of hazmat training of hazmat employees,
including Registered Inspectors or DCEs. Therefore, the certification
statement is revised to include reference to training to emphasize the
requirement.
In paragraph (c), PHMSA proposes to remove the last sentence, as
June 30, 1992, has passed and thus, this is an outdated requirement.
Lastly, PHMSA proposes to add paragraph (d) to require that each
person who performs the wet fluorescent magnetic particle exam submit a
copy of their ASME Code compliant training certificate. The training is
required in both Section V (Non-Destructive Examinations) and Section
VIII, Division 1 of the ASME Code. Requiring the certificate will
ensure that FMCSA can verify that each person who performs the wet
fluorescent magnetic particle exam has received the appropriate
training.
Section 107.505
This proposed new section provides for the modification,
suspension, or termination of a cargo tank facility registration.
During 2019, FMCSA investigations of cargo tank facilities discovered
254 instances where the facilities had not been in compliance with the
regulatory requirements, yet the Department does not have a codified
process to modify, suspend, or terminate registrations to address lack
of compliance. The proposal to allow the modification, suspension or
termination of cargo tank facility registrations also addresses NTSB
Safety Recommendation H-18-005,\31\ issued on January 30, 2018. This
recommends that PHMSA revise the HMR to permit the suspension or
termination of highway cargo tank registrations for failing to meet the
requirements of the HMR. The safety recommendation was made after a
March 11, 2016, incident where a cargo tank semitrailer separated from
its truck-tractor and struck a rock. The impact with the rock breached
the front head of the cargo tank, causing the lading to spill and a
fire to occur. Although the investigation determined that the condition
of the cargo tank was acceptable and its performance was consistent
with its design, the investigation also discovered safety issues with
inspection and testing of DOT Specification MC330 and MC331 cargo tanks
and certification and training of cargo tank inspectors. The NTSB
concluded that DOT needs to be able to suspend or terminate a cargo
tank registration to ensure that when cargo tank facilities perform
inadequate inspections, their authorization to do so can be terminated.
Based on this safety recommendation, and additional recognition by
FMCSA for the need of the ability to modify, suspend, or terminate a
cargo tank registration, PHMSA proposes to add Sec. 107.505 (along
with Sec. 107.506 for reconsideration and Sec. 107.507 for appeal) to
provide this authority. PHMSA proposes that this modification,
suspension, or termination process in Sec. 107.505 be consistent with
existing FMCSA procedures for adjudicating motor carrier violations.
---------------------------------------------------------------------------
\31\ See NTSB Safety Recommendation H-18-005: https://ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=H-18-005.
---------------------------------------------------------------------------
As proposed in paragraph (a), reasons for modification, suspension,
or termination include: (1) that because of a change in circumstance,
the registration is no longer needed or would not be granted if applied
for; (2) that the application contained
[[Page 85607]]
inaccurate or incomplete information and it would not have been granted
had it included accurate and complete information; (3) that the
application contained deliberately inaccurate or incomplete
information; or (4) that the registration holder knowingly violated the
terms of the registration or an applicable requirement of 49 CFR
Chapter I in a manner demonstrating lack of fitness to conduct the
activity for which the registration is required. Upon determination of
this modification, suspension, or termination, and as proposed in
paragraph (b), FMCSA will notify the registrant in writing or by
electronic means of the proposed action and allow opportunity to show
cause as to why the proposed action should not be taken. The registrant
will then have 30 days from service of the notice to file a response to
the notice. After consideration of the response, or after 30 days if no
response has been filed, the FMCSA Agency Official will notify the
registrant of a final decision with a brief statement of reasons and
effective date of the action.
However, as proposed in paragraph (d), if a condition of imminent
hazard exists, the FMCSA Agency Official may issue an immediately
effective emergency order to the registration holder in accordance with
Sec. 109.17 of this subchapter.
As proposed in paragraph (c), the rules of practice for FMCSA
proceedings for service and computation of time in Sec. Sec. 386.6 and
386.8 of this title apply to this section, except that electronic
service is permitted.
Section 107.506
This proposed new section provides for reconsideration of a
registration that was modified, suspended, or terminated in accordance
with proposed Sec. 107.505. This proposed process is similar to
existing FMCSA procedures. As proposed in paragraph (a), this request
would be: (1) in writing or by electronic means and served within 20
days of service of the original decision; (2) state in detail any
alleged errors of fact, law, or procedure; (3) state corrective actions
taken, (4) enclose any additional information needed to support the
request to reconsider; and (5) state in detail the modification of the
final decision.
As proposed in paragraph (b), the decision issued under Sec.
107.505 of this part remains effective pending a decision on
reconsideration. The FMCSA Agency Official will consider requests to
stay the decision using the criteria laid out in proposed Sec.
107.507(b)(1)-(4). As proposed in paragraph (c), the FMCSA Agency
Official request may request additional information or documents and,
to ensure that the deficiencies identified as the basis for the action
have been corrected, may conduct additional investigation. Furthermore,
paragraph (d) specifies that the FMCSA Agency Official will grant or
deny, in whole or in part, the relief requested, and the notification
will be made in writing or by electronic means. As proposed in
paragraph (e), the rules for FMCSA proceedings for service and
computation of time in Sec. Sec. 386.6 and 386.8 of this title apply
to this section, except that electronic service is permitted.
Section 107.507
This proposed new section provides for an appeal process for a
cargo tank facility that has had its registration modified, suspended,
or terminated by the Department in accordance with proposed Sec.
107.505 and has been denied reconsideration in accordance with proposed
Sec. 107.506. This ensures that the registrant has been provided due
process. As proposed, the appeal of the FMCSA Agency Official's
decision is adjudicated by the FMCSA Agency Decisionmaker. Similar to
Sec. Sec. 107.505 and 107.506, the language in proposed Sec. 107.507
is intended to reflect existing FMCSA procedures.
As proposed in paragraph (a), the appeal will be submitted to the
FMCSA Agency Decisionmaker and must: (1) be in writing and served
within 30 days of receipt of the FMCSA Agency Official's decision on
the FMCSA Agency Decisionmaker at the mailing or email address provided
and on all parties to the proceeding; (2) state in detail any alleged
errors of fact, law, or procedure; (3) enclose any additional
information needed to support the appeal; and (4) state in detail the
modification of the final decision sought. Furthermore, as detailed in
paragraph (b), the FMCSA Agency Official's action remains effective
pending a decision on appeal, unless a stay is requested and the FMCSA
Agency Decisionmaker determines:
(1) There is a substantial likelihood that the requesting party
will prevail on the merits;
(2) The requesting party will suffer irreparable injury absent the
stay;
(3) The threatened injury outweighs whatever damage the stay may
cause the opposing party; and
(4) The stay will not harm the public interest.
As proposed in paragraph (c) the FMCSA Agency Official, who bears
the burden of proof, will respond to the appeal within 30 days of
service of the appeal. Lastly, as proposed in paragraph (d), the FMCSA
Agency Decisionmaker will grant or deny, in whole or in part, the
relief requested. This decision is the final agency action.
As proposed, the rules for FMCSA proceedings for service and
computation of time in Sec. Sec. 386.6 and 386.8 of this title apply
to this section, except that electronic service is permitted. This
decision is the final administrative action.
Section 107.701
Section 107.701 contains the procedural requirements for the
submission of registrations. PHMSA proposes to add an exception to
paragraph (c) for the new subpart J. This exception will be applicable
to tank car facilities and tank car DCE registrations. This aligns with
the exception currently provided in paragraph (c) for subpart F, for
cargo tank facilities and cargo tank DCEs. It allows tank car facility
and tank car DCE registrations to be handled in the separate procedural
manner outlined in the proposed subpart J, in which the registrations
will be submitted to PHMSA, but subject to termination by FRA. See also
our discussion in ``Section II.B.5 Tank Car Facility and Design
Certifying Engineer Registration'' for additional information.
Part 107, Subpart J--``REGISTRATION OF TANK CAR FACILITIES AND DESIGN
CERTIFYING ENGINEERS''
PHMSA proposes to create subpart J in part 107 (Sec. Sec. 107.901-
107.915) for tank car facility and tank car DCE registrations. The
subpart includes definitions for terms used in the subpart,
instructions for applying for registration for both tank car facilities
and DCEs, and means of appeal if a registration is modified, suspended,
or terminated. See also ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for additional details on the
creation of this subpart.
Section 107.901
This proposed new section Sec. 107.901 details the purpose and
scope of new part 107 subpart J. Part 107 subpart J addresses the
registration of tank car facilities and DCEs. Paragraph (b) details the
threshold requirement that applicants for registration must be familiar
with the HMR's requirements regarding specifications for tank cars
(part 179) and the qualification and maintenance of tank cars (part
180, subpart F).
Section 107.903
This proposed new section Sec. 107.903 details terms used in part
107, subpart
[[Page 85608]]
J and includes references to the location of their definition. The
terms that PHMSA proposes to include in this section are Design
Certifying Engineer (defined in Sec. 171.8), Qualification (defined in
Sec. 180.503), Tank car (defined in Sec. 179.2), Tank car facility
(defined in Sec. 179.2), and Tank car tank (defined in Sec. 180.503).
Additionally, PHMSA proposes to define FRA Associate Administrator for
Safety and FRA Administrator as used in this subpart.
Section 107.905
This proposed new Sec. 107.905 details the requirements for
submitting a tank car facility registration, including the information
required in the registration statement and where to send the
information. This section requires all tank car facilities to register
with PHMSA in order to legally qualify a DOT specification or special
permit tank car.
In order to register with PHMSA, each tank car facility is required
to provide a list of the qualification functions the tank car facility
will perform, and identify the types of DOT specification or special
permit tank cars that they intend to qualify. Paragraph (b) of this
section prohibits tank car facilities from performing qualification
functions that have not been identified in the registration. Each
facility must also submit an executive summary of its current quality
assurance program that is sufficient to demonstrate compliance with the
requirements set out in Sec. 179.7 in order to complete the
registration process. PHMSA anticipates that this information will
allow for effective oversight of registered tank car facilities.
Section 107.907
This proposed new Sec. 107.907 details the requirements for
submitting a tank car DCE registration. This section requires a DCE to
be registered with PHMSA in order to legally approve the design of a
DOT specification or DOT special permit tank car, as well as service
equipment, and details the required information in the registration
statement and where to send the information. Each registrant is
required to provide a list of the specific design approval functions
that the DCE will perform and identify the types of DOT specification
and special permit tank cars and service equipment that the DCE will
review. Paragraph (b) of this section prohibits design certifying
engineers from performing design approval functions that have not been
identified in the registration application. The registrant must also
provide the name of each DCE, and a description of each DCE's
experience that shows that they meet the requirements set out in Sec.
171.8. PHMSA anticipates that this information will allow for effective
oversight of registered tank car facilities.
Section 107.909
This proposed new Sec. 107.909 details the proposed administrative
details of the tank car facility and tank car DCE registration,
including renewal requirements, requirements to update PHMSA on changes
in activity and personnel, and record retention. As proposed, DCE
registrations must be renewed every six years, and registrants must
keep PHMSA updated on changes in company name, address, ownership,
personnel employed as tank car DCEs, and design approval activities
performed by the registrant. PHMSA will inform FRA of these changes.
PHMSA and FRA intend that this communication will increase our level of
oversight on the activities of engineers who review and approve tank
car and service equipment designs compared the existing AAR TCC closed
system. Additionally, non-compliance with these requirements may create
the basis for revocation of the registration. This will allow PHMSA and
FRA greater enforcement ability than the current system, which will
lead to an increased level of safety.
Section 107.911
This proposed new Sec. 107.911 details the reasons for which FRA
may modify, suspend, or terminate a tank car facility or DCE
registration. As proposed in paragraph (a), reasons for modification,
suspension, or termination include: (1) because of a change in
circumstances, the registration is no longer needed or would no longer
be granted if applied for; (2) that the application contained
inaccurate or incomplete information and it would not have been granted
if complete or accurate information was provided; (3) that the
application contained deliberately inaccurate or incomplete
information; or (4) that the registration holder knowingly violated the
terms of the registration or an applicable requirement of 49 CFR
Chapter I in a manner demonstrating lack of fitness to conduct the
activity for which the registration is required. Upon determination of
this modification, suspension, or termination, and as proposed in
paragraph (b), FRA will notify the registrant in writing or by
electronic means of the proposed action and allow opportunity to show
cause as to why the proposed action should not be taken. The registrant
will then have 30 days to file a response to the notice. After
consideration of the response, or after 30 days have elapsed with no
response from the registrant, the Associate Administrator for Safety,
FRA will notify the registrant of a final decision with a brief
statement of reasons.
However, as proposed in paragraph (c), if it is necessary to avoid
a risk of significant harm to persons or property, then the Associate
Administrator for Safety, FRA may declare the proposed corrective
action immediately effective.
Section 107.913
This proposed new Sec. 107.913 details the proposed process for
requesting reconsideration of FRA's decision to modify, suspend, or
terminate a tank car facility or DCE registration. This proposed
process is similar to the current special permit and approval
reconsideration procedures in Sec. Sec. 107.123 and 107.715,
respectively. As proposed in paragraph (a), this request would be: (1)
by electronic means and filed within 20 days of receipt of the
decision; (2) state in detail any alleged errors of fact and law; (3)
enclose any additional information needed to support the request to
reconsider; and (4) state in detail the modification of the final
decision.
As proposed in paragraph (b), newly submitted information will be
considered if the registration holder can show that the information
could have not been submitted when the application was processed.
Furthermore, paragraph (c) specifies that the Associate Administrator
for Safety, FRA will grant or deny, in whole or in part, the relief
requested, and allows the Associate Administrator for Safety, FRA to
notify the requesting party of the decision in writing or by electronic
means.
Section 107.915
This proposed new Sec. 107.915 details the process for requesting
an appeal of FRA's decision on reconsideration regarding a modified,
suspended, or terminated tank car facility or DCE registration. This
will ensure that the registrant has been provided due process. The
appeal of the Associate Administrator for Safety, FRA's decision will
be adjudicated by the FRA Administrator. Similar to Sec. Sec. 107.911
and 107.913, the language in Sec. 107.915 mirrors the current appeal
process for DOT special permits and approvals in Sec. Sec. 107.125 and
107.717, respectively, except that the appeal is directed to FRA,
rather than PHMSA.
As proposed in paragraph (a), the appeal will be submitted to the
FRA Administrator and must: (1) be by electronic means and filed within
30
[[Page 85609]]
days of receipt of the Associate Administrator for Safety, FRA's
decision; (2) state in detail any alleged errors of fact and law; (3)
enclose any additional information needed to support the appeal; and
(4) state in detail the modification of the final decision sought.
Furthermore, as detailed in paragraph (b), the FRA Administrator may
declare the Associate Administrator for Safety, FRA's action remain
effective pending a decision on appeal, if it is necessary to avoid a
risk of significant harm to persons or property. Lastly, as proposed in
paragraph (c), the FRA Administrator will grant or deny, in whole or in
part, the relief requested. This decision is the final administrative
action.
Part 171
Section 171.6
Section 171.6 provides information on the Office of Management and
Budget (OMB) control numbers assigned to information collection in the
HMR under the Paperwork Reduction Act of 1995. The paragraph (b)(2)
table lists all of the HMR sections associated with each OMB control
number. As this NPRM proposes to add new information collection to the
regulations, PHMSA proposes to revise the table to include the section
references where this information collection request is specified. In
addition, PHMSA proposes minor editorial revisions for grammatical
consistency. For details on the affected OMB control numbers, see
``Section V.G. Paperwork Reduction Act.''
Section 171.7
This section details the IBR documents in the HMR. Paragraph (h)
details IBR documents of the American Society of Testing and Materials
(ASTM). In paragraph (h)(39), PHMSA proposes an editorial revision for
standard method ``ASTM D 1838-64 Copper Strip Corrosion by Liquefied
Petroleum (LP) Gases, 1964'' by adding the date ``Reapproved 1968.''
The current IBR document for the 1964 edition of ASTM 1838-64 has a
reapproved date of 1968, but it is not specified in Sec. 171.7.
Therefore, PHMSA proposes this editorial amendment to add this date to
provide regulatory clarity without amending the actual IBR standard.
This standard is available for purchase at the following online
location: https://webstore.ansi.org/.
Paragraph (k) details IBR documents of the AAR. In paragraph (k),
PHMSA proposes to revise editorially the AAR mailing address and
website. As discussed in ``Section II.A. Railroad Safety Advisory
Committee,'' PHMSA proposes to update the edition of and revise how the
AAR Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars) is incorporated by reference in the HMR. Specifically,
PHMSA proposes to update the 2014 edition of the AAR Specifications for
Tank Cars, divide it into its component chapters and appendices and
incorporate by reference each chapter and appendix in the relevant
section of the HMR, as agreed to by the RSAC. This revision provides
more specificity on the relevant AAR chapters and appendices that are
incorporated by reference throughout the HMR, instead of generally
indicating the entire manual. Additionally, PHMSA proposes to update
the edition of the AAR Manual of Standards and Recommended Practices,
Section C--II, Specifications for Design, Fabrication and Construction
of Freight Cars, Chapter 5 to the 2011 edition from the 1988 edition,
as agreed by the RSAC. This update also requires updating the title of
the standard from ``AAR Specifications for Design, Fabrication and
Construction of Freight Cars,'' to ``AAR Manual of Standards and
Recommended Practices, Section C--II Specifications for Design,
Fabrication and Construction of Freight Cars'' and moving the IBR from
Sec. 171.7(k)(4) to paragraph (k)(1) to align with the numerical
organization of this paragraph. PHMSA also proposes to incorporate by
reference the updated 2016 edition of the AAR Manual of Standards and
Recommended Practices, Section C, Car Construction Fundamentals and
Details, Standard S-286, Free/Unrestricted Interchange for 286,000 lb
Gross Rail Load Cars for rail cars weighing up to 286,000 lbs., as
agreed in RSAC into Sec. 179.13, and move the current S-286 IBR
reference to Sec. 171.7(k)(20). These revisions are intended to update
the incorporated by reference versions of these industry standards to
reflect the current state of the art.
There are several sections and appendices from the AAR
Specifications for Tank Cars that were recommended by the RSAC but are
not proposed. This is because, based on the proposal to remove AAR as
the sole approval for tank car designs, the incorporation by reference
of these sections and appendices is not needed in the HMR at this time.
As such, PHMSA does not propose to IBR Appendix B, Appendix L, and
Appendix U of the AAR Specifications for Tank Cars into the HMR. As a
matter of amendatory instructions, in Sec. 171.7(k), PHMSA proposes to
reserve where the omitted chapters and appendices would traditionally
be located for future regulatory flexibility. See ``Section II.B.6. AAR
Specifications for Tank Cars Incorporation by Reference'' for
additional details.
PHMSA also proposes to incorporate by reference the following AAR
documents:
AAR Manual of Standards and Recommended Practices, Section
C--II Specifications for Design, Fabrication and Construction of
Freight Cars, Chapter 6 into Sec. 179.400-6;
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Chapter 2 in Sec. 179.102-3;
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Chapter 3 into Sec. Sec. 173.241,
173.242, and 173.247; and
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Appendix W into Sec. 179.11.
Additional information on the purpose and intent of these IBRs can
be found in their respective section-by-section discussions. These
standards are available for purchase at the following online location:
https://aarpublications.com/msrp.html.
Paragraph (l) details IBR documents of the CI. Currently,
paragraphs (l)(3) and (l)(4) include the IBR drawings for authorized
PRDs for cargo tanks transporting chlorine. As discussed in ``Section
II.E. P-1712,'' instead of adding the third drawing found in CI
Pamphlet 49 to Sec. 171.7, PHMSA proposes to remove the references to
the PRD drawings and incorporate by reference CI Pamphlet 49 in total.
Thus, PHMSA proposes to revise paragraph (l)(3) to read ``Pamphlet 49,
Recommended Practices for Handling Chlorine Bulk Highway Transports,
Edition 10, December 2016, into Sec. 173.315'' and reserving paragraph
(l)(4). This standard is available for purchase at the following online
location: https://www.chlorineinstitute.org/products.
Paragraph (n) details IBR documents of the CGA. In paragraph
(n)(21), PHMSA proposes to update ``CGA Technical Bulletin TB-2,
Guidelines for Inspection and Repair of MC-330 and
[[Page 85610]]
MC-331 Cargo Tanks, 1980'' to the 1997 edition, reaffirmed in 2015. The
Technical Bulletin is now titled ``P-26: Guidelines for Inspection and
Repair of MC-330 and MC-331 Anhydrous Ammonia Cargo Tanks (formerly TB-
2).'' PHMSA proposes to incorporate by reference this newer version
because it directs readers to the correct, relevant HMR citations and
provides clearer instruction on the guidelines provided in the
standard. For example, many of the HMR references in the 1980 edition
(i.e., the current IBR) point to part 173; however, the requirements
are now found in part 180. PHMSA has reorganized the HMR and, thus, the
citations in the 1980 edition are inaccurate, and updating to the 1997
edition will provide correct citations. These standards are available
for purchase at the following online location: https://www.cganet.com/standards/.
Section 171.8
Section 171.8 defines terms in the HMR. PHMSA proposes to amend the
following definitions:
Cargo tank: PHMSA proposes several minor editorial
revisions to paragraph (1), which currently defines the materials a
cargo tank is intended to hold, the encompassing parts of a cargo tank,
and the HMR citations that detail cargo tank specifications. PHMSA
proposed revisions include:
[cir] Add ``solids'' and ``semi-solids'' to the list of materials
transported in cargo tanks, consistent with the Sec. 178.320(a)
definition of cargo tank;
[cir] Consistent with the proposal to add a definition for
component, which includes ``fittings'' as a type of component, replace
the term ``fittings'' with the term ``components.'' See ``Section IV.
Section-by-Section Review; Part 178; Section 178.320'';
[cir] Alphabetize the list of parts of a cargo tank encompassed in
the definition;
[cir] Revise the phrase ``the definition of a tank'' to read as
``cargo tank specifications'' in the parenthetical introductory
language as this more accurately describes the section references list
in paragraph (1);
[cir] Add a reference to Sec. 178.345-1, as it is currently not
included in the citation list, but should be included, as this section
details cargo tank specifications for DOT Specification 406, 407, and
412 cargo tanks.
Design Certifying Engineer: PHMSA proposes to make an
editorial amendment to the current cargo tank DCE definition and add
provisions to account for a tank car DCE. To accommodate the new
criteria for a tank car DCE, PHMSA proposes to reorganize the current
cargo tank DCE requirements from paragraphs (1)-(3) to paragraphs
(1)(i)-(iii). PHMSA also proposes an editorial amendment in proposed
paragraph (1)(i) to clarify that the one year of work experience
requirement is a minimum requirement. The definition currently
specifies a person must have exactly one year of experience in cargo
tank structural or mechanical design with an engineering degree;
however, it is not PHMSA's intent to limit this to only one year of
experience. Instead, a person with at least one year of work experience
in cargo tank structural or mechanical design, in addition to an
engineering degree, meets the definition of a DCE for cargo tanks.
Additionally, and as previously discussed, PHMSA proposes to add
criteria for a tank car DCE. As such, PHMSA proposes to revise the
introductory paragraph and add paragraphs (2)(i) and (ii). The proposed
criteria in paragraphs (2)(i) and (ii) mirror the current cargo tank
DCE criteria in paragraphs (1)(i) and (ii). Specifically, as proposed,
a Design Certifying Engineer for a tank car is ``a person registered in
accordance with subpart . . . J of part 107 . . . who has the knowledge
and ability to perform stress analysis of pressure vessels and
otherwise determine whether a . . . tank car design and construction
meets the applicable DOT specification.'' In addition, a tank car DCE
is a person who either: ``(i) has an engineering degree and at least
one year of work experience in tank car structural or mechanical design
or (ii) is currently registered as a professional engineer by an
appropriate authority of a State of the United States or a province of
Canada.'' See ``Section II.B.2. Tank Car Design Approval'' for
additional information on the proposed creation of tank car DCEs and
``Section II.B.5. Tank Car Facility and Design Certifying Engineer
Registration'' for additional details on proposed registration
requirements for DCEs.
Section 171.22
Section 171.22 authorizes the use of international dangerous goods
transportation standards in place of the HMR, subject to the conditions
and restrictions of Sec. Sec. 171.22 to 171.26, including use of the
International Civil Aviation Organization's (ICAO) Technical
Instructions for the Safe Transport of Dangerous Goods by Air
(Technical Instructions), the IMDG Code, Transport Canada's
Transportation of Dangerous Goods (TDG) Regulations, and the
International Atomic Energy Agency (IAEA) Regulations. PHMSA proposes
to revise paragraph (f)(4) to specify that in addition to retaining a
copy of the shipping paper, a person who provides for transportation or
receives for transportation a shipping paper must make the shipping
paper readily accessible for inspection. PHMSA and its modal partners
have determined that the current shipping paper accessibility
requirements in Sec. 171.22(f)(4) create unnecessary delays during
routine inspections because these forms are often made available
several hours or days after the inspections are conducted. Therefore,
PHMSA proposes to revise paragraph (f)(4) to indicate more clearly the
expectation that shipping paper information must be made readily
accessible to inspectors or other authorized individuals during
inspections. This change is intended to increase safety by improving
the ability of inspectors to conduct their reviews of hazardous
materials shipments and increase efficiency by facilitating a quicker
return to commerce for hazardous materials delayed by inspection. The
intent of this revision is to ensure timely provision of shipping paper
information for inspection of shipments in transportation (e.g.,
container inspections in port areas). Access to historic shipping paper
information after transportation has ended is a separate scenario, and
may have other standards for reasonable provision of shipping paper
information (e.g., close of business the following business day for
historic rail shipping paper information). See ``Section IV. Section-
by-Section Review; Part 174; Section 174.24'' for further discussion of
historic shipping paper availability in rail transportation.
Section 171.23
Section 171.23 establishes HMR requirements for specific materials
and packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada's TDG Regulations, and the IAEA Regulations.
PHMSA proposes to revise the introductory text of paragraph (b)(5) and
paragraph (b)(5)(iii) to clarify that the letters ``RQ'' and the name
of the hazardous substance must be marked only on non-bulk packages
that contain reportable quantities of a hazardous substance. The HMR do
not currently require this marking on bulk packages because Sec.
172.324, which requires the ``RQ'' marking, only applies to non-bulk
packages. However, PHMSA and USCG understand that international
shippers occasionally misinterpret Sec. 171.23(b) as requiring this
marking on bulk packagings. This proposed revision is
[[Page 85611]]
intended to decrease burdens on shippers by clarifying which markings
are required and to avoid confusion in port areas. Shippers may apply
the letters ``RQ'' and the name of the hazardous substance on a bulk
packaging, but PHMSA and USCG discourage this practice as it might be
unnecessarily confusing and burdensome.
Part 172
Section 172.101
Section 172.101 lists the HMT and provides explanatory text on the
use of the table. Paragraph (j) provides explanatory text about Columns
(9A) and (9B) of the HMT, including an indication that Column (9A) of
the HMT identifies the maximum quantity of hazardous materials that may
be offered in one package when transported by passenger-carrying
aircraft or passenger-carrying rail car. However, as defined in Sec.
171.8, a rail car means a car designed to carry freight or non-
passenger personnel by rail. Therefore, a ``passenger-carrying rail
car'' is inconsistent with the definition of a rail car. PHMSA proposes
to revise editorially Sec. 172.101(j) to indicate instead that Column
(9A) is for the quantity limitation of passenger-carrying aircraft and
passenger-carrying rail. This proposal decreases potential regulatory
confusion without impacting safety. The proposed language was approved
by consensus vote at the May 25, 2017, RSAC meeting and offered to
PHMSA and FRA for consideration.
Section 172.102
This section details the meaning and requirements of the special
provisions listed in Column (7) of the HMT. Special provision 13 is
assigned to ``UN1005, Ammonia, anhydrous, 2.2'' and ``UN3318, Ammonia
solution, relative density less than 0.880 at 15 degrees C in water,
with more than 50 percent ammonia, 2.2.'' PHMSA proposes to clarify
that these materials are subject to security plan requirements. In
final rule HM-232F,\32\ PHMSA specified this stance:
---------------------------------------------------------------------------
\32\ 75 FR 10973 (Mar. 9, 2010).
While anhydrous ammonia is classed for domestic transportation
as a Division 2.2 material, it does pose a significant inhalation
hazard and, thus, should be subjected to safety and security
requirements that address that hazard. [PHMSA] note[s] further that
by requiring security plans for materials that meet the definition
for a material poisonous by inhalation, all materials that exhibit
PIH characteristics are covered even if they are not specifically
identified in column 3 of the Sec. 172.101 table as Division 2.3 or
---------------------------------------------------------------------------
6.1 materials.
However, as currently written, it is not clear that security plan
requirements apply to these shipments. Therefore, to ensure safe
transportation of these hazardous materials, to facilitate compliance
with the HMR, and to provide additional clarity, PHMSA proposes to
specify that security plan requirements apply to materials assigned to
special provision 13. This does not affect the classification of UN1005
and UN3318, and they may continue to be placarded with the Division 2.2
placard for domestic transportation. Additionally, this proposed change
does not mean that persons who transport UN1005 or UN3318 are subject
to FMCSA safety permit requirements; rather, the change is an explicit
reminder that security plan requirements apply to this material.
PHMSA also proposes to revise special provision B45. This special
provision, which is currently assigned to ``UN1067, Dinitrogen
tetroxide, 2.3 (5.1, 8),'' requires that, ``each tank must have a
reclosing combination pressure relief device equipped with stainless
steel or platinum rupture discs approved by the AAR Tank Car
Committee.'' In conformance with other proposals throughout this NPRM
regarding AAR TCC approval requirements, PHMSA proposes to replace the
reference to AAR TCC approval with a reference to a tank car DCE
approval.
Section 172.303
This section identifies that no person may offer for transportation
or transport a package marked as a hazardous material, unless the
package contains that hazardous material, its residue, or it is
excepted in accordance with paragraph (b) of the section. PHMSA
proposes to add paragraph (b)(4) to permit the continued display of the
``BIOHAZARD'', ``HOT'', or sour crude oil markings when the hazardous
material is no longer present. Section 172.502(b)(2) currently
authorizes this continued display, as the section specifies that the
display of a ``BIOHAZARD'', ``HOT'', or sour crude oil marking is not a
prohibited placard. However, because Sec. 172.303 does not include a
matching provision to allow for the continued display of the
``BIOHAZARD'', ``HOT'', or sour crude oil markings, there may be
potential confusion. Therefore, to provide regulatory clarity and to
reinforce the current authorization, PHMSA proposes the editorial
revision in Sec. 172.303 to mirror the allowance in Sec. 172.502.
Section 172.328
Section 172.328 details cargo tank marking requirements. Paragraph
(d) requires that after October 3, 2005, each on-vehicle manually
activated remote shutoff device for closure of the internal self-
closing stop valve must have ``Emergency Shutoff'' marked on the cargo
tank.
PHMSA proposes to add a paragraph title of ``Emergency shutoff
marking'' to paragraph (d) to clarify that the paragraph relates to
emergency shutoff markings. The Office of Federal Register Document
Drafting Handbook provides instruction that when one section paragraph
has a heading, all of the other paragraphs in the section should as
well. As the other paragraphs in Sec. 172.328 have headings, this
editorial proposal ensures conformity with the Office of Federal
Register Drafting Document Handbook.
PHMSA proposes to further revise paragraph (d) editorially. First,
PHMSA proposes to remove the compliance date of October 3, 2005, from
paragraph (d). As this date has passed, there is no need for the
compliance date to remain in the paragraph. PHMSA also proposes to add
introductory language to this paragraph to specify that the emergency
shutoff marking is only required for cargo tank motor vehicles subject
to emergency remote shutoff device requirements under the HMR. This is
not intended to add any new regulatory requirements; instead, it is
added to clarify editorially the applicability of the paragraph.
Lastly, PHMSA proposes to require that the emergency shutoff
marking requirement applies to both internal and external self-closing
stop valves, instead of just internal self-closing stop valves. This
proposal addresses a potential safety gap where an external self-
closing stop valve is on the cargo tank, but it is not appropriately
marked. Thus, both internal and external self-closing stop valves can
be appropriately identified and activated during a hazardous material
incident, which leads to an increase in safety.
Section 172.336
Section 172.336 outlines special provisions for the display of UN
ID numbers. PHMSA proposes to revise the Sec. 172.336(c) table, which
provides scenarios where UN ID numbers are either not required or an
exception applies. As discussed in ``Section II.D. Cargo Tank Marking
for Petroleum Distillate Fuels,'' PHMSA proposes to add a sixth row to
the table to authorize display of the UN ID number representing the
petroleum distillate fuel with the lowest flash point that is
[[Page 85612]]
transported in a cargo tank in different trips on the previous or
current business day. However, due to different emergency response
procedures, PHMSA also proposes that the exception is not applicable
when the cargo tank transports gasoline and alcohol fuel blends
consisting of more than 10% ethanol. This is consistent with the
current requirements in the fifth row of the table. Specifically, PHMSA
proposes that in this circumstance, the UN ID numbers ``3475'' or
``1987'' must also be displayed, as appropriate, and the cargo tank may
only display ``3475'' or ``1987'' when the material is in the cargo
tank. Therefore, if the liquid petroleum distillate fuel with the
lowest flash point transported in the cargo tank in different trips on
the previous or current business day is a gasoline and alcohol fuel
blend consisting of more than 10% ethanol, and it is not being
transported in the cargo tank, ``3475'' or ``1987'' may not be
displayed on the cargo tank. In this scenario, the cargo tank should
display either the UN ID number of the liquid petroleum distillate fuel
with the next lowest flash point transported in different trips on the
previous or current business day or the liquid petroleum distillate
fuel that is being transported.
Lastly, PHMSA proposes to specify that the exception in the fifth
row only applies to compartmented cargo tanks and compartmented tank
cars. This will distinguish clearly the fifth and sixth row exceptions.
The fifth row authorizes the display of the UN ID number of the
petroleum distillate fuel with the lowest flash point when the cargo
tank or tank car contains more than one petroleum distillate fuel. The
fifth-row exception is only possible when the cargo tank or the tank
car is compartmented (i.e., it has multiple compartments each with a
different petroleum distillate fuel). Therefore, PHMSA proposes to
remove the term ``cargo tank'' to indicate clearly the exception only
applies to ``compartmented cargo tanks or compartmented tank cars.''
Section 172.504
Section 172.504 prescribes the general requirements for placarding.
Paragraph (b) authorizes the use of the ``DANGEROUS'' placard when
transporting two or more categories of hazardous materials that require
a different placard specified in table 2 of Sec. 172.504(e). PHMSA
proposes to prohibit the use of the ``DANGEROUS'' placard to describe
multiple categories of hazardous materials being transported by vessel.
PHMSA and USCG identified vessel operator confusion with the display of
the ``DANGEROUS'' placard because the ``DANGEROUS'' placard is not
authorized in the IMDG Code. It is advantageous to harmonize the HMR
with the IMDG Code to promote efficient vessel transportation by
removing the authorization to use this placard. Furthermore, the
``DANGEROUS'' placard may not provide adequate information on the
hazardous materials inside the container for emergency response onboard
vessels. PHMSA and USCG experience is that it is also very rare for the
``DANGEROUS'' placard to be displayed on a freight container for vessel
transportation. Therefore, PHMSA proposes to add this limitation in a
new paragraph (b)(2), while also moving the existing usage limitation
for the ``DANGEROUS'' placard (over 2,205 lbs. aggregate gross weight
or more of one category of material is loaded at one loading facility)
to a new paragraph (b)(1). Please note that ``DANGEROUS'' placards may
continue to be appropriately used for highway or rail transportation,
when applicable, prior to, or after, the portion of transportation by
vessel.
Section 172.516
Section 172.516 details the visibility and display of placards,
including paragraph (d), which specifies that the recommended placard
holder specifications are set forth in Appendix C. PHMSA proposes to
revise the size of the recommended placard holder dimensions in
Appendix C to part 172. As detailed in ``Section IV. Section-by-Section
Review; Part 172; Appendix C to Part 172,'' the recommended placard
holder that is currently authorized in the HMR may continue to be used,
even if the revised placard holder in Appendix C to part 172 is adopted
in a final rule. However, to ensure that there is no confusion with
this allowance, PHMSA proposes to revise Sec. 172.516(d) to add a
reference to the placard holder authorized in Appendix C prior to a
final rule effective date as an authorized placard holder.
Section 172.704
Section 172.704 details HMR training requirements. Paragraph (a)(2)
includes requirements for function-specific training. PHMSA proposes to
add paragraph (a)(2)(iii) to reference Sec. 177.816 for highway
transportation function-specific training. This new paragraph will help
to provide regulatory clarity and ensure those persons transporting
hazardous materials by highway meet the function-specific training in
Sec. 177.816, without adding any additional requirements.
Section 172.704(e)(1) excepts a hazmat employee from the paragraph
(a)(3) safety training when the hazmat employee repairs, modifies,
reconditions, or tests packagings, as qualified for use in the
transportation of hazardous materials, and who does not perform any
other function in the HMR. PHMSA proposes to revise paragraph (e)(1) to
add an exception from the security awareness training requirement in
paragraph (a)(4). Final rule HM-126F,\33\ added training requirements
to the HMR, including the exception from safety awareness training in
paragraph (e)(1). Security awareness training was not included in the
exception because the requirement for security awareness training was
not added to the HMR until RSPA published final rule HM-232.\34\ In HM-
232, RSPA provided the following reasoning for the need of security
awareness training:
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\33\ 20 FR 20944 (May 15, 1992).
\34\ 68 FR 14510 (Mar. 25, 2003).
Because many hazardous materials transported in commerce may
potentially be used as weapons of mass destruction or weapons of
convenience, it is critical to the assurance of public safety that
training for persons who offer and transport hazardous materials in
---------------------------------------------------------------------------
commerce include a security component.
While HM-232 provides a need for security awareness training, RSPA
did not comment on whether it intended to exclude security awareness
training from the exception in paragraph (e)(1). PHMSA affirms that
security awareness training is essential to ensure that hazardous
materials are transported in commerce safely. However, upon review,
PHMSA acknowledges that the burden of security awareness training
imposed on hazmat employees who only manufacture, repair, modify,
recondition, or test packagings, and do not perform any other function
subject to the HMR, may not present the same security benefit as for
those who directly offer or transport hazardous materials. PHMSA
expects that the packagings a hazmat employee manufactures, repairs,
modifies, reconditions, or tests are empty and free of hazardous
materials, and we seek comment on this expectation. As described in HM-
232, the creation of security awareness training was related to
concerns about hazardous materials transported in commerce being used
as weapons of mass destruction or weapons of convenience. A hazmat
employee whose sole hazmat function is qualifying a packaging would not
interact with a hazardous material that could be used as a weapon;
therefore, PHMSA does not expect a reduction in
[[Page 85613]]
security by providing these employees an exception from security
awareness training. Therefore, PHMSA proposes to add the security
awareness training of paragraph (a)(4) to the paragraph (e)(1)
exception for persons performing only repairs, modifications,
reconditioning, or testing of packagings and no other functions subject
to the HMR.
Additionally, PHMSA proposes to expand the eligibility of hazmat
employees excepted from safety and security training to include package
``manufacturers.'' In review of paragraph (e)(1), it was determined
that package manufacturers were unintentionally excluded from this
exception and including package manufacturers to this exception ensures
the paragraph conforms to guidance previously issued by PHMSA.\35\
Therefore, PHMSA proposes to include package ``manufacturers'' among
the list of hazmat employees excepted from safety and, as proposed,
security awareness training. Although these changes broaden the
population of persons excepted from safety and security awareness
training, PHMSA expects the safety and security of hazardous materials
transportation will be maintained because of this training's primary
focus on persons who offer or transport hazardous materials.
---------------------------------------------------------------------------
\35\ See Letter of Interpretation Reference No. 05-0064: https://www.phmsa.dot.gov/regulations/title49/interp/05-0064.
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Section 172.820
Section 172.820 outlines additional security plan requirements for
certain hazardous materials transported by rail. The requirements for a
rail carrier to identify and analyze practicable alternative routes are
specified in paragraph (d). As currently written, there is no
instruction provided for a situation where no alternative routes exist.
Therefore, PHMSA proposes to revise paragraph (d) to provide an
exception from the requirement to conduct an alternative route
analysis, when no practicable alternative routes exist, including
consideration of interchange agreements. The rail carrier must
describe, in writing, the remediation or mitigation measures to be
implemented, if any, on the primary route in conformance with Sec.
172.820(d)(1)(iii) and certify that an alternative route does not exist
for a given primary route. For example, a shortline railroad with only
one possible route to move material subject to Sec. 172.820 is not
required to analyze alternative routes owned by other railroads. HMIWG
discussed the proposed paragraph (d)(3) at its August 16-17, 2016,
meeting. The proposed language was approved by consensus vote at the
May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects safety will be maintained as a result of
this proposal, because it is not possible to conduct an alternate route
analysis where no alternate route(s) exist. In this NPRM, we propose a
minor revision to the proposed text of (d)(3) to indicate that the
exception applies to the requirements of (d)(1) and (d)(2).
Appendix C to Part 172
Appendix C to part 172 specifies the dimensions for a recommended
placard holder. PHMSA proposes to revise the recommended placard holder
drawing from a one-side minimum dimension of 273 mm (10 \3/4\ inch) to
250 mm (9.84 inch). This revised dimension meets the current minimum
placard size in Sec. 172.519(c). In final rule HM-218F,\36\ PHMSA made
miscellaneous amendments to update and clarify certain regulatory
requirements, including amending the placard dimensions in Sec.
172.519(c) to harmonize with international standards. Specifically, HM-
218F revised the dimensions of a placard from at least 273 mm (10.8
inches) on each side to the current dimension of at least 250 mm (9.84
inches) on each side. However, when the revision was made to Sec.
172.519(c), an accompanying revision to the recommended placard holder
dimensions in Appendix C to part 172 was not made. This has resulted in
placard holders that may not correctly fit placards thereby, creating
the potential for certain communication elements of the placard to be
obscured. To prevent this potentially unsafe and noncompliant
situation, PHMSA proposes to reduce the dimensions of the recommended
placard holder with revised dimensions that are consistent with the
current minimum placard dimension of 250 mm (9.84 inches) on each side,
because hazard communication information may be obscured. Appendix C
provides only recommended dimensions. A larger version of a placard
holder suitable for larger placards may continue to be used since the
side dimensions for the placards and placard holders are a minimum
specification.
---------------------------------------------------------------------------
\36\ 76 FR 43510 (Jul. 20, 2011).
---------------------------------------------------------------------------
Part 173
Section 173.31
Section 173.31 prescribes the requirements for use of tank cars.
Paragraph (a)(2) specifies that tank cars and appurtenances may be used
for the transportation of any commodity for which they are authorized
and as specified on the certificate of construction. PHMSA proposes to
revise paragraph (a)(2) in conformance with the proposal to replace AAR
TCC approval with tank car DCE approval. Specifically, PHMSA proposes
to indicate that tank cars and appurtenances may be used for the
transportation of the commodity specified on the DAC, while also
providing a one-year transition period during which certificates of
construction may still be issued. Existing tank cars approved for use
by the AAR TCC may continue in use for the rest of their authorized
life pursuant to their existing AAR Form 4-2 certificate of
construction, subject to periodic qualification as required by part 180
subpart F. Additionally, PHMSA proposes to replace the reference to the
AAR TCC approval with approval by a tank car DCE, consistent with the
other proposed changes.
Section 173.31(d) outlines the requirements for examination of a
tank car prior to shipping. Review of incident data involving non-
accident hazardous materials releases from tank cars indicates that
most releases occur because of improperly secured closures on tank
cars. Additionally, the majority of those failures occur at the manway
cover due to a failure to secure the manway in accordance with the
equipment owner and gasket manufacturer closure instructions, including
the bolt securement sequences, tools, and torque specifications.
Currently, there is no requirement in the HMR that offerors of tank
cars containing hazardous materials develop and implement closure
procedures that are consistent with the industry standards and Original
Equipment Manufacturer (OEM) recommendations. However, the HMR does
require manufacturers of other packagings, namely those specified in
part 178, to forward closure instructions to each person to which the
package is transferred, and that each person who closes those
packagings must do so in accordance with the manufacturer's closure
instructions.
Therefore, in the interest of improving safety and consistency with
requirements for closures for part 178 packaging types, PHMSA proposes
several amendments to Sec. 173.31(d). For clarity, PHMSA proposes to
amend the format of paragraph (d) by revising the paragraph title to
read ``pre-transportation closure, securement, and examination of tank
cars'' and providing each paragraph a title. PHMSA proposes
[[Page 85614]]
additional substantive amendments by adding introductory text on the
expectations of offerors prior to transportation, and by adding
regulatory text to require a closure and securement procedure including
a two-year periodic review of the procedure. As proposed, offerors must
develop and maintain a written procedure for closing and securing all
tank car openings. PHMSA and FRA expect that offerors will use
available best practices and guidance from packaging and component
manufactures in development of these procedures. These proposed changes
to Sec. 173.31(d) are designed to ensure that minimum standards for
closures and their securement on tank cars are implemented to prevent
releases of hazardous material. Rail carriers, rail hazmat shippers,
equipment owners, and manufacturers all have a vested interest in
ensuring tank cars are routinely operated and closed in a reliable and
repeatable manner that is consistent with industry standards and OEM
recommendations. PHMSA and FRA expect that this regulatory change will
result in a net benefit to safety by ensuring proper securement of tank
car closures, thus reducing the number of hazardous material releases
by rail. Reduction in releases will have a positive impact on the
environment, including potential reductions in greenhouse gas
emissions.
Section 173.31(g) outlines the requirements for tank car loading
and unloading. The proposed changes to Sec. 173.31(g) are intended to
clarify the requirements for tank car unloading by adopting language
from long-standing PHMSA letters of interpretation.\37\ These letters
of interpretation explain that the intent of paragraph (g) is to ensure
the entry to a track where a tank car is being loaded or unloaded is
secured. The proposed revisions to Sec. 173.31(g) clarify that the
mechanism used to satisfy securement should be under the direct control
of the loading or unloading operator and locked in place so that it can
only be removed by the employee responsible for the product transfer.
The mechanism should also be capable of stopping or diverting incoming
rail equipment to prevent contact with the tank car being offloaded
(e.g., lined and locked switch or derail). The example of bumper blocks
in the current requirements of paragraph (g)(1) are proposed to be
removed because, as discussed at HMIWG meeting, the majority of
companies subject to this requirement accomplish compliance with the
use of a derail or a switch. Additionally, PHMSA and FRA have concerns
that some bumper blocks do not satisfy the requirements of the
paragraph. Bumper blocks may continue to be used to meet the
requirements of paragraph (g) provided they provide an equivalent level
of security to lining and locking switches or using derails, but PHMSA
proposes not to specifically call out bumper blocks as an option in
paragraph (g). Lastly, in new paragraphs (g)(1)(i)(A)-(D), PHMSA
proposes to clarify the performance of track securement operations in
association with loading or unloading of tank cars to account for
circumstances in which the securement may be temporarily removed for
necessary intra-plant repositioning of rail cars. The proposed
requirements in (g)(1)(i)(A)-(D) align with current industry practice
and are intended to protect railroad personnel and the tank car being
loaded or unloaded from interaction with other rail cars undergoing
switching in intra-plant operations that would otherwise be delayed or
obstructed without the possibility of temporarily removing measures for
securement of the track. The final recommended language was approved by
consensus vote at the May 25, 2017, RSAC meeting and offered to PHMSA
and FRA for consideration.
---------------------------------------------------------------------------
\37\ See PHMSA Letters of Interpretation Gale to Ross, May 31,
2006 (Reference No. 06-0058: https://www.phmsa.dot.gov/regulations/title49/interp/06-0058) and Foster to Rodgers, October 11, 2018
(Reference No. 18-0032: https://www.phmsa.dot.gov/regulations/title49/interp/18-0032).
---------------------------------------------------------------------------
Section 173.150
Section 173.150 details exceptions for Class 3 (flammable and
combustible liquids) hazardous materials. Paragraph (f)(3) provides an
exception for combustible liquids transported in bulk packaging or
combustible liquids meeting the definition of a hazardous substance,
hazardous waste, or a marine pollutant. In Sec. 173.150(f)(3)(viii),
PHMSA proposes to add a reference to Sec. 177.837(c). This is a
conforming amendment to the proposed requirement in Sec. 177.837(c) to
require bonding and grounding for the transfer of lading for
combustible liquids or flammable liquids reclassified as combustible
liquids in cargo tanks. PHMSA expects that for the safe transportation
of combustible liquids in cargo tanks, bonding and grounding
requirements should apply when taking the exception in Sec.
173.150(f). See ``Section IV. Section-by-Section Review; Part 177;
Section 177.837'' for additional discussion.
Section 173.159
Section 173.159 details packaging requirements and exceptions for
the transportation of wet batteries (i.e., electric storage batteries,
commonly of the rechargeable type, that contain a liquid electrolyte
component that is corrosive). Paragraph (e) specifies that the
transportation of wet batteries by highway and rail is excepted from
the requirements of HMR when transported in accordance with conditions
outlined in this paragraph. Over the past 10 years, over 700 incidents
involving the transportation of wet batteries have been reported due to
improper preparation of batteries for transportation. Not all of the
referenced incidents are associated with the transportation of wet
batteries in accordance with paragraph (e), but incidents involving the
transportation of wet batteries under other provisions are still
relevant to the transportation of wet batteries under paragraph (e)
because they show what may occur when wet batteries are not properly
prepared for transportation.
Many of these incidents involved a release of corrosive battery
fluid from wet batteries because of load shifting or falling over while
in transportation. Through inspections, PHMSA identified that improper
loading, securement, and transportation of wet batteries likely caused
a number of these incidents. Therefore, PHMSA proposes to add more
specificity in the provisions of Sec. 173.159(e) to clarify the
expectations for load securement of the batteries shipped under this
provision and ensure the safe transportation of wet batteries. This
increased clarification will enhance the safety of transport of wet
batteries and reduce the number of incidents resulting from improper
load securement and transportation. In addition, PHMSA notes that it is
the responsibility of all persons conducting transportation functions,
including loading and unloading, to ensure proper compliance with Sec.
173.159(e), and if there is a violation, PHMSA, along with any
respective modal administration, will attempt to identify and bring any
enforcement proceeding against the person who did not comply with Sec.
173.159(e).
Paragraph (e)(2) currently requires that wet batteries be loaded or
braced to prevent damage and short circuits in transit. This provision
has been in the HMR since its inception, as originally codified in
1956.\38\ Although load securement is not specifically mentioned in
paragraph (e)(2), securing hazardous materials against shifting under
normal transportation conditions is a basic hazardous materials
transportation safety requirement. For transportation by highway and
rail,
[[Page 85615]]
packages containing hazardous materials are required to be secured
against shifting while in transportation in accordance with Sec. Sec.
177.834 and 174.55, respectively. This requirement protects hazardous
materials, including wet batteries, from falling over or spilling under
normal transportation conditions, preventing damage and short circuits
during transportation. After evaluation of the aforementioned incidents
involving wet batteries, PHMSA proposes to amend the language of Sec.
173.159(e)(2) to include securement of the batteries to enhance the
safe transportation of wet batteries shipped under this exception.
Specifically, PHMSA proposes to clarify that loading or bracing of wet
batteries includes securing wet batteries against shifting while in
transit. In addition, and similar to Sec. Sec. 177.834 and 174.55,
PHMSA proposes to indicate that securement against shifting includes
relative motion between packages, under conditions normally incident to
transportation. PHMSA expects this language will help prevent damage to
batteries while in transportation and possible release of their liquid
contents. While ``method of securement'' is not defined in the HMR,
PHMSA has issued Letters of Interpretation regarding securement
methods. For example, in Letter of Interpretation Ref. No. 19-0039,\39\
PHMSA specifies that various methods for securement include tie-downs,
using dunnage or other cargo, shoring bars, jack bars, or toe-boards.
Furthermore, Letter of Interpretation Ref. No. 11-0198 \40\ includes
banding in this list. This is not an exclusive list; instead, these
demonstrate potential methods for securement to prevent shifting,
including relative motion between packages. In addition, the use of one
of these methods is only satisfactory when there is securement against
shifting, including relative motion, under conditions normally incident
to transportation. Lastly, PHMSA notes that for highway transportation,
the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 350-
399), specifically part 393 subpart I--Protection Against Shifting and
Falling Cargo--details requirements for the prevention of loss and
shifting of load.
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\38\ 21 FR 4432 (June 23, 1956).
\39\ See Letter of Interpretation Reference No. 19-0039: https://www.phmsa.dot.gov/regulations/title49/interp/19-0039.
\40\ See Letter of Interpretation Reference No. 11-0198: https://www.phmsa.dot.gov/regulations/title49/interp/11-0198.
---------------------------------------------------------------------------
PHMSA also identified instances where persons offer for
transportation or transport wet batteries as unregulated shipments,
even though they are still subject to the provisions of the HMR under
Sec. 173.159(e). While these shipments are not subject to many of the
HMR provisions, including Sec. 172.704 training requirements, a person
who is complying with Sec. 173.159(e) must still know and understand
the applicable requirements in order to safely transport wet batteries.
This applies to both shippers and carriers, including those persons who
load, unload, or transport wet batteries in accordance with Sec.
173.159(e). However, because persons engaged in this operation have
been shown not to be aware of the specific provisions, PHMSA proposes
to revise paragraph (e) to specify that ``the offeror must inform
persons loading the batteries and the operator of the vehicle
transporting batteries of the requirements of this paragraph.'' PHMSA
expects that this will enhance the safe transportation of wet batteries
under Sec. 173.159(e) and add only minimal burden because, as
previously mentioned, being aware of the requirements of Sec.
173.159(e) is necessary for a person to properly apply the exception.
This proposed text reinforces that a person must be aware of the
requirements to properly perform said requirements. In order to
accommodate the proposed language, we propose to redesignate the
language currently located in paragraph (e)(5), requiring compliance
with incident reporting, to new paragraph (e)(6), and moving the
conjunction ``and'' to connect (e)(5) and (e)(6).
Sections 173.241, 173.242, and 173.247
Sections 173.241, 173.242, and 173.247 are bulk packaging
authorization sections for low hazard, medium hazard, and elevated
temperature liquid and solid materials, respectively. Each section
authorizes AAR specification tank cars for the transportation of
hazardous materials. Section 173.241 authorizes AAR Class 203W, 206W,
and 211W tank cars, Sec. 173.242 authorizes AAR Class 206W tank cars,
and Sec. 173.247 authorizes AAR Class 203W, 206W, and 211W tank cars.
However, the specifications for these packages are not found in the
HMR; they are found in Chapter 3 of the AAR Specifications for Tank
Cars. In order to ensure that no changes are made to the construction
specifications of these hazmat packagings without PHMSA and FRA review,
PHMSA proposes to incorporate by reference the 2014 edition of Chapter
3 of the AAR Specifications for Tank Cars into each section. AAR Class
203W, 206W and 211W tank cars currently in service may remain in use,
provided they continue to meet the specification to which they were
constructed. PHMSA proposes a transition period of one year from the
effective date of the final rule for compliance with the 2014 edition
of the AAR Specifications for Tank Cars for new-build AAR specification
203W, 206W, and 211W tank cars.
Section 173.241
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.242
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.247
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.314
Section 173.314 specifies packaging for compressed gases
transported by a tank car or a multi-unit tank car. Paragraph (b)(4)
currently indicates that the term ``approved'' for purposes of the
section means approval by the AAR TCC. PHMSA proposes to remove and
reserve paragraph (b)(4). The language in (b)(4) is an outdated
holdover from an earlier regulatory structure, since tank car
specification requirements are now found in Part 179, rather than Part
173. Therefore, we propose to remove and reserve (b)(4), consistent
with other proposed changes.
Section 173.315
Section 173.315 describes the requirements for the transportation
of compressed gases in cargo tanks and portable tanks. Paragraph (h)
specifies gauging device requirements for cargo tanks and portable
tanks. PHMSA proposes a minor editorial amendment in paragraph (h) to
reference paragraph (e) for a tank filled by weight. This proposed
change helps to ensure consistent application of the requirement and
provides additional clarity which will enhance safety.
Paragraph (i) provides cargo tank and portable tank requirements
for pressure relief devices, with paragraph (i)(13) detailing the
specifications for safety relief valves on chlorine cargo tanks. PHMSA
proposes to revise Sec. 173.315(i)(13) to replace the reference to
specific PRD drawings with a general reference to CI Pamphlet 49 for
authorized safety relief valves. This proposal allows the use of the
Midland PRD in addition to the Crosby PRD on
[[Page 85616]]
cargo tanks transporting inhalation hazards to provide additional
regulatory flexibility without reducing safety. See ``Section II.E. P-
1712'' or ``Section IV. Section-by-Section Review; Part 171; Section
171.7'' for further discussion on this proposed change.
Paragraph (j) details packaging requirements for consumer storage
containers used for liquefied petroleum gas. Paragraph (j)(1) provides
requirements for storage containers for liquefied petroleum gas or
propane charged to five percent of their capacity or less and intended
for permanent installation on consumer premises. PHMSA proposes to
remove the reference to propane as an editorial amendment. Propane is a
type of liquefied petroleum gas and therefore, a specific reference to
propane is unnecessary and redundant. Furthermore, as paragraphs (j)(2)
and (3) do not include a reference to propane (only refers to liquefied
petroleum gas) a reader could mistakenly assume that propane is not
eligible for these storage container requirement sections, which is not
the case since propane is a liquefied petroleum gas. Therefore, PHMSA
expects this proposed amendment will clarify the regulatory
applicability of paragraph (j).
Paragraph (m) details the general requirements for cargo tanks used
exclusively in husbandry service that are commonly known as nurse
tanks. On behalf of FMCSA, the Iowa State University is conducting a
multi-year research project related to the occurrence and potential
methods of reducing anhydrous ammonia (NH3) nurse tank
failures.\41\ The December 2013, final report of Phase II of the
project titled, ``Testing and Recommended Practices to Improve Nurse
Tank Safety,'' recommended that post-weld heat treatment (annealing)
should be performed on all new nurse tanks as a part of the
manufacturing process to reduce the occurrence of stress corrosion
cracking failure.\42\ Consistent with this recommendation and to ensure
safe transportation of hazardous materials in nurse tanks, PHMSA
proposes to add paragraph (m)(1)(viii) requiring that all nurse tanks
manufactured 90 days after the effective date of a final rule be stress
relieved through full post-weld heat treatment. In addition, this
proposal addresses, in part, NTSB Safety Recommendation H-04-023 that
was issued as a result of an incident involving the release of
anhydrous ammonia because of a failed nurse tank.\43\ FMCSA notes that
the two major manufacturers of nurse tanks are already performing full
post-weld heat treatment on their cargo tanks, thus this new
requirement will primarily provide PHMSA oversight by including it as a
condition to allow the use of a non-DOT specification cargo tank for
transportation of anhydrous ammonia. This proposed requirement ensures
that this additional safety measure will be implemented by both current
and new nurse tank manufacturers.
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\41\ https://www.fmcsa.dot.gov/regulations/hazardous-materials/cargo-tank-safety.
\42\ The report is available at: https://rosap.ntl.bts.gov/view/dot/163.
\43\ https://data.ntsb.gov/carol-main-public/basic-search.
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Paragraph (n)(1) details the required emergency discharge control
equipment for cargo tank motor vehicles in liquefied compressed gas
service. During FMCSA industry workshops, stakeholders have noted that
this table is confusing. Therefore, PHMSA proposes to reformat
information in the table in paragraph (n)(1) for ease of understanding.
This includes separating out current regulatory requirements unique to
certain scenarios and adding an additional column to specify
requirements when there are obstructed view deliveries under Sec.
177.840(p). PHMSA does not intend to make any substantive changes to
existing requirements in this table, however we are adding information
from Sec. 177.840(p) into the table to increase usability. PHMSA
invites comments on the usability of the reformatted table. We believe
reformatting the table will reduce confusion, which will lead to
increased compliance and therefore an improved level of safety.
Section 173.320
This section details exceptions for the transportation of cryogenic
liquids. Subject to certain requirements, paragraph (a) provides an
exception from the requirements of the HMR for atmospheric gases and
helium, cryogenic liquid in Dewar flasks, insulated cylinders,
insulated portable tanks, insulated cargo tanks, and insulated tank
cars, transported by motor vehicle or railcar. Paragraph (b) provides
an additional exception for certain atmospheric gases and helium. PHMSA
proposes to revise paragraph (a) for ease of understanding, with no
substantive impact to the current provisions of the paragraph. In
addition to editorial amendments, PHMSA proposes to revise the
packaging type of an insulated cargo tank to a ``cargo tank motor
vehicle,'' as this is more appropriate terminology describing the
completed transportation package. This amendment will increase the
clarity of the regulations, leading to greater compliance and
increasing safety.
Specifically, PHMSA proposes to remove the phrase ``atmospheric
gases and helium'' in paragraphs (a) and (b). Furthermore, PHMSA
proposes to consistently reference ``cryogenic liquids authorized to
use this section by Column 8(A) of the Sec. 172.101 Hazardous
Materials Table of this subchapter'' in both paragraphs (a) and (b).
This proposed change also makes the section more consistent with the
HMR, removing any ambiguity between whether a material is an
atmospheric gas and if it is afforded an exception in this section.
PHMSA intends that this proposed change be editorial and not make any
substantive revisions to the current regulatory requirements. This
increased clarity will lead to less confusion and thus, enhance safety.
The cryogenic liquids assigned ``320'' in Column 8(A) of the Sec.
172.101 Hazardous Materials Table are the same as the materials defined
as ``atmospheric gases'' in Sec. 171.8, except that ``320'' is also
assigned to two ``not otherwise specified'' (``n.o.s'') entries, UN3158
and UN3311. PHMSA seeks comment on this change, and whether there are
materials classified as ``UN3158 Gas, refrigerated liquid, n.o.s. 2.2''
or ``UN3311 Gas, refrigerated liquid, oxidizing, n.o.s. 2.2 (5.1)''
that are composed of a gas or gas mixture other than air, nitrogen,
oxygen, argon, krypton, neon, xenon, or helium.
Part 174
Section 174.9
Section 174.9 identifies inspection requirements for rail cars at
locations where a hazardous material is accepted for transportation or
placed in a train. Paragraph (a) includes specifics on carrier
inspection requirements. PHMSA proposes an editorial amendment in
paragraph (a) to indicate more clearly that the inspections performed
in Sec. 174.9 are in conjunction with those required in 49 CFR parts
215 and 232 for identification of defective freight car components and
brake systems, respectively. Currently, the text refers readers to
parts 215 and 232 ``of this title.'' PHMSA believes it will be clearer
to the reader if we replace ``this title'' with ``49 CFR'' parts 215
and 232.
Furthermore, the current language in Sec. 174.9 does not
specifically address situations where a train is seen departing a
location with readily apparent improper hazard communication, unapplied
closures, or leaking hazardous materials. In order to address this
situation, PHMSA proposes to add paragraph (e) to specify that in
[[Page 85617]]
the event of the observation of a train with readily apparent improper
hazard communication, unapplied closures, or leaking hazardous
materials, it will be presumed that the rail car was not inspected
properly by the carrier. During the June 8-9, 2016, HMIWG RSAC meeting,
PHMSA noted that hazard communication includes communication such as
placards, markings, and stenciling. The final recommended language was
approved by consensus vote at the May 25, 2017, RSAC meeting and
offered to PHMSA and FRA for consideration. PHMSA expects the addition
of paragraph (e) will increase compliance with the HMR's existing
closure securement and hazard communication requirements, and therefore
increase safety.
Section 174.14
Section 174.14 requires that hazardous material shipments be
expedited to within 48 hours upon acceptance at the originating
location, commonly known as the ``48-hour rule.'' The purpose of this
requirement is to ensure that rail cars carrying hazardous materials
are not held for long periods of time, hazardous material
transportation is moving forward continuously, and rail cars that are
being delayed are not being used for storage purposes. Currently, Sec.
174.14 does not allow any exceptions to the 48-hour rule when the
receiving facility is not capable of receiving the shipment. During the
August 27-28, 2013, FRA public meeting and the June 8-9, 2016, HMIWG
meeting, it was noted that FRA uses enforcement discretion with regard
to the 48-hour rule in certain cases, such as delays due to inadequate
space in a consignee facility or situations where the shipment contains
only the residue of a hazardous material, to avoid unnecessary
shuttling of hazmat cars to and from local railyards to comply with the
regulation.
In order to align the HMR with FRA's enforcement discretion
practices, PHMSA proposes new paragraphs (a)(1) through (3) to add
exceptions for specific scenarios when circumstances preclude delivery
to the consignee destination or when the shipment contains only the
residue of a hazardous material. In addition, PHMSA proposes to revise
paragraph (a) to add a recordkeeping requirement for the rail carrier
to document the reason for the delay. This record can be in a paper or
electronic form. PHMSA and FRA note that it is not the intention to
require a rail carrier to create a new recordkeeping system if one
meeting the proposed requirements is already in place. PHMSA and FRA
also propose an editorial revision to remove ``transfer stations'' from
paragraph (a), as this is an obsolete reference. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration. PHMSA expects
the formalization of existing FRA enforcement discretion related to the
48-hour rule will maintain the current level of safety of rail
transportation while affording rail carriers greater flexibility within
the scope of the expedited movement.
Note that in the revised language of Sec. 174.14 offered by the
RSAC to PHMSA and FRA for consideration, a fourth exception was
included that would have created an exception to the 48-hour rule for
shipments delivered to the final destination on a shipping paper. In
accordance with Sec. 171.1(c)(4)(i)(B), rail cars delivered to the
final destination marked on the shipping paper, but on track that is
not a ``private track or siding,'' are still in transportation. The
RSAC language offered to PHMSA and FRA for consideration in paragraph
(a)(4) would then except shipments delivered to non-private track from
expedited movement, and they could remain on the track, ``in
transportation,'' indefinitely. It was not FRA or PHMSA's intent to
authorize such activity in the HMR. Therefore, the RSAC-approved fourth
option (i.e., a paragraph (a)(4)) is not being proposed. Shipments of
hazardous material that have been delivered to their final destination
on a private track or siding are not ``in transportation,'' (see Sec.
171.1) and therefore are not subject to the 48-hour rule.
Section 174.16
Section 174.16 specifies requirements for delivery of certain
hazardous materials at agency stations. In current operations, rail
cars carrying hazardous materials covered under Sec. 174.16 no longer
deliver these types of materials to agency stations, which no longer
exist. As was noted by AAR at the August 27-28, 2013, FRA public
meeting, hazardous materials currently covered under Sec. 174.16 are
unloaded at the rail car facility where they are delivered. If the
hazardous material is not picked up by the consignee or the shipment is
rejected, the delivering carrier obtains disposition instructions from
the offeror of the shipment. To address the change in rail carrier
operations and in an effort to remove language that is no longer
applicable to current operations, PHMSA proposes to remove and reserve
this section. PHMSA notes that any additional transportation of these
materials must comply with all applicable regulations. The decision to
remove and reserve this section was approved by consensus vote at the
May 25, 2017 RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects that removing this obsolete provision will
increase the clarity of the HMR for carriers dealing with shipments
rejected or not picked up.
Section 174.20
Section 174.20 outlines the allowance for a rail carrier to impose
local or carrier restrictions for hazardous materials when acceptance,
transportation, or delivery is unusually hazardous. At the August 27-
28, 2013 FRA public meeting, AAR proposed that paragraph (a) be deleted
as it was redundant and covered in the language from paragraph (b).
However, following further review, AAR proposed at the June 8-9, 2016
RSAC meeting that the entire section be deleted as the requirements
should be left up to individual carriers, and that reporting to the
AAR's Bureau of Explosives is not necessary. PHMSA agrees and proposes
to remove and reserve the section in its entirety. The decision to
remove and reserve this section was approved by consensus vote at the
May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects removing this section will not adversely
impact safety because rail carriers will still be able to make a
determination that local conditions make the acceptance,
transportation, or delivery of hazardous materials unusually hazardous.
Section 174.24
This section details requirements for the acceptance of shipping
papers by a carrier and shipping paper retention requirements.
Paragraph (b) specifies that a shipping paper must be made available to
an authorized official of a Federal, State, or local government agency
at a reasonable time and location. However, there is no further
specificity on what is meant by a ``reasonable time.'' In an effort to
clarify the requirements, PHMSA proposes to revise paragraph (b) and
indicate that the shipping paper must be provided at reasonable times
and locations, ``but no later than the close of business the following
business day from the time of the request in non-emergency
circumstances.'' The proposed language still mandates that the
documentation be made available to inspectors at a ``reasonable time
and location,'' so when the information is readily available at the
time that an inspector requests it, PHMSA and FRA expect that
[[Page 85618]]
it shall be provided at that time, as it has been historically. For
non-emergency document requests that are for past shipments (e.g.,
shipments made weeks/months ago), or for all shipments made by a
particular shipper or in a particular car, the RSAC reached consensus
that a reasonable deadline would be close of business the following
business day.
During the May 5 and June 8-9, 2016, HMIWG meetings, there was in-
depth discussion to determine the most appropriate timeframe that a
carrier would be able to provide the shipping paper information in non-
emergency situations. One business day was proposed as an alternate to
a much shorter time, such as 30 minutes. One business day also
addresses the needs of railroads that only operate Monday through
Friday. As discussed, if a request for a shipping paper is made on
Friday afternoon, the carrier has until the close of business on Monday
to provide the shipping paper. PHMSA considers close of business to be
5:00 p.m. local time for the office of the authorized official of a
Federal, State or local government agency requesting the shipping
paper. PHMSA seeks public comment if this is a reasonable meaning of
``close of business.'' During HMIWG meetings, it was noted that this
allowance is the longest acceptable amount of time to provide a
shipping paper in a non-emergency situation, and the information might
be available much sooner. Furthermore, it was discussed that this
allowance is for non-emergency situations, where an emergency is
defined as an event when an emergency response telephone number, as
specified in Sec. 172.604, is contacted. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
Additionally, in the first sentence of paragraph (b), as approved
by RSAC and offered to PHMSA and FRA for consideration, it was proposed
to replace ``person'' with ``carrier.'' PHMSA and FRA expect that such
a revision could create unnecessary confusion in situations where a
third party has been contracted to take on carrier functions (e.g.,
maintaining shipping papers). Therefore, for clarity and to maintain
alignment with other modal shipping paper retention sections, PHMSA
will maintain the HMR's current applicability of the paragraph (b)
retention requirements to each ``person'' who receives a shipping paper
required by this section. PHMSA expects the proposed revision to Sec.
174.24 will improve safety oversight by allowing authorized
governmental representatives to access historical shipping paper
information in a timelier manner during inspections and investigations.
Please note that this standard for reasonable time and place--close
of business the following business day--is applicable specifically to
review of historic shipping paper information in non-emergency rail
transportation scenarios after transportation has ended. In particular,
provision of shipping papers during transportation (e.g., container
inspections in port areas) is one example of a scenario where the
following business day is generally too long a time period to meet the
needs of inspectors and prevent unnecessary delays. See ``Section IV.
Section-by-Section Review; Part 171; Section 171.22'' for further
discussion of shipping paper accessibility in port areas.
Section 174.50
Section 174.50 prescribes requirements for nonconforming or leaking
packages. This section specifies that non-bulk packages may not be
forwarded unless they are repaired, reconditioned, or overpacked in
appropriate salvage packaging. For bulk packages, an OTMA is required
to authorize movement for a non-conforming or leaking package, unless
movement is necessary to reduce or eliminate an immediate safety risk.
PHMSA proposes to revise Sec. 174.50 in order to identify more clearly
the applicability and the exceptions regarding obtaining an OTMA from
FRA.
To evaluate the proposed revisions to Sec. 174.50 and consider
harmonization and reciprocity with Transport Canada, HMIWG established
an OTMA Task Force that included FRA, PHMSA, RSI, AAR, CI, TFI, and the
American Petroleum Institute (API). In addition to evaluating Sec.
174.50, the OTMA Task Force worked to develop the Hazardous Material
Guidance (HMG) Document HMG-127 (Revision 5). Following multiple
meetings, the OTMA Task Force voted to accept HMG-127 and the proposed
language in Sec. 174.50. The proposed text of HMG-127 (Revision 5) is
included in the docket for review along with this NPRM.\44\ The
proposed regulatory text addresses administrative topics, while HMG-127
specifies further guidance on obtaining an OTMA. HMG-127 discusses how
to apply for an OTMA, categories and conditions for choosing the
correct category of an OTMA, when a root cause analysis is required as
a condition of an OTMA, and what information should be included in a
root cause analysis. Note, however, that HMIWG did not reach consensus
on proposed text in Sec. 174.50(d)(2)(v) when it was put forward to a
vote. Recommended language for this section was approved by consensus
vote at the May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA proposes the following revisions to Sec. 174.50:
---------------------------------------------------------------------------
\44\ See HMG-127: https://www.regulations.gov/document/PHMSA-2018-0080-0001.
---------------------------------------------------------------------------
Discuss in paragraph (a) the general requirements for non-
conforming and leaking packages, including non-bulk packages;
List scenarios in paragraph (b) where an OTMA issued by
the Associate Administrator for Safety, FRA is not required to move a
non-conforming or leaking bulk package;
Discuss in paragraph (c) the approval process for an OTMA;
List in paragraph (d) the marking, notification,
recordkeeping, routing, and root cause analysis requirements for OTMA
grantees; and
Clarify in paragraph (e) the responsibility for compliance
with OTMA requirements and consequences for non-compliance.
The exceptions proposed in paragraph (b)(2) and (3) codify long-
standing FRA policy. Non-compliant rail cars that are clean and contain
no hazardous materials residue, addressed in paragraph (b)(2), do not
pose a risk of hazardous materials release. The intent of the proposed
exception in paragraph (b)(2) is to expedite the movement of these cars
to a facility at which repairs can be conducted. These are typically
DOT-111 tank cars that are not carrying hazmat and have been cleaned.
Currently, FRA receives approximately 730 OTMAs per year for clean
cars. The exception proposed in paragraph (b)(3) for rail cars
discovered to be overloaded by a minor amount is intended to address
known weigh-in-motion and static scale error tolerances, and
additionally align with Transport Canada standards. The exceptions
proposed in paragraphs (b)(1), for movement necessary to reduce or
eliminate an immediate threat of harm to human health or the
environment, and (b)(4), for rail cars moving in accordance with a
Transport Canada temporary certificate, exist in the currently
effective 174.50, and we propose to move them to paragraphs (b)(1) and
(b)(4), respectively, for clarity.
Additionally, throughout Sec. 174.50, PHMSA proposes to replace
the acronym ``OTMA'' with ``One-Time Movement Approval'' to increase
clarity for readers of the HMR who are not
[[Page 85619]]
familiar with the OTMA process. In Sec. 174.50(d)(1), PHMSA proposes
editorial edits to the language approved by RSAC and offered to PHMSA
and FRA for consideration to increase the clarity of the marking
requirement for non-conforming rail cars. Specifically, based on
consultation with FRA, PHMSA proposes to add the following marking into
the HMR; this marking is currently a requirement in each OTMA issued by
FRA (except those overloaded by weight).
------------------------------------------------------------------------
-------------------------------------------------------------------------
HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
------------------------------------------------------------------------
In Sec. 174.50(d)(2)(ii), PHMSA proposes editorial edits to the
language approved by RSAC and offered to PHMSA and FRA for
consideration. This proposed language shortens the sentences and
clarifies the notification requirements, specifically that the approval
grantee must ensure the consignee or final destination facility has
been notified and will accept the non-conforming tank car. This ensures
that the tank car is only consigned to a location capable of accepting
the car, and unloading the product, if necessary. If the maintenance
activities are to be conducted by a mobile unit, they must occur at the
maintenance destination indicated in the application.
In Sec. 174.50(d)(4), PHMSA proposes editorial revisions to the
language approved by RSAC and offered to PHMSA and FRA for
consideration. These proposed edits include clarifying instructions on
routing rail cars moving under OTMAs, specifically that the OTMA
grantee and railroad(s) involved in the movement must select the most
appropriate route to the nearest cleaning and/or repair facility
capable of performing the required cleaning and/or repairs. This aligns
with an existing requirement in OTMAs issued by FRA.
Lastly, final rule HM-215O \45\ harmonized the HMR with
international standards and codified recognition of Temporary
Certificates issued by Transport Canada for cross-border movements of
non-conforming tank cars to or from Canada. To ensure this allowance
remains, PHMSA proposes to specify the authorization for the use of
Temporary Certificates in lieu of OTMAs for cross-border movements to
or from Canada in Sec. 174.50(b)(4).
---------------------------------------------------------------------------
\45\ 85 FR 27810 (Mar. 11, 2020).
---------------------------------------------------------------------------
PHMSA expects the revisions proposed to Sec. 174.50 to formalize
and clarify the OTMA process will increase efficiency for rail car
owners and railroads, as well as FRA staff processing OTMA requests.
PHMSA also expects that over time, lessons learned from the root cause
analysis that FRA is authorized to require in OTMAs will reduce the
number of non-accidental releases, creating safety and environmental
benefits.
Section 174.58
PHMSA proposes to add Sec. 174.58 to detail what ``extent
practicable'' means for rail transportation with respect to the Sec.
171.8 definition of residue. This language was originally proposed as a
change to the definition of residue in Sec. 171.8, as part of the
recommend language developed by RSAC Task 13-02, approved by consensus
vote at the May 25, 2017, RSAC meeting, and offered to PHMSA and FRA
for consideration. However, PHMSA proposes to relocate the RSAC-
approved language from the definition of residue in Sec. 171.8 to
Sec. 174.58. If RSAC's proposed revision is made in Sec. 171.8, the
changes made to the definition of residue would have broader
implications than the intent of clarifying its meaning for purposes of
rail transportation of hazardous material. The intent of the proposed
change remains the same as the RSAC proposal; to clarify that ``extent
practicable'' means the material that remains in a bulk package after
it has been unloaded using properly functioning service equipment and
plant process equipment. Because part 174 is related to rail
transportation operations, PHMSA proposes that this regulatory language
more appropriately fits in new section Sec. 174.58, instead of as part
of the definition of residue in Sec. 171.8 which has broader
applicability. Note that in accordance with the Sec. 171.8 definition
of residue, a tank car must be unloaded to the maximum ``extent
practicable'' in order to be transported with the residue description.
PHMSA welcomes comment on the proposed implementation of this language.
PHMSA expects this proposed revision will provide further clarity on
what is considered residue for rail shipment of hazardous material and
increase safety by ensuring bulk packages that actually qualify for
``residue'' status are shipped with that description.
Section 174.59
Section 174.59 details the requirements for marking and placarding
rail cars carrying hazardous materials. PHMSA proposes to revise the
requirements for replacing lost placards and to provide context to the
``next inspection point.'' Specifically, PHMSA proposes the ``next
inspection point'' be revised to the ``nearest inspection point'' and
clarify that this point is ``in the direction of travel'' and ``where
mechanical personnel responsible for inspections related to 49 CFR
parts 215 and 232 are on duty.'' As discussed during the May 5 and June
8-9, 2016, HMIWG meetings, the intention of this provision is that lost
placards are replaced as best and as soon as they can at a location
where personnel are present and capable of performing inspections.
During HMIWG meetings, it was also suggested that Sec. 174.59 reflect
similar language from 49 CFR parts 215 and 232, specifically that
placards are to be ``replaced at the next inspection point,
interchange, or rail yard in the same direction as the train
movement.''
The proposed revision to Sec. 174.59 aligns with 49 CFR parts 215
and 232, by clarifying the ``nearest inspection point,'' where the
placards can be replaced is in the direction of train movement. The
final recommended language was approved by consensus vote at the May
25, 2017, RSAC meeting and offered to PHMSA and FRA for consideration.
PHMSA expects this proposed revision will improve safety by clarifying
the intent of the provision and ensuring the missing hazard
communication placards are replaced as soon as possible.
Additionally, the recommended RSAC language for Sec. 174.59
removes reference to ``car certificates.'' PHMSA and FRA seek comment
on the removal of the reference to ``car certificates'' in Sec.
174.59.
Section 174.63
This section outlines handling and loading requirements for
portable tanks, intermodal (IM) portable tanks, intermediate bulk
containers (IBCs), large packagings, cargo tanks, and multi-unit tank
car tanks transported by rail. PHMSA proposes to make editorial
revisions to the title of Sec. 174.63 to specify the section applies
to rail transport in COFC or TOFC service.
Additionally, paragraph (b) specifies requirements applicable to
transport of a bulk packaging inside a fully closed transport vehicle
or fully closed freight container. PHMSA proposes to clarify the
current reference to IM 101 and IM 102 as types of portable tanks. This
proposed change is editorial in nature and does not impose any new
requirements.
Paragraph (c) provides instruction, specifically, six conditions,
for an alternate method of transportation to paragraph (b) for bulk
packaging using COFC or TOFC service. PHMSA
[[Page 85620]]
proposes to revise the condition in paragraph (c)(1), which outlines
authorized packaging sections, by adding packagings authorized in Sec.
173.247 for elevated temperature materials to the list of packaging
sections, as well as Division 2.2 materials not specifically listed in
the Sec. 173.315(a)(2) table that are packaged as authorized in the
table and Sec. 173.315 conditions. This proposed amendment will
authorize these packagings to be transported without requiring approval
from FRA. PHMSA expects that adding existing safe, authorized
packagings for elevated temperature materials and non-flammable gases
to the COFC or TOFC authorization will not compromise safety and will
increase flexibility for shippers of these materials.
PHMSA also proposes to amend paragraph (c)(2) to indicate that a
rail car transporting a bulk package in COFC or TOFC service must
comply with applicable regulatory requirements for the type of rail car
being used. The current requirement instructs the shipper that the
``tank'' and flatcar used must comply with applicable requirements of
the HMR concerning its specification, but use of the term ``tank''
obscures the intended general reference to bulk packagings in Sec.
174.63, and the HMR contains no specifications for flatcars. The
proposed amendments will instead refer generally to bulk packagings
that must adhere to applicable specifications and to flatcars that must
comply with applicable rail car regulatory requirements. This amendment
will provide greater clarity, which will enhance the safety of
transporting these bulk packagings by rail. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
Section 174.67
Section 174.67 outlines the requirements for transloading of tank
cars. HMIWG reviewed this section to update, clarify, and remove
regulations where appropriate. The recommended language was approved by
consensus vote during the May 25, 2017, RSAC meeting and submitted to
PHMSA and FRA for consideration. However, since the 2017 submission of
the recommended language and following an in-depth review by PHMSA and
FRA, in this NPRM we propose additional changes to the recommended
language. These changes are not intended to revise the intent of HMIWG,
but to ensure that the section is easier to read and consistent with
the rest of the HMR--such as removing and reserving certain paragraphs
instead of redesignating them--and to promote clear understanding of
the requirements for safe transloading.
PHMSA proposes to modify the title of the section from
``unloading'' to ``transloading''--as approved by HMIWG--because this
more accurately reflects the operations covered by this section.
Transloading is a subset of loading or unloading that includes both
loading tank cars from, and unloading tank cars into, another packaging
for continued movement in transportation.
As approved by HMIWG, PHMSA proposes to remove the introductory
sentence of this section because it is unnecessary and inconsistent
with other sections in the HMR. The sentence merely states, ``for
transloading operations, the following rules must be observed.'' With
the proposed retitling of the section, it is now unnecessary.
Paragraph (a)(1) specifies requirements for hazmat employees
performing unloading operations. PHMSA proposes minor revisions to
paragraph (a)(1) to clarify that this section applies specifically to
transloading, as opposed to all unloading operations, as approved by
HMIWG. PHMSA notes here that tank car loading and unloading is covered
in Sec. 173.31 (Use of Tank Cars) and, as such, proposes to add
reference to Sec. 173.31(d) (examination before shipping) and (g)
(tank car loading and unloading) to increase awareness of relevant
requirements for tank car loading and unloading.
Paragraph (a)(2) specifies requirements for securing a tank car
against motion. PHMSA proposes to revise paragraph (a)(2) by removing
the current language and replacing it with a reference to Sec.
173.31(g), as the language currently in paragraph (a)(2) is
unnecessarily duplicative of the requirements in Sec. 173.31(g).
Paragraphs (a)(3) and (4) specify securement of access to the track
and required warning signage, respectively. As recommended by HMIWG,
PHMSA proposes to remove and reserve paragraphs (a)(3) and (4) because
the track securement language would now become unnecessarily
duplicative of the proposed track securement language in Sec.
173.31(g) (see discussion of proposed amendments to Sec. 173.31(g)).
Paragraph (a)(5) specifies the written safety procedures that must
be maintained and available for transloading operations, including
measures to account for the physical and chemical properties of the
lading being transloaded. In paragraph (a)(5), PHMSA proposes to
include a statement that the procedures must include measures to
address the safe handling and operation of the tank car and tank car
service equipment, as well as account for physical and chemical
properties of the lading being transloaded. HMIWG determined that many
of the prescriptive elements of this section may be outdated or
inconsistent with current industry best practices for certain
materials, operations, and modern tank car designs. Thus, many of the
prescriptive elements of Sec. 174.67 in the currently effective
paragraphs (b)-(g), (n), and (o) were removed and it was the intent of
HMIWG that these prescriptive elements would be substituted with new
performance-based language proposed in paragraph (a)(5). However, upon
further review of the language approved by the RSAC, PHMSA proposes a
modification to the recommended language of (a)(5) to clarify our
expectations on what the transloading procedures must cover. PHMSA and
FRA reviewed the prescriptive instructions proposed for removal from
paragraphs (b)-(g), (n) and (o), and used the subjects addressed by the
instructions to generate a list of procedures the proposed paragraph
(a)(5) instructions must address. PHMSA expects that the transloading
procedures required by paragraph (a)(5) must address, at a minimum, the
following:
Temperature monitoring and pressure relief;
Safe operation of the tank car for product loading or
unloading;
Proper disposal of used seals and other debris;
Measures to avoid spillage of contents outside the tank;
Operation of tank car service equipment;
Proper removal of product plugs that prevent adequate
operation of the service equipment; and
Proper tool maintenance measures including the types of
tools to use, calibration, cleanliness, and instructions on tool use.
To clarify our intent, PHMSA proposes to add this list of minimum
elements to the transloading procedure requirement in paragraph (a)(5).
Additionally, PHMSA notes that the current language of paragraph (a)(5)
does not include a specific instruction that transloading facilities
must follow their written procedures. The removal of the prescriptive
instructions in this section increases the importance of the written
procedures for safe transloading operations; therefore, we propose to
add the phase ``and adhere to'' to the requirement to maintain written
transloading procedures in order to
[[Page 85621]]
ensure that these procedures are actually implemented.
As agreed to by HMIWG, PHMSA proposes to remove and reserve
paragraph (a)(6), which currently specifies requirements to relieve
pressure in the tank car before removing a manhole cover or outlet
valve cap from the tank car. As noted by HMIWG, the current requirement
is too prescriptive, outdated, and not necessarily consistent with
current industry best practices. Furthermore, procedures to monitor the
temperature and to relieve pressure should be part of the overall
safety procedures and measures referenced in the proposed performance-
based requirement of new paragraph (a)(5); therefore, we are removing
the duplicative measures in current paragraph (a)(6) and reserving the
paragraph.
The RSAC-approved regulatory text for Sec. 174.67 proposed to
remove the existing requirements in currently effective paragraphs (b)
through (g), to re-designate the requirements in paragraphs (h) through
(l) into these newly removed paragraphs, and also to update the
requirements in (h) through (l) to address changes in tank car design
and operation. However, since the 2017 submission of the recommended
actions and following an in-depth review by PHMSA and FRA, we have
determined that redesignating the existing requirements would result in
confusion; therefore, in this NPRM we propose to remove and reserve
paragraphs (b) through (g), and to make the RSAC-approved revisions to
the section while maintaining the existing paragraph structure. For
example, rather than proposing to revise the requirements for securing
unloading connections that are currently found in paragraph (h) and
moving the requirements to paragraph (b), we propose to revise the
requirements in paragraph (h) and leave it in its current location in
the section. Otherwise, a current reference citation to paragraph (h)
in another section of the HMR or existing guidance documents would no
longer make sense. Below we discuss the revisions to each of the
remaining paragraphs of Sec. 174.67.
PHMSA proposes to remove and reserve paragraph (b), which includes
prescriptive language on the operation of various types of manway
designs. The current language has become outdated and does not
encompass modern-day manway cover designs or industry best practices.
Procedures for safely operating various types of manway designs must be
included in the safety procedures required by proposed paragraph (a)(5)
of this section, and should be consistent with the design, OEM
recommendations, and industry best practices. Structurally, HMIWG voted
to replace this paragraph with the requirements currently proposed in
paragraph (h) instead of removing and reserving paragraph (b). For ease
of understanding and to ensure no other regulatory citations or
guidance documents need to be updated, PHMSA instead proposes to remove
and reserve paragraph (b).
Paragraph (c) contains prescriptive procedures for operation of
manhole covers during unloading through the bottom outlet valve. The
current language has become outdated and does not encompass modern day
manway cover designs or industry best practices. The transloading
operator's procedure for safely operating the tank car for product
unloading must be adequately addressed by the safety procedures
required by proposed paragraph (a)(5) of this section. Structurally,
HMIWG voted to remove this paragraph and replace it with the
requirements currently proposed in paragraph (j) rather than removing
and reserving paragraph (c). However, for readability and so no other
regulatory citations or guidance documents need to be updated, PHMSA
proposes to remove and reserve this paragraph instead.
Paragraph (d) contains prescriptive safety procedures for unloading
of product from a tank car. Paragraph (d) may not be applicable to
certain types of transloading operations and may no longer be
consistent with current industry best practices. As such, PHMSA
proposes to remove and reserve the requirements. These procedures
should be adequately covered by the safety procedures developed and
updated by the transloading operator to comply with proposed paragraph
(a)(5) of this section. Structurally, HMIWG proposed to remove this
paragraph and replace it with the requirements currently proposed in
paragraph (k) instead of removing and reserving paragraph (d). However,
for readability and so no other regulatory citations or guidance
documents need to be updated, PHMSA proposes to remove and reserve this
paragraph instead.
Paragraph (e) currently states that seals or other substances shall
not be thrown into the tank, and the contents of the tank may not be
spilled over the car or tank. HMIWG determined the requirement in this
paragraph was unnecessarily prescriptive, as the procedures for
properly removing and disposing of seals and other substances must be
included in the safety procedures required by proposed (a)(5) of this
section. Furthermore, the HMR already prohibits residual hazardous
material on the outside of the packaging. Structurally, HMIWG proposed
to remove this paragraph and replace it with the requirements currently
proposed in paragraph (l) instead of removing and reserving paragraph
(e). However, to ensure ease of understanding and so no other
regulatory citations or guidance documents need to be updated, PHMSA
proposes to remove and reserve this paragraph instead.
Paragraph (f) currently contains prescriptive safety procedures for
operating a top-operated bottom outlet valve. HMIWG determined that
these prescriptive safety procedures for valve operation are outdated
and do not reflect current bottom outlet designs. The requirements for
bottom outlet valve operation must be part of the safety procedures as
required by proposed paragraph (a)(5) of this section. Structurally,
HMIWG agreed to remove this paragraph and replace it with the
requirements currently proposed in paragraph (m) instead of removing
and reserving paragraph (f). However, to ensure ease of understanding
and so no other regulatory citations or guidance documents need to be
updated, PHMSA proposes to remove and reserve this paragraph instead.
Paragraph (g) currently contains prescriptive procedural
requirements for operation of equipment to remove product plugs that
prevent adequate operation of the valves and equipment. In 2017, HMIWG
agreed to remove and reserve this paragraph. For some operations, the
current procedures of paragraph (g) may be outdated or inconsistent
with current industry best practices. Instead, PHMSA and FRA have
determined such prescriptive procedures must be included and updated in
the safety procedures required by proposed paragraph (a)(5) of this
section. As such, PHMSA proposes to remove and reserve this paragraph
(g).
Paragraph (h) currently details securement requirements for
connections used for the transfer of hazmat into--or out of--a tank
car. PHMSA proposes to amend paragraph (h) by removing the word
``unloading'' from it, as agreed to by HMIWG. However, as previously
mentioned, instead of moving this paragraph to replace paragraph (b)--
as agreed to by HMIWG--PHMSA proposes to make this change without
moving the paragraph. Finally, the language is further modified for
clarity by removing the reference to ``pipes on the dome'' since
connections could include more
[[Page 85622]]
than just pipes (e.g., valves, hoses, or reducers).
Currently, paragraph (i) provides requirements for the facility
operator during unloading, paragraph (j) includes certain exceptions
for attendance, and paragraph (k) specifies requirements when an
unloader is absent. In this NPRM, PHMSA proposes minor revisions to
paragraphs (i)(2)(i), (j)(2), (k) introductory text, (k)(4), and
(k)(5). These minor edits align these paragraphs with the rest of the
proposed amendments in Sec. 174.67 and were agreed to by HMIWG.
Paragraph (l) currently prescribes the actions that must be taken
as soon as a tank car is completely unloaded. As agreed to by the
HMWIG, PHMSA proposes to remove the closure securement language and
replace it with a reference to pre-transportation closure securement
regulations in Sec. 173.31. This is being proposed because we believe
this securement of closures and removal of unloading connections
language is unnecessary and redundant of existing requirements in Sec.
173.31(d) associated with pre-trip examination of the tank car.
Paragraph (n) currently contains prescriptive environmental
remediation procedures when oil or gas has been spilled. As agreed to
by HMIWG, PHMSA proposes to remove and reserve paragraph (n) because
specific instruction on the environmental remediation or cleanup of a
hazmat spill is outside the scope of the HMR. However, such procedures
may be included as part of the facility's safety procedures in order to
meet other applicable federal, state, or local requirements.
Paragraph (o) currently includes language requiring tools to be
kept clean. As recommended by HMIWG, PHMSA proposes to remove and
reserve paragraph (o). Tool maintenance measures including the types of
tools to use, calibration, cleanliness, and instructions on use must be
included in the safety procedures required by proposed paragraph (a)(5)
of this section. Therefore, we are removing the redundant language
covered by this paragraph and reserving it.
Overall, PHMSA expects that the proposed revisions to Sec. 174.67
will maintain safety by allowing transloading to be conducted in
accordance with written safety procedures and industry best practices
developed specifically for the tank car designs involved and materials
being transferred, instead of prescriptive standards.
Section 174.81
Section 174.81 specifies segregation requirements for the
transportation of hazardous materials by rail. Paragraph (g) specifies
the instructions for the Class 1 (explosive) segregation table in
paragraph (f). In review of these requirements, PHMSA notes that
paragraph (g)(3)(iv) has outdated terminology. Currently, the paragraph
specifies requirements and limitations for detonators and detonating
primers. However, the term ``detonating primers'' is no longer used in
the HMR. Final rule HM-189M \46\ corrected editorial errors, made minor
regulatory changes, and improved the clarity of certain provisions to
the HMR. One of these revisions was updating the wording ``detonating
primers'' to the more accurate terminology of ``detonating assemblies
and boosters with detonators.'' However, PHMSA identified this
editorial correction was not made in Sec. 174.81(g)(3)(iv). Therefore,
PHMSA proposes to revise the terminology of ``detonating primers'' to
``detonating assemblies and boosters with detonators.'' In review of
Sec. 174.81(g)(3)(iv), PHMSA also determined the phrase ``Division
1.4S explosives'' created unnecessary confusion in the applicability of
Note 4. Detonators, detonating assemblies, and boosters with
detonators, whether Division 1.1, 1.2, or 1.4, may not be transported
in the same rail car with Division 1.1 and 1.2 material (except other
detonators, detonating assemblies, and boosters with detonators). These
requirements align with current standards for highway and vessel
explosive segregation. PHMSA expects these editorial clarifications
will improve clarity of the HMR while not creating any additional
burdens for rail transportation of explosives.
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\46\ 61 FR 51334 (Oct. 1, 1996).
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Part 176
Section 176.2
Section 176.2 defines terms for the purposes of part 176. In
conjunction with the USCG, PHMSA proposes an editorial revision to the
definition of Commandant (CG-522), USCG to reflect organizational
updates within the USCG. The proposed revisions include replacing the
acronym ``CG-522'' with the current acronym ``CG-ENG,'' which stands
for United States Coast Guard Office of Design and Engineering
Standards; replacing the ``Office of Operating and Environmental
Standards'' with the current name ``Office of Design and Engineering
Standards''; and replacing the outdated postal code ``20593-0001'' with
the current postal code of ``20593-7509.''
Section 176.84
Section 176.84 describes the requirements to store, handle, and
segregate hazardous materials for cargo and passenger vessels, with
paragraph (a) specifying the meaning of the Column 10B of the Sec.
172.101 HMT stowage codes (e.g., ``stow away from hydrazine''). Limited
quantities are not subject to the stowage code provisions found in
Column 10B of the HMT (see Sec. 172.101(k)), however Sec. 176.84(a)
does not restate that limited quantities are not subject to the stowage
code provisions assigned by Column 10B of the HMT.
The International Vessel Operators Dangerous Goods Association
(IVODGA) submitted a comment \47\ to the 2017 Regulatory Reform Notice,
stating that placing the limited quantity stowage code exception only
in Sec. 172.101(k) created confusion for shippers and vessel
operators. IVODGA requested that PHMSA revise Sec. 176.84 editorially
to reiterate that limited quantities are not subject to the stowage
codes assigned by Column 10B of the Sec. 172.101 HMT. PHMSA and the
USCG agree that Sec. 176.84 should be revised editorially to reiterate
the limited quantity exception to reduce confusion. Therefore, PHMSA
proposes to revise Sec. 176.84(a) editorially by duplicating the
limited quantity exception language from Sec. 172.101(k). PHMSA
expects this revision will increase safety and efficiency by reducing
confusion for shippers and carriers of limited quantity materials.
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\47\ See IVODGA OST Regulatory Reform comment: https://www.regulations.gov/document?D=DOT-OST-2017-0069-2399.
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Section 176.340
Section 176.340 describes requirements for the vessel
transportation of combustible liquids in portable tanks. Paragraph (c)
specifies portable tanks approved by the Commandant (CG-MSO), USCG are
authorized for the transportation of combustible liquids by vessel.
PHMSA proposes an editorial revision, to replace the acronym ``CG-MSO''
with that office's current acronym ``CG-ENG.'' This revision will
provide clarity and reduce confusion by aligning the HMR with USCG's
current office structure.
Section 176.905
Section 176.905 describes the requirements for transporting
vehicles powered by an internal combustion
[[Page 85623]]
engine, fuel cell, batteries, or a combination of these fuel sources by
vessel. Paragraph (i) specifies when a vehicle complies with the
requirements of the paragraph, it is not subject to the HMR. PHMSA
proposes to add paragraph (i)(7) to provide an exception from the
requirements of the HMR for vehicles stored incidental to movement on
shore prior to or after vessel transportation. This exception is
intended to mirror the HMR's broad exception for vehicles transported
by highway or rail in accordance with Sec. 173.220(h)(1). PHMSA
expects this will have no impact on the safe transportation of vehicles
while providing regulatory relief for vessel transporters.
Part 177
Section 177.801
Section 177.801 specifies that a forbidden material, or hazardous
material not prepared in accordance with the HMR, is not authorized for
transportation by motor vehicle. PHMSA proposes to expand the section
to include additional scenarios that are unacceptable for
transportation. These are proposed for ease of regulatory understanding
and clarity and are not new restrictions. To accomplish this, the first
half of the introductory paragraph is proposed as a new paragraph (a).
Additionally, the second half of the introductory paragraph is moved to
a new paragraph (b) and revised to specify that a hazardous material
not classified, packaged, marked, labeled, or placarded in accordance
with the requirements of the HMR or by special permit may not be
accepted for transportation or transported. These additional examples
will provide greater clarity of what materials are not acceptable for
transportation under the HMR and will increase safety.
Section 177.804
This section requires motor vehicle carriers of hazardous materials
comply with the FMCSR and paragraph (a) specifies motor carriers and
other persons subject to part 177 must also comply with specific
provisions of the FMCSR. PHMSA has been made aware there is potential
confusion in a scenario where a vehicle is subject to the HMR, but the
vehicle is not of sufficient size to be subject to the FMCSR.
Therefore, to provide regulatory clarity without reducing safety, PHMSA
proposes to amend paragraph (a) to specify compliance with the FMCSR is
only applicable to vehicles that are subject to the FMCSR.
Section 177.816
Section 177.816 specifies the requirements for highway
transportation driver training. Currently, paragraph (c) specifies that
Sec. Sec. 177.816(a) and (b) training requirements may be satisfied
with a tank vehicle or hazardous materials endorsement. In
collaboration with FMCSA, PHMSA has become aware that cargo tank motor
carriers are relying solely on the tank endorsement or hazardous
materials endorsement provision in paragraph (c) to meet the training
requirements related to cargo tank driving functions. FMCSA advises
that most states have a six- or seven-year expiration on Commercial
Driver's Licenses (CDLs), far beyond the three-year refresher training
required by Sec. Sec. 172.704 and 177.816(d). While paragraph (c)
allows for the tank endorsement or hazardous materials endorsement to
meet training requirements, the HMR does not allow the period of
renewal of a tank vehicle or hazardous materials endorsement to
supersede the three-year HMR requirement. Therefore, to assist in
understanding of the current regulatory requirements and increase
compliance, PHMSA proposes to add qualifying language to paragraph (c)
to specify that the tank vehicle or hazardous materials endorsement may
be used in place of the training requirements if it appropriately
covers the requirements in paragraph (a) and (b). Furthermore, PHMSA
proposes to add language to paragraph (d) stating that the training
frequency must meet the requirements of Sec. 172.704(c), which is
required at minimum every three years. This clarification will enhance
safety by ensuring everyone understands and abides by the current
requirement that periods between training cannot exceed three years and
will help ensure all operators are aware of the most current issues and
response plans.
Section 177.835
Section 177.835 specifies additional requirements for the
transportation of Class 1 hazardous materials by motor vehicle.
Paragraph (d) provides conditions and requirements for Class 1
materials to be transported in multipurpose bulk trucks (MBTs). PHMSA
proposes to revise paragraph (d) to specify an MBT may not be
transported with a cargo tank that is required to be marked or
placarded. Final rule HM-233D \48\ established standards for the safe
transportation of certain bulk explosives. In HM-233D, PHMSA added
paragraph (d) to allow Class 1 (explosive) materials to be transported
with Division 5.1 (oxidizing), Class 8 (corrosive), and/or combustible
liquids in MBTs under conditions set forth in IME Standard 23 and Sec.
177.835(g). This regulatory allowance was based on the adoption of DOT-
SP 11579. Following publication of this final rule, FMCSA noted that
certain private motor carriers are transporting explosive materials for
mining and quarrying in MBTs along with a secondary cargo tank motor
vehicle transporting Division 1.5 hazardous materials (sometimes
referred to as a ``pup'' cargo tank motor vehicle). However, it was not
PHMSA's intention to authorize this configuration in HM-233D, as it was
not authorized in DOT-SP 11579. As this is not indicated clearly in
Sec. 177.835(d), PHMSA proposes to specify an MBT may not be
transported with any cargo tank that is required to be marked or
placarded under Sec. 177.823. PHMSA expects this proposed language to
increase safety and eliminate the inconsistency between DOT-SP 11579
and the current regulatory requirements. In addition, this proposal is
consistent with the existing prohibition in Sec. 177.835(c)(3) that
specifies Division 1.1 or 1.2 (explosive) materials may not be loaded
or carried on a combination of vehicles when any vehicle in the
combination is a cargo tank that is required to be marked or placarded
under Sec. 177.823.
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\48\ 80 FR 79423 (Dec. 21, 2015).
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Section 177.837
Section 177.837 specifies the requirements for the transportation
of Class 3 (flammable liquids) hazardous materials by motor vehicle.
Paragraph (c) specifies bonding and grounding requirements before and
during transfer of lading to or from a cargo tank. This requirement
only applies to flammable liquids; the HMR do not currently require
cargo tanks that are transferring combustible liquids to be bonded and
grounded in accordance with the requirements of this section. However,
combustible liquids and flammable liquids that have been reclassified
as combustible liquids exhibit characteristics similar to materials
classed as flammable liquids, particularly regarding vapors. Both
combustible liquids and flammable liquids that have been reclassified
as combustible liquids also have the potential for initiation by the
static charge produced by product flow through a piping system on a
cargo tank motor vehicle that is not bonded and grounded.
PHMSA identified four recent incidents involving combustible
liquids that may have been minimized by the
[[Page 85624]]
proposed bonding and grounding requirement prior to loading or
unloading. Below are summaries of these incidents, which highlight the
potential severity of incidents, resulting total damages, and release
of hazardous materials:
August 5, 2015: A cargo tank was loading diesel fuel at a
fuel station when a fire ignited under the hood of the vehicle,
resulting in $349,130 in total damages. 4,500 gallons of diesel fuel
was released.
August 4, 2016: An explosion occurred at a shipper's
loading facility while diesel fuel was being loaded into a cargo tank
motor vehicle. Total damage costs amounted to almost $2 million and a
release of 2,500 gallons.
January 31, 2018: While a cargo tank motor vehicle was
being loaded, Fuel Oil (No. 1, 2, 4, 5, or 6) was released, followed by
an explosion and fire. The total damages were $1.3 million and 2,534
gallons were released.
June 3, 2019: An explosion occurred while aviation fuel
was being loaded into a cargo tank motor vehicle, resulting in a
release of 3,104 gallons of hazardous material and approximately $7.3
million in total damages. In addition, this incident resulted in one
major injury and three minor injuries.
Based on these incidents and to ensure the safe transportation of
these materials, PHMSA proposes to revise paragraph (c) to specify that
a flammable liquid, a combustible liquid, or a flammable liquid
reclassified as combustible liquid is subject to the bonding and
grounding requirements of Sec. 177.837.
Section 177.840
This section details additional requirements for Class 2 (gases)
hazardous materials transported by highway. Paragraph (n) states that
in the event of an unintentional release of liquefied compressed gas to
the environment, the internal self-closing stop valve or other primary
means of closure must be shut. Paragraph (r)(2) requires the qualified
person monitoring the unloading of a cargo tank motor vehicle
containing liquefied compressed gas using a facility-provided hose be
within arm's reach of the mechanical means of closure for the internal
self-closing stop valve. Lastly, paragraph (t) requires the qualified
person monitoring the unloading of a cargo tank motor vehicle
containing liquefied compressed gas and being unloaded without
emergency discharge equipment be within arm's reach of the mechanical
means of closure for the internal self-closing stop valve. All three of
these paragraphs only reference internal self-closing stop valves and
do not include a reference to external self-closing stop valves.
However, there are cargo tank motor vehicles that transport liquefied
compressed gas that have external self-closing stop valves. In total,
FMCSA estimates that there are approximately 122,014 cargo tank motor
vehicles that transport Division 2.2 (non-poisonous nonflammable gas)
hazardous materials, which includes liquefied compressed gases, that
have internal and/or external self-closing stop valves. Given the high
number of cargo tank motor vehicles that may utilize external self-
closing stop valves, primarily in cryogenic service, it is important to
ensure that requirements for access to the means of closure for
internal self-closing stop valves also apply to external self-closing
stop valves. Therefore, PHMSA is adding clarifying language that these
access requirements apply to both internal and external means of
closure. PHMSA expects these additional provisions will continue to
ensure the safe transportation of cargo tank motor vehicles and
proposes to revise these paragraphs to require external self-closing
stop valves to comply with the same requirements as internal self-
closing stop valves. In review of historical rulemaking language, PHMSA
does not expect it was the explicit intent to exclude external self-
closing stop valves from these requirements.
Lastly, in paragraph (t), PHMSA proposes to remove the reference to
December 31, 1999, as it is obsolete, and all chlorine cargo tank motor
vehicles are now subject to the additional unloading requirements
specified in this paragraph. This editorial revision increases
regulatory clarity without diminishing safety.
Section 177.841
This section provides additional requirements when transporting
Division 6.1 and Division 2.3 hazardous materials via motor vehicle.
Paragraph (e)(1) specifies when a package bears a POISON or POISON
INHALATION HAZARD label or placard, it may not be transported in the
same motor vehicle with foodstuffs, feed, or edible material intended
for consumption by humans or animals unless the poisonous material is
packaged in a specific way. In the interest of safety, PHMSA proposes
to revise paragraph (e)(1) to also include packages bearing or required
to bear a POISON GAS label or placard in the list of restricted
hazardous materials with foodstuffs, feed, or edible material.
Paragraph (e)(2) specifies a package bearing or required to bear a
POISON, POISON GAS, or POISON INHALATION HAZARD label is not authorized
for transportation in the driver's compartment of a motor vehicle. Due
to new motor vehicle designs, PHMSA proposes to revise this paragraph
to specify that this also includes ``enclosed van trucks with no
permanent barrier separating the driver from the cargo component.'' As
the intent of this paragraph is to ensure a driver is not exposed to a
poisonous material while in transportation, this revision ensures the
continued safety of drivers in transportation.
Part 178
Section 178.320
Section 178.320 specifies general requirements for DOT
specification cargo tank motor vehicles and paragraph (a) includes
definitions that apply to DOT specification cargo tank motor vehicles.
PHMSA proposes to amend the following definitions:
Cargo tank: During review of Sec. 178.320, PHMSA noted
that cargo tank was also defined in Sec. 171.8, with minor editorial
differences. PHMSA proposes to revise the Sec. 171.8 definition of
cargo tank to align with the current definition in Sec. 178.320. See
``Section IV. Section-by-Section Review; Part 171; Section 171.8'' for
details on the proposed changes to the Sec. 171.8 definition of cargo
tank. Subsequently, instead of also proposing to revise the definition
in this section to match, PHMSA proposes to replace the definition of
cargo tank with a reference to the definition in Sec. 171.8. This
avoids unnecessary duplication and ensures if a future revision is
necessary, it will only have to be revised in a single location.
Furthermore, this still ensures that a reader who looks to Sec.
178.320 for the definition of cargo tank is able to locate the
definition in Sec. 171.8 easily.
Cargo tank motor vehicle: The definition of cargo tank
motor vehicle is currently defined in both Sec. Sec. 171.8 and
178.320, with no differences between the two. Similar to the proposal
to the definition of cargo tank in this section, PHMSA proposes to
replace the Sec. 178.320 definition of cargo tank motor vehicle with a
reference to the definition in Sec. 171.8. This avoids any potential
future discrepancy between the same definition in two sections of the
HMR.
Minimum thickness: PHMSA proposes to add the word ``in''
to the last sentence of this definition, as an editorial amendment for
correct grammar.
PHMSA proposes to add the following definitions:
Cargo tank motor vehicle certification date: Based on
stakeholder
[[Page 85625]]
feedback, PHMSA and FMCSA understand there is some confusion on the
difference between the cargo tank motor vehicle certification date and
the original test date. It is important to understand the difference,
as the HMR require the cargo tank motor vehicle certification date to
be marked on the specification plate, with the original test date
marked on the name plate. To reduce any confusion, PHMSA proposes to
add a definition for cargo tank motor vehicle certification date and
original test date. PHMSA proposes to define cargo tank motor vehicle
certification date as the date the cargo tank motor vehicle
manufacturer certifies the completed cargo tank motor vehicle complies
in all respects with the DOT specification and the ASME Code, if
applicable. See below for a discussion on the proposed definition of
original test date.
Component: Section 178.320 currently defines an
appurtenance as ``any attachment to a cargo tank that has no lading
retention or containment function and provides no structural support to
the cargo tank.'' Because a component may have some form of lading
retention function, either during loading, unloading, in-transit, or a
combination thereof, it does not meet the definition of an
appurtenance. Having no definition in Sec. 178.320 can cause
confusion. Therefore, PHMSA proposes to add a definition for component
to mean ``any attachment to the cargo tank or cargo tank motor vehicle,
including valves, piping, fittings, ladders, clips, protection devices,
and hoses that contain lading during loading, unloading or
transportation, or are required to be pressure or leak-tested in
accordance with the requirements of part 180 of this subchapter.''
Flexible connector: In Sec. 180.407(d)(2)(ii) of this
NPRM, PHMSA proposes to specify that a flexible connector is a part of
the piping system, but it is not currently defined in the HMR.
Therefore, PHMSA proposes to add a definition for the term flexible
connector. The proposed definition is similar to the definition in NFPA
Standard No. 58, and PHMSA proposes a flexible connector to mean ``a
short component of a piping system, not exceeding 36 in. (.91 m)
overall length, fabricated of flexible material and equipped with
suitable connections on both ends.'' Furthermore, PHMSA proposes this
definition specifies that ``liquefied petroleum gas resistant rubber
and fabric or metal, or a combination thereof, or all metal may be
used.''
Lading retention system: PHMSA proposes to add a
definition of lading retention system as it is referenced several
places in the HMR but is not currently defined. Having no definition in
the HMR can cause regulatory confusion, so adding a definition will
decrease confusion and enhance safety. PHMSA proposes that a lading
retention system means ``the cargo tank wall and any associated
components or equipment that, if damaged, could result in the release
of the contents of the package.'' This proposed definition aligns with
Letter of Interpretation Ref. No. 03-0057.\49\ As specified in the
letter, PHMSA considers piping and valves to be a part of the
associated components or equipment in the lading retention system.
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\49\ See Letter of Interpretation Reference No. 03-0057: https://www.phmsa.dot.gov/regulations/title49/interp/03-0057.
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Lining: There are a variety of linings used in the cargo
tank industry, such as internal and external linings and coatings, and
while the term is used throughout the HMR, it is not defined. By adding
a definition of lining to Sec. 178.320, PHMSA expects this will ensure
effective communication within the regulated community and will prevent
any future confusion, thus enhancing safety. PHMSA proposes lining to
mean ``an internal layer of different material covering the inside
surface of the cargo tank.''
Name plate: The terms ``ASME plate,'' ``name plate,'' and
``specification plate'' are not used throughout the HMR consistently.
This has created a considerable amount of confusion among the regulated
community. This uncertainty is amplified when considering the
challenges associated with mounting a used ASME Code cargo tank to a
new chassis. To address the issue and alleviate industry frustration,
PHMSA proposes to establish a definition for name plate (as well as a
definition for specification plate). PHMSA proposes name plate to mean
``a data plate permanently attached to the cargo tank by the cargo tank
manufacturer for the purpose of displaying the minimum information
required by the ASME Code, as prescribed in Sec. Sec. 178.337-17(b),
178.338-18(b), or 178.345-14(b) of this part, as appropriate.'' PHMSA
and FMCSA expect this definition aligns with current industry practice
and stakeholder understanding. See below for a discussion on the
proposed definition of specification plate.
Original test date: As previously discussed, there is
confusion on what constitutes the original test date marked on the name
plate and the cargo tank motor vehicle certification date stamped on
the specification plate. Some in the regulated community have indicated
the original test date is the date the cargo tank was actually
completed, while others believe it is the cargo tank motor vehicle
certification date. However, if the original test date is the date the
cargo tank motor vehicle is certified, this does not take into account
certain circumstances during the manufacturing process. For example,
sometimes a cargo tank motor vehicle is constructed in two phases where
the cargo tank is manufactured but it is assembled and mounted on a
chassis at a later date (thus becoming a cargo tank motor vehicle).
Alternatively, there are other circumstances where a cargo tank is
assembled and mounted on a different chassis, and it is necessary to
know when the original cargo tank was manufactured. Therefore, as
previously discussed, to ensure consistent understanding of the HMR,
PHMSA proposes to add definitions for cargo tank motor vehicle
certification date and original test date. PHMSA proposes that original
test date mean ``the date the cargo tank manufacturer performed the
original pressure test in accordance with part 178, to verify the
structural integrity of the cargo tank in accordance with the
requirements for new construction prescribed in this part.''
Sacrificial device: PHMSA noted that sacrificial device is
currently defined in Sec. 178.345-1 (the section for DOT Specification
406, 407, and 412 cargo tank motor vehicles definitions); however, the
definition also applies to DOT Specification MC 331 cargo tank motor
vehicles. Therefore, PHMSA proposes to move the definition for
sacrificial device from Sec. 178.345-1(c) to Sec. 178.320.
Shear section: PHMSA noted that shear section is currently
defined in Sec. 178.345-1 (the section for DOT Specification 406, 407,
and 412 cargo tank motor vehicles definitions); however, the definition
also applies to DOT Specification MC 331 and 338 cargo tank motor
vehicles. Therefore, PHMSA proposes to move the definition for shear
section from Sec. 178.345-1(c) to Sec. 178.320.
Specification plate: As previously mentioned, PHMSA
proposes to add a definition for specification plate to help
distinguish it from a name plate and provide greater clarity. PHMSA and
FMCSA expect that this proposed definition aligns with current industry
practice and stakeholder understanding. PHMSA proposes that a
specification plate means ``a data plate containing the applicable
markings provided in
[[Page 85626]]
Sec. Sec. 178.337-17(c), 178.338-18(c), or 178.345-14(c), as
appropriate, and permanently attached to the cargo tank or cargo tank
motor vehicle chassis by the manufacturer. The markings on this plate
are certification by the manufacturer that the cargo tank or the cargo
tank motor vehicle conforms in all respects with the specification
requirements of this subchapter.''
PHMSA requests comment on these proposed definitions and how they
affect different functions. Specifically, are all the possible
alternatives included in the proposed regulatory language? Does any of
the proposed regulatory language obstruct current activities or
functions?
Section 178.337-1
This section sets forth the general requirements for DOT
Specification MC 331 cargo tank motor vehicles. Paragraph (d) addresses
the requirement for reflective design of the cargo tank. PHMSA proposes
to remove the requirement that specifies that the cargo tank must be
painted. This is consistent with previously issued Letters of
Interpretation Reference Nos. 11-0067, 14-0180, 15-0242, and 19-0107.
This provides for additional regulatory flexibility while still
maintaining safe transportation of hazardous materials. Specifically,
PHMSA proposes to remove the requirement for the cargo tank to be
painted, which allows for the use of a wrap, cover, or paint on
uninsulated cargo tanks to meet the reflexivity performance standard.
Paragraph (g) provides definitions specific to MC 331 cargo tank
motor vehicles. In review of this section, and the cargo tank motor
vehicle definitions in Sec. 178.320, PHMSA noted duplicative
definitions for internal self-closing stop valves in Sec. Sec. 178.320
and 178.337-1. PHMSA proposes to remove the definition of internal
self-closing stop valves in Sec. 178.337-1 to avoid unnecessary
duplication and ensure that if the definition needs to be revised in
the future, it only has to be revised in one regulatory section.
Section 178.337-2
This section details materials authorized for DOT Specification MC
331 cargo tanks. Paragraph (b)(2)(i) specifies the materials of
construction for chlorine cargo tanks manufactured after January 1,
1975, must conform to ASTM A 612 Grade B or A 516/A 516M, Grade 65 or
70 (IBR, see Sec. 171.7 of this subchapter). However, PHMSA and FMCSA
noted that steel is no longer defined as grade A or B. Therefore, PHMSA
proposes to remove the reference to Grade B steel appropriately to
remove any potential confusion.
Sections 178.337-3, 178.338-3, and 178.345-3
Sections 178.337-3, 178.338-3, and 178.345-3 detail structural
integrity requirements for DOT Specification MC 331; MC 338; and DOT
Specification 406, 407, and 412 cargo tank motor vehicles,
respectively. Paragraph (g) in Sec. Sec. 178.337-3 and 178.338-3 and
paragraph (f) in Sec. 178.345-3 specify the design, construction, and
installation of an attachment, appurtenance, structural support member,
or accident protection device.
In paragraph (g)(3) of Sec. Sec. 178.337-3 and 178.338-3 and
paragraph (f)(3) of Sec. 178.345-3, PHMSA proposes to specify the
welding of any appurtenance to the cargo tank wall applies to both
``internal or external'' appurtenances. Consistent with long-standing
letters of interpretation previously issued by PHMSA, this revision
provides regulatory clarity and ensures continued safe manufacture of
cargo tank motor vehicles.\50\ In these long-standing letters of
interpretation, PHMSA notes that internal appurtenances may not be
attached to the cargo tank wall without mounting pads. An example of
internal appurtenances are baffles, which require mounting pads to be
attached to the cargo tank wall.
---------------------------------------------------------------------------
\50\ See Letters of Interpretation Reference Nos. 07-0169 and
14-0235. Letter of Interpretation Reference No. 07-0169 is available
at: https://www.phmsa.dot.gov/regulations/title49/interp/07-0169.
Letter of Interpretation Reference No. 14-0235 is available at:
https://www.phmsa.dot.gov/regulations/title49/interp/14-0235.
---------------------------------------------------------------------------
PHMSA also proposes minor editorial revisions to Sec. Sec.
178.338-3(g)(3) as well as Sec. 178.345-3(f) and (f)(3) to ensure
consistency throughout the HMR, as these paragraphs outline the same
requirements for different types of cargo tank motor vehicles. In Sec.
178.338-3(g)(3), PHMSA proposes to add the preposition ``to'' in the
first sentence for grammatical accuracy. In addition, when comparing
these paragraphs, PHMSA identified that ``accident damage protection''
was not specified in the applicability of Sec. 178.345-3(f) for DOT
400 series cargo tanks, but it was identified in Sec. 178.337-3(g) for
MC 331 cargo tanks and Sec. 178.338-3(g) for MC 338 cargo tanks. As
these paragraphs have the same regulatory intent, PHMSA proposes to add
accident damage protection to Sec. 178.345-3(f). PHMSA expects this
proposal will eliminate any potential confusion from regulatory
inconsistency, which will increase safety. PHMSA also proposes to
revise the first reference of ``shell or head'' in Sec. 178.345-
3(f)(3) to read as ``shell wall or head wall,'' similar to Sec. Sec.
178.337-3(g)(3) and 178.338-3(g)(3).
Furthermore, Sec. Sec. 178.337-3(g)(3)(iii), 178.338-3(g)(3)(iii),
and 178.345-3(f)(3)(iii) require that when welding any appurtenance to
the cargo tank wall with a mounting pad, the pad must extend at least
two inches in each direction from any point of an appurtenance or
structural support member. The second sentences of these sections also
specify ``[t]his dimension may be measured from the center of the
attached structural member.'' PHMSA proposes to remove this sentence,
because it can lead to confusion while only providing an option on how
that measurement can be made. The circumstance for this option mostly
applies to only small attachments where, because of either location or
function, it is easy to measure from the center of the structural
member. PHMSA expects that because this provision is only applicable in
some, but not all, circumstances, it creates confusion in situations
where the center of the attached structural member cannot be identified
or the measurement from the center does not make sense. Therefore, to
eliminate any potential confusion, PHMSA proposes to remove this
sentence. Although PHMSA proposes to remove the regulatory instruction,
the dimension may still be measured from the center of the attached
structural member, if applicable.
Finally, PHMSA is proposing an editorial revision to these three
sections to remove the phase ``or structural support members.''
Structural support members are not required to be attached to the tank
shell with mounting pads (see final rule HM-213) \51\ therefore PHMSA
proposes to remove the phrase to eliminate confusion over requirements
for use of mounting pads with structural support members.
---------------------------------------------------------------------------
\51\ 68 FR 19257 (April 18, 2003).
---------------------------------------------------------------------------
Section 178.337-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Sections 178.337-8, 178.338-11, and 178.345-11
Section 178.337-8 details requirements for the openings, inlets,
and outlets of DOT Specification MC 331 cargo tank motor vehicles;
Sec. 178.338-11 details discharge control devices for DOT
Specification MC 338 cargo tank motor vehicles; and
[[Page 85627]]
Sec. 178.345-11 details tank outlet requirements for DOT Specification
406, 407, and 412 cargo tank motor vehicles. PHMSA proposes to add
paragraph (a)(4)(vii) in Sec. 178.337-8, paragraph (c)(2)(iii) in
Sec. 178.338-11, and paragraph (b)(1)(iv) in Sec. 178.345-11 to
require if the cargo tank is equipped with a mechanical means of remote
closure for manual operation, it must not be obstructed by equipment or
appurtenances in a manner that prevents access to or operation of the
remote means in an emergency. FMCSA has encountered cargo tank motor
vehicles where the manual emergency remote shut off device has been
obstructed by various equipment or appurtenances that were added after
the date of manufacture. This is a safety concern because obstructions
to the manual emergency remote shut off device make the device harder
to activate in an emergency, which may cause an incident to occur or
worsen an incident in progress. Therefore, to address this safety
concern, PHMSA proposes to provide an indication in new paragraphs
Sec. Sec. 178.337-8(a)(4)(vii), 178.338-11(c)(2)(iii), and 178.345-
11(b)(1)(iv) that if equipped with a mechanical means of remote
closure, it must not be obstructed to prevent operation or access in an
emergency.
Section 178.337-8
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the revision
proposed to this section.
Section 178.337-9
This section prescribes requirements for PRDs, piping, valves,
hoses, and fittings for DOT Specification MC 331 cargo tanks. Paragraph
(a)(3) requires each valve used on a DOT Specification MC 331 cargo
tank motor vehicle be designed, constructed, and marked for a rated
pressure not less than the design pressure of the cargo tank. PHMSA
proposes to replace the term ``valve'' with ``pressure relief device''
as this matches the title of paragraph (a) more appropriately.
Paragraph (b) specifies piping, valves, hoses, and fittings
requirements for DOT Specification MC 331 cargo tanks. PHMSA proposes
to revise the paragraph (b) title from ``Piping, valves, hose, and
fittings'' to ``Components and other pressure parts.'' This proposed
title aligns with the proposed Sec. 178.320 definition of components
and more appropriately illustrates the requirements of the paragraph.
PHMSA expects this proposed change will help to reduce any regulatory
confusion.
PHMSA also found the HMR does not assign responsibility to who must
ensure that all components meet paragraph (b) requirements, causing
potential regulatory confusion. To address this uncertainty, PHMSA
proposes to specify that the cargo tank motor vehicle manufacturer is
responsible for ensuring that all components comply with the paragraphs
that follow. This aligns with other HMR requirements that require the
cargo tank motor vehicle manufacturer to issue the certificate of
construction as well as the specification plate and name plate.
Therefore, PHMSA expects this proposed amendment to paragraph (b) will
reduce regulatory uncertainty and thus, increases safety.
Paragraph (b)(1) specifies the burst pressure requirements for all
piping, pipe fittings, hose, and other pressure parts, except for pump
seals and PRDs. In order to be consistent with the ASME Code, PHMSA
proposes to replace the phrase ``design pressure'' with the phrase
``MAWP,'' the acronym for maximum allowable working pressure used in
the ASME Code. This proposed change eliminates an inconsistency between
the ASME Code and the HMR and thus, increases safety. In addition,
PHMSA proposes to revise the reference for chlorine service from
paragraph (b)(7) to paragraph (b)(8), as an editorial amendment.
Paragraph (b)(6) requires cargo tank manufacturers and fabricators
to demonstrate that all piping, valves, and fittings installed on a
cargo tank are free from leaks by testing them at not less than 80
percent of the design pressure marked on the cargo tank. PHMSA proposes
to replace the term ``cargo tank manufacturers and fabricators'' with
``cargo tank motor vehicle manufacturers'' as this better aligns with
the responsibilities of manufacturers of cargo tank motor vehicles.
Additionally, and similar to the proposed change in paragraph (a)(3),
PHMSA proposes to revise the terminology to test at not less than 80
percent of ``design pressure'' to ``MAWP,'' as this better aligns with
ASME requirements. Lastly, PHMSA proposes to specify the test should be
conducted based off the ``name plate after the piping is installed on
the cargo tank motor vehicle'' as opposed to ``cargo tank'' to provide
further clarity on this requirement. These proposed changes provide
regulatory clarity without impacting safety.
Paragraph (b)(7) specifies requirements for a hose assembler of DOT
Specification MC 331 cargo tanks. PHMSA proposes to move the
requirements in paragraph (b)(7) to its own new paragraph (e) to
provide enhanced visibility, improve regulatory compliance, and thus,
improve safety. Subsequently, PHMSA proposes to reserve paragraph
(b)(7). Furthermore, in new paragraph (e), PHMSA proposes to add a
title of ``hose assembler requirements'' to align with the rest of
Sec. 178.337-9 and the Office of Federal Register Document Drafting
Handbook, which requires that when one section paragraph has a heading,
all of the other paragraphs in the section should as well. Lastly, as a
clarifying statement, PHMSA proposes to reference the Sec. 180.416(f)
written report requirement for the hose assembler tests. PHMSA expects
that adding this reference will improve compliance and therefore,
increase safe transportation of hazardous materials.
Sections 178.337-10 and 178.338-10
These sections detail accident damage protection requirements of
DOT Specification MC 331 and MC 338 cargo tank motor vehicles.
Paragraph (c)(1) of both sections specify rear-end tank protection
device requirements. PHMSA proposes to replace the words ``valves,
piping, and fittings'' with ``components,'' as this is consistent with
the new definition proposed in Sec. 178.320.
Paragraph (c)(1) also specifies the rear bumper dimensions must
meet the requirements of Sec. 393.86. However, FMCSA notes there is
stakeholder confusion on whether the referenced dimensional
requirements or the wheels back vehicle exception in Sec. 393.86
applies. The historical applicability and intent of this paragraph is
that the referenced dimensional requirements in Sec. 393.86 apply to
accident damage protection. Therefore, to remove any potential
confusion, and therefore, increase safety, PHMSA proposes to add a
sentence specifying that the wheels back exception provided in 49 CFR
393.86 does not apply.
Section 178.337-10
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-10 and 178.338-10'' for details on the revisions proposed to
this section.
Sections 178.337-17 and 178.338-18
Sections 178.337-17 and 178.338-18 detail marking requirements for
DOT Specification MC 331 and MC 338 cargo tank motor vehicles,
respectively. Paragraph (a) details general requirements for both the
name plate and the specification plate. In addition to editorial
revisions, PHMSA proposes to specify that the responsibility of
applying the name plate and
[[Page 85628]]
specification plate fall on the manufacturer, as a clarifying
statement. While not explicitly stated, this codifies current practice
to remove any ambiguity and ensure continued safe hazardous materials
transportation. PHMSA notes this requirement means that the
requirements for the name plate, when applicable, and specification
plate fall on the person responsible for building the cargo tank, cargo
tank motor vehicle, or both. PHMSA also proposes to remove the
compliance date of October 1, 2004, as this date has passed, and all
DOT Specification MC 331 and MC 338 cargo tank motor vehicles are
subject to these requirements.
Paragraph (a)(4) in both sections indicates the specification plate
may be attached to the cargo tank motor vehicle chassis rail and
details methods on how to do so. PHMSA proposes to revise paragraph
(a)(4) to specify the specification plate must be attached to the cargo
tank or its integral supporting structure, instead of the cargo tank
motor vehicle chassis rail. A DOT Specification MC 331 or MC 338 cargo
tank potentially has a longer useable lifespan than the life of the
motor vehicle chassis to which it is originally attached. As such, it
is possible for the original specification plate to be separated from
the cargo tank if the cargo tank is remounted to a different chassis,
which poses a safety risk to knowing the specification of the cargo
tank. Therefore, to remove this possible scenario, PHMSA proposes to
require the specification plate be mounted to the cargo tank itself or
an integral supporting structure. Additionally, PHMSA proposes minor
editorial amendments for sentence structure clarity. These changes
increase regulatory consistency by aligning the specification plate
attachment language with that of the DOT 400 series cargo tank motor
vehicle specification.
Section 178.337-17
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-17 and 178.338-18'' for details on the revisions proposed to
this section.
Section 178.337-18
This section requires appropriate documentation certifying that a
completed cargo tank motor vehicle conforms to DOT Specification MC 331
cargo tank requirements and the ASME Code. PHMSA proposes revisions
that better align this section with the certification requirements (and
proposed changes) in Sec. Sec. 178.338-19 and 178.345-15 to increase
regulatory consistency and thus, compliance and safety.
Paragraph (a) details requirements for the cargo tank data report
and a certificate of construction. In the introductory text to
paragraph (a), PHMSA proposes to specify the data report is the ``cargo
tank's ASME Form U-1A data report as required by Section VIII of the
ASME Code'' to align with Sec. Sec. 178.338-19(a)(1) and 178.345-
15(b)(2). Additionally, as an editorial amendment, PHMSA proposes to
clarify the ``certificate'' is the ``Certificate of Compliance.'' PHMSA
proposes to make similar editorial changes in paragraphs (a)(1) and
(3).
Moreover, PHMSA proposes to add language to paragraph (a)(3) to
specify that when a cargo tank motor vehicle is manufactured in two or
more stages and after the cargo tank motor vehicle is brought into full
compliance with the applicable specification and ASME Code, the final
manufacturer must mark the specification plate with the cargo tank
motor vehicle certificate date and attach the specification plate to
the completed cargo tank in accordance with Sec. 178.338-18(a). PHMSA
expects this proposed language better aligns this section with
Sec. Sec. 178.338-19 and 178.345-15 and current ASME Code
requirements.
Lastly, PHMSA proposes to make a minor editorial amendment to
paragraph (a)(4) by removing the indication that the cargo tank motor
vehicle must have the Registered Inspector stamp, the specification
plate, and issue a Certificate of Compliance, and instead specifying
that the Registered Inspector shall complete these actions. This aligns
the paragraph better with Sec. Sec. 178.338-19 and 178.345-15.
Section 178.338-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Section 178.338-10
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-10 and 178.338-10'' for details on the revisions proposed to
this section.
Section 178.338-11
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the revision
proposed to this section.
Section 178.338-18
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-17 and 178.338-18'' for details on the revisions proposed to
this section.
Section 178.338-19
This section details the requirements for the certification of DOT
Specification MC 338 insulated cargo tank motor vehicles. PHMSA
proposes revisions that better align this section with the
certification requirements (and proposed changes) in Sec. Sec.
178.337-18 and 178.345-15 to increase regulatory clarity.
Paragraph (a) specifies documents that must be furnished to the
owner of a cargo tank motor vehicle. PHMSA proposes to move the current
language in paragraph (a)(1) to paragraph (a) introductory text, with
minor editorial amendments. Subsequently, PHMSA proposes to revise
paragraph (a)(1) to specify that the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a DCE. As mentioned, these changes better align this section with
Sec. Sec. 178.337-18 and 178.345-15 to increase regulatory consistency
and clarity. There are no proposed revisions to paragraph (a)(2), but
it appears in the regulatory text of this NPRM for the Federal
Register.
Paragraph (b) specifies requirements when a cargo tank is
manufactured in two or more stages. PHMSA proposes to redesignate
paragraph (b) as paragraph (a)(3) in addition to editorial amendments
to mirror Sec. 178.337-18. Additionally, PHMSA proposes to specify
that when the cargo tank motor vehicle is brought into full compliance
with the applicable specification and ASME Code, the final manufacturer
must mark the specification plate with the cargo tank motor vehicle
certificate date and attach the specification plate to the completed
cargo tank in accordance with Sec. 178.338-18(a). PHMSA also proposes
to remove the language in this paragraph related to what the
certification must include.
Paragraph (c) details requirements in the event of a change in
ownership. Because PHMSA proposes to redesignate paragraph (b) as
paragraph (a)(3), PHMSA proposes to redesignate paragraph (c) as
paragraph (b). Because of this proposed redesignation, PHMSA proposes
to reserve paragraph (c). Lastly, PHMSA proposes editorial amendments
in new paragraph (b) to align with other cargo tank specification
certification sections.
Section 178.345-1
This section details the general requirements for DOT Specification
406, 407, and 412 cargo tank motor vehicles. Paragraph (c) includes
definitions for
[[Page 85629]]
these types of cargo tank motor vehicles. However, there are several
definitions in Sec. 178.345-1 that are also found in Sec. 178.320,
some of which have different wording. As this could cause confusion,
PHMSA proposes to remove all the definitions which are already found in
Sec. 178.320. Reducing confusion in the regulations helps to increase
compliance and thus, safety. Additionally, and as discussed in
``Section IV. Section-by-Section Review; Part 178; Section 178.320,''
PHMSA proposes to move the definitions for sacrificial device and shear
section to Sec. 178.320 as they apply to other types of cargo tank
motor vehicles in addition to DOT Specification 406, 407, and 412 cargo
tank motor vehicles.
Section 178.345-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Section 178.345-8
This section details accident damage protection for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. Paragraph
(d) specifies rear-end tank protection, with paragraph (d)(1)
describing design requirements for the rear-end cargo tank protection
device. PHMSA proposes to split paragraph (d)(1) into two paragraphs--
paragraphs (d)(1)(i) and (ii)--to better clarify deflection design
requirements and increase readability, which ultimately increases
safety. PHMSA proposes that paragraph (d)(1)(i) contains the rear-end
cargo tank protection device design requirements for cargo tanks where
the rear-end protection device is on the same horizontal plane as the
component. PHMSA proposes that paragraph (d)(1)(ii) contains design
requirements for a rear-end cargo tank protection device when the
component is not on the same horizontal plane. This proposed language
is for clarification. Figure 1 details the difference between the
vertical plane and horizontal plane.
[GRAPHIC] [TIFF OMITTED] TP28OC24.000
Paragraph (d)(2) indicates the dimension requirements for the rear-
end cargo tank protection device. Paragraph (d)(3) specifies additional
design requirements for the rear-end protection device and its
attachments on DOT Specification 406, 407, and 412 cargo tank motor
vehicles. In paragraphs (d)(2)(i)-(iii) and (3), PHMSA proposes to
spell out the dimensions instead of using a numerical value, for
grammatical correctness.
During review of cargo tank motor vehicle manufacturers and other
facilities that design and install rear-end protection devices, FMCSA
inspectors identified that manufacturers who calculate and construct
rear-end devices were not properly calculating the 2 ``g'' impact,
which is a result of potentially confusing regulations in paragraph
(d)(3). As this results in non-compliant rear-end protection devices
that fail under impact, PHMSA proposes to revise paragraph (d)(3) to
clarify this requirement and ensure the continued safe transportation
of hazardous materials. To achieve this clarity, PHMSA proposes to
revise the term ``rated payload'' to ``gross vehicle weight rating''
and add a sentence to specify ``the structures supporting the rear-end
protection device, including the frame and the attachments to the frame
must be capable of withstanding the 2 `g' load.''
Section 178.345-11
This section details requirements for the openings, inlets, and
outlets of DOT Specification 406, 407, and 412 cargo tank motor
vehicles. Paragraph (b) requires each cargo tank loading/unloading
outlet to be equipped with an internal or external self-closing stop
valve. PHMSA proposes to revise paragraph (b)(1)(ii) to specify that if
the actuating system fails, each loading/unloading outlet must remain
securely closed and capable of retaining the cargo tank's lading. This
provides
[[Page 85630]]
additional clarification that failure is another circumstance where the
loading/unloading outlet must remain securely closed if the actuating
system fails. This increases safety because if the actuating system
fails, the outlet should still be closed and capable of retaining
liquid to ensure continued safe transportation of hazardous materials.
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the proposal to
add paragraph (b)(1)(iv) to this section.
Section 178.345-13
This section specifies the pressure and leakage test requirements
for DOT Specification 406, 407, and 412 cargo tank motor vehicles, with
paragraph (a) detailing that the pressure and leakage tests must be in
accordance with this section and Sec. Sec. 178.346-5, 178.347-5, or
178.348-5. PHMSA proposes to revise the language in paragraph (a) to
specify that the pressure and leakage tests must be performed by the
cargo tank motor vehicle manufacturer. This aligns with current
industry practice and provides a clear distinction on the person with
responsibility to perform these tests, which increases regulatory
compliance and safety.
PHMSA also proposes to add a sentence to specify the leakage test
shall be performed after the piping is installed on the cargo tank
motor vehicle. PHMSA and FMCSA expect that this aligns with current
industry practice, while ensuring the continued safe transport of the
cargo tank motor vehicle and reducing the likelihood of a release of
hazardous materials.
Section 178.345-14
This section specifies the marking requirements for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. Paragraph
(a) provides general certification requirements. PHMSA proposes to add
a clarifying statement to paragraph (a) that if information is required
to be displayed on the name plate, it does not need to be repeated on
the specification plate. This is consistent with other DOT
specification requirements.
PHMSA also proposes certain editorial amendments in this section.
Paragraph (b)(3) indicates that the tank MAWP in psig must be marked on
the tank nameplate. In this paragraph, PHMSA proposes to specify that
by ``tank,'' the requirement applies to a ``cargo tank.'' Paragraph (c)
provides requirements for marking of the specification plate, with
paragraphs (c)(6) and (7) requiring the marking of the maximum loading
and unloading rates, respectively. PHMSA proposes to revise paragraph
(c)(6) to allow for ``NONE'' and paragraph (c)(7) to allow for ``OPEN
MH'' or ``NONE'' as an indication of no limit on the loading and
unloading rate, respectively.
Lastly, paragraph (d) includes the requirements for a multi-cargo
tank motor vehicle. PHMSA proposes to revise this paragraph to refer to
the definition of design type in Sec. 178.320(b) instead of the ``same
materials, manufactured thickness, minimum thickness, and to same
specification.'' This revision is intended to clarify the intent of the
exception from the requirement to display multiple name plates for
compartmented cargo tanks separated by voids. ``Design type'' is a more
efficient and simpler phrase to communicate the intent of this
exception.
Section 178.345-15
This section details certification requirements for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. PHMSA
proposes revisions that better align this section with the
certification requirements (and proposed changes) in Sec. Sec.
178.337-18 and 178.338-19.
Paragraph (a) includes requirements for certification documents. In
paragraph (a), PHMSA proposes to expand the requirements. This includes
requiring that the cargo tank motor vehicle manufacturer must supply,
and the owner must obtain, a cargo tank's ASME Form U-1A data report as
required by Section VIII of the ASME Code and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to the DOT specification and the ASME Code. As
mentioned, this better aligns paragraph (a) with other cargo tank
certification requirements in Sec. Sec. 178.337-18 and 178.338-19.
Paragraph (b)(1) details the signatory requirements of the
certificate. Similar to proposed changes in paragraph (a), PHMSA
proposes to revise paragraph (b)(1) to specify the certificate must be
a Certificate of Compliance signed by an official of the cargo tank
motor vehicle manufacturer responsible for compliance, and a DCE.
Lastly, paragraph (e) includes requirements for specification
shortages. PHMSA proposes to revise paragraph (e) editorially to better
align this paragraph with other cargo tank specification certification
requirements. The substantive requirements for cargo tanks manufactured
in two or more stages are not changed in this proposal.
Section 178.348-1
This section specifies the general requirements for DOT
Specification 412 cargo tank motor vehicles. Paragraph (d) requires a
cargo tank with a MAWP greater than fifteen psig must be of circular
cross-section. Paragraph (e) specifies ASME construction requirements
depending on the MAWP of the cargo tank. Cargo tank manufacturers have
expressed confusion over the current regulatory requirements in this
section, particularly when a DOT 412 specification cargo tank must be
certified to the ASME Code. Therefore, to alleviate this confusion and
increase regulatory compliance, PHMSA proposes to revise paragraph (d)
to specify when a cargo tank motor vehicle has a MAWP greater than
fifteen psig, it must be constructed and certified in accordance with
Section VIII of the ASME Code. Subsequently, PHMSA proposes to revise
paragraph (e) to specify when a cargo tank motor vehicle has a MAWP of
fifteen psig or less, it must be constructed in accordance with Section
VIII. PHMSA also proposes to redesignate paragraphs (e)(2)(i)-(viii) as
paragraphs (e)(1)-(8) without making any revisions, other than an
editorial revision in current paragraph (e)(2)(iii) to spell out the
numerical value of 15 psig. These proposed revisions are not intended
to amend the intent of the section, but instead increase regulatory
clarity.
Part 179
Section 179.2
Section 179.2 is the definition section for tank car specifications
in part 179. PHMSA proposes to add introductory text to specify that
terms defined in Sec. Sec. 171.8 and 180.503 for tank car maintenance
and qualification also apply to part 179. This will help to address any
confusion with defined terms in these related regulatory sections.
In addition, PHMSA proposes to amend the following definitions:
Approved: In paragraph (a)(2), PHMSA proposes to remove
the reference to the AAR Tank Car Committee and replace it with a
reference to DCE approval. See ``Section II.B.2. Tank Car Design
Approval'' for additional details.
Tank car facility: PHMSA proposes to amend this definition
to express the original intent that only facilities that qualify tank
cars for transportation meet the definition. See ``Section II.B.4. Tank
Car Facility Definition'' for additional details.
[[Page 85631]]
PHMSA proposes to add the following definitions:
Component: PHMSA proposes to add this definition in
paragraph (a)(4) to mean ``service equipment, safety systems, linings
or coatings, other elements specifically required by this part and any
elements used to achieve a performance standard in this part.'' This
new definition is intended to align with commonly understood industry
usage and will increase clarity in the HMR.
Tank car: This new definition is proposed for the purposes
of construction, maintenance, and qualification in parts 179 and 180.
As proposed, tank car means ``a tank car tank and all of its
components.'' This definition aligns with commonly understood industry
usage and will increase clarity in the HMR. To ensure paragraph (a)
remains alphabetical, this new definition is proposed to replace the
currently reserved paragraph (a)(9).
Section 179.3
Section 179.3 currently prescribes requirements to submit tank car
designs to AAR for approval. PHMSA proposes to rename and extensively
revise this section to remove the requirement for AAR approval and
replace it with a requirement for design approval by a registered tank
car DCE. See ``Section II.B.2. Tank Car Design Approval'' for
additional details. PHMSA proposes that one Design Approval Certificate
issued for the tank car or service equipment will cover all tank cars
or service equipment built to an approved design, material and
construction, or modification, provided the tank cars or service
equipment are identical. When ownership of a tank car is transferred,
the new owner must obtain the Design Approval Certificate from the
previous owner or Design Certifying Engineer for the tank car to remain
in service. Builders and shippers may apply for special permits for
unapproved tanks and equipment, in accordance with the special permit
procedural requirements in Sec. Sec. 107.101-107.127.
Section 179.4
Section 179.4 currently prescribes requirements for proposing a new
tank car specification to AAR. PHMSA proposes to revise this section.
The role of the AAR TCC in the review of new tank car specifications is
proposed to be replaced with review by a registered tank car DCE.
Proposals for new tank car specifications must first be submitted for
review by a DCE. If the DCE determines the new specification design is
suitable, then the designer of the new specification design must then
apply to PHMSA for a DOT-SP to construct and use the tank cars or
submit a petition for rulemaking to add the new specification to the
HMR. See ``Section II.B.2. Tank Car Design Approval'' for additional
details.
Section 179.5
Section 179.5 currently prescribes requirements for the tank car
Certificate of Construction. PHMSA proposes to change the name of the
section from ``Certificate of construction'' to ``Design Approval
Certificate'' and extensively revise this section to reflect the new
DAC requirements. PHMSA proposes that the new DAC requirements
generally mirror the information and drawings currently required to be
submitted to AAR on AAR Forms 4-2 or 4-5, for tank car tanks and
service equipment, respectively. PHMSA proposes that the DCE must
ensure all required information is present on the DAC, review the
materials, certify compliance with the HMR by signing the certification
statement, and submit the DAC to the tank car owner.
While generally mirroring the information required on the AAR Form
4-2 or 4-5, PHMSA proposes that instead of requiring the initial
commodity (as currently required on AAR Form 4-2 or 4-5), the DAC must
list all of the materials intended for transportation in the tank car
and service equipment. This commodity information is critical to
determining appropriate materials of construction and fitting
arrangements for the tank car design, among other design
considerations. If a tank car user decides to use the tank car or
service equipment to transport a commodity not listed on the DAC, PHMSA
proposes that the DCE must modify the DAC to approve the transportation
of the new material before the tank car or service equipment may be
used for the new commodity. As proposed, the DCE must evaluate the
design of the tank car and service equipment, including but not limited
to material compatibility, design pressure, operating temperature, and
service life when determining whether the tank car or service equipment
is appropriate for the new commodity.
See ``Section II.B.2. Tank Car Design Approval'' for additional
details on these proposed changes.
Section 179.6
Section 179.6 prescribes requirements for tank car repairs and
alterations. PHMSA proposes a minor revision to this section. PHMSA
proposes to no longer require compliance with those sections of AAR
Specifications for Tank Cars Appendix R that require AAR approval for
tank car repairs. Rather, PHMSA proposes that for all tank car repairs
not specifically described in Appendix R, DCE approval is required.
Section 179.7
Section 179.7 prescribes requirements for a tank car facility QAP.
PHMSA proposes to no longer require tank car facilities to seek AAR
approval for QAPs. PHMSA proposes that each tank car facility must
register with PHMSA under proposed part 107 subpart J and certify that
it maintains QAP that meets the requirements of parts 107 and 179.
PHMSA proposes several additional revisions to the QAP
requirements:
Remove reference to ``repair'' in paragraphs (a)(2),
(b)(3), (b)(5), and (f) because ``repair'' is already encompassed in
the Sec. 180.503 definition of maintenance.
Remove ``program'' in paragraph (a)(2), to clarify that
the QAP must identify non-conformities in the tank car during
manufacture, inspection, testing, qualification, and maintenance of the
tank car.
Add the phrase ``qualification and maintenance'' in
paragraph (b)(3) to align the scope of the QAP with qualification.
Revise paragraph (b)(4) to require that the tank car
facility's QAP covers all materials and components that are installed
to create the tank car. The tank car facility that qualifies the car is
responsible for all activities prior to qualification.
Add the word ``applicable'' to paragraph (b)(8) to
indicate there are requirements in the AAR Specifications for Tank Cars
that are no longer applicable to tank car facilities (e.g., approval
requirements).
Remove ``AAR'' from paragraph (d) because PHMSA proposes
to no longer require AAR approval. See ``Section II.B.2. Tank Car
Design Approval'' for additional details.
Revise paragraph (f) to add a requirement that a tank car
facility must maintain a valid tank car facility registration in
accordance with part 107, subpart J.
See ``Section II.B.3. Tank Car Facility Quality Assurance Program''
for further details on the proposed changes to QAP requirements.
Section 179.10
Section 179.10 discusses requirements for tank mounting. PHMSA
proposes to require that tank mounting arrangements meet the
requirements of AAR Specifications for Tank Cars Chapter 6 in currently
reserved paragraph (b). This will address NTSB Recommendation R-12-
[[Page 85632]]
007, which recommends that PHMSA address deficiencies in tank car
center sill or draft attachment designs by adopting AAR's revised
attachment requirements. The 2014 edition of AAR Specifications for
Tanks Cars proposed for incorporation contains the recommended revised
center sill and draft attachment requirements, which addresses separate
NTSB Recommendation R-12-009 issued to AAR.
Section 179.11
Section 179.11 prescribes the requirements for tank car welding
procedures. Paragraph (a) currently requires that welding procedures,
welders, and fabricators be approved by AAR. PHMSA proposes to revise
paragraph (a) to require that welding procedures, welders, and
fabricators must meet the requirements in AAR Specifications for Tank
Cars Appendix W, except for compliance with paragraph 1.2. Appendix W,
which is already incorporated by reference into the welding-specific
sections in part 179 (e.g., Sec. 179.100-9). If this proposal were
adopted in a final rule, compliance with paragraph 1.2 of Appendix W,
which requires AAR certification for the facility at which the welding
occurs, would no longer be required. Facilities that conduct fusion
welding on tank cars that meet the definition of ``tank car facility,''
as proposed in this NPRM, must register with PHMSA. See ``Section
II.B.4. Tank Car Facility Definition'' and ``Section II.B.5. Tank Car
Facility and Design Certifying Engineer Registration'' for further
details.
Section 179.24
This section discusses requirements for permanent identification
plates mounted on the inboard surfaces of the body bolsters of a tank
car. PHMSA proposes to revise paragraph (a)(2), to remove reference to
the AAR form. Additionally, PHMSA proposes to remove and reserve
paragraph (a)(3)(i), which, requires stamping the AAR Number on the
identification plates. PHMSA proposes these edits to conform to the
proposal to replace AAR TCC approval with approval by a tank car DCE.
Specifically, PHMSA proposes to remove reference to AAR Form 4-2 in
paragraphs (a)(2), (a)(2)(i), (a)(2)(iv), (a)(2)(v), (a)(2)(viii), and
(a)(3)(i), as PHMSA proposes to replace the AAR Form 4-2 requirement
with a DAC. Additionally, PHMSA proposes to remove and reserve
paragraph (a)(2)(iii) to remove the requirement to stamp the AAR
approval number as this has no equivalent in the DAC.
Sections 179.100-9, 179.100-10, 179.100-18, 179.200-10, 179.200-11,
179.200-22, 179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11,
179.400-12, 179.400-15, and 179.400-18
These sections deal with welding requirements for tank cars and
incorporate by reference the AAR Specifications for Tank Cars (M-1002)
Appendix W. In each section, PHMSA proposes to add language indicating
compliance with paragraph 1.2 of Appendix W is not required, because
that paragraph of Appendix W requires AAR certification for the
facility at which welding occurs. Facilities that conduct fusion
welding on tank cars that meet the definition of ``tank car facility,''
as proposed in this NPRM, must register with PHMSA. Tank car facilities
that qualify tank cars that have undergone welding at another location
are responsible for ensuring that the welding operations are conducted
in accordance with Appendix W. See ``Section II.B.4. Tank Car Facility
Definition'' and ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for further details. Additionally,
in Sec. Sec. 179.100-9, 179.200-10, and 179.220-10, PHMSA proposes to
remove the sentence requiring that welding procedures, welders, and
fabricators be approved. Welding procedures, as well as welder and
fabricator qualification must be addressed in a tank car facility's
quality assurance program. See ``Section II.B.3. Tank Car Facility
Quality Assurance Program'' for additional details.
Section 179.100-9
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.100-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.100-12
Section 179.100-12 outlines the use of manway nozzles, covers, and
protective housing on rail cars. Paragraph (c) details requirements for
bolting the protecting housing to the manway cover. PHMSA proposes to
revise Sec. 179.100-12(c) to permit the use of an alternative means of
connecting the manway protection housing to the tank car. See ``Section
II.F. P-1724'' for further discussion on this proposed change. PHMSA
also proposes a minor grammatical amendment to paragraph (c) to spell
out ``seventy percent'' instead of a numerical value.
Section 179.100-18
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.102-3
Section 179.102-3 prescribes additional requirements for pressure
tank cars containing poisonous-by-inhalation material. PHMSA proposes
to IBR the requirements of section 2.2.1.2 of Chapter 2 of the AAR
Specifications for Tank Cars, M-1002. Specifically, PHMSA proposes to
require tank cars manufactured after the effective date of an eventual
final rule that transport poisonous-by-inhalation hazardous material
have tank car heads and shells that are Charpy impact tested in
accordance with the requirements of section 2.2.1.2.
Please note that the exception in AAR Specifications for Tank Cars
Chapter 2 section 2.2.1.2 exempts shell and head material intended for
low temperature service that is subject to longitudinal Charpy impact
testing at -50 [deg]F from the transverse Charpy impact test.
Therefore, steel used for the head and shell of hydrogen chloride tank
cars is not subject to the transverse Charpy impact test proposed here
but remains subject to the longitudinal Charpy impact testing at -50
[deg]F in accordance with Sec. 179.102-17.
This proposed change responds to NTSB recommendation R-19-001,\52\
which recommended that PHMSA implement enhanced fracture toughness
requirements for tank heads and shells for tank cars transporting
poisonous-by-inhalation material. Although not incorporated by
reference in the HMR, tank car manufacturers have been subject to this
test requirement since 2005 through AAR interchange standards.
Therefore, PHMSA expects that this proposed amendment will not place
any additional burden on tank car manufacturers while improving safety
[[Page 85633]]
by increasing clarity on steel toughness requirements for PIH tank
cars.
---------------------------------------------------------------------------
\52\ See NTSB Safety Recommendation R-19-001: https://www.ntsb.gov/safety/safety-recs/recletters/R-19-001-005.pdf.
---------------------------------------------------------------------------
Section 179.103-5
Section 179.103-5 prescribes requirements for bottom outlets for
DOT-114A tank cars. In accordance with the proposal to remove all
reference to approval by the AAR, PHMSA proposes to remove the phrase
``approved by the AAR Committee on Tank Cars'' in paragraph (b)(1) for
permanent attachment of supplementary exterior fittings. As proposed, a
DCE will fill the approval role previously delegated to AAR. See
``Section II.B.2. Tank Car Design Authority'' for additional details.
Section 179.200-7
This section specifies authorized materials of construction for
non-pressure tank car tanks (Classes DOT-111AW, 115AW, and 117AW).
Paragraph (b) specifies allowable steels for the carbon steel plate.
Currently, ASTM A 537 steel is not authorized in paragraph (b).\53\
However, ASTM A 537 steel has similar properties to ASTM A 516 steel,
which is currently authorized in paragraph (b). Furthermore, ASTM A 537
steel is currently authorized in Sec. 179.100-7 for pressure tank
cars. PHMSA has also received a petition requesting authorization to
use ASTM A 537 steel in construction of non-pressure tank cars (P-1760;
Baier Rail).\54\ Lastly, PHMSA has issued DOT-SP 20908 to allow for the
use of ASTM A 537 steel for non-pressure tank car tanks.\55\ Therefore,
PHMSA proposes to add ASTM A 537 steel to the table in paragraph (b).
Please note, DOT-SP 20908 requires radiographic examination for 1 out
of every 50 nozzle groove weld joints produced in accordance with the
special permit. This condition is a requirement associated with the
7.5-inch nozzle extension authorized in the special permit; therefore,
we do not propose to adopt this condition into the HMR for tank cars
and appurtenances constructed solely from ASTM A 537 steel. PHMSA seeks
comment on this proposal.
---------------------------------------------------------------------------
\53\ See Letter of Interpretation Reference No. 19-0076: https://www.phmsa.dot.gov/regulations/title49/interp/19-0076.
\54\ See https://www.regulations.gov/document/PHMSA-2021-0101-0001.
\55\ See DOT-SP 20908: https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP20908.pdf/offerserver/SP20908.
---------------------------------------------------------------------------
Section 179.200-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.200-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.200-17
Section 179.200-17 prescribes requirements for bottom outlets for
DOT-111 and DOT-117 non-pressure tank cars. In accordance with the
intent to remove all references to approval by the AAR TCC, PHMSA
proposes to remove the phrase ``by the AAR Committee on Tank Cars.'' A
DCE will fill the approval role previously delegated to AAR. See
``Section II.B.2. Tank Car Design Authority'' for additional details.
Section 179.200-22
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-15
Section 179.220-15 details requirements for support systems for
DOT-115 tank cars. PHMSA proposes to remove the phrase ``of approved
design'' from paragraph (b) for cushioning devices. It is PHMSA and
FRA's understanding that AAR approvals are not currently issued for
cushioning devices. Therefore, PHMSA proposes that a tank car
manufacturer may certify the cushioning device tested to meet the
performance standards of paragraph (b) without requiring approval from
the DCE. Safety will be maintained by continuing to require that all
systems used to meet the requirements of this section must be tested by
the manufacturer to demonstrate their ability to limit body forces to
400,000 pounds maximum at a ten miles per hour impact. PHMSA also
proposes a minor editorial change to spell out ``ten miles per hour''
instead of the numerical value ``10.''
Section 179.220-18
Section 179.220-18 prescribes requirements for bottom outlets for
DOT-115 tank cars. In accordance with the proposed removal of all
reference to approval by the AAR TCC, PHMSA proposes to remove the
phrase ``by the AAR Committee on Tank Cars.'' A DCE will fill the
approval role previously delegated to AAR. See ``Section II.B.2. Tank
Car Design Authority'' for additional details.
Section 179.300-9
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.300-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-5
Section 179.400-5 prescribes requirements for weld-impact test
results. PHMSA proposes an editorial correction to this section to
insert the required language to make the IBR of Appendix W valid. It
appears the omission of IBR language was an oversight, and PHMSA
proposes to correct it. Additionally, PHMSA proposes to add language
indicating that compliance with paragraph 1.2 of Appendix W is not
required, because that section requires AAR approval. See ``Section
II.B.6. AAR Specifications for Tank Cars Incorporation by Reference''
for additional details.
[[Page 85634]]
Section 179.400-6
Section 179.400-6 prescribes bursting and buckling pressure
requirements for the outer jacket of a cryogenic liquid tank car. PHMSA
proposes to fix an editorial error and IBR Chapter Six of AAR Manual of
Standards and Recommended Practices, Section C-II Specifications for
Design, Fabrication and Construction of Freight Cars, rather than
Chapter Six of AAR Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars, Specification M-1002.
Section 6.2 does not exist in C-III, while section 6.2 is the relevant
section in C-II; PHMSA has identified that this error dates back to the
creation of Sec. 179.400-6 in final rule HM-115.\56\ PHMSA expects
that this editorial change will increase clarity without creating any
additional burden on DOT-113 manufacturers.
---------------------------------------------------------------------------
\56\ 48 FR 27674 (Jun. 16, 1983).
---------------------------------------------------------------------------
Section 179.400-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-12
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-13
Section 179.400-13 details requirements for support systems for
cryogenic liquid tank cars. PHMSA proposes to remove the phrase ``of
approved design'' from paragraph (b) for cushioning devices. It is
PHMSA and FRA's understanding that approvals are not currently issued
for cushioning devices. Therefore, PHMSA proposes a tank car
manufacturer may certify the cushioning device tested to meet the
performance standards of paragraph (b) without requiring approval from
the DCE. Safety will be maintained by continuing to require that all
systems used to meet the requirements of this section must be tested by
the manufacturer to demonstrate their ability to limit body forces to
400,000 pounds maximum at a ten miles per hour impact. In addition,
PHMSA proposes a minor editorial amendment to spell out ``ten miles per
hour'' as opposed to the numerical value.
Section 179.400-15
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-18
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-19
Section 179.400-19 prescribes requirements for valves of cryogenic
liquid tank cars. PHMSA proposes to remove the separate approval
requirement for valve packing in paragraph (a)(2). The DCE will
evaluate valve packing material in the valve approval process.
Section 179.500-17
Section 179.500-17 prescribes marking requirements for DOT 107A
seamless steel tank cars. PHMSA proposes to remove the reference to the
AAR Bureau of Explosives as it is obsolete because they no longer
perform this function.
Section 179.500-18
Section 179.500-18 discusses recordkeeping for DOT 107A seamless
steel tank cars. PHMSA proposes several revisions to remove obsolete
references to approvals issued by AAR's Bureau of Explosives from
paragraphs (a) and (b)(6) and update the section to reference the DCE
in paragraph (c). The reference to AAR Bureau of Explosives is obsolete
because they no longer perform this function, and PHMSA proposes to
require DCE approval of tank car designs, rather than approval by AAR
TCC.
Appendix B to Part 179
Appendix B to part 179 specifies procedures for conducting
simulated pool and torch-fire testing of thermal protection systems, as
required by Sec. 179.18(c). Review of test results submitted to the
Department show there are some inconsistencies in the application of
the test due to the lack of certain parameters for clarity in the
procedures in Appendix B. PHMSA proposes the following revisions to
ensure consistent and repeatable application of the tests, which will
ultimately enhance safety. These proposed revisions received a
consensus vote during the May 25, 2017, RSAC meeting and were offered
to PHMSA and FRA for consideration.
Paragraph 1: PHMSA proposes to add additional text to clarify that
the sample of thermal resistance material used shall be identical
(within measurement error) for each test performed under Appendix B in
terms of thickness, and thermodynamic and physical properties.
Paragraph 2(a)(1): PHMSA proposes to revise this paragraph to
specify the location and frequency of measurements of flame temperature
throughout the duration of the test, and that calibration tests must be
performed with the steel plate in position.
Paragraph 2(a)(2): PHMSA proposes an editorial change to add metric
units to the plate dimensions, which is consistent with dimensions in
this paragraph.
Paragraph 2(b)(6): PHMSA proposes to revise this paragraph to add
language indicating the consecutive tests must be conducted separately
and at different times.
Paragraph 3(a)(1): PHMSA proposes to revise this paragraph to
indicate the location and frequency of measurements of flame
temperature throughout the duration of the test, and that calibration
tests must be performed with the steel plate in position. PHMSA
proposes that the temperature and torch velocity must be measured at a
distance of not more than 15 cm (6 in) from the test sample surface,
along the axis of the fire.
Paragraph 3(a)(2): PHMSA proposes an editorial change to add metric
units to the plate dimensions, consistent with dimensions in this
paragraph.
Paragraph 3(b)(6): PHMSA proposes to revise this paragraph to add
language indicating that the consecutive tests must be conducted
separately and at different times.
Part 180
Section 180.3
Section 180.3 details general requirements for the continuing
qualification of packagings. Paragraph (b)(3) specifies that test dates
displayed in association with certain markings may not be marked unless
they are appropriate. PHMSA proposes to add DOT-SP markings to the list
of markings in paragraph (b)(3). This proposal provides clarity, as
these markings are currently authorized but not listed in this
paragraph.
PHMSA also proposes to add paragraphs (c) and (d) to specify
[[Page 85635]]
additional provisions that are not authorized under this section.
Paragraph (c) indicates that a person may not mark that a package has
passed a test or inspection if it has not actually passed that test or
inspection. Paragraph (d) specifies that no person shall falsify a
document or marking indicating that a packaging has passed a test or
inspection. Both of these paragraphs provide additional clarity and
ensure increased safety; they do not add any new restrictions, as these
actions were not and are not authorized prior to publication of this
rulemaking.
Section 180.403
This section provides definitions for the qualification and
maintenance of cargo tanks. PHMSA proposes to revise the following
Sec. 180.403 definitions:
Repair: PHMSA proposes to utilize the existing definition
of rebarrelling to better define the term repair. As defined in Sec.
180.403, rebarrelling means ``replacing more than 50 percent of the
combined shell and head material of a cargo tank.'' Alternatively, in
the event that less than 50 percent of the combined shell and head
material is replaced, the process is considered a repair. Therefore, to
remove any ambiguity, PHMSA proposes to revise repair to include that
it means the replacement of 50 percent or less of the combined shell
and head material of a cargo tank. Finally, PHMSA proposes a minor
editorial revision to move the word ``and'' to connect the second and
third exclusion clauses. This proposed edit corrects a minor drafting
error.
The following definitions are proposed to be added to Sec.
180.403:
Certification Plate: As previously discussed, there has
been considerable confusion regarding the use of ``name plate'' or
``specification plate.'' This uncertainty is amplified when considering
the challenges associated with mounting a used ASME Code cargo tank to
a new chassis. PHMSA is proposing the addition of definitions for
``Name Plate'' and ``Specification Plate'' into Sec. 178.320; however,
these terms do not apply to a data plate attached to a cargo tank that
is still in use but is no longer authorized for construction (as
identified by Sec. 180.405(c)). The correct term for a data plate
attached to this type of tank is ``certification plate.'' Therefore,
PHMSA proposes to define ``certification plate'' to mean a data plate
containing the applicable markings provided in the original
specifications for cargo tanks no longer authorized for construction
(as identified in Sec. 180.405(c)), and permanently attached to the
cargo tank or integral supporting structure by the manufacturer. The
markings on this plate are certification by the manufacturer that the
cargo tank or the cargo tank motor vehicle has been designed,
constructed, and tested in accordance with the applicable
specification.
Maintenance: PHMSA proposes to add this definition for
ease of understanding and reading as the term ``maintenance'' is used
throughout part 180, subpart E but it is not currently defined and
PHMSA expects this proposed definition will increase clarity without
reducing safety. PHMSA proposes that Maintenance means ``the
replacement of components that do not involve welding on a cargo tank
wall, on specification cargo tanks or cargo tank motor vehicles.'' This
aligns with the current definition of repair and rebarelling as both of
these functions involve welding, while as proposed, maintenance means
replacement of components that does not involve welding.
Objectively reasonable and articulable belief: PHMSA
proposes to add a definition for the phrase ``Objectively reasonable
and articulable belief.'' This means ``a belief based on particularized
and identifiable facts that provide an objective basis to believe or
suspect that a cargo tank or series of cargo tanks may be in an unsafe
operating condition.'' This phrase will be added as a standard in Sec.
180.407(b)(5), as a condition that requires test and inspection of a
cargo tank, replacing ``probable cause.'' This phrase and definition
align with existing language for tank cars in part 180 subpart F. The
intent of this revision is to clarify the standard by which a FMCSA
investigator or other representative of the Department may require a
cargo tank to be inspected and tested prior to further transportation.
Set pressure: PHMSA and FMCSA identified potential
confusion because the terms ``set pressure'' and ``set to discharge
pressure'' are used in various places in the HMR without a
corresponding definition in Sec. 180.403. In order to increase
regulatory clarity and avoid this confusion, PHMSA proposes to define
set pressure to mean the pressure of the PRD or pressure relief system
at which it starts to open, allowing discharge. This aligns with the
definition of set pressure in Sec. 178.345-10(d) of the HMR.
Section 180.405
This section details requirements for the qualification of cargo
tanks. Paragraph (b) outlines authorized cargo tank specifications and
provides requirements for how to recertify cargo tanks that are no
longer authorized to be manufactured (e.g., MC 306, MC 307 or MC 312
specification cargo tanks). However, the HMR does not specify how to
replace a specification plate when it is missing. PHMSA has received
comments from industry and enforcement communities who have struggled
in addressing this situation because of its absence from the HMR.
Therefore, PHMSA proposes to provide standards for the replacement of
DOT specification certification plates with requirements for different
scenarios in new paragraph (b)(3), along with a documentation
requirement to provide traceability. These proposed scenarios reduce
regulatory uncertainty while ensuring that cargo tanks can safely
transport hazardous materials.
Paragraph (c)(2) details requirements for modification of PRDs and
outlets. PHMSA proposes an editorial amendment to paragraph (c)(2) by
specifying that the paragraph applies to ``cargo tank motor vehicles,''
as opposed to just ``cargo tanks'' for regulatory consistency.
Additionally, PHMSA proposes to remove paragraphs (c)(2)(i)-(vii) and
instead in paragraph (c)(2), reference Sec. Sec. 173.33(d) and
180.405(h), as these regulations are duplicative. By removing
duplicative regulations, PHMSA eliminates any potential inconsistency
between the same requirements. These proposed revisions are not
intended to change the current regulatory requirements.
PHMSA also proposes to add paragraph (c)(3) to specify that ``a
cargo tank motor vehicle manufactured and certified prior to the dates
listed in table 1 and table 2 of [Sec. 180.405] may be mounted on a
different truck chassis provided the mounting and certification is done
in accordance with this subchapter.'' This new proposed paragraph
provides regulatory clarity and allows for flexibility in mounting a
cargo tank that is no longer authorized to be manufactured onto a new
chassis, enhancing the safe transportation of hazardous materials in
cargo tanks.
Paragraph (h)(3) specifies requirements for modifying reclosing
PRDs to more current cargo tank specifications. PHMSA proposes to amend
this paragraph editorially by adding a reference to Sec. 173.33(d) and
indicating that this requirement applies to a ``cargo tank motor
vehicle,'' instead of just a ``cargo tank.''
Paragraph (j) indicates requirements for withdrawal of a
specification cargo tank certification. PHMSA proposes to revise this
paragraph to indicate when the specification plate is removed,
obliterated, or securely covered, it must withstand conditions normally
incident
[[Page 85636]]
to transportation. FMCSA has encountered cargo tank motor vehicles
where adhesive tape or other non-durable method has been used to cover
the specification plate but the covering has worn off or been removed;
thus, the cargo tank may indicate that it meets a specification when it
is no longer in compliance. This proposal is intended for clarification
purposes and thus, will enhance safety, as the specification plate
should not currently be displayed if the cargo tank does not meet the
appropriate specification referenced. PHMSA also proposes minimal
editorial amendments to this paragraph to align with the rest of the
HMR. Specifically, PHMSA proposes to replace ``cargo tank'' with
``cargo tank motor vehicle,'' ``certificate'' with ``Certificate of
Compliance,'' and re-order the references to Sec. Sec. 180.407 and
180.413 so that Sec. 180.407 appears first.
Lastly, PHMSA proposes to add paragraph (p) to specify that at the
next external visual inspection after the effective date of this final
rule, Registered Inspectors must inspect the mechanical means of remote
closure to ensure that access or means of manual operation is
unobstructed from operation. This proposal mirrors the language
proposed in Sec. Sec. 178.337-8, 178.338-11, and 178.345-11. FMCSA has
encountered cargo tank motor vehicles where the mechanical means of
remote shut off device has been obstructed by various appurtenances and
equipment that were added after the date of manufacture. As
obstructions to the manual remote emergency shut off device may result
in an incident, PHMSA proposes to add this paragraph in order to
address this safety concern.
Section 180.407
This section contains requirements for properly conducting tests
and inspections on cargo tank motor vehicles. Since 2003 (when PHMSA
last published a cargo tank-specific rulemaking) PHMSA has issued more
than 50 letters of interpretation related to Sec. 180.407. In
addition, FMCSA issued over 550 violations related to this section in
2019 alone. In listening sessions, enforcement actions, and questions
raised during FMCSA/NTTC Cargo Tank Workshops, the cargo tank regulated
community has expressed concerns regarding the implementation of this
section. PHMSA and FMCSA acknowledge that the requirements of Sec.
180.407, as currently written, generate confusion and create compliance
issues in the cargo tank regulated community. To address this confusion
and increase understanding of, and compliance with, cargo tank testing
and inspection requirements, PHMSA proposes to amend certain
paragraphs, as described below. Ultimately, PHMSA expects that by
reducing confusion and providing increased clarity, these proposed
amendments will increase safety. Please note that paragraphs not
discussed below but contained in the proposed regulatory text, do not
contain proposed changes, but rather are included in the proposed
regulatory text for the convenience of the Federal Register.
Paragraph (a)(1)
This paragraph currently specifies a cargo tank constructed in
accordance with a DOT specification, for which a test or inspection has
become due, may not be filled and offered for transportation or
transported until the test or inspection has been successfully
completed. PHMSA proposes several revisions to provide more regulatory
clarity, which ensures further compliance with the HMR.
PHMSA proposes to specify this paragraph applies to a ``cargo tank
motor vehicle'' instead of a ``cargo tank'' as this is more technically
correct and aligns with other proposals.
PHMSA also proposes to indicate this paragraph also applies to
cargo tank motor vehicles that may not be a DOT specification but may
be otherwise subject to this section. This increases safety by ensuring
that a cargo tank transporting hazardous materials is not filled and
offered if the part 180 subpart E test or inspection date has passed,
regardless if it is a specification cargo tank. For example, Sec.
180.407(h) details requirements for certain non-specification cargo
tank leakage test requirements. This proposal ensures these non-
specification cargo tank motor vehicles may not be filled and offered
for transportation if the leakage test date has passed and the cargo
tank motor vehicle has not been retested.
Lastly, PHMSA proposes to indicate more clearly that a cargo tank
motor vehicle filled prior to the test or inspection due date may still
be offered for transportation or transported after the test or
inspection due date has passed, as also indicated in Sec.
173.33(a)(3). This is currently authorized in the HMR and this proposal
reinforces that allowance. Furthermore, while Sec. 173.33(a)(3) refers
to Sec. 180.407(a)(1), there is no reciprocal reference to Sec.
177.33(a)(3) in Sec. 180.407(a)(1). Therefore, PHMSA proposes to
reinforce the allowance for a cargo tank to be offered for
transportation after the inspection or test date has passed, as long as
the cargo tank was filled prior to the inspection or test expiration,
and add a reference to Sec. 173.33(a)(3) to complete the cross-
reference. As this is currently authorized, this proposed revision
provides clarity without reducing safety.
Paragraph (a)(2)
This paragraph specifies that, except during a pressure test, a
cargo tank may not be subjected to a pressure greater than its design
pressure or MAWP. PHMSA proposes an editorial amendment to specify that
the MAWP referenced in this requirement is the one marked on the name
plate or specification plate. These editorial revisions will enhance
clarity, and PHMSA does not expect they will reduce safety.
Paragraph (a)(5)
This paragraph requires a cargo tank to be marked in accordance
with Sec. 180.415 when it has passed a test or inspection. PHMSA
proposes an editorial amendment to change ``cargo tank'' to the more
appropriate ``cargo tank motor vehicle.''
Paragraph (a)(6)
This paragraph contains requirements for a cargo tank that has
failed a prescribed test or inspection. PHMSA proposes to specify that
the paragraph applies to a ``cargo tank motor vehicle'' instead of a
``cargo tank'' as an editorial amendment.
While paragraph (a)(6) only applies to a cargo tank that has failed
a prescribed test or inspection, there is a potential regulatory gap
for a cargo tank that was improperly tested. It is possible that an
improperly tested cargo tank motor vehicle may have failed the
prescribed test or inspection if it had been properly conducted. To
address this safety gap, PHMSA proposes to require that paragraph
(a)(6) also applies to a cargo tank motor vehicle that ``has not been
properly inspected.'' Therefore, if it has been improperly inspected,
the cargo tank motor vehicle can be retested or taken out of hazardous
materials service.
Paragraph (a)(6)(ii)
This paragraph specifies when meeting the criteria in paragraph
(a)(6) (e.g., a cargo tank has failed a prescribed test or inspection),
a cargo tank must be removed from hazardous materials service and the
specification plate must be removed or covered in a secure manner.
PHMSA proposes to revise this paragraph to specify when the
specification plate is covered, it must be covered in a manner that
can, at a minimum, withstand conditions normally incident to
transportation. As noted in ``Section IV. Section-by-Section
[[Page 85637]]
Review; Part 180; Section 180.405,'' FMCSA has encountered cargo tank
motor vehicles where adhesive tape or another non-durable method was
used to cover the specification plate, but the covering had worn off or
been removed. Therefore, the specification plate indicates the cargo
tank motor vehicle meets a specification when it is actually no longer
in compliance. This proposal aims to reduce the likelihood of this
occurring and increase safety. Note that this is a clarifying amendment
and even though not in the regulations, it is currently good practice
to cover the specification plate in such a way that ensures any
covering can withstand conditions normally incident to transportation.
Paragraph (a)(7)
PHMSA proposes to add this paragraph to specify all equipment and
instruments used in part 180 subpart E tests and inspections must be
calibrated and maintained according to the manufacturer's instructions.
FMCSA has found numerous instances of poorly maintained or uncalibrated
equipment being used to qualify cargo tank motor vehicles. This change
aims to eliminate any errors in testing caused by poorly maintained
equipment and ultimately, increase safety. Additionally, to ensure
compliance with this requirement, PHMSA proposes to require the
facility to maintain records of the calibration and to retain a copy of
the two most recent calibrations, which must be made available to a
representative of the Department upon request.
Paragraph (a)(8)
PHMSA proposes to add paragraph (a)(8) to allow for the use of
video cameras or fiber optic equipment during any test or inspection,
provided that all of the required areas and elements that need to be
tested or inspected can be viewed and evaluated in accordance with part
180 subpart E. This provides flexibility in performance of tests and of
inspections, while maintaining an equivalent level of safety. Records
of the test and inspections must be recorded, as currently required in
Sec. 180.417, but there is no requirement to maintain the video camera
recordings.
Paragraph (a)(9)
PHMSA proposes to add this paragraph to require the use of the
hydrostatic test method for the pressure test whenever the test
pressure exceeds 50 psig, except for DOT Specification MC 338 cargo
tank motor vehicles in cryogenic service. Essentially, this new
paragraph restricts the use of pneumatic testing whenever the test
pressure exceeds 50 psig. There is a significant reduction in the
potential for serious injury or death when comparing the pneumatic test
to the hydrostatic test at high pressures, due to the incompressible
properties of water. Therefore, this proposal ensures that a
hydrostatic test is used to test cargo tanks at high pressures to
address the high potential safety concern from use of pneumatic
testing. In addition, this new paragraph mirrors the limitation for
testing of small gas cylinders pneumatically.
PHMSA also proposes to specify that ``in all pressure and leakage
tests, suitable safeguards must be provided to protect personnel should
a system failure occur.'' This proposed requirement aims to minimize
the risks and reduce the impact of incidents, including the sudden
release of compressed air or liquid, and flying debris, associated with
performance of pressure tests.
Paragraph (a)(10)
PHMSA proposes to add this paragraph to require that the Registered
Inspector must consult with the owner or motor carrier, as appropriate,
to determine if materials corrosive or reactive to the cargo tank or
components were transported in the cargo tank motor vehicle prior to or
since the last test or inspection was performed. The Registered
Inspector shall indicate this information on the Sec. 180.415 report
and use the information to determine the proper tests and inspections
to be conducted on the cargo tank motor vehicle. Cargo tank motor
vehicles that have transported material corrosive to the tank are
subject to a thickness test, and more frequent internal visual
inspections to ensure the lading has not reduced the thickness of the
tank below the minimum required thickness. Registered Inspectors often
comment to FMCSA that they have no way of determining what the cargo
tank motor vehicle has transported since the last inspection, and
therefore, this proposed requirement aims to remedy the concerns raised
by Registered Inspectors. This also ensures the proper tests and
inspections are conducted on the cargo tank motor vehicle based on the
hazardous materials that were transported in the cargo tank, which
increases the future safe transportation of the cargo tank motor
vehicle.
Paragraph (a)(11)
This new proposed paragraph requires all sources of spark, flame,
or glowing heat within the area of enclosure where the tests and
inspections are conducted (including any heating system drawing air
therefrom) are extinguished, made inoperable, or rendered explosion-
proof by a suitable method prior to any tests or inspections subject to
this subpart. PHMSA and FMCSA expect that this proposal will reduce the
potential for any incidents involving spark, flame, or glowing heat.
PHMSA and FMCSA expect that this new paragraph reduces the potential
for any incidents involving sparks, flames, or glowing heat while
conducting cargo tank tests and inspections and therefore, increases
safety.
Paragraph (b)(1)
This paragraph details certain tank defects that require a cargo
tank to be tested and inspected without regard to any other test or
inspection requirements. PHMSA proposes to revise this paragraph by
adding ``bulges'' to the list of tank defects. If the cargo tank shows
evidence of bulges, it demonstrates a potential failure in the
structural integrity of the cargo tank. Therefore, to ensure continued
safe transportation of hazardous materials in cargo tanks, PHMSA
proposes to add this additional tank defect to the list that requires
test and inspection. In addition, PHMSA proposes editorial amendments
to this paragraph including adding a reference to the definition of
minimum thickness in Sec. 178.320, and other grammatical edits for
increased readability.
Paragraph (b)(3)
This paragraph specifies a cargo tank that has been out of
hazardous materials transportation service for a period of one year or
more must be pressure tested in accordance with Sec. 180.407(g), prior
to returning to service. PHMSA proposes minor editorial edits to this
paragraph, including specifying that this paragraph applies to a
``cargo tank motor vehicle'' instead of ``cargo tank'', specify ``one
year'' as a numerical value for grammatical purposes, and that the
pressure test is required prior to further use ``in hazardous materials
transportation.'' These editorial amendments help to increase
regulatory consistency and clarity, thus ensuring safe transportation.
Paragraph (b)(5)
This paragraph currently states that a specification cargo tank
must be tested and inspected if the Department so requires based on the
existence of probable cause that the cargo tank is in an unsafe
operating condition. The term ``probable cause'' normally refers to
criminal matters and not necessarily an appropriate standard to apply
to
[[Page 85638]]
scenarios requiring test and inspection of cargo tanks. Therefore,
PHMSA proposes to replace ``probable cause'' with ``objectively
reasonable and articulable belief.'' This standard is currently in use
in part 180 subpart F for tank cars, and PHMSA believes it is also the
proper standard for cargo tanks in part 180 subpart E.
PHMSA takes the position that if an investigator inspects a cargo
tank motor vehicle and determines it is in need of inspection or re-
inspection because evidence has been discovered that the original tests
were not performed in accordance with the regulations--or because of
defects in the cargo tank motor vehicle itself--that these facts are
sufficiently considered an ``objectively reasonable and articulable
belief.'' Therefore, PHMSA proposes to revise this paragraph to replace
``probable cause'' with ``objectively reasonable and articulable
belief.'' This amendment will provide clarity on when an investigator
can require testing and inspection (or reinspection), thus ensuring
cargo tanks are safe for transport.
Paragraph (c)
This paragraph specifies each specification cargo tank must be
tested and inspected in accordance with the table listed under
paragraph (c). PHMSA proposes the following editorial amendments for
clarity:
Specify the most recent inspection is one ``completed in
accordance with the requirements in part 180;''
Spell out ``cargo tank motor vehicle'' instead of the
abbreviation ``CTMV;''
Clarify that the inspector in question must be a
Registered Inspector; and
Clarify that this paragraph should apply to a ``cargo tank
motor vehicle subject to this subpart'' instead of a ``specification
cargo tank.''
These proposed amendments ensure regulatory consistency, thus
enhancing safety.
Paragraph (d)(1)
This paragraph applies to the external visual inspection of cargo
tank motor vehicles, and states that where insulation precludes a
complete external visual inspection as required by Sec. Sec.
180.407(d)(2) through (d)(6), the cargo tank must also be given an
internal visual inspection in accordance with Sec. 180.407(e). PHMSA
proposes to add ``coverings such as wrappings and coatings'' as
materials that can preclude a complete external visual inspection to
paragraph (d)(1). This is consistent with Letters of Interpretation
Reference Nos. 14-0110, 15-0221, 15-0226, 16-0049, 20-0013, and 20-0038
and this proposal will provide regulatory clarity without reducing
safety.
Paragraph (d)(2)(i)
This paragraph specifies the tank shell and heads must be inspected
during the external visual inspection. PHMSA proposes to require that
``during the inspection of the cargo tank shell and heads, all pad
attachments on either the cargo tank shell or head shall be inspected
for method of attachment or other conditions that may render the
appurtenance as unsafe.'' This proposed requirement ensures that the
pad attachments are properly functioning, which increases the safe
transportation of hazardous materials in cargo tanks.
Additionally, PHMSA proposes to specify that the tank shell and
heads must be ``evaluated in accordance with Sec. 180.411.'' This
proposed editorial amendment provides additional regulatory clarity to
cross-reference the current evaluation requirements and therefore,
increase compliance.
Paragraph (d)(2)(ii)
Paragraph (d)(2)(ii) specifies external visual inspection
requirements for piping, valves, and gaskets. PHMSA proposes to specify
that this paragraph applies to the piping system, which includes
flexible connectors in addition to the currently identified piping,
valves and gaskets. This proposal provides regulatory clarity as it
expands the specificity of what constitutes the piping system and
therefore, increases regulatory compliance and thus, safety.
Paragraph (d)(2)(iv)
This paragraph specifies inspection requirements for emergency
devices and valves during the external visual inspection. PHMSA
proposes to indicate editorially that remote closure devices include
``all emergency discharge control systems and delivery hoses required
by Sec. 173.315(n).'' This proposal is intended to provide clarity
compared to the existing regulatory language and is not intended to
subject new devices and valves to this requirement. Therefore, this
proposal provides additional regulatory clarity to ultimately increase
regulatory compliance and safety.
PHMSA also proposes instead of specifying all emergency devices and
valves must be ``free from'' corrosion, distortion, erosion, and any
external damage that will prevent safe operation, that they have to be
``inspected for'' this type of damage. This editorial proposal
reinforces that in order to ensure the emergency discharge devices and
valves do not have any corrosion, distortion, erosion, and/or any
external damage that will prevent operation. The emergency discharge
devices and valves must be inspected as part of the external visual
inspection at the interval prescribed in Sec. 180.407(c). While not
currently specified in paragraph (d)(2)(iv), inspection of emergency
discharge devices and valves is referenced in Sec. 180.417. Therefore,
to remove any potential confusion or regulatory inconsistency, PHMSA
proposes to add inspection to paragraph (d)(2)(iv). Ultimately, PHMSA
expects this clarity will increase safety of cargo tank motor vehicle
hazardous materials transportation.
PHMSA further proposes two editorial amendments to the currently
effective requirement that ``remote closure devices and self-closing
stop valves be functioned to demonstrate proper operation.''
Specifically, PHMSA proposes to revise the requirement from ``remote
closure devices'' to ``all emergency closure devices'' consistent with
proper terminology throughout the rest of the paragraph. In addition,
for grammatical correctness, PHMSA proposes to rewrite the requirement
to indicate the equipment must be ``operated to demonstrate proper
functioning'' instead of ``functioned to demonstrate proper
operations.'' Therefore, this sentence is proposed to read, ``All
emergency closure devices and self-closing stop valves must be operated
to demonstrate proper functioning.''
Lastly, this paragraph does not indicate a required distance for
testing remote shutoff devices. PHMSA proposes to specify ``the
distance for testing non-mechanical remote shutoff devices must be in
accordance with the original device manufacturer's specification.''
This ensures the non-mechanical remote shutoff device operates safely,
as it was originally manufactured to function, and follows optimum
testing parameters, which increases safety of cargo tank motor
vehicles.
Paragraph (d)(2)(viii)
This paragraph requires all major appurtenances and structural
attachments and those elements of the upper coupler assembly that can
be inspected without dismantling the upper coupler, must be inspected
for any corrosion or damage that may prevent safe operation during the
external visual inspection. Section 178.320 defines an appurtenance as
any attachment to a cargo tank that has no lading retention or
containment function and provides no structural
[[Page 85639]]
support to the cargo tank. However, the HMR does not define ``major
appurtenances'' and therefore, the ``major'' qualifier is ambiguous.
Therefore, to eliminate the ambiguity and for consistency with the
definition of an appurtenance, PHMSA proposes to remove the term
``major.'' PHMSA expects this regulatory clarity will improve
compliance and ultimately, safety.
In addition, the issue of whether the king pin should be checked as
part of the external visual inspection, and, if so, what criteria
should be used, was raised at one of the previously referenced cargo
tank technical information sessions. Participants at the session
recommended that language be added to state clearly that the king pin
is part of the upper coupler assembly. Therefore, as PHMSA expects this
increases regulatory compliance and safety, PHMSA proposes to add a
clarifier that the upper coupler includes the king pin, while
subsequently removing the term ``fifth wheel.''
Paragraphs (d)(2)(ix) and (g)(1)(iii)
These paragraphs provide inspection requirements of areas covered
by the upper coupler assembly. Paragraph (d)(2)(ix) requires this
inspection occurs during the external visual inspection for cargo tanks
carrying lading corrosive to the cargo tank and paragraph (g)(1)(iii)
requires that this inspection occurs during the pressure test for cargo
tanks that do not transport lading corrosive to the cargo tank. PHMSA
proposes similar amendments in both paragraphs.
First, PHMSA proposes editorial amendments by specifying these
paragraphs apply to ``cargo tank motor vehicles'' as opposed to ``cargo
tanks,'' consistent with other proposals. In addition, and consistent
with proposed amendments in paragraph (d)(2)(viii), PHMSA proposes to
remove the references to ``fifth wheel,'' as it is no longer necessary.
See ``Section IV. Section-by-Section Review; Part 180; Section 180.407;
Paragraphs (d)(2)(viii)'' for further discussion on this proposal.
Additionally, in paragraph (d)(2)(ix), PHMSA proposes to revise ``two-
year period'' as a numerical value for grammatical consistency.
Furthermore, PHMSA proposes to specify the upper coupler assembly
can be removed from the cargo tank for inspection under certain
conditions. On some cargo tank motor vehicles, there is sufficient area
above the upper coupler and below the bottom of the cargo tank to
inspect the bottom of the cargo tank without removing the upper
coupler. PHMSA proposes to allow for the inspection of the tank above
the upper coupler where there is sufficient area above the upper
coupler and below the bottom of the cargo tank to inspect the tank
surface when conducting the inspection by directly viewing the cargo
tank. The ability for direct viewing means the area can be inspected
without the use of an aid, such as mirrors, cameras, or fiber optics.
This proposal is consistent with letters of interpretation issued by
PHMSA.\57\ Furthermore, this allowance means that the upper coupler can
remain attached, which reduces the potential for improper reattachment,
while maintaining the safety standard for inspection (complete visual
inspection of the cargo tank shell).
---------------------------------------------------------------------------
\57\ See Letters of Interpretation Reference Nos. 02-0290 and
11-0059. See Letter of Interpretation Reference No. 02-0290: https://www.phmsa.dot.gov/regulations/title49/interp/02-0290. See Letter of
Interpretation Reference No. 11-0059: https://www.phmsa.dot.gov/regulations/title49/interp/11-0059.
---------------------------------------------------------------------------
Finally, to reinforce current FMCSR requirements, PHMSA proposes to
specify that when the upper coupler assembly is removed from the cargo
tank motor vehicle, it must be reattached in accordance with the
manufacturer's instructions and 49 CFR 393.70, the Federal Motor
Carrier Safety Regulation section that covers couplers. This proposal
reinforces current requirements to ensure the upper coupler assembly is
replaced safely and correctly.
Paragraph (d)(2)(ix)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(2)(ix) and (g)(1)(iii)'' for a discussion on
the proposed changes in this paragraph.
Paragraphs (d)(3), (d)(3)(i), and (d)(3)(ii)
Paragraph (d)(3) specifies the inspection requirements for
reclosing pressure relief valves. PHMSA proposes to split the current
requirements into two new paragraphs to distinguish the requirements
more clearly and increase compliance. Subsequently, PHMSA proposes to
add introductory language to paragraph (d)(3) to specify the
requirements of paragraph (d)(3)(i) and (ii) apply to reclosing
pressure relief devices. Additionally, PHMSA proposes to amend all
references in new paragraphs (d)(3)(i) and (ii) to ``pressure relief
valves'' as ``pressure relief devices'' for consistency with the rest
of the HMR.
PHMSA proposes that paragraph (d)(3)(i) contains the first sentence
of current paragraph (d)(3). Currently, this requires that all
reclosing pressure relief valves be externally inspected for corrosion
and damage, which might prevent safe operation. PHMSA proposes no other
revisions than the editorial amendment described above.
PHMSA proposes that new paragraph (d)(3)(ii) contains the last two
sentences of current paragraph (d)(3). Currently, these last two
sentences require that all reclosing pressure relief valves that carry
lading corrosive to the cargo tank be removed for inspection and
testing. Furthermore, the requirement to remove and test reclosing
pressure relief valves must be done in accordance with Sec.
180.407(j). In addition to the editorial amendment described above,
PHMSA proposes to consolidate these two sentences into one sentence as
the introductory language in the second sentence is duplicative. This
consolidation aims at reducing any ambiguity and streamlining the
requirement to increase compliance. PHMSA proposes to specify the
paragraph applies to ``cargo tank motor vehicles'' instead of just
``cargo tanks,'' consistent with other proposed amendments. Lastly,
PHMSA proposes to qualify editorially that by ``testing'' the
requirement is for ``bench testing'' to reduce any potential confusion.
Paragraphs (d)(3)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraphs (d)(3)(i)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraphs (d)(3)(ii)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraph (d)(4)
This paragraph requires ring stiffeners or other appurtenances must
be thickness tested at least once every two years. PHMSA proposes
editorial revisions, including removing the term ``other'' in reference
to appurtenances, specifying the paragraph applies to ``cargo tank
motor vehicles'' instead of ``cargo tanks,'' and minor grammatical
revisions to align this paragraph with other proposals.
Paragraph (d)(7)
Paragraph (d)(7) requires that an inspector must record the results
of an external visual examination. PHMSA
[[Page 85640]]
proposes to move the current requirements of paragraph (d)(7) to a new
paragraph (d)(9). In its place, PHMSA proposes that paragraph (d)(7)
requires external ring stiffeners to be inspected for corrosion,
pitting, abraded areas, or damage, and repaired as appropriate during
external visual inspection. Ring stiffeners are installed on cargo tank
motor vehicles to provide structural support, however, the HMR do not
currently require that they are inspected and repaired as appropriate.
If the external ring stiffeners fail because they were not inspected
and repaired appropriately, the cargo tank motor vehicles would be left
vulnerable to an incident, therefore, PHMSA proposes this new
requirement to eliminate a potential safety gap.
Paragraph (d)(8)
PHMSA proposes this new paragraph to require Registered Inspectors
to inspect weld repairs for leakage and weld defects. Furthermore,
PHMSA proposes that the Registered Inspector verify the weld repair was
done in accordance with Sec. 180.413. FMCSA determined an incident
resulting in death and injuries occurred because the welded repairs
were not conducted in accordance with the HMR and the repair facility
did not hold the appropriate certificates. To avoid this type of
incident in the future and ensure the continued safe transportation of
hazardous materials in specification cargo tank motor vehicles, PHMSA
proposes to add this verification requirement to reduce improper
welding operations.
Paragraph (d)(9)
Based on proposed amendments in paragraphs (d)(7) and (8), PHMSA
proposes to move the current requirements of paragraph (d)(7) to new
paragraph (d)(9). As previously discussed, current paragraph (d)(7)
requires that the inspector must record the results of the external
visual examination as specified in Sec. 180.417(b). PHMSA does not
propose any additional amendments to this paragraph.
Paragraph (f)
This paragraph provides requirements for lining inspections. The
introductory sentence to this paragraph specifies the integrity of the
lining on all lined cargo tanks must be verified at least once each
year as outlined in paragraph (f). PHMSA identified that this paragraph
may be interpreted as contradicting the periodic test and inspection
table found under Sec. 180.407(c), which specifies that all lined
cargo tanks transporting lading corrosive to the tank, must undergo a
lining inspection every year. To reduce this confusion, PHMSA proposes
to revise this paragraph to specify only cargo tank motor vehicles that
are required to be lined are required to undergo an annual lining
inspection as specified in the rest of paragraph (f).
Paragraph (f)(2)
This paragraph states that linings not made of rubber must be
tested using equipment and procedures prescribed by the lining
manufacturer or lining installer. PHMSA proposes to revise paragraph
(f)(2) to specify ``[f]or linings made of materials other than rubber
(elastomeric material), the owner of the cargo tank motor vehicle must
obtain documentation from the lining manufacturer or installer that
specifies the proper procedures for lining and inspection. This
documentation must be provided to the Registered Inspector before
inspection.'' PHMSA expects this requirement will ensure the lining is
being properly inspected. Currently, a cargo tank motor vehicle owner
is responsible for information regarding the cargo tank motor vehicle,
including information on the lining. Additionally, the cargo tank motor
vehicle owner should have this information, because, in some cases, the
cargo tank motor vehicle is lined upon purchasing, and thus, the
information is provided during the course of ownership. However,
because it is currently not specified in the HMR, manufacturers may not
have this information readily available for Registered Inspectors
during inspections. Therefore, this proposed requirement ensures the
availability of this documentation to Registered Inspectors to make
certain the lining is properly inspected, which increases safety.
Paragraph (f)(3)
Paragraph (f)(3) details requirements for degraded or defective
areas of the cargo tank liner. As an editorial amendment, PHMSA
proposes to revise ``liner'' as ``lining'' as this is more appropriate
terminology, consistent with the rest of Sec. 180.407.
Additionally, PHMSA proposes to add a sentence at the end of the
paragraph to require that if ``degraded or defective areas of the cargo
tank lining are repaired or if the lining is replaced, it must comply
with the lining manufacturer's or installer's procedures, subject to
the lining requirements of the HMR.'' This aligns with the proposed
requirement in paragraph (f)(2) to require that the cargo tank motor
vehicle owner provide a Registered Inspector with documentation from
the lining owner for inspection and testing. See ``Section IV. Section-
by-Section Review; Part 180; Section 180.407; Paragraph (f)(2).'' If
the lining is repaired or replaced without being in compliance with the
lining manufacturer or installer's procedures, it may affect the
structural integrity of the cargo tank. Therefore, this proposed
requirement is in the interest of safety and aligns with general
industry practice.
Paragraph (g)(1)(ii)
This paragraph details pressure test procedures for self-closing
pressure relief valves. PHMSA proposes editorial amendments to this
paragraph. These amendments include updating terminology to align more
appropriately with other references in the HMR, revising ``pressure
relief valves'' to ``pressure relief devices,'' and specifying the
self-closing PRDs must be removed from the cargo tank motor vehicle
(instead of cargo tank).
Paragraph (g)(1)(iii)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraph (d)(2)(ix) and (g)(1)(iii)'' for a discussion on the
proposed changes in this paragraph.
Paragraph (g)(1)(viii)
This paragraph details requirements for pressure testing of cargo
tanks by the hydrostatic test method. PHMSA proposes editorial
corrections to this paragraph. PHMSA believes that the terms
``including its domes'' and ``to not less than the pressure'' do not
contribute to the clarity of the paragraph. Therefore, PHMSA proposes
to remove the language from the paragraph to ensure increased clarity,
compliance, and ultimately increase safety. Additionally, PHMSA
proposes to spell out numerically ``10 minutes'' for grammatical
accuracy consistent with other proposals.
Paragraph (g)(3)
This paragraph details requirements for the internal inspection by
wet fluorescent magnetic particle method for MC 330 and MC 331 cargo
tanks. PHMSA proposes to update the IBR of CGA Technical Bulletin TB-2
to CGA Technical Bulletin P-26 (formerly TB-2) in Sec. 171.7. See
``Section IV. Section-by-Section Review; Part 171; Section 171.7'' for
a discussion on the proposed change to this IBR. As this IBR is
referenced in paragraph (g)(3), PHMSA proposes to update the reference
to specify the new name of the CGA Technical Bulletin.
[[Page 85641]]
Paragraph (g)(6)
Paragraph (g)(6) specifies the acceptance criteria that must be met
before a cargo tank can be returned to service. PHMSA proposes to
remove the terms ``pneumatic inspection pressure'' and ``excessive
permanent expansion.'' The ``pneumatic inspection pressure'' term is
outdated and ``excessive permanent expansion'' is duplicative because
it is covered by the acceptance criteria of ``shows distortion'' in the
paragraph. Lastly, PHMSA proposes to specify this paragraph applies to
``cargo tank motor vehicles'' as opposed to just ``cargo tanks.'' These
proposals increase regulatory clarity and therefore, increase the safe
transportation of hazardous materials.
Paragraph (h)(1)
Paragraph (h)(1) specifies leakage test requirements. In paragraph
(h)(1), PHMSA proposes to make several editorial amendments. PHMSA
proposes to replace the requirement that the leakage test must include
``testing product piping'' to instead require that the leakage test
include ``all components of the cargo tank wall, and the piping
system.'' Furthermore, PHMSA proposes to revise ``accessories'' and
``venting devices'' to read as ``pressure relief devices.'' Lastly,
PHMSA proposes to spell out ``percent'' instead of using the percent
sign (%). These changes are intended to align with more current
terminology and not revise the intent of these requirements. Therefore,
PHMSA expects this proposed change makes the regulations clearer, which
ultimately increases safety.
Paragraph (h)(1)(i)
This paragraph provides an alternate leakage test pressure for a
cargo tank with an MAWP of 690 kPA (100 psig) or more. PHMSA proposes a
minor editorial revision specifying this paragraph applies to a ``cargo
tank motor vehicle'' instead of a ``cargo tank,'' which aligns with
other proposed changes.
Paragraph (h)(1)(ii)
Paragraph (h)(1)(ii) provides an alternate leakage test pressure
for an MC 330 or MC 331 cargo tank in dedicated liquefied petroleum gas
service. Consistent with paragraph (h)(1)(iii), PHMSA proposes to
include non-specification cargo tank motor vehicle authorized under
Sec. 173.315(k) in this paragraph. In addition, PHMSA proposes an
editorial amendment to correct the spelling of ``liquified'' to
``liquefied.''
Paragraph (h)(1)(iii)
This paragraph authorizes a leakage test pressure exception for an
MC 330 or MC 331 cargo tank, and a non-specification cargo tank
authorized under Sec. 173.315(k) equipped with a meter. PHMSA proposes
a minor editorial revision consistent with other proposals to specify
this paragraph applies to ``cargo tank motor vehicles'' instead of
``cargo tanks.''
Paragraph (h)(1)(iv)
This paragraph provides an alternate leakage test pressure for an
MC 330 or MC 331 cargo tank in dedicated service for anhydrous ammonia.
PHMSA proposes minor editorial revisions to specify this paragraph
applies to ``specification MC 330 or MC 331 cargo tank motor
vehicles.''
Paragraph (h)(2)
Paragraph (h)(2) details leak test authorizations for cargo tanks
used to transport petroleum distillate fuels that are equipped with
vapor collection equipment. PHMSA proposes a minor editorial amendment
to specify this paragraph applies to ``cargo tank motor vehicles''
instead of ``cargo tanks'' consistent with correct terminology and
other proposals.
Paragraph (h)(3)
This paragraph requires that if a cargo tank fails to retain
leakage test pressure, it may not be returned to service as a
specification cargo tank, except under conditions specified in Sec.
180.411(d). PHMSA proposes editorial amendments to indicate that this
paragraph applies to ``cargo tank motor vehicles'' instead of ``cargo
tanks.'' Furthermore, PHMSA proposes to include leaks as another reason
why the cargo tank may not be returned to service. A cargo tank motor
vehicle that is leaking would not pass a leakage test if one was
conducted and thus, should be subject to this paragraph and subject to
repair immediately. Therefore, a leakage test would not have to be
performed on the leaking cargo tank motor vehicle before the cargo tank
motor vehicle is subject to repair. The intent of this revision is to
support the safe transportation of hazardous materials in cargo tank
motor vehicles by allowing leaking tanks to be repaired more
efficiently. Lastly, PHMSA proposes to remove the specific reference to
Sec. 180.411(d) as how a cargo tank motor vehicle is returned to
service. Section 180.411(d) requires all sources of leakage must be
repaired. Instead of requiring the reader to turn to another section
with minimal instruction, PHMSA proposes to add plain language to
indicate the cargo tank motor vehicle must be repaired as required by
this subpart before returning to service. PHMSA expects that this
provides regulatory clarity and therefore, aids in increased safety.
Paragraph (h)(4)
This paragraph specifies the inspection requirements for delivery
hose assembly and piping systems of specification MC 330 and MC 331
cargo tank motor vehicles and non-specification cargo tank motor
vehicles authorized under Sec. 173.315(k). PHMSA proposes editorial
amendments in this paragraph. First, PHMSA proposes to remove the July
1, 2000, reference as this date has passed and is no longer needed.
PHMSA also proposes to specify this paragraph applies to Registered
Inspectors ``conducting a leakage test'' to reinforce the general
applicability of paragraph (h). Lastly, PHMSA proposes to revise all
references of ``cargo tanks'' to ``cargo tank motor vehicles,''
consistent with other proposals. These proposed editorial amendments
help to increase regulatory clarity and ultimately, increase safety.
On August 1, 2012, in response to various incidents and NTSB Safety
Recommendations H-12-1 through H-12-6, FMCSA issued a notice \58\
regarding hoses used for the transfer of Anhydrous Ammonia and
Liquefied Petroleum Gas from cargo tank motor vehicles to storage
tanks, and vice versa. This notice reinforced the potential hazards and
importance of safety requirements for these hoses, which are subject to
emergency discharge control requirements in Sec. 173.315(n).
Therefore, to reinforce the need to have these hoses tested and
inspected, PHMSA proposes to specify the applicability of the
requirements for delivery hose assembly and piping systems in this
paragraph includes any delivery hose assembly used to meet Sec.
173.315(n). PHMSA expects that codifying this information in the HMR
will increase compliance and therefore, increase safety.
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\58\ See the August 1, 2012, notice at: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Important%20Notice%20Regarding%20Anhydrous%20Ammonia%20and%20Liquefied%20Petroleum%20Gas%20Hoses_508CLN.pdf.
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PHMSA also proposes to add a sentence to indicate ``the test
pressure of the delivery hose assembly must be at least 80 percent of
the MAWP of the cargo tank.'' This provides regulatory clarity to
increase safety and is not intended to revise current inspection
requirements.
Lastly, in review of this paragraph, PHMSA and FMCSA identified
that the sentence ``[d]elivery hose assemblies not
[[Page 85642]]
permanently attached to the cargo tank motor vehicle may be inspected
separately from the cargo tank motor vehicle'' may potentially be
confusing language. As currently required in Sec. 180.416(e), a
delivery hose assembly that is not permanently attached to a cargo tank
is required to be annually tested in accordance with Sec.
180.407(h)(4). However, because Sec. 180.407(h)(4) only uses the term
``inspection'' without the term ``testing,'' there is potential
ambiguity on how a person tests a delivery hose assembly that is not
permanently attached to a cargo tank. To remove this ambiguity, PHMSA
proposes to revise ``separately from the cargo tank motor vehicle'' to
``and tested while not attached to the cargo tank motor vehicle.'' By
reducing any potential ambiguity, PHMSA expects this will increase
compliance and ultimately, safety.
Paragraph (i)(4)(v)
This paragraph requires thickness testing be performed on the areas
around shell reinforcements. PHMSA proposes to add emphasis that the
areas around shell reinforcements include the areas ``around all ring
stiffeners and the areas in the bottom half of the cargo tank.'' PHMSA
expects this proposed language will aid in regulatory understanding to
ultimately increase safety, without altering the intent of this
section.
Paragraph (i)(6)
Paragraph (i)(6)(ii) requires that the cargo tank motor vehicle
nameplate must reflect revised service limits as one of the conditions
to continue using a cargo tank that no longer conforms to the minimum
thickness prescribed in the original design of a cargo tank motor
vehicle.
PHMSA proposes to clarify that the cargo tank DCE must supply the
part 178 supplemental Certificate of Compliance (currently required by
Sec. 180.407(i)(6)(i)) that includes the revised minimum thickness to
the cargo tank motor vehicle owner. This proposal establishes an
additional record beyond the name plate or specification to assist with
traceability of the cargo tank motor vehicle. In addition, this ensures
these revised service limits can be identified if there is degradation
of the name plate or specification, which will increase future safe
transportation and maintenance of the cargo tank motor vehicle.
Additionally, PHMSA is proposing an editorial revision to include
marking the ``certification plate'' for older 300-series CTMVs.
Section 180.409
This section details minimum qualifications for inspectors and
testers. Paragraph (a) includes introductory language for this section.
PHMSA proposes minor editorial revisions to paragraph (a) for ease of
reading. This includes removing ``except as otherwise provided in this
section'' and replacing the Sec. 180.407(e) reference with a general
reference to this subpart. PHMSA expects that by increasing the
readability, it increases compliance and therefore, safety.
Additionally, PHMSA proposes to add paragraph (a)(4) to reinforce
that a registered inspector must meet the training requirements of part
172 subpart H. The second highest number of FMCSA enforcement
violations each year occur from Registered Inspectors not having met
the general hazmat employee training requirements. Therefore, in an
effort to improve compliance and reinforce the current HMR
requirements, PHMSA proposes to add paragraph (a)(4) to state that
Registered Inspectors must meet the training requirements in part 172
subpart H.
Section 180.411
Section 180.411 details the acceptable results of the test and
inspections of cargo tank motor vehicles required by the HMR. Paragraph
(b) provides introductory language and requires use of CGA C-6 for
evaluation procedures of dents, cuts, digs, and gouges. Paragraph
(b)(1) provides acceptable results for dents. In review of the HMR,
PHMSA noted in addition to dents, cuts, digs, and gouges, CGA C-6 also
includes evaluation procedures for bulges. Similar to dents, bulges are
a feature of a cargo tank that should be evaluated to ensure the cargo
tank motor vehicle operates properly. Therefore, to increase safety and
align with CGA C-6, PHMSA proposes to add bulges in the list of defects
in the introductory title to paragraph (b) and in paragraph (b)(1).
Paragraph (g) specifies that any tank that fails to meet pressure
test requirements must be properly repaired. As a minor editorial
amendment, in the introductory text, PHMSA proposes to add the word
``cargo'' to clarify the testing is for the ``cargo tank.''
Lastly, PHMSA proposes to add paragraph (h) to specify when a cargo
tank motor vehicle must be removed from service and how that removal
must be communicated to the cargo tank motor vehicle owner. This
proposed language specifies that if a Registered Inspector determines
the cargo tank motor vehicle does not meet the applicable design
specification, it may not be represented as a DOT specification cargo
tank motor vehicle. Furthermore, the cargo tank motor vehicle must be
removed from service until it is in compliance with the specification
requirements and has been successfully tested and inspected as required
by Sec. 180.407(c). This aligns with current regulatory requirements,
but provides additional clarity, specifically for scenarios where a
non-conforming cargo tank motor vehicle may not be marked as a DOT
specification cargo tank until it has been repaired and can pass the
appropriate Sec. 180.407(c) test and inspections. Therefore, PHMSA
expects this proposal to increase safety and ensure cargo tank motor
vehicles are removed from hazardous materials service when they do not
conform to the HMR.
Section 180.413
Section 180.413 specifies requirements for the repair,
modification, stretching, rebarrelling, or mounting of specification
cargo tanks. Paragraph (b)(6) requires that MC 330 and MC 331 cargo
tanks must be repaired in accordance with CGA Technical Bulletin TB-2
and the National Board Inspection Code. PHMSA proposes to update the
IBR of CGA Technical Bulletin TB-2 to CGA Technical Bulletin P26
(formerly TB-2) in Sec. 171.8. See ``Section IV. Section-by-Section
Review; Part 171; Section 171.7'' for a discussion on the proposed
change to this IBR. Therefore, PHMSA proposes to revise the name of the
CGA Technical Bulletin in this paragraph.
Section 180.415
This section includes requirements for test and inspection markings
for cargo tanks and cargo tank motor vehicles. Paragraph (b) details
cargo tank marking requirements after completion of a test or
inspection. PHMSA proposes to require that after a test or inspection,
the cargo tank facility mark their cargo tank registration number on
the cargo tank. As proposed, this marking must be placed immediately
adjacent to other required markings and does not need to be replicated
if the registration number is already marked on the cargo tank. FMCSA
identified some cargo tanks that display current test or inspection
markings but found safety concerns with the cargo tank. However,
without the cargo tank registration number marked on the cargo tank, it
is difficult to trace those safety concerns back to the testing and
inspection facility who repaired, tested, or inspected the cargo tank.
PHMSA and FMCSA expect that
[[Page 85643]]
having the cargo tank facility's registration number marked on the
cargo tank will also aid in correcting noncompliance and increase the
safety of cargo tank motor vehicles being operated on the highway.
Section 180.416
This section specifies inspection and maintenance requirements of
discharge systems for cargo tanks transporting liquefied compressed
gases. Paragraph (a) details the applicability of Sec. 180.416. PHMSA
proposes to revise editorially ``nonspecification cargo tanks'' to
``non-specification cargo tank motor vehicles,'' which aligns with
other references to these cargo tank motor vehicles in the HMR.
Paragraph (b) details hose identification requirements. PHMSA
proposes to remove the compliance date of July 1, 2000, as this date
has passed, and all hoses are now subject to this requirement. This
editorial revision helps to provide regulatory clarity and increase
safety.
Paragraph (c) states the operator of a cargo tank motor vehicle
must visually check that portion of the hose assembly that has been
deployed during unloading. PHMSA proposes to specify that the rejection
criteria in Sec. 180.416(g) should be used when an operator visually
checks the portion of the delivery hose assembly that was deployed
during the unloading process. While not currently specified in
paragraph (c), the rejection criteria in Sec. 180.416(g) applies to
hose assemblies; therefore, this proposal provides clarity and aids in
additional regulatory compliance. Ultimately, PHMSA expects this
proposal will increase safety.
Paragraph (f) specifies requirements for new or repaired delivery
hose assemblies and PHMSA proposes minor editorial amendments, with
paragraph (f)(3) specifying record requirements following the test and
inspection. PHMSA proposes to revise the introductory text of paragraph
(f) to specify the requirements apply to a ``cargo tank motor vehicle''
instead of a ``cargo tank.'' PHMSA also proposes to remove the
compliance date of July 1, 2000, in paragraph (f)(3), as this date has
passed. Both of these proposed editorial amendments align with other
proposals and provide regulatory clarity, which is anticipated to
increase safety.
Section 180.501
Section 180.501 contains the general requirements for continued use
of tank cars. In this NPRM, PHMSA proposes to replace the phrase
``owner's qualification program'' with ``owner's qualification and
maintenance program'' similar to other references to the owner's
qualification and maintenance program in Sec. Sec. 179.7, 180.503, and
180.513. The intent of this change is to maintain consistency and
clarity within the HMR, and to ensure there is no confusion over the
scope of part 180, subpart F, titled ``Qualification and Maintenance of
Tank Cars.''
Section 180.503
Section 180.503 contains definitions relevant to the qualification
and maintenance of tank cars. PHMSA proposes to revise the definitions
of coating/lining owner, service equipment owner and tank car owner, to
convey more clearly and accurately the intended application of these
definitions in part 180 subpart F. These definitions are revised as
``the person responsible for the development or approval, and execution
of the qualification and maintenance program'' for the coating/lining,
service equipment, or tank car owner, as appropriate. This change
identifies the responsible parties more accurately throughout subpart
F, particularly by removing confusion about financial responsibility
that can arise with complex multi-dimensional business arrangements,
agreements, contracts, and organization. This proposed change was
approved by HMIWG during the January 10-11, 2017 meeting. The proposed
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
PHMSA also proposes to amend the following definitions:
Maintenance: PHMSA proposes to remove ``upkeep, or
preservation'' from the definition of maintenance and replace it with
``performance of functions.'' PHMSA and FRA consider ``upkeep'' and
``preservation'' too vague to be useful, especially for service
equipment. Maintenance of service equipment that triggers qualification
is an activity that meets the conditions requiring a leakage pressure
test in accordance with Sec. 180.509(j) (e.g., breaking the seal
between the service equipment and the tank car tank). Actions on
service equipment that don't require the service equipment to be
removed from the tank do not meet the definition of maintenance and
don't trigger qualification, unless the owner's qualification and
maintenance program specifically requires qualification after certain
activities. See ``Section II.B.4. Tank Car Facility Definition'' for
additional information. Lastly, PHMSA proposes to revise ``proper'' to
``appropriate'' as an editorial amendment.
Modification: PHMSA proposes to replace ``certificate of
construction'' with ``design approval certificate'' for tank cars
constructed after the effective date of a final rule. Tank cars
constructed under AAR-approved certificates of construction must
receive DCE approval for any modification. See ``Section II.B.2. Tank
Car Design Approval'' for additional information.
Qualification: PHMSA proposes to replace the phrase
``applicable requirements of the AAR Specifications for Tank Cars (IBR,
see Sec. 171.7 of this subchapter)'' with ``approved design.'' This
amendment conforms to PHMSA's proposal to remove AAR approval
requirements.
Service equipment: PHMSA proposes to revise this
definition to align with the current industry standard and is intended
to provide more clarity than the current definition. Service equipment
is pressure or lading retaining equipment and therefore performs a
critical safety function. See ``Section II.B.4. Tank Car Facility
Definition'' for additional information related to entities who operate
and qualify service equipment. PHMSA and FRA emphasize that service
equipment must continue to be included in the tank car owner's
qualification and maintenance plan.
Section 180.509
Section 180.509 details requirements for inspection and testing of
specification tank cars. Paragraph (i)(1) requires inspections of tank
car internal linings and coatings used to transport a material that is
corrosive or reactive to the tank car. PHMSA proposes to revise
paragraph (i)(1) to indicate more clearly that the inspection
requirements only apply to those linings and coatings used to protect
the tank from corrosion or reactivity.
Paragraph (k)(2) contains qualification requirements for service
equipment. PHMSA proposes to remove the phrase ``[e]ach tank car
facility must qualify'' from Sec. 180.509(k) because PHMSA does not
require tank car facilities to qualify service equipment. Additionally,
PHMSA proposes to replace ``qualified in accordance with'' with ``must
conform to'' as an amendment to better align the paragraph with the
definition of ``tank car facility'' being proposed in this rulemaking.
See ``Section II.B.4. Tank Car Facility Definition'' for additional
information.
Section 180.513
This section includes requirements for repairs, alterations,
conversions, and
[[Page 85644]]
modifications of tank cars, with paragraph (b) specifying the
responsibilities of a tank car facility. PHMSA proposes to revise
paragraph (b) editorially to replace ``Quality Assurance Program'' with
``qualification and maintenance program.'' This proposal clarifies the
tank car owner's responsibility to provide tank car facilities with
qualification and maintenance information. See ``Section II.B.8.
Editorial Revision to Sec. Sec. 180.501 and 180.513'' for additional
information.
Section 180.517
Section 180.517 contains reporting and record retention
requirements for tank car qualification. PHMSA proposes to remove
reference to the ``certification of construction'' and replace it with
the proposed ``Design Approval Certificate'' for tank cars constructed
after the effective date of a final rule. See ``Section IV. Section-by-
Section Review; Part 179; Section 179.5'' for more information. Tank
cars constructed with AAR-approved certificates of construction will
remain subject to the same recordkeeping requirements for the rest of
their service lives. In paragraph (a), PHMSA also proposes to replace
references to the builder of the car with references to the tank car
facility, replace references to the certificate of construction with
references to qualification reports, and add a reference to paragraph
179.7(b)(12). The revisions to paragraph (a) are intended to
accommodate the proposed replacement of AAR TCC approval with tank car
DCE approval of tank car and service equipment designs. We propose to
replace the phrase ``related papers'' with ``related qualification
reports,'' to clarify that we expect tank car owners to retain the
reports issued by tank car facilities at the time of manufacture and
maintenance qualification. Additionally, PHMSA proposes to add a
requirement to record the tank car facilities' registration number on
the inspection and test report in new paragraph (b)(9).
Appendix D to Part 180
This appendix discusses materials considered corrosive to the tank
or service equipment. PHMSA proposes to remove reference to the AAR TCC
from the second paragraph, in conformance with the proposal to replace
AAR TCC approval with tank car DCE approval. Therefore, PHMSA proposes
to state that the list in Appendix D may be modified based on an
analysis of the test results by the car owner or the Department of
Transportation.
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the authority of Federal Hazardous
Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127). Section
5103(b) of the HMTA authorizes the Secretary of Transportation to
``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' The Secretary has delegated the authority granted in the
HMTA to the PHMSA Administrator at 49 CFR 1.97(b).
B. Executive Order 12866, 14094, and DOT Regulatory Policies and
Procedures
Executive Order 12866 (``Regulatory Planning and Review'') \59\ as
amended by Executive Order 14094 (``Modernizing Regulatory
Review''),\60\ requires that agencies ``should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' Agencies should consider quantifiable
measures and qualitative measures of costs and benefits that are
difficult to quantify. Further, Executive Order 12866 requires that
``agencies should select those [regulatory] approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity), unless a statute requires another regulatory approach.''
Similarly, DOT Order 2100.6A (``Rulemaking and Guidance Procedures'')
requires that regulations issued by PHMSA, and other DOT Operating
Administrations should consider an assessment of the potential
benefits, costs, and other important impacts of the proposed action and
should quantify (to the extent practicable) the benefits, costs, and
any significant distributional impacts, including any environmental
impacts.
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\59\ 58 FR 51735 (Oct. 4, 1993).
\60\ 88 FR 21879 (Apr. 11, 2023).
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Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to the Office of Management
and Budget (OMB) for review. This rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 (as amended) and, therefore, was not formally reviewed by OMB. A
PRIA with estimates of the costs and benefits of the rulemaking is
available in the docket.
PHMSA solicits comment on this analysis. Overall, the issues
discussed in this rulemaking promote the continued safe transportation
of hazardous materials while producing a net cost savings. Cost savings
are derived from certain modal specific provisions, including expanding
allowance of UN ID number marking on cargo tank motor vehicles that
transport different petroleum distillate fuels within the same day and
reduction in the number of anticipated OTMAs for rail tank cars.
Based on the discussions of benefits and costs provided above,
PHMSA estimates annualized net benefits at a two percent discount rate
of approximately $97.3 million per year. Details on the estimated
costs, cost savings, and benefits of this rulemakings can be found in
the PRIA, which is available in the public docket.
C. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with the principles
and criteria in Executive Order 13132 (``Federalism'') \61\ and the
Presidential Memorandum (``Preemption'') that was published in the
Federal Register on May 22, 2009.\62\ Executive Order 13132 requires
agencies to assure meaningful and timely input by state and local
officials in the development of regulatory policies that may have
``substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.''
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\61\ 64 FR 43255 (Aug. 10, 1999).
\62\ 74 FR 24693 (May 22, 2009).
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This rulemaking may preempt state, local, and Native American tribe
requirements, but does not propose any regulation that has substantial
direct effects on the states, the relationship between the national
government and the states, or the distribution of power and
responsibilities among the various levels of government.
The Federal Hazmat Law contains an express preemption provision, 49
U.S.C. 5125 (b), that preempts state, local, and tribal requirements on
certain covered subjects, unless the non-federal requirements are
``substantively the same'' as the federal requirements, including:
(1) Designation, description, and classification of hazardous
materials;
(2) Packing, repacking, handling, labeling, marking, and placarding
of hazardous materials;
(3) Preparation, execution, and use of shipping documents related
to hazardous materials and requirements related to the number,
contents, and placement of those documents;
[[Page 85645]]
(4) Written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) Design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This rule addresses subject items (3) and (5) above, which are
covered subjects, and, therefore, non-federal requirements that fail to
meet the ``substantively the same'' standard are vulnerable to
preemption under the Federal Hazmat Law. Moreover, PHMSA will continue
to make preemption determinations applicable to specific non-federal
requirements on a case-by-case basis, using the obstacle, dual
compliance, and covered subjects tests provided in Federal Hazmat Law.
This rule also incorporates certain FRA requirements under the
former Federal Railroad Safety Act of 1970, as repealed, revised,
reenacted, and recodified (FRSA; 49 U.S.C. 20106), and the former
Safety Appliance Acts, as repealed, revised, reenacted, and recodified
(SAA; 49 U.S.C. 20301-20302, 20306) that may potentially preempt
certain state requirements. Such FRSA and SAA requirements would apply
to transportation by rail.
D. Executive Order 13175
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \63\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Executive Order 13175 and DOT Order 5301.1 requires DOT Operating
Administrations to assure meaningful and timely input from Native
American tribal government representatives in the development of rules
that significantly or uniquely affect tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the federal government and Native American tribes.
Because this rulemaking does not have Native American tribal
implications, and does not impose substantial direct compliance costs,
the funding and consultation requirements of Executive Order 13175 do
not apply. However, PHMSA solicits comments from Native American tribal
governments and communities on potential impacts of this proposed
rulemaking.
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\63\ 65 FR 67249 (Nov. 6, 2000).
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E. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities'' to include
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations under 50,000. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where possible to
do so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \64\ requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. The DOT posts its
implementing guidance on a dedicated web page.\65\
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\64\ 67 FR 53461 (Aug. 16, 2002).
\65\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last visited Jun. 17, 2021).
---------------------------------------------------------------------------
This rulemaking has been developed in accordance with Executive
Order 13272 and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered. PHMSA has
developed an initial regulatory flexibility analysis (IRFA), which is
included in the docket. As detailed in the IRFA, the impact of this
rulemaking on small business is not expected to be significant. The
proposed changes are generally intended to provide regulatory
flexibility and cost savings to industry members, while increasing
safety. However, PHMSA solicits comment on the anticipated economic
impacts to small entities and the IRFA.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
no person is required to respond to any information collection unless
it has been approved by OMB and displays a valid OMB control number.
Pursuant to 44 U.S.C 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must
provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. PHMSA proposes to revise the approved information
collections under the following OMB Control Numbers: OMB Control No.
2137-0014, ``Cargo Tank Specification Requirements;'' OMB Control No.
2137-0559, ``Rail Carrier and Tank Car Tanks Requirements, Rail Tank
Car Tanks--Transportation of Hazardous Materials by Rail;'' and OMB
Control No. 2137-0612 ``Hazardous Materials Security Plans.''
OMB Control No. 2137-0014, ``Cargo Tank Specification Requirements''
PHMSA estimates that this rulemaking will result in an increase in
burden due to the proposed requirements in Sec. 180.407(f)(2) for a
cargo tank owner to provide paperwork to the Registered Inspector prior
to lining inspection and Sec. 180.415(b) for an inspector or tester to
mark the cargo tank with their registration number. A total overview of
the proposed changes in this OMB Control Number are detailed in the
table below.
For the proposed requirement in Sec. 180.407(f)(2) for a cargo
tank owner to provide paperwork to the Registered Inspector for lining
inspection, PHMSA estimates 1,333 cargo tank owners will provide
paperwork for approximately 60 cargo tanks per year. It is estimated to
take five minutes per response, for a total of 6,665 annual burden
hours. PHMSA does not estimate that there are any out-of-pocket
expenses.
The new proposed requirement in Sec. 180.415(b) for a cargo tank
inspector to mark the cargo tank with their registration number is
expected to increase information collection burden. PHMSA estimates
3,400 cargo tank inspectors will mark each cargo tank approximately 61
times per year. The marking is anticipated to take five minutes per
inspection, resulting in a total of 17,283 annual burden hours. PHMSA
does not estimate any out-of-pocket expenses. PHMSA notes that after
the first year of this requirement, there will be a significant
reduction in this burden as the registration number does not need to be
remarked on the cargo tank if it is being tested and inspected at the
same location. Therefore, PHMSA plans to update this burden one year
after the effective date of this rulemaking.
Lastly, PHMSA acknowledges that there are proposed amendments that
[[Page 85646]]
impact the burden but are not included in this estimate. PHMSA does not
estimate a significant change in the current burden due to the proposed
changes to cargo tank registration including requiring an email address
on the registration statement, providing for online submission, and
expanding the types of certificates that must be provided in an
application. Additionally, PHMSA does not expect that there will be
more than ten respondents who will submit a written response, request
for reconsideration, or request appeal following the modification,
suspension, or termination of their cargo tank registration. PHMSA and
FMCSA also expect that there will not be more than ten respondents per
year who will replace a missing specification plate and prepare and
maintain paperwork, as proposed in new Sec. 180.503(b)(3). Therefore,
PHMSA is not including a new information collection for this
requirement.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in Increase in Increase in Increase in
Information collection details number of Response per number of Minutes per annual burden annual burden
respondents respondent responses response hours costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Obtain and Provide Paperwork for Lining Inspection--Sec. 1,333 60 79,980 5 6,665 $0
180.407(f)(2)........................................
Registration Number on Cargo Tank--Sec. 180.415(b).... 3,400 61 207,400 5 17,283 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 4,733.
Annual Increase in Number of Responses: 287,380.
Annual Increase in Burden Hours: 23,948.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137-0559, ``Rail Carrier and Tank Car Tanks
Requirements, Rail Tank Car Tanks--Transportation of Hazardous
Materials by Rail''
PHMSA estimates that this rulemaking will result in an increase in
burden due to various tank car proposed changes, including: new tank
car facility and DCE registration, including reporting and
recordkeeping requirements; development of procedures for closing and
securing all openings on tank cars; record requirements for a tank car
being held more than 48 hours; OTMA recordkeeping requirements; DCE
written procedures to verify compliance of tank cars; and requirement
for the DCE to provide a DAC to the tank car or service equipment
owner. However, this rulemaking will also lead to a decrease in burden,
particularly in the removal of AAR reporting to Bureau of Explosives
under Sec. 174.20 and reduction in the number of OTMA applications
under Sec. 174.50. A total overview of the proposed changes in this
OMB Control Number are detailed in the below table.
PHMSA estimates that 280 tank car facilities will register for the
proposed new tank car facility registration requirements in Sec.
107.905. Each registration is anticipated to take two hours, for a
total of 560 annual burden hours. PHMSA does not estimate that there
are any out-of-pocket expenses associated with this information
collection.
PHMSA estimates that 25 DCEs will register under the proposed new
requirement in Sec. 107.907 for DCE registration. Each registration is
anticipated to take two hours to complete, for a total of 50 annual
burden hours. PHMSA does not estimate any out-of-pocket expenses
associated with this information collection.
For both tank car facility and DCE registration, PHMSA does
estimate that this number will significantly reduce after the first
year of initial tank car facility and DCE registration. However, after
the first initial registration period, PHMSA estimates there will be a
burden associated with registration renewal and updating the
requirements in Sec. Sec. 107.909(c) and 107.909(d). As tank car
facility and DCE registration are new requirements, PHMSA does not
estimate the renewal and updating requirements in the first year.
However, PHMSA plans to estimate that to renew or update a tank car
facility or DCE registration, it will take approximately 30 minutes to
complete. One year after the effective date of this rulemaking, PHMSA
will update the burden for initial registration and renewal and
updating a registration.
PHMSA also estimates an increase in burden based on tank car
facility and DCE registration recordkeeping proposed requirements in
Sec. 107.909(e). PHMSA estimates that most of the requests for a
registration copy will occur during FRA inspections, which occur
approximately 45 times per year. It is anticipated that it will take
five minutes to produce the paperwork, resulting in total of
approximately four annual burdens hours. PHMSA does not estimate any
out-of-pocket expenses.
Additionally, PHMSA proposes requirements for the modification,
suspension, and termination of tank cargo facility and DCE
registrations, including provisions for registrants to submit a written
response, request for reconsideration, and appeal of the decision.
However, PHMSA has not estimated this burden, as PHMSA estimates that
there will be less than ten registrants per year who may choose to
respond, request reconsideration, or appeal their modification,
suspension, and termination of their registration.
PHMSA proposes to revise the approval process in Sec. 173.31(a)(2)
from AAR approval to DCE approval. Accordingly, PHMSA will revise the
name of the information collection from ``AAR Approval Required when a
Tank Car is Proposed for Commodity Service other than Specified on a
Certificate of Construction'' to ``DCE Approval when a Tank Car Carries
a Commodity other than Specified on a Certificate of Construction or
DAC.'' However, PHMSA does not expect a change in the burden associated
with this collection because the required information for the change
request does not change; only the approval entity is proposed to be
changed.
PHMSA proposes to revise Sec. 173.31(d)(1) to require written
procedures for closure and securement of all openings on a tank car
prior to shipment. PHMSA estimates that there are 4,619 tank car
offerors who will be subject to this requirement. PHMSA estimates that
95 percent of these offerors already have some form of procedures and
thus the burden to review and update these procedures is limited to 16
hours resulting in a total of 70,209 annual burden hours. The other
five percent of offerors will need to create new procedures, which is
estimated to take 40 hours to develop, resulting in a total of 9,238
annual burden hours. Therefore, PHMSA estimates that there will be an
increase of 79,447 total burden hours for this new requirement. PHMSA
does not estimate any out-of-pocket expenses. Following the initial
year of this
[[Page 85647]]
rulemaking, PHMSA estimates that the burdens associated with developing
these procedures will be significantly reduced, as only new tank car
offerors will be subject to this requirement. Additionally, after the
first year, PHMSA estimates that there will be a new burden for
existing offerors to update their written procedures. PHMSA estimates
that five percent of tank car offerors will take eight hours to update
the procedures on an annual basis. PHMSA plans to add this burden after
the rulemaking has been effective for one year.
PHMSA proposes a new requirement in Sec. 174.14(a) to create a
record when a tank car is being held beyond 48 hours. PHMSA estimates
that there are 100 railroads who create this record 100 times per year.
Each record takes approximately five seconds, resulting in a total of
14 annual burden hours. PHMSA does not estimate any out-of-pocket
expenses.
PHMSA proposes to remove Sec. 174.20(b), which requires reporting
to the AAR Bureau of Explosives regarding any restrictions over any
portion of its lines. PHMSA currently accounts for 34 offerors
submitting 1.5 reports a year. Each report takes 20 minutes resulting
in a reduction of 17 hours of annual burden.
PHMSA proposes to revise Sec. 174.50 for OTMA requirements,
including adding exceptions from needing an OTMA. Because of these
reductions, PHMSA estimates a reduction of approximately three OTMA per
year for each applicant for a total reduction of 575 OTMAs per year. As
each application takes approximately 24 minutes to complete an OTMA,
this revision results in an estimated reduction of 202 annual burden
hours. PHMSA does not estimate any out-of-pocket expenses.
In Sec. 174.50(d), PHMSA proposes to specify recordkeeping
requirements for OTMAs. PHMSA estimates that these recordkeeping
requests, which will mostly be through enforcement requests, occur 56
times per year. It takes approximately five minutes to produce the OTMA
documentation, for a total of five annual burden hours. PHMSA does not
estimate any out-of-pocket expenses.
PHMSA proposes a new requirement in Sec. 179.3(b) for a DCE to
develop written procedures to verify compliance with tank car design.
PHMSA estimates that it takes eight hours for each of the 25 DCEs to
develop written procedures, resulting in a total of 200 annual burden
hours. PHMSA does not estimate any out-of-pocket expenses. Furthermore,
as this is a one-time requirement, PHMSA plans to reduce this
information collection one year after the effective date of this
rulemaking.
Lastly, PHMSA proposes a recordkeeping requirement in Sec. Sec.
179.3(d) and 179.5 that the DCE provide a copy of the DAC to the tank
car or service equipment owner following approval. PHMSA estimates that
the 25 DCEs will review and approve approximately 14 tank cars or
service equipment designs per year, resulting in a total of 350 DACs
produced. PHMSA estimates it will take 10 hours to develop the DAC
resulting in 3,500 annual burden hours. PHMSA estimates that there are
no out-of-pocket expenses for development of the DAC.
The following table outlines the total change in information
collection burden:
----------------------------------------------------------------------------------------------------------------
Change in Change in
Change in Responses Change in Time per total annual
Information collection request number of per number of response burden burden
respondents respondent responses hours costs
----------------------------------------------------------------------------------------------------------------
Tank Car Facility Registration--Sec. 280 1 280 2 hours 560 $0
107.905..........................
DCE Registration--Sec. 107.907.... 25 1 25 2 hours 50 0
Tank Car Facility & DCE Registration 45 1 45 5 minutes 4 0
Record Retention--Sec. 107.909(e)
Tank Car Tank Car Facility & DCE 0 0 0 30 minutes 0 0
Registration--Renew or Update
Registration--Sec. 107.909(e)....
DCE Approval when a Tank Car Carries 0 48 0 10 minutes 0 0
a Commodity other than Specified on
a Certificate of Construction or
DAC--Sec. 173.31(a)(2)...........
Procedures for Closing and Securing 4,619 1 4,619 16 hours 70,280 0
All Openings on a Tank Car--Sec.
173.31(d)(1)--NEW..................
Procedures for Closing and Securing 231 1 231 40 hours 9,240 ...........
All Openings on a Tank Car--Sec.
173.31(d)(1)--UPDATES..............
Record Required for Car Being Held-- 100 100 10,000 5 seconds 14 0
Sec. 174.14(a)...................
Reporting to the Bureau of -34 1.5 -51 20 minutes -17 0
Explosives Regarding any
Restrictions Over Any Portion of
its Lines--Sec. 174.20(b)........
OTMA Application--Sec. 174.50(c).. -54 9 -575 24 minutes -202 0
OTMA Documentation--Sec. 174.50(d) 56 1 56 5 minutes 5 0
DCE Written Procedure to Verify 25 1 25 8 hours 200 0
Compliance--Sec. 179.3(b)........
DCE Providing DAC Requirements--Sec. 25 14 350 10 hours 3,500 0
Sec. 179.3(d), 179.5............
----------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 5,318.
Annual Increase in Number of Responses: 15,005.
Annual Increase in Burden Hours: 83,634.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137-0612, ``Hazardous Materials Security Plans''
PHMSA estimates this rulemaking will result in a change in the
current estimated burden based on the new exception from alternate
route analysis. Specifically, PHMSA proposes to add Sec. 172.820(d)(3)
to provide an exception where no alternate route exists. PHMSA
estimates that approximately 10 percent of Class II and III railroad
routes will no longer have to develop alternate route analysis. This
leads to a reduction of 1,400 total burden hours for both Class II and
III railroads. However, Sec. 172.820(d)(3) requires that to take the
alternate route analysis exception, the railroad must develop
remediation or mitigation measures and certify that no alternative
route exists. Therefore, PHMSA estimates that there will be 132
railroads (32 Class II and 100 Class III railroads), with 47 routes
where no alternate route exists. PHMSA estimates it will take 30
minutes to develop the written measures and certification and this new
requirement will result in a total of 24 annual burden hours. Because
there is no change in the number of Class II and III railroads who are
subject to alternate route analysis
[[Page 85648]]
requirements, there is an increase in respondents and responses, but
there is an overall decrease in burden hours and salary costs. The
below table details the estimated change in burden associated with this
new exception. PHMSA does not estimate any out-of-pocket expenses.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Information collection details--alternate route Change in number of Change in Burden hours Change in Change in
analysis--Sec. 172.820(d) number of routes per number of per route total burden total burden
railroads railroad routes hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class II Railroads...................................... 0 -0.3 -10 120 -1,200 $0
Class III Railroads..................................... 0 -0.05 -5 40 -200 0
Where No Practicable Route Exists....................... 132 0.35 47 0.5 24 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 132.
Annual Increase in Number of Responses: 32.
Annual Decrease in Burden Hours: 1,376.
Annual Decrease in Burden Costs: $0.
PHMSA requests comments on any information collection and
recordkeeping burden associated with the proposed changes under this
rulemaking. Address written comments to the DOT Dockets Operations
Office as identified in the ADDRESSES section of this rulemaking.
Comments regarding information collection burdens must be received
prior to the close of the comment period identified in the DATES
section of this rulemaking. Requests for a copy of this information
collection should be directed to Steven Andrews or Glenn Foster, 202-
366-8553, [email protected], Standards and Rulemaking Division (PHH-10),
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. If these proposed requirements
are adopted in a final rule, PHMSA will submit the revised information
collection and recordkeeping requirements to OMB for approval.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of federal regulatory
action on state, local, or tribal governments, and the private sector.
For any NPRM or final rule that includes a federal mandate that may
result in the expenditure by state, local, and tribal governments, or
by the private sector of $100 million or more in 1996 dollars in any
given year, an agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the federal mandate.
This proposed rulemaking does not impose unfunded mandates under
URMA. As explained in the PRIA, it is not expected to result in costs
of $100 million or more in 1996 dollars on either state, local, or
tribal governments, in the aggregate, or to the private sector in any
one year, and is the least burdensome alternative that achieves the
objective of the rule.
H. Draft Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
et seq), requires that federal agencies analyze proposed actions to
determine whether the action will have a significant impact on the
human environment. When the effects of a proposed action are unknown,
CEQ implementing regulations (40 CFR 1500-1508) require federal
agencies to conduct an environmental review and prepare an
environmental assessment to consider (1) the need for the proposed
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes DOT
procedures for evaluation of environmental impacts under NEPA and its
implementing regulations.
1. Need for the Action
This NPRM would amend the HMR to revise provisions specific to the
highway, rail, and vessel transportation of hazardous materials. This
proposed action is necessary to increase regulatory clarity and
consistency, update requirements to reflect changing conditions and
trends, and improve the safe transportation of hazardous materials.
2. Alternatives
In proposing this rulemaking, PHMSA considered the following
alternatives:
No Action Alternative
If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be
amended or added.
Proposed Action Alternative
The proposed alternative for this NPRM includes adoption of RSAC
proposals for rail transportation, revision to the approval process for
tank car designs and QAPs, miscellaneous amendments to highway cargo
tank specification and requalification requirements, and an amendment
to cargo tank marking requirements for the transportation of petroleum
distillate fuels that will be discussed in further detail below.
This alternative is the current proposal as it appears in this
NPRM, applying to the transportation of hazardous materials by highway,
rail, and vessel. The proposed amendments included in this alternative
are more fully described in the preamble and regulatory text sections
of this NPRM.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
The No Action Alternative would not adopt enhanced and clarified
regulatory requirements expected to maintain or increase the high level
of safety in transportation of hazardous materials provided by the HMR.
For example, creation of reliable and repeatable closure instructions
for tank cars in Sec. 173.31 is intended to decrease the number of
leaking or improperly closed tank cars entering transportation, which
will decrease the quantity of hazardous materials released into the
environment. Not adopting the proposed environmental and safety
requirements in the NPRM under the No Action Alternative would result
in a lost opportunity for reducing safety-related incidents.
If PHMSA were to select the No Action Alternative, the HMR would
remain unchanged, and no new provisions would be amended or added.
Additionally, any economic benefits and additional regulatory clarity
gained through these amendments would not be realized.
Proposed Alternative
The changes under the Proposed Action Alternative will maintain or
increase the high safety standards
[[Page 85649]]
currently achieved under the HMR. The following details significant
proposed amendments and their impact:
1. Adoption of Rail Safety Advisory Committee (RSAC) Proposals for Rail
Transportation
Adoption of RSAC proposals includes updating the IBR edition of the
AAR Specifications for Tank Cars to the 2014 edition from the 2000
edition; creating closure instruction requirements for tank car
offerors; codifying long-standing FRA guidance on OTMAs; and revising
tank car use requirements found in part 174 to reflect the current
industry best practices in tank car loading and unloading.
The RSAC proposals are designed to improve regulatory clarity, and
therefore encourage compliance with the requirements of the HMR.
Creation of closure instruction requirements for tanks cars will
decrease the number of non-compliant tank cars offered for
transportation and the number of non-accidental releases of hazardous
materials. Based on a review of non-accident release data, PHMSA and
FRA estimate that the implementation of the closure instruction
requirement could reduce the number of non-accidental releases by 15
percent, primarily by reducing releases associated with improperly
closed hinged-and-bolted manways. Codifying FRA's One Time Movement
Approval procedures in the HMR will have no impact on releases of
hazardous materials to the environment, because these procedures are
already in place as FRA policy. Revisions to part 174, including
clarification of the applicability of the term ``residue'' for tank
cars in Sec. 174.58, authorizing additional types of packages for
COFC/TOFC service without FRA approval in Sec. 174.63, and revising
transloading requirements in Sec. 174.67 are intended to remove
unnecessarily prescriptive and outmoded requirements and replace them
with performance based standards that maintain the current level of
safety. PHMSA and FRA do not anticipate any increase in the release of
hazardous materials or other negative environmental impacts from these
changes. Increased compliance with the HMR's requirements for hazardous
materials containment in particular through proper closure instructions
and transloading procedures, decreases the release of hazardous
materials to the environment and improve the ability of emergency
responders to appropriately respond to accidents and incidents
involving hazardous materials in transportation.
Greenhouse gas emissions would remain the same under this proposed
amendment.
Based on this analysis adopting RSAC proposals will have a positive
impact on human health and the environment.
2. Revision to the Approval Process for Tank Car Designs and Quality
Assurance Programs (QAPs)
PHMSA proposes changes to remove the role of the AAR TCC in tank
car design approval, to be replaced with design review by a DCE. This
process will mirror the current procedure for cargo tank motor
vehicles. PHMSA additionally proposes to remove the role of the AAR TCC
from the approval process of a tank car facility's QAP, to be replaced
with a registration requirement for tank car facilities and increased
governmental oversight. Finally, PHMSA proposes to revise the
definition of tank car facility to narrow the scope of the definition
to only cover facilities that qualify tank cars for service.
PHMSA and FRA anticipate that the proposal to replace the role of
the AAR TCC with tank car DCEs, registered with PHMSA and subject to
PHMSA and FRA oversight will ensure at least an equivalent level of
safety oversight due to improved visibility into the design approval
process. PHMSA and FRA have limited oversight and control over the
current AAR TCC tank car design approval and QAP approval process. The
procedures proposed for the design review in Part 179 are intended to
create an accountable, auditable, criteria-based tank car design
approval system. Similarly, the tank car facility registration program
is designed to create increased visibility of tank car facilities with
increased government oversight through the registration program,
including possible suspension or termination of a registration.
Therefore, there will be no change to the suitability of tank car
designs, or to the construction, maintenance, and qualification of tank
cars conducted by tank car facilities.
PHMSA does not anticipate any impact to greenhouse gas emissions
under this proposed amendment.
3. Miscellaneous Amendments to Highway Cargo Tank Specification and
Requalification Requirements
PHMSA proposes to amend a variety of highway cargo tank
specification and requalification requirements. While a majority of the
intended provisions are for editorial and regulatory clarity, they also
include the following substantive revisions:
Updating the IBR edition of CGA P-26 (formerly TB-2) to
the 1997 edition;
Allowing for the use of a Midland PRD for chlorine gases
in cargo tanks and portable tanks;
Requiring post-weld heat treatment on newly manufactured
nurse tanks;
Requiring combustible liquids and flammable liquids
reclassified as combustible liquids to be bonded and grounded prior to
and during transfer of lading;
Allowing the DOT Specification 331 and 338 cargo tank
motor vehicle specification plate to be applied to the vehicle instead
of the rail chassis;
Ensuring the mechanical means of remote closure on a cargo
tank motor vehicle is not obstructed;
Requiring that all equipment and instruments be
calibrated;
Allowing the use of video camera or fiber optics equipment
for any visual test or inspection;
Requiring inspection of all pad attachments;
Limiting the need to remove the upper coupler during
inspection; and
Requiring the cargo tank facility registration number to
be marked on the cargo tank following inspection.
These highway amendments are designed to improve regulatory
clarity, and therefore encourage compliance with the requirements of
the HMR. The HMR's cargo tank construction, maintenance, and
qualification regulations have not kept up with technological changes,
e.g., the availability of small, high quality video cameras capable of
producing images of the interior of a cargo tank shell equivalent to
human vision. Revising and updating these cargo tank requirements will
improve construction, maintenance, and qualification practices for
cargo tanks used to transport hazardous materials. These revisions are
intended to decrease the release of hazardous materials to the
environment during transportation.
Greenhouse gas emissions would remain the same under this proposed
amendment.
4. Cargo Tank Marking Requirements for Petroleum Distillate Fuels
PHMSA proposes to revise the marking requirements for cargo tanks
transporting multiple petroleum distillate fuels in the current or
previous business day (defined as a day that the operator of the cargo
tank motor vehicle is open and operating in commerce). The proposal
authorizes a carrier to display the marking of the UN ID number for the
petroleum distillate fuel with the lowest flashpoint transported
[[Page 85650]]
in that cargo tank during the current or previous business day. For
example, a cargo tank used to transport gasoline on Day 1, and diesel
fuel only on Day 2, may display ``1203'' on Day 2, because gasoline has
a lower flash point than diesel fuel.
PHMSA's analysis of this proposed amendment indicates that for
NA1993, UN1202, UN1203, UN1223, and other petroleum distillate fuels,
the ERG directs the reader to the same guide page for initial emergency
response measures, and PHMSA further requests information from
emergency responders describing how emergency response would differ for
an accident involving a cargo tank motor vehicle marked ``1993,''
``1202,'' ``1203,'' ``1223,'' or another UN ID number associated with a
petroleum distillate fuel. PHMSA requests information on any known
incidents where emergency response was impacted negatively due to a
cargo tank motor vehicle displaying ``1203'' when it was transporting a
petroleum distillate fuel with a higher flash point.
The substantial time saved during fuel deliveries due to the
removal of the requirement to change the ID number displayed inside the
placard may provide environmental benefits, including a reduction in
greenhouse gases due to a reduction in time cargo tank motors vehicles
spend idling while the driver changes the ID number displayed in the
placard. PHMSA seeks comment on this, and any other environmental
impacts associated with this amendment.
4. Agencies and Persons Consulted During the Consideration Process
PHMSA has coordinated with the FAA, FMCSA, FRA, and the USCG, in
the development of this proposed rulemaking. The NPRM has also been
made available to other federal agencies within the interagency review
process contemplated under Executive Order 12866. PHMSA solicits, and
will consider, comments on the NPRM's potential impacts on safety and
the environment submitted by members of the public, state and local
governments, tribal communities, and industry.
5. Executive Order 12898
Executive Orders 12898 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations''),\66\
13985 (``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''),\67\ 13990 (``Protecting
Public Health and the Environment and Restoring Science To Tackle the
Climate Crisis''),\68\ 14008 (``Tackling the Climate Crisis at Home and
Abroad''),\69\ and DOT Order 5610.2C (``Department of Transportation
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'') require DOT agencies to achieve environmental
justice as part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects, including interrelated social and economic
effects of their programs, policies, and activities on minority
populations, low-income populations, and disadvantaged communities.
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\66\ 59 FR 7629 (Feb. 16, 1994).
\67\ 86 FR 7009 (Jan. 25, 2021).
\68\ 86 FR 7037 (Jan. 25, 2021).
\69\ 86 FR 7619 (Feb. 1, 2021).
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PHMSA has evaluated this proposed rulemaking under the above
Executive Orders and DOT Order 5610.2C and expects it would not cause
disproportionately high and adverse human health and environmental
effects on minority, low-income, underserved, and other disadvantaged
populations and communities. The rulemaking is facially neutral and
national in scope; it is neither directed toward a particular
population, region, or community, nor is it expected to adversely
impact any particular population, region, or community. And because
PHMSA expects the rulemaking would not adversely affect the safe
transportation of hazardous materials generally, PHMSA does not expect
the proposed revisions would entail disproportionately high adverse
risks for minority populations, low-income populations, or other
underserved and other disadvantaged communities.
The proposed rulemaking could reduce risks to minority populations,
low-income populations, or other underserved and other disadvantaged
communities. Insofar as the proposed HMR amendments could avoid the
release of hazardous materials, the proposed rule could reduce risks to
populations and communities--including any minority, low-income,
underserved and other disadvantaged populations and communities--in the
vicinity of interim storage sites and transportation arteries and hubs.
Additionally, as explained in the above discussion of NEPA, PHMSA
anticipates that its proposed HMR amendments will yield modest GHG
emissions reductions, thereby reducing the risks posed by anthropogenic
climate change to minority, low-income, underserved, and other
disadvantaged populations and communities.
PHMSA solicits comment on potential impacts to minority, low-
income, underserved, and other disadvantaged populations and
communities of the proposed rulemaking.
6. Proposed Finding of No Significant Impact
PHMSA anticipates the adoption of the Proposed Action Alternative's
regulatory amendments will maintain the HMR's current high level of
safety for shipments of hazardous materials transported by highway,
rail, and vessel, and as such proposes the HMR amendments in the NPRM
would have no significant impact on the human environment. The
environmental review outlines the Proposed Action Alternative will
avoid adverse safety, environmental justice, and greenhouse gas (GHG)
emissions impacts of the proposed action. Furthermore, based on the
environmental analysis of provisions described above, PHMSA proposes to
find the codification and implementation of this rulemaking would not
result in a significant impact to the human environment.
PHMSA welcomes any views, data, or information related to safety or
environmental impacts that may result from the NPRM's proposed
requirements, the No Action Alternative, and other viable alternatives
and their environmental impacts.
I. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000,\70\ or on DOT's website
at http://www.dot.gov/privacy.
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\70\ 65 FR 19475 (Apr. 11, 2000).
---------------------------------------------------------------------------
J. Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \71\ requires that agencies must consider whether the
impacts associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared
[[Page 85651]]
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
---------------------------------------------------------------------------
\71\ 77 FR 26413 (May 4, 2012).
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Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. Pursuant to the Trade Agreements Act,
the establishment of standards is not considered an unnecessary
obstacle to the foreign commerce of the United States, so long as the
standards have a legitimate domestic objective, such as providing for
safety, and do not operate to exclude imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public. PHMSA has
assessed the effects of this rulemaking to ensure that it does not
cause unnecessary obstacles to foreign trade. While the rulemaking
would clarify and elaborate on existing PHMSA regulations, PHMSA
expects the rulemaking will result in cost savings and greater
regulatory flexibility for entities engaged in international commerce.
Accordingly, this rulemaking is consistent with Executive Order 13609
and PHMSA's obligations under the Trade Agreement Act, as amended.
K. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking involves multiple voluntary consensus standards that are
discussed at length in the discussion on Sec. 171.7. See ``Section IV.
Section-by-Section Review; Part 171; Section 171.7'' for further
details.
L. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \72\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation that (1)(i) is
a significant regulatory action under Executive Order 12866 or any
successor order and (ii) is likely to have a significant adverse effect
on the supply, distribution, or use of energy (including a shortfall in
supply, price increases, and increased use of foreign supplies); or (2)
is designated by the Administrator of the Office of Information and
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------
\72\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
Although this proposed rule is a significant regulatory action
under Executive Order 12866, this action is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy in the United States. For additional discussion of the
anticipated economic impact of this rulemaking, please review the PRIA
in the rulemaking docket.
M. Cybersecurity and Executive Order 14082
Executive Order 14082 (``Improving the Nation's Cybersecurity'')
\73\ expressed the Administration policy that ``the prevention,
detection, assessment, and remediation of cyber incidents is a top
priority and essential to national and economic security.'' Executive
Order 14082 directed the Federal Government to improve its efforts to
identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' Consistent with Executive
Order 14082, TSA in October 2022 issued a Security Directive to reduce
the risk that cybersecurity threats pose to critical railroad
operations and facilities through implementation of layered
cybersecurity measures that provide defense-in-depth.\74\
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\73\ 86 FR 26633 (May 17, 2021).
\74\ TSA, Security Directive No. 1580/82-2022-01, ``Rail
Cybersecurity Mitigation Actions and Testing'' (Oct. 24, 2022).
---------------------------------------------------------------------------
PHMSA has considered the effects of the NPRM and has preliminarily
determined that its proposed regulatory amendments would not materially
affect the cybersecurity risk profile for rail transportation of
hazardous materials.
PHMSA seeks comment on any other potential cybersecurity impacts of
the proposed amendments.
N. Severability
The purpose of this proposed rule is to operate holistically in
addressing different issues related to safety and environmental hazards
associated with the transportation of hazardous materials. However,
PHMSA recognizes that certain provisions focus on unique topics.
Therefore, PHMSA preliminarily finds that the various provisions of
this proposed rule are severable and able to function independently if
severed from each other; thus, in the event a court were to invalidate
one or more of this proposed rule's unique provisions, the remaining
provisions should stand and continue in effect. PHMSA seeks comment on
which portions of this rule should or should not be severable.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting, and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 176
Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 177
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Radioactive materials,
[[Page 85652]]
Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.1, revise the definition of ``registration'' to read as
follows:
Sec. 107.1 Definitions.
* * * * *
Registration means a written acknowledgment from the Associate
Administrator that a registrant is authorized to perform a function for
which registration is required under subchapter C of this chapter
(e.g., registration in accordance with 49 CFR 178.503 regarding marking
of packagings). For purposes of subparts A through E, ``registration''
does not include registration under subpart F, G, or J of this part.
* * * * *
0
3. In 107.105, revise paragraph (a)(5) to read as follows:
Sec. 107.105 Application for special permit.
(a) * * *
(5) For persons required to be registered in accordance with
Subpart F, G, or J of this part, in addition to the information listed
in paragraph (a)(2) of this section, the application must provide the
registration number or the name of the company to which the
registration number is assigned if different from the applicant. For
persons not required to be registered in accordance with Subpart F, G,
or J of this part, in addition to the information listed in paragraph
(a)(2) of this section, the application must provide a statement
indicating that registration is not required.
* * * * *
0
4. In Sec. 107.502:
0
a. Revise paragraphs (a)(3), (b), (d), and (e); and
0
b. Add paragraphs (a)(4) through (9) and (f).
The revisions and additions read as follows:
Sec. 107.502 General registration requirements.
(a) * * *
(3) The terms cargo tank wall, component, and manufacturer are
defined in Sec. 178.320(a) of this chapter. The terms maintenance,
modification, and repair are defined in Sec. 180.403 of this chapter.
(4) Fixed test and inspection facility means a single, permanent,
and specific geographical location with a physical address where cargo
tanks or cargo tank motor vehicles are housed, stored, and maintained
for repair or tests and inspections, in accordance with subpart E of
part 180 of this chapter.
(5) FMCSA Agency Decisionmaker means Assistant Administrator,
Federal Motor Carrier Safety Administration, or another FMCSA official
authorized to make a final agency decision as specified in this
subchapter.
(6) FMCSA Agency Official means the official(s) authorized by FMCSA
order of delegation to take the actions specified in this subchapter.
(7) Mobile tester means a person qualified in accordance with Sec.
180.409 of this chapter to perform repair or test and inspection at a
location other than a fixed test and inspection facility.
(8) Mobile testing means the conduct of repairs or tests and
inspections by a mobile tester in accordance with subpart E of part 180
of this chapter for the continuing qualification, maintenance, or
periodic testing of cargo tanks or cargo tank motor vehicles at a
location other than at a fixed test and inspection facility.
(9) Mobile test and inspection unit means a motor vehicle used by a
mobile tester to perform mobile testing.
(b) No person may engage in the manufacture, assembly,
certification, inspection, or repair of a cargo tank or cargo tank
motor vehicle manufactured under the terms of a DOT specification under
subchapter C of this chapter or a special permit issued under this part
unless the person is registered with the Department in accordance with
the provisions of this subpart. A person employed as a Registered
Inspector or Design Certifying Engineer is considered to be registered
if the person's employer is registered. The requirements of this
paragraph (b) do not apply to a person engaged in the repair of a DOT
specification cargo tank used in the transportation of hazardous
materials in the United States in accordance with Sec.
180.413(a)(1)(iii) of this chapter.
* * * * *
(d) Persons registering with the Department may submit their
registration statement and all of the information required by this
subpart, in English, electronically at https://portal.fmcsa.dot.gov/UrsRegistrationWizard/, or in hard copy form to: FMCSA Hazardous
Materials Division--MC-ECH, 1200 New Jersey Ave., Washington, DC 20590-
0001.
(e) Upon determination that a registration statement contains all
the information required by this subpart, the Department will send the
registrant a letter or provide electronic confirmation verifying
receipt of the registration application and assigning a registration
number to that person.
(f) A separate registration number will be assigned for each cargo
tank manufacturing, assembly, repair facility, or other place of
business identified by the registrant.
0
5. In Sec. 107.503:
0
a. Revise paragraphs (a)(2), (a)(4), and (c); and
0
b. Add paragraph (d).
The revisions and addition read as follows:
Sec. 107.503 Registration statement.
(a) * * *
(2) Street address, mailing address, telephone number, and email
address, if available, for each facility or place of business;
* * * * *
(4) A statement signed by the person responsible for compliance
with the applicable requirements of this chapter, certifying knowledge
of those requirements and that each employee who is a hazmat employee,
including a Registered Inspector or Design Certifying Engineer, meets
the minimum qualification requirements set forth in Sec. 171.8 of this
chapter, has been trained in accordance with Sec. 172.704, and is
knowledgeable and trained in the functions the employee performs. The
following language may be used:
I certify that all hazmat employees, including Registered
Inspectors and Design Certifying Engineers, performing any function
have met the minimum
[[Page 85653]]
qualification requirements set forth in 49 CFR 171.8 and/or 180.403 and
the training requirements of 49 CFR 172.704; that all persons are
knowledgeable and trained in the functions they perform; that I am the
person responsible for ensuring compliance with the applicable
requirements of this chapter; that I maintain all required
documentation to verify compliance; and that I have knowledge of the
requirements applicable to the functions to be performed.
* * * * *
(c) In addition to the information required under paragraph (a) of
this section, each person who repairs a cargo tank or cargo tank motor
vehicle must submit a copy of the repair facility's current National
Board Certificate of Authorization for the use of the ``R'' stamp or
ASME Certificate of Authorization for the use of the ASME ``U'' stamp.
(d) In addition to the information required under paragraph (a) of
this section, each person who performs the wet fluorescent magnetic
particle exam must submit a copy of the ASME Code training certificate.
0
6. Add Sec. 107.505 to read as follows:
Sec. 107.505 Modification, suspension or termination of registration.
(a) The FMCSA Agency Official may modify, suspend, or terminate a
registration, as appropriate, on finding that:
(1) Because of a change in circumstances, the registration requires
modification, is no longer needed, or would no longer be granted if
applied for;
(2) The application contained inaccurate or incomplete information,
and the registration would not have been granted had the application
been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated the terms of the registration
or an applicable requirement of this chapter in a manner demonstrating
lack of fitness to conduct the activity for which registration is
required.
(b) Except as provided in paragraph (c) of this section, before a
registration is modified, suspended, or terminated, the FMCSA Agency
Official notifies the holder in writing or by electronic means of the
proposed action and the reasons for it, and provides an opportunity to
show cause why the proposed action should not be taken.
(1) The holder may file a response in writing or by electronic
means with the FMCSA Agency Official within 30 days of service of
notice of the proposed action.
(2) After considering the holder's written response, or after 30
days have passed without response since service of the notice, the
FMCSA Agency Official notifies the holder in writing or by electronic
means of the decision with a brief statement of reasons and the
effective date of the action.
(c) The rules for service and computation of time in Sec. Sec.
386.6 and 386.8 of this title shall apply to this section, except that
electronic service is permitted.
(d) If FMCSA determines that a violation of a provision of the
federal hazardous material transportation law, or a regulation or order
prescribed under that law, or an unsafe condition or practice,
constitutes or is causing an imminent hazard, as defined in Sec. 109.1
of this subchapter, FMCSA may issue an immediately effective emergency
order to the registration holder in accordance with Sec. 109.17 of
this subchapter. Petitions for review of the emergency order shall be
governed by Sec. 109.19 of this subchapter.
0
7. Add Sec. 107.506 to read as follows:
Sec. 107.506 Reconsideration.
(a) A registration holder may request that the FMCSA Agency
Official reconsider a decision under Sec. 107.505 of this part. The
request for reconsideration must:
(1) Be in writing or by electronic means and served within twenty
days of service of the decision;
(2) State in detail any alleged errors of fact, law, or procedure;
(3) Explain any corrective actions taken;
(4) Enclose any additional information needed to support the
request to reconsider; and
(5) State in detail the modification of the final decision sought.
(b) A decision issued under Sec. 107.505 of this part remains
effective pending a decision on reconsideration. The FMCSA Agency
Official will consider requests to stay the decision using the criteria
set forth in Sec. 107.507(b)(1)-(4) of this part.
(c) The FMCSA Agency Official may request additional information or
documents and, to ensure that the deficiencies identified as the basis
for the action have been corrected, may conduct additional
investigation. If the registration holder does not provide the
information requested, the FMCSA Agency Official may deny the petition
for reconsideration. The FMCSA Agency Official considers all
information and documentation submitted on reconsideration.
(d) The FMCSA Agency Official grants or denies, in whole or in
part, the relief requested and informs the requesting person in writing
or by electronic means of the decision.
(e) The rules for service and computation of time in Sec. Sec.
386.6 and 386.8 of this title shall apply to this section, except that
electronic service is permitted.
0
8. Add Sec. 107.507 to read as follows:
Sec. 107.507 Appeal.
(a) A person who requested reconsideration under Sec. 107.506 and
is denied the relief requested may appeal to the FMCSA Agency
Decisionmaker. The appeal must be in writing and served on the Agency
Decisionmaker, ATTN: Adjudications Counsel, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE Washington, DC 20590-
0001, or by submitting the documents electronically to
[email protected]. The appeal must also be served on all
parties to the proceeding. The appeal must:
(1) Be served within 30 days of service of the FMCSA Agency
Official's decision on reconsideration;
(2) State in detail any alleged errors of fact, law, or procedure;
(3) Enclose any additional information needed to support the
appeal; and
(4) State in detail the modification of the final decision sought.
(b) The FMCSA Agency Official's action remains effective pending a
decision on appeal. Requests for a stay of the FMCSA Agency Official's
action will be considered using the following criteria:
(1) There is a substantial likelihood that the requesting party
will prevail on the merits;
(2) The requesting party will suffer irreparable injury absent the
stay;
(3) The threatened injury outweighs whatever damage the stay may
cause the opposing party; and
(4) The stay will not harm the public interest.
(c) The FMCSA Agency Official files a response to the appeal no
later than 30 days following service of the appeal. The FMCSA Agency
Official addresses each assignment of error by producing evidence or
legal argument that supports the Agency Official's determination on
that issue. The Agency Official's determination may be supported by
circumstantial or direct evidence and the reasonable inferences drawn
therefrom. The burden of proof shall be on the FMCSA Agency Official.
(d) The FMCSA Agency Decisionmaker may ask the parties to
[[Page 85654]]
submit additional information. If the registration holder does not
provide the information requested, the Agency Decisionmaker may dismiss
the petition for review. The FMCSA Agency Decisionmaker grants or
denies, in whole or in part, the relief requested and informs the
appellant in writing of the decision on appeal. The FMCSA Agency
Decisionmaker decision on the appeal is the final agency action.
(e) The rules for service, filing of documents, and computation of
time in Sec. Sec. 386.6, 386.7, and 386.8 of this title shall apply to
this section, except that electronic service is permitted.
0
9. In Sec. 107.701, revise paragraph (c) to read as follows:
Sec. 107.701 Purpose and scope.
* * * * *
(c) Registration under subpart F, G, or J of this part is not
subject to the procedures of this subpart.
0
10. In part 107, subpart J is added to read as follows:
Subpart J--Registration of Tank Car Facilities and Design
Certifying Engineers
Sec. 107.901 Purpose and Scope.
Sec. 107.903 Definitions.
Sec. 107.905 Tank car facility registration.
Sec. 107.907 Tank car design certifying engineer registration.
Sec. 107.909 Period of registration, updates, and record retention.
Sec. 107.911 Modification, suspension, or termination of
registration.
Sec. 107.913 Reconsideration.
Sec. 107.915 Appeal.
Sec. 107.901 Purpose and scope.
(a) This subpart establishes a registration procedure for tank car
facilities and tank car Design Certifying Engineers.
(b) Persons who apply for registration in accordance with this
subpart must be familiar with the requirements set forth in part 179
and part 180, subpart F of this chapter.
Sec. 107.903 Definitions.
The following definitions apply for the purpose of this subpart:
Associate Administrator for Safety, FRA means the Federal Railroad
Administration, Associate Administrator for Safety.
Design Certifying Engineer is defined in Sec. 171.8 of this
chapter.
FRA Administrator means the Administrator of the Federal Railroad
Administration.
Qualification is defined in Sec. 180.503 of this chapter.
Tank car is defined in Sec. 179.2 of this chapter.
Tank car facility is defined in Sec. 179.2 of this chapter.
Tank car tank is defined in Sec. 180.503 of this chapter.
Sec. 107.905 Tank car facility registration.
(a) No person may engage in the qualification of a tank car
manufactured and maintained under the terms of a DOT specification
under subchapter C of this chapter or a special permit issued under
this part unless the person is registered with the Department in
accordance with the provisions of this subpart.
(b) A person who performs functions subject to the provisions of
this subpart may perform only those functions that have been identified
to the Department in accordance with the procedures of this subpart.
(c) Persons registering a tank car facility may submit their
registration statements and all the information required by this
subpart, in English, electronically at www.phmsa.dot.gov or in hard
copy form to: Associate Administrator of Hazardous Materials Safety
(Attention: General Approvals and Permits, PHH-13) Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001.
(d) Each person must submit a separate registration statement and
each tank car facility will be assigned a unique registration number.
(e) Upon determination that a tank car facility registration
statement contains all the information required by this subpart, the
Department will send the registrant a letter or provide electronic
confirmation verifying receipt of the registration application and
assigning a registration number to that facility.
(f) Each tank car facility registration statement must contain the
following information:
(1) Name of business;
(2) Street address, mailing address, telephone number, and email
address, if available, for the facility or place of business;
(3) A statement indicating whether the facility uses mobile
testing/inspection equipment to perform manufacturing, maintenance, or
qualification at a location other than the address listed in paragraph
(f)(2) of this section;
(4) A statement signed by the principal, officer, partner, or
employee of the facility responsible for compliance with the applicable
requirements of this chapter, certifying knowledge of those
requirements and that each employee who is a hazmat employee has been
trained in accordance with Sec. 172.704 of this chapter and is
knowledgeable and trained in the functions the employee performs, and
that the facility's quality assurance program complies with the
requirements of Sec. 179.7 of this chapter. The following statement
may be used:
I certify that this facility operates in conformance with minimum
requirements set forth in this chapter; that all persons are
knowledgeable and trained in the functions they perform; that I am the
person responsible for ensuring compliance with the applicable
requirements of this chapter; that I maintain all required
documentation to verify compliance; that I have knowledge of the
requirements applicable to the functions to be performed; and that this
tank car facility's quality assurance program is in compliance with the
requirements of 49 CFR 179.7.
(5) A description of the specific qualification functions to be
performed on tank cars. For example:
(i) External visual inspection;
(ii) Leakproofness testing; or
(iii) Ultrasonic examination.
(6) A description of any other tank car-related functions performed
at the facility. For example:
(i) Manufacture; or
(ii) Maintenance.
(7) An identification of the types of DOT specification and special
permit tank cars that the registrant intends to qualify and manufacture
or maintain, if applicable;
(8) Each tank car facility must submit an executive summary of the
facility's current quality assurance program, sufficient to demonstrate
compliance with the required elements of Sec. 179.7(b) of this
chapter; and
(9) If the registrant is not a resident of the United States, the
name and address of a permanent resident of the United States
designated in accordance with Sec. 105.40 of this subchapter to serve
as agent for service of process.
Sec. 107.907 Tank car Design Certifying Engineer registration.
(a) No person may approve the design of a tank car or service
equipment manufactured in accordance with subchapter C of this chapter
or a special permit issued under this part unless the person is
registered with the Department in accordance with the provisions of
this subpart.
(b) A person who performs functions subject to the provisions of
this subpart may perform only those functions that have been identified
to the Department in accordance with the procedures of this subpart.
(c) Persons registering a tank car Design Certifying Engineer may
submit
[[Page 85655]]
their registration statements and all the information required by this
subpart, in English, electronically at www.phmsa.dot.gov or in hard
copy form to: Associate Administrator of Hazardous Materials Safety
(Attention: General Approvals and Permits, PHH-13), Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 1200 New Jersey Avenue SE Washington, DC
20590-0001.
(d) Each registration statement must be in English and contain the
following information:
(1) Name of business;
(2) Street address, mailing address, telephone number, and email
address, if available, for each person or place of business;
(3) A statement signed by the person responsible for compliance
with the applicable requirements of this chapter, certifying knowledge
of those requirements and that each employee who is a hazmat employee,
including a Design Certifying Engineer, meets the minimum qualification
requirements set forth in Sec. 171.8 of this chapter; has been trained
in accordance with Sec. 172.704 of this chapter; and is knowledgeable
and trained in the functions the employee performs. The following
statement may be used:
I certify that all hazmat employees performing any hazardous
materials transportation function have met the training requirements of
49 CFR 172.704; that any Design Certifying Engineer hazmat employees
have met the minimum qualification requirements set forth in 49 CFR
171.8 for Design Certifying Engineers; that all persons are
knowledgeable and trained in the hazardous materials transportation
functions they perform; that I am the person responsible for ensuring
compliance with the applicable requirements of this chapter; that I
maintain all required documentation to verify compliance; and that I
have knowledge of the requirements applicable to the hazardous
materials transportation functions to be performed.
(4) A description of the specific functions to be performed, e.g.:
(i) New tank car design;
(ii) Tank car modification;
(iii) New service equipment design; and
(iv) Service equipment modification.
(5) An identification of the types of DOT specification and special
permit tank cars and service equipment whose designs the registrant
intends to review;
(6) The names and a description of the experience meeting the
definition in Sec. 171.8 of this chapter for each individual engineer
employed as a Design Certifying Engineer; and
(7) If the registrant is not a resident of the United States, the
name and address of a permanent resident of the United States
designated in accordance with Sec. 105.40 of this subchapter to serve
as an agent for service of process.
(e) Upon determination that a registration statement contains all
of the information required by this subpart, the Department will send
the registrant a letter or provide electronic confirmation verifying
receipt of the registration application and assigning a registration
number to that person. A separate registration number will be assigned
to each individual employed as a Design Certifying Engineer and
identified in the registration statement by the registrant.
Sec. 107.909 Period of registration, updates, and record retention.
(a) The period of registration for both tank car facilities and
tank car Design Certifying Engineers will be for a maximum of six years
from the date of the original registration and for six-year renewal
periods thereafter.
(b) Any correspondence with the Department must contain the
registrant's name and registration number.
(c) A registration must be renewed prior to expiration of the
period of registration to ensure continued authorization to perform
authorized duties by submitting an up-to-date registration statement
containing the information prescribed by Sec. Sec. 107.905 or 107.907
of this subpart. Any person initially registered under the provisions
of Sec. Sec. 107.905 or 107.907 of this subpart and who is in good
standing is eligible for renewal.
(d) A registrant shall provide notification to PHMSA within 30 days
of any of the following occurrences:
(1) Any change in the registration information submitted under
Sec. Sec. 107.905 or 107.907 of this subpart, (e.g., change of company
name, address, ownership, or names and description of the experience
meeting the definition in Sec. 171.8 of this chapter for each
individual engineer employed as a Design Certifying Engineer);
(2) Replacement of the person responsible for compliance with the
requirements in Sec. Sec. 107.905(f)(4) or 107.907(d)(3) of this
subpart. If this occurs, the registrant shall resubmit the required
certification;
(3) A change in function, such as from maintenance to manufacture,
an addition of a function, or a change to the types of qualifications
or certifications of tank cars conducted by the facility; or
(4) The facility or Design Certifying Engineer no longer performs
any functions requiring a registration under this subpart.
(e) Each registrant shall maintain a current copy of the
registration information submitted to the Department and a current copy
of the registration number received from the Department at the location
identified in Sec. Sec. 107.905(f)(2) or 107.907(d)(2) of this subpart
during such time the person is registered with the Department and for
two (2) years thereafter.
Sec. 107.911 Modification, Suspension, or Termination of
Registration.
(a) The Associate Administrator for Safety, FRA may modify,
suspend, or terminate a tank car facility or tank car Design Certifying
Engineer registration, as appropriate, on finding that:
(1) Because of a change in circumstances, the registration is no
longer needed or would no longer be granted if applied for;
(2) The application contained inaccurate or incomplete information,
and the registration would not have been granted had the application
been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated the terms of the registration
or an applicable requirement of this chapter in a manner demonstrating
lack of fitness to conduct the activity for which registration is
required.
(b) Except as provided in paragraph (c) of this section, before a
registration is modified, suspended, or terminated, the Associate
Administrator for Safety, FRA notifies the holder of the proposed
action and the reasons for it, and provides an opportunity to show
cause why the proposed action should not be taken.
(1) The holder may file a response with the Associate Administrator
for Safety, FRA within 30 days of receipt of notice of the proposed
action in accordance with the procedures of 49 CFR 209.9 via
[email protected].
(2) After considering the holder's response, or after 30 days have
passed without response since receipt of the notice, the Associate
Administrator for Safety, FRA notifies the holder of the final decision
with a brief statement of reasons.
(c) The Associate Administrator for Safety, FRA, if necessary to
avoid a risk of significant harm to persons or property, may, in the
notification, declare the proposed action immediately effective.
[[Page 85656]]
Sec. 107.913 Reconsideration.
(a) A registration holder may request that the Associate
Administrator for Safety, FRA reconsider a decision under Sec. 107.911
of this subpart. The request must:
(1) Be filed in accordance with the procedures of 49 CFR 209.9 with
[email protected] within twenty days of receipt of the decision;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the
request to reconsider; and
(4) State in detail the modification of the final decision sought.
(b) The Associate Administrator for Safety, FRA considers newly
submitted information on a showing that the information could not
reasonably have been submitted during application processing.
(c) The Associate Administrator for Safety, FRA grants or denies,
in whole or in part, the relief requested and informs the requesting
person of the decision.
Sec. 107.915 Appeal.
(a) A person who requested reconsideration under Sec. 107.913 of
this subpart and is denied the relief requested may appeal to the FRA
Administrator. The appeal must:
(1) Be filed in accordance with the procedures of 49 CFR 209.9 with
[email protected] within 30 days of receipt of the Associate
Administrator for Safety, FRA's decision on reconsideration;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the
appeal; and
(4) State in detail the modification of the final decision sought.
(b) The FRA Administrator, if necessary to avoid a risk of
significant harm to persons or property, may declare that the Associate
Administrator for Safety, FRA's action remain effective pending a
decision on appeal.
(c) The FRA Administrator grants or denies, in whole or in part,
the relief requested and informs the appellant of the decision on
appeal. The FRA Administrator's decision on the appeal is the final
administrative action.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
11. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
12. In Sec. 171.6, revise the table in paragraph (b)(2) to read as
follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) * * *
------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control number Title identified and
described
------------------------------------------------------------------------
2137-0014..................... Cargo Tank Sec. Sec. 107.503,
Specification 107.504, 107.505,
Requirements. 107.506, 107.507,
178.320, 178.337,
178.338, 178.345,
180.405, 180.407,
180.409, 180.413,
180.415, 180.417.
2137-0018..................... Inspection and Sec. Sec. 173.24,
Testing of 173.32, 178.3,
Portable Tanks 178.255, 178.273,
and Intermediate 178.274, 178.703,
Bulk Containers. 178.801, 180.352,
180.605.
2137-0022..................... Testing, Sec. Sec. 173.5b,
Inspection, and 173.302a, 173.303,
Marking 173.304, 173.309,
Requirements for 178.2, 178.3,
Cylinders. 178.35, 178.44,
178.45, 178.46,
178.57, 178.59,
178.60, 178.61,
178.68, 180.205,
180.207, 180.209,
180.211, 180.213,
180.215, 180.217,
Appendix C to part
180.
2137-0034..................... Hazardous Sec. Sec. 172.200,
Materials 172.201, 172.202,
Shipping Papers 172.203, 172.204,
and Emergency 172.505, 172.600,
Response 172.602, 172.604,
Information. 172.606, 173.6,
173.7, 173.22,
173.56, 174.24,
174.26, 174.114,
175.30, 175.31,
175.33, 176.24,
176.27, 176.30,
176.36, 176.89,
177.817.
2137-0039..................... Hazardous Sec. Sec. 171.15,
Materials 171.16, 171.21.
Incidents
Reports.
2137-0051..................... Rulemaking and Sec. Sec. 105.30,
Special Permit 105.40, 106.95,
Petitions. 106.110, 107.105,
107.107, 107.109,
107.113, 107.117,
107.121, 107.123,
107.125, 107.205,
107.211, 107.215,
107.217, 107.219,
107.221, 107.223.
2137-0510..................... RAM Part 173, subpart I,
Transportation Sec. Sec. 173.22,
Requirements. 173.411, 173.415,
173.416, 173.417,
173.457, 173.471,
173.472, 173.473,
173.476.
2137-0542..................... Flammable Sec. Sec. 173.318,
Cryogenic 177.816, 177.840,
Liquids. 180.405.
2137-0557..................... Approvals for Sec. Sec. 107.402,
Hazardous 107.403, 107.405,
Materials. 107.705, 107.713,
107.715, 107.717,
107.803, 107.805,
107.807, 110.30,
172.101, 172.102,
Special Provisions
19, 26, 53, 55, 60,
105, 118, 121, 125,
129, 131, 133, 136,
B45, B55, B61, B69,
B77, B81, N10, N72,
173.2a, 173.4,
173.7, 173.21,
173.22, 173.24,
173.31, 173.38,
173.51, 173.56,
173.58, 173.59,
173.124, 173.128,
173.159, 173.166,
173.171, 173.214,
173.222, 173.224,
173.225, 173.245,
173.301, 173.305,
173.306, 173.314,
173.315, 173.316,
173.318, 173.334,
173.340, 173.411,
173.433, 173.457,
173.471, 173.472,
173.476, 174.50,
174.63, 175.8,
175.85, 175.701,
175.703, 176.168,
176.340, 176.704,
178.3, 178.35,
178.47, 178.53,
178.273, 178.274,
178.503, 178.509,
178.605, 178.606,
178.608, 178.801,
178.813, 180.213.
2137-0559..................... Rail Carrier and Sec. Sec. 107.905,
Tank Car Tanks 107.907, 107.909,
Requirements, 107.911, 107.913,
Rail Tank Car 107.915, 172.102,
Tanks--Transport Special provisions:
ation of B45, B46, B55, B61,
Hazardous B69, B77, B78, B81;
Materials by 173.10, 173.31,
Rail. 174.14, 174.50,
174.63, 174.104,
174.114, 174.204,
179.3, 179.4, 179.5,
179.6, 179.7,
179.11, 179.18,
179.22, 179.100-9,
179.100-12, 179.100-
13, 179.100-16,
179.100-17, 179.102-
4, 179.102-17,
179.103-1, 179.103-
2, 179.103-3,
179.103-5, 179.200-
10, 179.200-14,
179.200-15, 179.200-
16, 179.200-17,
179.200-19, 179.201-
3, 179.201-8,
179.201-9, 179.220-
4, 179.220-7,
179.220-8, 179.220-
13, 179.220-15,
179.220-17, 179.220-
18, 179.220-20,
179.220-22, 179.300-
3, 179.300-7,
179.300-9, 179.300-
12, 179.300-13,
179.300-15, 179.300-
20, 179.400-3,
179.400-4, 179.400-
11, 179.400-13,
179.400-16, 179.400-
17, 179.400-19,
179.400-20, 179.500-
5, 179.500-8,
179.500-12, 179.500-
18, 180.505,
180.509, 180.515,
180.517.
2137-0572..................... Testing Sec. Sec. 173.168,
Requirements for 178.2, 178.601,
Non-bulk Appendix C to part
Packages. 178, Appendix D to
part 178.
[[Page 85657]]
2137-0582..................... Container Sec. Sec. 176.27,
Certification 176.172.
Statement.
2137-0586..................... Hazardous Part 110.
Materials Public
Sector Training
and Planning
Grants.
2137-0591..................... Response Plans Part 130.
for Shipments of
Oil.
2137-0595..................... Cargo Tank Motor Sec. Sec. 173.315,
Vehicles in 178.337-8, 178.337-
Liquefied 9, 180.405, 180.416.
Compressed Gas
Service.
2137-0612..................... Hazardous Part 172, subpart I,
Materials Sec. Sec.
Security Plans. 172.800, 172.802,
172.804.
2137-0613..................... Subsidiary Hazard Sec. Sec. 172.202,
Class and Number/ 172.203.
Type of
Packagings.
2137-0620..................... Inspection and Part 173, subpart A,
Testing of Meter Sec. 173.5a.
Provers.
2137-0621..................... Requirements for Sec. Sec. 173.301,
United Nations 173.304, 173.304b,
(UN) Cylinders. 178.69, 178.70,
178.74, 178.75,
180.207, 180.209,
180.212, 180.215,
180.217.
2137-0628..................... Flammable Sec. Sec. 130.120,
Hazardous 171.16, 173.41,
Materials by 173.145, 173.150,
Rail 174.310, 174.312.
Transportation.
------------------------------------------------------------------------
0
13. In Sec. 171.7:
0
a. Revise paragraphs (h)(39), (k), and (l)(3);
0
b. Remove and reserve paragraph (l)(4); and
0
c. Revise paragraph (n)(21).
The revisions read as follows:
Sec. 171.7 Reference material.
* * * * *
(h) * * *
(39) ASTM D 1838-64 Copper Strip Corrosion by Liquefied Petroleum
(LP) Gases, 1964 (Reapproved 1968), into Sec. 173.315.
* * * * *
(k) Association of American Railroads, American Railroads Building,
Suite 1000, 425 Third Street SW, Washington, DC 20024; telephone 877-
999-8824, http://www.aarpublications.com/
(1) AAR Manual of Standards and Recommended Practices, Section C--
II Specifications for Design, Fabrication, and Construction of Freight
Cars, Chapter 5, Paragraph 5.1, Workmanship, April 2011, into Sec.
179.16.
(2) AAR Manual of Standards and Recommended Practices, Section C--
II Specifications for Design, Fabrication, and Construction of Freight
Cars, Chapter 6, June 2015, into Sec. 179.400-6.
(3) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 1, November 2014, into Sec.
180.517.
(4) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 2, November 2014, into Sec.
179.102-3.
(5) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 3, November 2014, into
Sec. Sec. 173.241, 173.242, 173.247.
(6) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 5, November 2014, into Sec.
179.16.
(7) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 6, November 2014, into Sec.
179.10.
(8) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix A, November 2014, into
Sec. Sec. 173.314; 179.15; 179.300-15; 179.300-17; 179.400-20.
(9) [Reserved]
(10) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix C, November 2014, into
Sec. Sec. 179.22; 179.220-26; 179.400-25.
(11) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix D, November 2014, into Sec.
180.509.
(12) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix E, November 2014, into
Sec. Sec. 173.31; 179.20; 179.100-12; 179.100-14; 179.101-1; 179.103-
5; 179.200-9; 179.200-13; 179.200-17; 179.220-14; 179.220-18.
(13) [Reserved]
(14) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix M, November 2014, into
Sec. Sec. 179.200-7; 179.201-6; 179.220-6; 179.220-7; 179.400-5;
179.400-8.
(15) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix R, November 2014, except
paragraphs 1.1, 1.2, 3.2, 3.3, 3.4, 5.5 into Sec. 179.6.
(16) [Reserved]
(17) [Reserved]
(18) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix W, November 2014, except
paragraph 1.2 into Sec. Sec. 179.11; 179.100-9; 179.100-10; 179.100-
13; 179.100-18; 179.102-1; 179.102-4; 179.102-17; 179.200-10; 179.200-
11; 179.200-22; 179.220-10; 179.220-11; 179.300-9; 179.300-10; 179.400-
5; 179.400-11; 179.400-12; 179.400-15; 179.400-18.
(19) AAR Manual of Standards and Recommended Practices, Section I,
Specially Equipped Freight Car and Intermodal Equipment, 1988, into
Sec. Sec. 174.55; 174.63.
(20) AAR Standard 286; AAR Manual of Standards and Recommended
Practices, Section C, Car Construction Fundamentals and Details,
Standard S-286, Free/Unrestricted Interchange for 286,000 lb. Gross
Rail Load Cars (Adopted 2002; Revised: 2003, 2005, 2006, 2016), into
Sec. 179.13.
* * * * *
(l) * * *
(3) Pamphlet 49, Recommended Practices for Handling Chlorine Bulk
Highway Transports, Edition 10, December 2016, into Sec. 173.315.
(4) [Reserved]
* * * * *
(n) * * *
[[Page 85658]]
(21) CGA Technical Bulletin P-26, Guidelines for Inspection and
Repair of MC-330 and MC-331 Anhydrous Ammonia Cargo Tanks (formerly TB-
2), 1997, into Sec. Sec. 180.407; 180.413.
* * * * *
0
14. In Sec. 171.8, revise the definitions of ``cargo tank'' and
``design certifying engineer'' to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids,
gases, solids, or semi-solids and includes appurtenances, closures,
components, and reinforcements (for cargo tank specifications, see 49
CFR 178.320, 178.337-1, or 178.338-1, 178.345-1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle,
or is not permanently attached to a motor vehicle but which, by reason
of its size, construction or attachment to a motor vehicle is loaded or
unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders,
intermediate bulk containers, multi-unit tank car tanks, portable
tanks, or tank cars.
* * * * *
Design Certifying Engineer means a person registered with the
Department, in accordance with subparts F or J of part 107 of this
chapter, who has the knowledge and ability to perform stress analysis
of pressure vessels and otherwise determine whether a cargo tank or
tank car design and construction meets the applicable DOT
specification. A Design Certifying Engineer meets the knowledge and
ability requirements by meeting any one of the following requirements:
(1) For cargo tanks:
(i) Has an engineering degree and at least one year of work
experience in cargo tank structural or mechanical design;
(ii) Is currently registered as a professional engineer by
appropriate authority of a state of the United States or a province of
Canada; or
(iii) Has at least three years' experience in performing the duties
of a Design Certifying Engineer prior to September 1, 1991.
(2) For tank cars:
(i) Has an engineering degree and at least one year of work
experience in tank car structural or mechanical design; or
(ii) Is currently registered as a professional engineer by an
appropriate authority of a state of the United States or a province of
Canada.
* * * * *
0
15. In Sec. 171.22, revise paragraph (f)(4) to read as follows:
Sec. 171.22 Authorization and conditions for the use of international
standards and regulations.
* * * * *
(f) * * *
(4) Each person who provides for transportation or receives for
transportation (see Sec. Sec. 174.24, 175.30, 176.24, and 177.817 of
this subchapter) a shipping paper must retain a copy of the shipping
paper or an electronic image thereof that is accessible at or through
its principal place of business in accordance with Sec. 172.201(e) of
this subchapter. The shipping paper shall be made readily accessible
for inspection to an authorized official of a federal, state, or local
government agency.
* * * * *
0
16. In Sec. 171.23, revise paragraphs (b)(5) introductory text and
(b)(5)(iii) to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(b) * * *
(5) Hazardous substances. A material meeting the definition of a
hazardous substance, as defined in Sec. 171.8, must conform to the
shipping paper requirements in Sec. 172.203(c) of this subchapter.
Non-bulk packages must be marked in accordance with the requirements in
Sec. 172.324 of this subchapter:
* * * * *
(iii) The letters ``RQ'' must be entered on the shipping paper
either before or after the basic description and marked on a non-bulk
package in association with the proper shipping name for each hazardous
substance listed.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
17. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
18. In Sec. 172.101, revise paragraph (j) introductory text to read as
follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(j) Column 9: Quantity limitations. Columns 9A and 9B specify the
maximum quantities that may be offered for transportation in one
package by passenger-carrying aircraft or passenger-carrying rail
(Column 9A) or by cargo aircraft only (Column 9B), subject to the
following:
* * * * *
0
19. In Sec. 172.102, revise paragraph (c)(1), special provision 13 and
paragraph (c)(3), special provision B45 to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
13 The words ``Inhalation Hazard'' shall be entered on each
shipping paper in association with the shipping description, shall be
marked on each non-bulk package in association with the proper shipping
name and identification number, and shall be marked on two opposing
sides of each bulk package. The size of a marking on a bulk package
must conform to Sec. 172.302(b) of this subchapter. In addition,
security plan requirements in part 172, subpart I, apply. The
requirements of Sec. Sec. 172.203(m) and 172.505 of this subchapter do
not apply.
* * * * *
(3) * * *
B45 Each tank must have a reclosing combination pressure relief
device, equipped with stainless steel or platinum rupture discs,
approved by a tank car Design Certifying Engineer.
* * * * *
0
20. In Sec. 172.303, add paragraph (b)(4) to read as follows:
Sec. 172.303 Prohibited marking.
* * * * *
(b) * * *
(4) The display of a BIOHAZARD marking, a ``HOT'' marking, or a
sour crude oil hazard marking in accordance with Sec. Sec. 172.323(c),
172.325(c), or 172.327(a), of this part, respectively.
0
21. In Sec. 172.328, revise paragraph (d) to read as follows:
Sec. 172.328 Cargo tanks.
* * * * *
(d) Emergency shutoff marking. For all cargo tank motor vehicles
subject to emergency remote shutoff device requirements in accordance
with this subchapter, each on-vehicle manually-activated remote shutoff
device for closure of the internal or external self-closing stop valve
must be identified by marking ``Emergency Shutoff'' in letters
[[Page 85659]]
at least 0.75 inches in height, in a color that contrasts with its
background, and located in an area immediately adjacent to the means of
closure.
* * * * *
0
22. In Sec. 172.336, revise the table in paragraph (c) to read as
follows:
Sec. 172.336 Identification numbers; special provisions.
* * * * *
(c) * * *
------------------------------------------------------------------------
Then the alternative
Packaging: When: marking requirement
is:
------------------------------------------------------------------------
On the ends of portable tanks, They have more The identification
cargo tanks, or tank cars. than one numbers on the sides
compartment and of the tank are
hazardous displayed in the
materials with same sequence as the
different compartments
identification containing the
numbers are materials they
being identify.
transported
therein.
On cargo tanks................ They contain only The tank is marked
gasoline. ``Gasoline'' on each
side and rear in
letters no less than
50 mm (2 inches)
high or is placarded
in accordance with
Sec. 172.542(c).
On cargo tanks................ They contain only The cargo tank is
fuel oil. marked ``Fuel Oil''
on each side and
rear in letters no
less than 50 mm (2
inches) high, or is
placarded in
accordance with Sec.
172.544(c).
On one end of nurse tanks if They meet the N/A.
that end contains valves, provisions of
fittings, regulators or Sec.
gauges when those 173.315(m) of
appurtenances prevent the this subchapter.
markings and placard from
being properly placed and
visible.
On each compartment of The cargo tank or The identification
compartmented cargo tanks or tank car number for the
compartmented tank cars. contains more liquid petroleum
than one distillate fuel
petroleum having the lowest
distillate fuel. flash point in any
one compartment is
displayed. However,
if a cargo tank or
tank car compartment
contains gasoline
and alcohol fuel
blends consisting of
more than 10%
ethanol the
identification
number ``3475'' or
``1987,'' as
appropriate, must
also be displayed
for that
compartment.
On cargo tanks (including They transport The identification
compartmented cargo tanks). more than one number for the
petroleum liquid petroleum
distillate fuel distillate fuel
in different having the lowest
trips on the flash point
previous or transported in that
current business previous or current
day. business day is
displayed. If the
cargo tank contains
gasoline and alcohol
fuel blends
consisting of more
than 10% ethanol,
the identification
number ``3475'' or
``1987,'' as
appropriate, must
also be displayed,
and the
identification
numbers ``3475'' or
``1987,'' may only
be displayed if the
material is present
in the cargo tank
during
transportation.
------------------------------------------------------------------------
* * * * *
0
23. In Sec. 172.504, revise paragraph (b) to read as follows:
Sec. 172.504 General placarding requirements.
* * * * *
(b) DANGEROUS placard. A freight container, unit load device,
transport vehicle, or rail car that contains non-bulk packages with two
or more categories of hazardous materials that require different
placards specified in table 2 of paragraph (e) of this section may be
placarded with a DANGEROUS placard instead of the separate placarding
specified for each of the materials in table 2 of paragraph (e) of this
section. However, the DANGEROUS placard may not be used under the
following conditions:
(1) When 1,000 kg (2,205 pounds) aggregate gross weight or more of
one category of material is loaded therein at one loading facility on a
freight container, unit load device, transport vehicle, or rail car,
the placard specified in table 2 of paragraph (e) of this section for
that category must be applied; or
(2) When a hazardous material is transported by vessel.
* * * * *
0
24. In Sec. 172.516, revise paragraph (d) to read as follows:
Sec. 172.516 Visibility and display of placards.
* * * * *
(d) Recommended specifications for a placard holder are set forth
in Appendix C of this part. Except for a placard holder similar to that
contained in Appendix C to this part or contained in Appendix C to this
part prior to [EFFECTIVE DATE OF THE FINAL RULE], the means used to
attach a placard may not obscure any part of its surface other than the
borders.
* * * * *
0
25. In Sec. 172.704:
0
a. Add paragraph (a)(2)(iii); and
0
b. Revise paragraph (e)(1). The revision and addition read as follows:
Sec. 172.704 Training requirements.
(a) * * *
(2) * * *
(iii) For hazardous materials employees transporting hazardous
materials by highway, function specific training must include the
training requirements of Sec. 177.816, as applicable.
* * * * *
(e) * * *
(1) A hazmat employee who manufactures, repairs, modifies,
reconditions, or tests packagings, as qualified for use in the
transportation of hazardous materials, and who does not perform any
other function subject to the requirements of this subchapter, is not
subject to the training requirements of paragraphs (a)(3) and (a)(4) of
this section.
* * * * *
0
26. In Sec. 172.820, add paragraph (d)(3) to read as follows:
Sec. 172.820 Additional planning requirements for transportation by
rail.
* * * * *
(d) * * *
(3) If the rail carrier determines that no practicable alternative
route exists, including consideration of interchange agreements, the
requirements of paragraphs (d)(1) and (d)(2) do not apply. The rail
carrier must describe, in
[[Page 85660]]
writing, the remediation or mitigation measures to be implemented, if
any, on the primary route in conformance with Sec. 172.820(d)(1)(iii)
and certify that an alternative route does not exist for a given
primary route.
* * * * *
0
27. Revise appendix C to part 172 to read as follows:
Appendix C to Part 172--Dimensional Specifications for Recommended
Placard Holder
[GRAPHIC] [TIFF OMITTED] TP28OC24.001
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
28. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
29. In Sec. 173.31, revise paragraphs (a)(2), (d) and (g)(1) to read
as follows:
Sec. 173.31 Use of tank cars.
(a) * * *
(2) Tank cars and appurtenances may be used for the transportation
of any commodity for which they are authorized in this part and
specified on the Design Approval Certificate or for tank cars
constructed prior to [DATE ONE YEAR FROM EFFECTIVE DATE], the
certificate of construction (AAR Form 4-2 or by addendum on Form R-1).
See Sec. 179.5 of this subchapter. Transfer of a tank car from one
specified service on its certificate of construction or Design Approval
Certificate to another may be made only by the owner or with the
owner's authorization. A tank car proposed for a commodity service
other than specified on its certificate of construction or Design
Approval Certificate must be approved for such service by a Design
Certifying Engineer.
* * * * *
(d) Pre-transportation closure, securement, and examination of tank
cars. Prior to transportation, each person who offers a tank car
carrying hazardous material must ensure the tank
[[Page 85661]]
car is closed, secured, and inspected in accordance with this section.
(1) Securement of closures on tank cars. The offeror must have and
follow a written procedure for closing and securing all openings on a
tank car prior to shipment. The person responsible for developing or
updating the procedure must consider available best practices and
guidance from each packaging and component supplier, such as service
equipment manufacturer, gasket manufacturer, tank car owner, or other
product-specific closure manufacturer. The procedure must be
periodically reviewed and updated to reflect changes or modifications
that impact the securement of closures, but not later than every two
years.
(2) Pre-trip Inspection. No person may offer for transportation a
tank car containing a hazardous material or a residue of a hazardous
material unless that person determines that the tank car is in proper
condition and safe for transportation. As a minimum, each person
offering a tank car for transportation must perform an external visual
inspection that includes:
(i) Except where insulation or a thermal protection system
precludes an inspection, the tank shell and heads for abrasion,
corrosion, cracks, dents, distortions, defects in welds, or any other
condition that makes the tank car unsafe for transportation;
(ii) The piping, valves, fittings, and gaskets for corrosion,
damage, or any other condition that makes the tank car unsafe for
transportation;
(iii) For missing or loose bolts, nuts, or elements that make the
tank car unsafe for transportation;
(iv) All closures on tank cars and determine that the closures and
all fastenings securing them are properly tightened in place by the use
of a bar, wrench, or other suitable tool;
(v) Protective housings for proper securement;
(vi) The pressure relief device, including a careful inspection of
the rupture disc in non-reclosing pressure relief devices, for
corrosion or damage that may alter the intended operation of the
device. The rupture disc is not required to be removed prior to visual
inspection if the tank car contains the residue, as defined in Sec.
171.8 of this subchapter, of a Class 8, PG II or PG III material with
no subsidiary hazard or the residue of a Class 9 elevated temperature
material;
(vii) Each tell-tale indicator after filling and prior to
transportation to ensure the integrity of the rupture disc;
(viii) The external thermal protection system, tank-head puncture
resistance system, coupler vertical restraint system, and bottom
discontinuity protection for conditions that make the tank car unsafe
for transportation;
(ix) The required markings on the tank car for legibility; and
(x) The periodic inspection date markings to ensure that the
inspection and test intervals are within the prescribed intervals.
(3) Design of Closures. Closures on tank cars are required, in
accordance with this subchapter, to be designed and closed so that
under conditions normally incident to transportation, including the
effects of temperature and vibration, there will be no identifiable
release of a hazardous material to the environment. In any action
brought to enforce this section, the lack of securement of any closure
to a tool-tight condition, detected at any point, will establish a
rebuttable presumption that a proper inspection was not performed by
the offeror of the car. That presumption may be rebutted by any
evidence indicating that the lack of securement resulted from a
specific cause not within the control of the offeror.
* * * * *
(g) * * *
(1) Except as provided in (g)(1)(i), each hazmat employee who is
responsible for loading or unloading a tank car must ensure the track
is secure to prevent access by other rail equipment, including
motorized service vehicles. The mechanism used to satisfy this
requirement must be under direct control of the hazmat employee
responsible for the loading or unloading operation and must be locked
so that only the employee responsible for the product transfer
operation may remove it. The means of protection under this section
must be capable of stopping or diverting rail equipment to prevent
contact with the tank car or equipment that is part of the transfer
operation. This requirement must be satisfied by lining each switch
providing access to the loading/unloading area away from the unloading
operation and securing each switch with an effective locking device;
using a derail when locked in a derailing position with an effective
locking device on the track providing direct access to the tank car
that is being loaded or unloaded; by using other means that provide an
equivalent level of security; or, a combination of the above.
(i) Equipment may be used to reposition rolling equipment on this
track after the protection has been removed under the following
conditions:
(A) The equipment is operated by an authorized employee under the
direction of the hazmat employee who is responsible for loading or
unloading the tank car;
(B) The hazmat employee who is responsible for loading or unloading
the tank car on the affected track has been notified;
(C) The rolling equipment must not couple into the tank car being
loaded/unloaded; and
(D) The protection must be restored immediately after the
repositioning has been completed.
(ii) [Reserved]
* * * * *
0
30. In Sec. 173.150, revise paragraph (f)(3)(viii) to read as follows:
Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).
* * * * *
(f) * * *
(3) * * *
(viii) The requirements of Sec. Sec. 173.1, 173.21, 173.24,
173.24a, 173.24b, 174.1, 177.804, 177.817, 177.834(j), 177.837(c) and
177.837(d) of this subchapter;
* * * * *
0
31. In Sec. 173.159, revise paragraphs (e)(2), (e)(4), and (e)(5), and
add paragraph (e)(6) to read as follows:
Sec. 173.159 Batteries, wet.
* * * * *
(e) * * *
(2) The batteries must be loaded or braced so as to prevent damage
and short circuits while in transit, in a manner that secures the
batteries against shifting, including relative motion between packages,
under conditions normally incident to transportation;
* * * * *
(4) Except for the purpose of consolidating shipments of batteries
for recycling, the transport vehicle may not carry material shipped by
any person other than the shipper of the batteries;
(5) The offeror must inform persons loading the batteries and the
operator of the vehicle transporting batteries of the requirements of
this paragraph; and
(6) Shipments made under this paragraph are subject to the incident
reporting requirements in Sec. 171.15.
* * * * *
0
32. In Sec. 173.241, revise paragraph (a) introductory text to read as
follows:
Sec. 173.241 Bulk packagings for certain low hazard liquid and solid
materials.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks; and Class 106 or 110 multi-unit tank car
tanks. AAR Class 203W, 206W, and 211W tank car tanks are also
authorized. AAR Class 203W, 206W, and 211W tank car tanks built after
[[Page 85662]]
[DATE ONE YEAR FROM EFFECTIVE DATE] must be as prescribed in AAR
Specifications for Tank Cars Chapter 3 (IBR, see Sec. 171.7 of this
subchapter). Additional operational requirements apply to high-hazard
flammable trains (see Sec. 171.8 of this subchapter) as prescribed in
Sec. 174.310 of this subchapter. Except as otherwise provided in this
section, DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
to transport Class 3 (flammable) liquids in Packing Group III, unless
retrofitted to the DOT Specification 117R retrofit standards or the DOT
Specification 117P performance standards provided in part 179, subpart
D of this subchapter.
* * * * *
0
33. In Sec. 173.242, revise paragraph (a) introductory text to read as
follows:
Sec. 173.242 Bulk packagings for certain medium hazard liquids and
solids, including solids with dual hazards.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks and Class 106 or 110 multi-unit tank car
tanks. AAR Class 206W tank car tanks are also authorized. AAR Class
206W tank car tanks built after [DATE ONE YEAR FROM EFFECTIVE DATE]
must be as prescribed in AAR Specifications for Tank Cars Chapter 3
(IBR, see Sec. 171.7 of this subchapter). Additional operational
requirements apply to high-hazard flammable trains (see Sec. 171.8 of
this subchapter) as prescribed in Sec. 174.310 of this subchapter.
Except as otherwise provided in this section, DOT Specification 111
tank cars and DOT Specification 111 tank cars built to the CPC-1232
industry standard are no longer authorized to transport unrefined
petroleum products, ethanol, and other Class 3 (flammable) liquids in
Packing Group II or III, unless retrofitted to the DOT Specification
117R retrofit standards, or the DOT Specification 117P performance
standards provided in part 179, subpart D of this subchapter.
* * * * *
0
34. In Sec. 173.247, revise paragraph (a) introductory text to read as
follows:
Sec. 173.247 Bulk packaging for certain elevated temperature
materials.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115, or
120 tank car tanks; Class DOT 106, 110 multi-unit tank car tanks; AAR
Class 203W, 206W, 211W tank car tanks; and non-DOT specification tank
car tanks equivalent in structural design and accident damage
resistance to specification packagings. AAR Class 203W, 206W, and 211W
tank car tanks constructed after [DATE ONE YEAR FROM EFFECTIVE DATE]
must be as prescribed in AAR Specifications for Tank Cars Chapter 3
(IBR, see Sec. 171.7 of this subchapter).
* * * * *
Sec. 173.314 [Amended]
0
35. In Sec. 173.314, remove and reserve paragraph (b)(4).
0
36. In Sec. 173.315:
0
a. Revise the first sentence of paragraph (h) introductory text,
paragraphs (i)(13), (j)(1) introductory text, (m)(1)(vi), (m)(1)(vii);
0
b. Add paragraph (m)(1)(viii); and
0
c. Revise the table in paragraph (n)(1).
The revisions and addition read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
* * * * *
(h) Each cargo tank and portable tank, except a tank filled by
weight (see paragraph (e) of this section), must be equipped with one
or more of the gauging devices described in the following table which
indicate accurately the maximum permitted liquid level (for purposes of
the following table, a column entry with ``do'' indicates ``same as
above''). * * *
* * * * *
(i) * * *
(13) A pressure relief device on a chlorine cargo tank must conform
to one of the drawings in The Chlorine Institute, Inc. Pamphlet 49,
``Recommended Practices for Handling Chlorine Bulk Highway Transports''
(IBR, see Sec. 171.7 of this subchapter).
(j) * * *
(1) Storage containers for liquefied petroleum gas charged to five
percent of their capacity or less and intended for permanent
installation on consumer premises may be shipped by private motor
carrier under the following conditions:
* * * * *
(m) * * *
(1) * * *
(vi) Is securely mounted on a farm wagon or meets paragraph (m)(3)
of this section;
(vii) Is in conformance with the requirements of part 172 of this
subchapter except that shipping papers are not required; and it need
not be marked or placarded on one end if that end contains valves,
fittings, regulators, or gauges when those appurtenances prevent the
markings and placard from being properly placed and visible; and
(viii) For tanks manufactured after [DATE 90 DAYS FROM EFFECTIVE
DATE], the cargo tank must be subjected to full post weld heat
treatment.
* * * * *
(n) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Obstructed view
Required emergency deliveries under
Sec. Hazardous material Delivery service discharge control Sec. 177.840(p) of
173.315(n)(1)(*) capability this subchapter
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(iii)................. Anhydrous ammonia Other than metered Paragraph (n)(2) of ....................
either Division 2.2 delivery service. this section.
or 2.3.
Anhydrous Ammonia, Metered delivery Paragraph (n)(3) of ....................
either Division 2.2 service, 13,247 L this section.
or 2.3. (3,500 water
gallons) or less.
Anhydrous Ammonia, Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
either Division 2.2 service, over 13,247 this section; and (n)(4) of this
or 2.3. L (3,500 water section.
gallons).
Anhydrous Ammonia, Both metered delivery Paragraph (n)(2) of ....................
either Division 2.2 service and other this section,
or 2.3. than metered provided the system
delivery service, operates for both
over 13,247 L (3,500 metered and other
water gallons). than metered
delivery service;
or (n)(2) and
(n)(3).
[[Page 85663]]
(iv).................. Division 2.2 with a Other than metered Paragraph (n)(2) of ....................
subsidiary hazard. delivery service. this section.
Division 2.2 with a Metered delivery Paragraph (n)(3) of ....................
subsidiary hazard. service, 13,247 L this section.
(3,500 water
gallons) or less.
Division 2.2 with a Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
subsidiary hazard. service, over 13,247 this section; and (n)(4) of this
L (3,500 water section.
gallons).
(v)................... Division 2.1......... Other than metered Paragraph (n)(2) of ....................
delivery service. this section.
Division 2.1......... Metered delivery Paragraph (n)(3) of ....................
service, 13,247 L this section.
(3,500 water
gallons) or less.
Division 2.1......... Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
service, over 13,247 this section; (n)(4) of this
L (3,500 water section.
gallons).
----------------------------------------------------------------------------------------------------------------
* * * * *
0
37. In Sec. 173.320, revise paragraphs (a) introductory text and (b)
introductory text to read as follows:
Sec. 173.320 Cryogenic liquids; exceptions.
(a) Cryogenic liquids authorized to use this section by Column 8(A)
of the Sec. 172.101 Hazardous Materials Table of this subchapter,
which are transported in Dewar flasks, insulated cylinders, insulated
portable tanks, insulated cargo tank motor vehicles, and insulated tank
cars that have been designed and constructed so that the pressure in
such packagings will not exceed 25.3 psig under ambient temperature
conditions during transportation, are not subject to the requirements
of this subchapter when transported by motor vehicle or railcar except
for:
* * * * *
(b) The requirements of this subchapter do not apply to cryogenic
liquids authorized to use this section by Column 8(A) of the Sec.
172.101 Hazardous Materials Table of this subchapter:
* * * * *
PART 174--CARRIAGE BY RAIL
0
38. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and
1.97.
0
39. In Sec. 174.9, revise paragraph (a) and add paragraph (e) to read
as follows:
Sec. 174.9 Safety and security inspection and acceptance.
(a) At each location where a hazardous material is accepted for
transportation or placed in a train, the carrier must inspect each rail
car containing the hazardous material, at ground level, for required
markings, labels, placards, securement of closures, and leakage. These
inspections may be performed in conjunction with inspections required
under 49 CFR parts 215 and 232.
* * * * *
(e) In an action brought to enforce this section, a train found
departing a location where the hazardous material is accepted for
transportation or placed in a train with improper hazard communication,
unapplied closures, or leaking hazardous material, which is readily
apparent from the ground level, will establish a rebuttable presumption
that a proper inspection was not performed by the carrier. The
presumption may be rebutted by any evidence indicating that the
improper hazard communication, unapplied closures, or leaking hazardous
material resulted from a specific cause not identifiable by the carrier
during the inspection.
0
40. In Sec. 174.14, revise paragraph (a) to read as follows:
Sec. 174.14 Movements to be expedited.
(a) A carrier must forward each shipment of hazardous materials
promptly and within 48 hours (Saturdays, Sundays, and holidays
excluded), after acceptance at the originating point or receipt at any
yard or interchange point. Exceptions from the requirement to forward a
shipment within 48 hours are as follows and the carrier must keep a
record of the delay of a shipment in accordance with one of these
exceptions:
(1) When only biweekly or weekly service is performed, a shipment
of hazardous materials must be forwarded on the first available train;
(2) Where circumstances preclude delivery to the consignee
destination listed on the shipping paper (e.g., excessive railcar
congestion on private track), railcars may be temporarily held until
alternative disposition is obtained, or the circumstances precluding
delivery are resolved; or
(3) Where the shipment contains only the residue of a hazardous
material.
* * * * *
Sec. Sec. 174.16 and 174.20 [Remove and Reserve]
0
41. Remove and reserve Sec. Sec. 174.16 and 174.20.
0
42. In Sec. 174.24, revise paragraph (b) to read as follows:
Sec. 174.24 Shipping papers.
* * * * *
(b) Each person receiving a shipping paper required by this section
must retain a copy or an electronic image thereof, that is accessible
at or through its principal place of business and must make the
shipping paper available, upon request, to an authorized official of a
Federal, State, or local government agency at reasonable times and
locations. In non-emergency circumstances, the shipping paper must be
made available no later than close of business the following business
day from the time of the request. For a hazardous waste, each shipping
paper copy must be retained for three years after the material is
accepted by the initial carrier. For all other hazardous materials,
each shipping paper copy must be retained for one year after the
material is accepted by the initial carrier. Each shipping paper copy
must include the date of acceptance by the initial carrier. The date on
the shipping paper may be the date a shipper notifies the rail carrier
that a shipment is ready for transportation, as indicated on the
waybill or bill of lading, as an alternative to the date the shipment
is picked up, or accepted, by the carrier.
0
43. Revise Sec. 174.50 to read as follows:
[[Page 85664]]
Sec. 174.50 Nonconforming or leaking packages.
(a) Applicability. (1) Except as otherwise provided in paragraph
(b) of this section, a rail car in hazardous material service that is
not able to retain its contents in accordance with Sec. 173.24 of this
subchapter or a DOT specification tank car that does not conform to
this subchapter may not be moved in transportation unless approved for
movement by the Associate Administrator for Safety, Federal Railroad
Administration.
(2) A leaking non-bulk package may not be forwarded until repaired,
reconditioned, or overpacked in accordance with Sec. 173.3 of this
subchapter.
(b) Exceptions. (1) A leaking bulk package containing hazardous
material may be moved without repair or approval only so far as
necessary to reduce or eliminate an immediate threat of harm to human
health or the environment when it is determined its movement would
provide greater safety than allowing the bulk package to remain in
place. In the case of a liquid leak, the company in possession of the
bulk package must take measures to prevent the spread of the liquid.
(2) A non-conforming rail car that does not contain any hazardous
material may be moved without repair or approval, provided the non-
conforming condition does not affect the structural integrity of the
rail car.
(3) A rail car containing a hazardous material that is found during
the course of transportation to be overloaded by weight by 3,000 pounds
or less of the maximum gross weight on rail (MGWR) when weighed on a
weigh-in-motion scale, or a rail car containing a hazardous material
that is found to be overloaded by weight by 1,000 pounds or less of the
rail car's MGWR when weighed on a static scale. These tolerances apply
to a rail car that the railroad operator discovers to be loaded above
the rail car's MGWR during the course of transportation. This does not
authorize the original offeror to knowingly offer a rail car for
transportation when the pre-transportation calculations or scale weight
exceed the MGWR of the rail car.
(4) For cross-border movements to or from Canada, a rail car in
hazardous material service that is not able to retain its contents in
accordance with Sec. 173.24 of this subchapter or a DOT specification
tank car moved in accordance with the TDG Regulations (see Sec.
171.12), or a Temporary Certificate issued by the Competent Authority
of Canada, as applicable.
(c) Approval Process. To apply for a One-Time Movement Approval,
follow the guidance in FRA's guide for requesting a One-Time Movement
Approval (HMG-127) and the requirements set forth in this section, as
applicable.
(d) General One-Time Movement Approval Requirements. These general
requirements apply to the grantee of an approval for a non-conforming
rail car for transportation under the terms of a One-Time Movement
Approval issued by FRA in accordance with this section.
(1) Marking. Prior to moving a non-conforming rail car, regardless
of the lading, the rail car must have the following or similar wording
applied to both sides of the rail car in a stencil, decal, or tag that
is readily visible. This requirement does not apply to tank cars moved
under a One-Time Movement Approval issued for rail cars that are
overloaded by weight. The stencil, decal, or tag required by this
paragraph must not be removed until appropriate repairs are made to the
rail car. Rail cars with defective service equipment must also tag the
specific equipment (e.g., valve or fitting) with the following wording
or alternative wording that conveys a similar message.
------------------------------------------------------------------------
-------------------------------------------------------------------------
HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
------------------------------------------------------------------------
(2) Notification. Each approval grantee must:
(i) Notify the owner of the rail car that it is being moved under
the terms of a One-Time Movement Approval;
(ii) Ensure the consignee or final destination facility has been
notified and will accept the non-conforming rail car and be willing and
capable of unloading the lading, if necessary, to perform the required
maintenance. For tank cars, a tank car facility, either fixed or
mobile, must perform the required maintenance at the destination
indicated in the application;
(iii) Ensure that the cleaning facility is capable of cleaning the
rail car if the non-conforming rail car contains a hazardous material
and requires movement to a cleaning facility prior to movement for
repair;
(iv) Ensure that each rail carrier that will handle the defective
rail car in transportation has been notified and will accept the non-
conforming rail car for transportation; and
(v) Ensure that shipping documentation transmitted to the initial
rail carrier involved in the movement of the non-conforming shipment
identifies that the rail car is moving under a One-Time Movement
Approval.
(3) Recordkeeping. The approval grantee is required to maintain a
copy or an electronic image of the One-Time Movement Approval and must
make the information available upon request to FRA personnel. The One-
Time Movement Approval must be retained for one year from the date of
issuance of the approval.
(4) Routing. The approval grantee and the rail carrier(s) involved
in the movement of the non-conforming rail car must consider the nature
of the non-conformance and select the most appropriate route to the
nearest cleaning facility and rail car repair facility capable of
performing the required cleaning and/or repairs.
(5) Root Cause Analysis. A recommended format for a root cause
analysis report is provided as an Appendix in the FRA guidance on
applying for a One-Time Movement Approval.
(i) If FRA requires a root cause analysis for a non-conforming rail
car, the grantee is responsible for notifying the rail car owner of the
requirement and coordinating with the rail car owner to determine
disposition of the rail car.
(ii) If FRA requires a root cause analysis for an overloaded rail
car, the grantee is responsible for notifying the facility that loaded
and offered the rail car of the requirement to provide FRA with a root
cause analysis.
(e) Compliance Responsibility. (1) The person who offers the rail
car into transportation and the grantee of the One-Time Movement
Approval are responsible for ensuring compliance with all applicable
requirements specified in this section and the One-Time Movement
Approval.
(2) FRA may issue written notification to any entity found to be
non-compliant with the requirements of this section or the conditions
of the One-Time Movement Approval. This written notification may
require the entity to submit all future One-Time Movement Approval
requests as a Category 1 One-Time Movement Approval regardless of the
identified non-conforming condition with the rail car. This limitation
will apply to the particular entity until otherwise notified in writing
by the FRA.
0
44. Add Sec. 174.58 to read as follows:
Sec. 174.58 Residue shipment.
As referenced in the Sec. 171.8 definition of residue, the phrase
``extent practicable'' means an unloading facility has unloaded a bulk
package using
[[Page 85665]]
properly functioning service equipment and plant process equipment.
0
45. Revise Sec. 174.59 to read as follows:
Sec. 174.59 Marking and placarding of rail cars.
No person may transport a rail car carrying hazardous materials
unless it is marked and placarded as required by this subchapter.
Required placards lost in transit must be replaced at the nearest
inspection point in the direction of travel where mechanical personnel
responsible for inspections related to 49 CFR parts 215 and 232 are on
duty, and non-compliant placards must be removed at the next terminal
in the direction of travel where the train is classified. For Canadian
shipments, required placards lost in transit must be replaced either by
those required by part 172 of this subchapter or by those authorized
under Sec. 171.12.
0
46. In Sec. 174.63, revise the section heading, and paragraphs (b),
(c)(1), and (c)(2) to read as follows:
Sec. 174.63 Requirements for rail transport of Portable tanks, IM
portable tanks, IBCs, Large Packagings, cargo tanks, and multi-unit
tank car tanks in TOFC/COFC Service.
* * * * *
(b) A bulk packaging containing a hazardous material (including IM
101 and IM 102 portable tanks when appropriate according to dimensions
and weight distribution) may be transported inside a fully closed
transport vehicle or fully closed freight container provided it is
properly secured with a restraint system that will prevent it from
changing position, sliding into other packages, or contacting the side
or end walls (including doors) under conditions normally incident to
transportation.
(c) * * *
(1)(i) The bulk packaging contains a material packaged in
accordance with Sec. Sec. 173.240, 173.241, 173.242, 173.243, or
173.247; or
(ii) The bulk packaging contains a Division 2.2 material not
specifically provided for in the Sec. 173.315(a)(2) table and packaged
in accordance with Sec. 173.315;
(2) The bulk packaging must comply with the applicable requirements
of the HMR concerning its specification, if applicable for the material
it contains, and the rail car must comply with the applicable
regulatory requirements for the type of rail car being used.
* * * * *
0
47. Revise Sec. 174.67 to read as follows:
Sec. 174.67 Tank car transloading.
(a) General requirements. (1) Transloading operations must be
performed by hazmat employees who are properly trained in the loading
and unloading of hazardous materials and are made responsible for
compliance with this section and Sec. Sec. 173.31(d) and (g) of this
subchapter.
(2) When placed for transloading and before unsecuring any closure,
a tank car must be protected against motion or coupling in accordance
with Sec. 173.31(g).
(3) [Reserved]
(4) [Reserved]
(5) The transloading facility operator must maintain and adhere to
written safety procedures--such as those it may already be required to
maintain pursuant to the Department of Labor's Occupational Safety and
Health Administration requirements in 29 CFR 1910.119 and 1910.120--in
a location where they are immediately available to hazmat employees
responsible for the transloading operation. The procedures must include
measures to address the safe handling and operation of the tank car and
tank car service equipment, as well as account for physical and
chemical properties of the lading being transloaded. At a minimum, the
transloading procedures required by this paragraph must include
provisions that address the following:
(i) Temperature monitoring and pressure relief;
(ii) Safe operation of the tank car for product loading or
unloading;
(iii) Proper disposal of used seals and other debris;
(iv) Measures to avoid spillage of contents outside the tank;
(v) Operation of tank car service equipment;
(vi) Proper removal of product plugs that prevent adequate
operation of the valves and equipment; and
(vii) Proper tool maintenance measures including the types of tools
to use, calibration, cleanliness, and instructions on use.
(6) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) Connections for transloading equipment must be securely
attached before any valves are opened.
(i) Throughout the entire period of transloading and while a tank
car has transloading equipment attached, the facility operator must
assure that the tank car is:
(1) Attended by a designated hazmat employee who is physically
present and who has an unobstructed view of the transloading operation;
or
(2) Monitored by a signaling system (e.g., video system, sensing
equipment, or mechanical equipment) that is observed by a designated
hazmat employee located either in the immediate area of the tank car or
at a remote location within the facility, such as a control room. The
signaling system must--
(i) Provide a level of surveillance equivalent to that provided in
paragraph (i)(1) of this section; and
(ii) Provide immediate notification to a designated hazmat employee
of any system malfunction or other emergency so that, if warranted,
responsive actions may be initiated immediately.
(j) Attendance is not required when piping is attached to a top
outlet of a tank car, equipped with a protective housing required under
Sec. 179.100-12 of this subchapter, for transfer of lading under the
following conditions:
(1) All valves are tightly closed.
(2) The piping is not connected to hose or other product transfer
equipment and is fitted with a cap or plug of appropriate material and
construction.
(3) The piping extends no more than 15.24 centimeters (6 inches)
from the outer edge of the protective housing.
(k) In the absence of the transloader, a tank car may stand with
transloading connections attached when no product is being transferred
under the following conditions:
(1) The facility operator must designate a hazmat employee
responsible for on-site monitoring of the transfer facility. The
designated hazmat employee must be made familiar with the nature and
properties of the product contained in the tank car; procedures to be
followed in the event of an emergency; and, in the event of an
emergency, have the ability and authority to take responsible actions.
(2) When a signaling system is used in accordance with paragraph
(i) of this section, the system must be capable of alerting the
designated hazmat employee in the event of an emergency and providing
immediate notification of any monitoring system malfunction. If the
monitoring system does not have self-monitoring capability, the
designated hazmat employee must check the monitoring system hourly for
proper operation.
(3) The tank car and facility shutoff valves must be secured in the
closed position.
(4) Brakes must be set, and wheels locked, in accordance with Sec.
173.31(g) of this subchapter.
(5) Access to the track must be secured in accordance with Sec.
173.31(g) of this subchapter.
(l) Once the transloading operation is complete, all tank car
valves and
[[Page 85666]]
closures must be secured in accordance with Sec. 173.31(d) of this
subchapter. The tank car then must be inspected by a designated hazmat
employee in accordance with Sec. 173.31(d) of this subchapter before
it is released to the rail carrier for continued movement.
(m) Railroad defect cards may not be removed.
(n) [Reserved]
(o) [Reserved]
0
48. In Sec. 174.81, revise paragraph (g)(3)(iv) to read as follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(g) * * *
(3) * * *
(iv) ``4'' means detonators, detonating assemblies, and boosters
with detonators may not be loaded in the same car with Division 1.1 and
1.2 (explosive) materials (except other detonators, detonating
assemblies, and boosters with detonators).
* * * * *
PART 176--CARRIAGE BY VESSEL
0
49. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
50. In Sec. 176.2, revise the definition for ``Commandant'' to read as
follows:
Sec. 176.2 Definitions.
* * * * *
Commandant (CG-ENG), USCG means the Chief, Office of Design and
Engineering Standards, United States Coast Guard, Washington, DC 20593-
7509.
* * * * *
0
51. In Sec. 176.84, revise paragraph (a) to read as follows:
Sec. 176.84 Other requirements for stowage, cargo handling, and
segregation for cargo vessels and passenger vessels.
(a) General. When Column 10B of the Sec. 172.101 Table refers to a
numbered or alpha-numeric stowage provision for water shipments, the
meaning and requirements of that provision are set forth in this
section. Terms in quotation marks are defined in Sec. 176.83. Other
terms used in the table in this section--such as ``acids,''
``chlorates,'' and ``permanganates''--indicate different chemical
groups referred to here as segregation groups. Materials falling within
a segregation group are considered to have certain similar chemical
properties and, although not exhaustive in nature, the materials
belonging to each group include those substances identified in section
3.1.4 of the IMDG Code (IBR, see Sec. 171.7 of this subchapter), as
set forth in Sec. 176.83(m). Hazardous materials offered for
transportation as limited quantities are not subject to the stowage
codes assigned by Column 10B of the Sec. 172.101 Table (see Sec.
172.101(k)).
* * * * *
0
52. In Sec. 176.340, revise paragraph (c) to read as follows:
Sec. 176.340 Combustible liquids in portable tanks.
* * * * *
(c) Portable tanks approved by the Commandant (CG-ENG), USCG.
0
53. In Sec. 176.905, add paragraph (i)(7) to read as follows:
Sec. 176.905 Stowage of vehicles.
* * * * *
(i) * * *
(7) The vehicle is stored incident to movement on shore within a
single port area, including contiguous harbors.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
54. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat.
405, 805 (2012); 49 CFR 1.81 and 1.97.
0
55. Revise Sec. 177.801 to read as follows:
Sec. 177.801 Unacceptable hazardous materials shipments.
(a) No person may accept for transportation or transport by motor
vehicle a forbidden material (see Sec. 173.21).
(b) No person may accept for transportation or transport a
hazardous material that is not classified, packaged, marked, labeled,
or placarded, as applicable, in accordance with the requirements of
this subchapter or by special permit.
0
56. In Sec. 177.804, revise paragraph (a) to read as follows:
Sec. 177.804 Compliance with Federal Motor Carrier Safety
Regulations.
(a) General. Motor carriers and other persons subject to this part
must comply with 49 CFR part 383 and 49 CFR parts 390 through 397
(excluding Sec. Sec. 397.3 and 397.9) when operating vehicles subject
to those regulations.
* * * * *
0
57. In Sec. 177.816, revise paragraphs (c) and (d) to read as follows:
Sec. 177.816 Driver Training.
* * * * *
(c) The training required by paragraphs (a) and (b) of this section
may be satisfied by compliance with the current requirements for a
Commercial Driver's License (CDL) with a tank vehicle or hazardous
materials endorsement if it appropriately covers the requirements in
paragraph (a) and (b) of this section.
(d) Training required by paragraphs (a) and (b) of this section
must conform to the requirements of Sec. 172.704(c) and (d) of this
subchapter with respect to frequency and recordkeeping.
0
58. In Sec. 177.835, revise paragraph (d) to read as follows:
Sec. 177.835 Class 1 (explosive) materials.
* * * * *
(d) Multipurpose bulk trucks. When Sec. 172.101 of this subchapter
specifies that Class 1 (explosive) materials may be transported in
accordance with Sec. 173.66 of this subchapter (per special provision
148 in Sec. 172.102(c)(1)), these materials may be transported on the
same vehicle with Division 5.1 (oxidizing) materials, or Class 8
(corrosive) materials, and/or Combustible Liquid, n.o.s., NA1993, only
under the conditions and requirements set forth in IME Standard 23
(IBR, see Sec. 171.7 of this subchapter) and paragraph (g) of this
section. A multipurpose bulk truck may not be transported with any
cargo tank that is required to be marked or placarded under Sec.
177.823. In addition, the segregation requirements in Sec. 177.848 do
not apply.
* * * * *
0
59. In Sec. 177.837, revise paragraph (c) introductory text to read as
follows:
Sec. 177.837 Class 3 (flammable liquid) materials.
* * * * *
(c) Bonding and grounding cargo tanks before and during transfer of
lading. A cargo tank motor vehicle that is preparing to transfer or is
transferring any flammable liquid, combustible liquid, or a flammable
liquid reclassified as a combustible liquid must be bonded and grounded
as follows:
* * * * *
0
60. In Sec. 177.840, revise paragraphs (n), (r)(2), and (t) to read as
follows:
Sec. 177.840 Class 2 (gases) materials.
* * * * *
(n) Emergency shut down. If there is an unintentional release of
product to the environment during unloading of a liquefied compressed
gas, the qualified person unloading the cargo tank motor vehicle must
promptly shut the internal or external self-closing stop valve or other
primary means of closure, and
[[Page 85667]]
shut down all motive and auxiliary power equipment.
* * * * *
(r) * * *
(2) The qualified person monitoring unloading must remain within
arm's reach of the mechanical means of closure for the internal or
external self-closing stop valve when the self-closing stop valve is
open except for short periods when it is necessary to activate controls
or monitor the receiving container. For chlorine cargo tank motor
vehicles, the qualified person must remain within arm's reach of a
means to stop the flow of product except for short periods when it is
necessary to activate controls or monitor the receiving container.
* * * * *
(t) Unloading without appropriate emergency discharge control
equipment. Until a cargo tank motor vehicle is equipped with emergency
discharge control equipment in conformance with Sec. Sec.
173.315(n)(2) and 180.405(m)(1) of this subchapter, the qualified
person attending the unloading operation must remain within arm's reach
of a means to close the internal or external self-closing stop valve
when the self-closing stop valve is open except during short periods
when the qualified person must activate controls or monitor the
receiving container. For chlorine cargo tank motor vehicles, the
qualified person must remain within arm's reach of a means to stop the
flow of product except for short periods when it is necessary to
activate controls or monitor the receiving container.
* * * * *
0
61. In Sec. 177.841, revise paragraphs (e)(1) introductory text and
(e)(2) to read as follows:
Sec. 177.841 Division 6.1 (poisonous) materials and Division 2.3
(poisonous gas) materials.
* * * * *
(e) * * *
(1) Except as provided in paragraph (e)(3) of this section, bearing
or required to bear a POISON, POISON GAS, or POISON INHALATION HAZARD
label or placard in the same motor vehicle with material that is marked
as or known to be foodstuffs, feed, or edible material intended for
consumption by humans or animals unless the poisonous material is
packaged in accordance with this subchapter and is:
* * * * *
(2) Bearing or required to bear a POISON, POISON GAS, or POISON
INHALATION HAZARD label in the driver's compartment (including a
sleeper berth) of a motor vehicle, including enclosed van trucks with
no permanent barrier separating the driver from the cargo compartment;
or
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
62. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
63. In Sec. 178.320, paragraph (a);
0
a. Revise definitions of ``cargo tank'', ``cargo tank motor vehicle'',
and ``minimum thickness''; and
0
b. In alphabetical order, add definitions for ``cargo tank motor
vehicle certification date'', ``component'', ``flexible connector'',
``lading retention system'', ``lining'', ``name plate'', ``original
test date'', ``sacrificial device'', ``shear section'', and
``specification plate''.
The revisions and additions read as follows:
Sec. 178.320 General requirements applicable to all DOT Specification
cargo tank motor vehicles.
(a) * * *
* * * * *
Cargo tank: See Sec. 171.8 of this subchapter for the definition.
Cargo tank motor vehicle: See Sec. 171.8 of this subchapter for
the definition.
* * * * *
Cargo tank motor vehicle certification date means the date stamped
on the cargo tank motor vehicle specification plate, and represents the
date the cargo tank motor vehicle manufacturer certifies that the cargo
tank motor vehicle conforms in all respects with the specification
requirements (including, but not limited to: rear-end protection
devices, overturn protection devices, all other accident damage
protection, and attachment to the vehicle), and the ASME Code, if
applicable.
* * * * *
Component means any attachment to the cargo tank or cargo tank
motor vehicle, including valves, piping, fittings, and hoses, that
contain lading during loading, unloading, or transportation, or are
required to be pressure- or leak-tested in accordance with the
requirements of part 180 of this subchapter.
* * * * *
Flexible connector means a short component of a piping system, not
exceeding 36 inches (.91 m) overall length, fabricated of flexible
material, and equipped with suitable connections on both ends.
Liquefied petroleum gas resistant rubber and fabric or metal, or a
combination thereof, or all metal may be used.
* * * * *
Lading retention system means the cargo tank wall and any
associated components or equipment that, if damaged, could result in
the release of the contents of the package.
Lining means an internal layer of different material covering the
inside surface of the cargo tank.
* * * * *
Minimum thickness means the minimum required shell and head (and
baffle and bulkhead when used as tank reinforcement) thickness needed
to meet the specification. The minimum thickness is the greatest of the
following values: (1)(i) For MC 330, MC 331, and MC 338 cargo tanks,
the specified minimum thickness found in the applicable
specification(s); or
(ii) For DOT 406, DOT 407 and DOT 412 cargo tanks, the specified
minimum thickness found in Tables I and II of the applicable
specification(s); or
(iii) For MC 300, MC 301, MC 302, MC 303, MC 304, MC 305, MC 306,
MC 307, MC 310, MC 311, and MC 312 cargo tanks, the in-service minimum
thickness prescribed in Tables I and II of Sec. 180.407(i)(5) of this
subchapter, for the minimum thickness specified by Tables I and II of
the applicable specification(s); or
(2) The thickness necessary to meet with the structural integrity
and accident damage requirements of the applicable specification(s); or
(3) The thickness as computed per the ASME Code requirements (if
applicable).
* * * * *
Name plate means a data plate permanently attached to the cargo
tank by the cargo tank manufacturer for the purpose of displaying the
minimum information required by the ASME Code prescribed in Sec. Sec.
178.337-17(b), 178.338-18(b), or 178.345-14(b) of this part, as
appropriate.
* * * * *
Original test date means the date when the cargo tank manufacturer
performed the pressure test, as required in part 178 of this
subchapter, to verify the structural integrity of the cargo tank in
accordance with the requirements for new construction prescribed in
this part.
* * * * *
Sacrificial device means an element, such as a shear section,
designed to fail under a load in order to prevent damage to any lading
retention part or device. The device must break under strain at no more
than 70 percent of the strength of the weakest piping element between
[[Page 85668]]
the cargo tank and the sacrificial device. Operation of the sacrificial
device must leave the remaining piping and its attachment to the cargo
tank intact and capable of retaining lading.
* * * * *
Shear section means a sacrificial device fabricated in such a
manner as to abruptly reduce the wall thickness of the adjacent piping
or valve material by at least 30 percent.
* * * * *
Specification plate means a data plate containing the applicable
markings prescribed in Sec. Sec. 178.337-17(c), 178.338-18(c), or
178.345-14(c) of this part, as appropriate, and permanently attached to
the cargo tank or the cargo tank motor vehicle chassis by the
manufacturer. The markings on this plate are certification by the
manufacturer that the cargo tank or the cargo tank motor vehicle
conforms in all respects with the specification requirements of this
subchapter.
* * * * *
0
64. In Sec. 178.337-1:
0
a. Revise paragraph (d); and
0
b. Remove the definition of ``internal self-closing stop valve'' in
paragraph (g).
The revision reads as follows:
Sec. 178.337-1 General Requirements.
* * * * *
(d) Reflective design. Every uninsulated cargo tank permanently
attached to a cargo tank motor vehicle shall, unless covered with a
jacket made of aluminum, stainless steel, or other bright non-
tarnishing metal, be white, aluminum, or a similar reflecting color on
the upper two-thirds of area of the cargo tank.
* * * * *
0
65. In Sec. 178.337-2, revise paragraph (b)(2)(i) to read as follows:
Sec. 178.337-2 Material.
* * * * *
(b) * * *
(2) * * *
(i) Material shall conform to ASTM A 612 or ASTM A 516/A 516M (IBR,
see Sec. 171.7 of this subchapter), Grade 65 or 70;
* * * * *
0
66. In Sec. 178.337-3, revise paragraphs (g)(3) introductory text and
(g)(3)(iii) to read as follows:
Sec. 178.337-3 Structural integrity.
* * * * *
(g) * * *
(3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.25 inch may be used when the shell or head thickness is over 0.25
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must--
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
67. In Sec. 178.337-8, add paragraph (a)(4)(vii) to read as follows:
Sec. 178.337-8 Openings, inlets, and outlets.
(a) * * *
(4) * * *
(vii) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
* * * * *
0
68. In Sec. 178.337-9:
0
a. Revise paragraphs (a)(3), (b) introductory text, (b)(1), and (b)(6);
0
b. Remove and reserve paragraph (b)(7); and
0
c. Add paragraph (e).
The revisions and addition read as follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses, and
fittings.
(a) * * *
(3) Each pressure relief device must be designed, constructed, and
marked for a rated pressure not less than the cargo tank design
pressure at the temperature expected to be encountered.
(b) Components and other pressure parts. The cargo tank motor
vehicle manufacturer must ensure that all components meet the following
requirements:
(1) The burst pressure of all piping, pipe fittings, hose, and
other pressure parts, except for pump seals and pressure relief
devices, must be at least four times the MAWP of the cargo tank.
Additionally, the burst pressure may not be less than four times any
higher pressure to which each pipe, pipe fitting, hose, or other
pressure part may be subjected to in service. For chlorine service, see
paragraph (b)(8) of this section.
* * * * *
(6) Cargo tank motor vehicle manufacturers must demonstrate that
all piping, valves, and fittings on a cargo tank are free from leaks.
To meet this requirement, the piping, valves, and fittings must be
tested after installation at not less than 80 percent of the MAWP
marked on the name plate after the piping is installed on the cargo
tank motor vehicle.
(7) [Reserved].
* * * * *
(e) Hose assembler requirements. A hose assembler must:
(1) Permanently mark each hose assembly with a unique
identification number.
(2) Demonstrate that each hose assembly is free from leaks by
performing the tests and inspections and issuing a written report as
required by Sec. 180.416(f) of this subchapter.
(3) Mark each hose assembly with the month and year of its original
pressure test.
0
69. In Sec. 178.337-10, revise paragraph (c)(1) to read as follows:
Sec. 178.337-10 Accident damage protection.
* * * * *
(c) * * *
(1) Consist of at least one rear bumper designed to protect the
cargo tank and all components located at the rear of the cargo tank
from damage that could result in loss of lading in the event of a rear-
end collision. The bumper design must transmit the force of the
collision directly to the chassis of the vehicle. The rear bumper and
its attachments to the chassis must be designed to withstand a load
equal to twice the weight of the loaded cargo tank motor vehicle and
attachments, using a safety factor of four based on the tensile
strength of the materials used, with such load being applied
horizontally and parallel to the major axis of the cargo tank. The rear
bumper dimensions must also meet the requirements of Sec. 393.86 of
this title. The exception in Sec. 393.86 for wheels back vehicles does
not apply; or
* * * * *
0
70. In Sec. 178.337-17, revise paragraphs (a) introductory text and
(a)(4) to read as follows:
Sec. 178.337-17 Marking.
(a) General. The manufacturer shall permanently attach to each
cargo tank a corrosion-resistant metal name plate (ASME Plate), if
applicable, and a specification plate permanently attached by brazing,
welding, or other
[[Page 85669]]
suitable means on the left side of the vehicle near the front, in a
place accessible for inspection. If the specification plate is attached
directly to the cargo tank wall by welding, it must be welded to the
tank before the cargo tank is postweld heat treated.
* * * * *
(4) The specification plate must be permanently attached to the
cargo tank or its integral supporting structure by brazing, welding, or
other suitable means on the left side of the vehicle near the front
head, in a place accessible for inspection. If the specification plate
is attached to an integral supporting structure, then the cargo tank
serial number assigned by the cargo tank manufacturer must be included
on the plate.
* * * * *
0
71. Revise Sec. 178.337-18, revise paragraphs (a) introductory text,
(a)(1), (a)(3), and (a)(4) to read as follows:
Sec. 178.337-18 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to Specification MC 331 and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the Certificates of Compliance (see subpart F, part 107 in subchapter A
of this chapter).
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
* * * * *
(3) When a cargo tank motor vehicle is manufactured in two or more
stages, each manufacturer who performs a manufacturing operation on the
incomplete cargo tank motor vehicle or portion thereof must provide to
the succeeding manufacturer, at or before the time of delivery, a
certificate that states the function performed by the manufacturer,
including any certificates received from previous manufacturers,
Registered Inspectors, and Design Certifying Engineers. When the cargo
tank motor vehicle is brought into full compliance with the applicable
DOT specification and the ASME Code, the final manufacturer must mark
the specification plate with the cargo tank motor vehicle certification
date and attach the specification plate to the completed cargo tank
motor vehicle in accordance with Sec. 178.337-17(a) of this part.
(4) Specification shortages. When a cargo tank motor vehicle is
manufactured in two or more stages, the manufacturer of the cargo tank
must attach the name plate and specification plate as required by Sec.
178.337-17(a) and (b) without the original date of certification
stamped on the specification plate. Prior manufacturers must list the
specification requirements that are not completed on the Certificate of
Compliance. When the cargo tank motor vehicle is brought into full
compliance with the applicable specification, the Registered Inspector
shall stamp the date of certification on the specification plate and
issue a Certificate of Compliance to the owner of the cargo tank motor
vehicle. The Certificate of Compliance must list the actions taken to
bring the cargo tank motor vehicle into full compliance. In addition,
the certificate must include the date of certification and the person
(manufacturer, carrier or repair organization) accomplishing
compliance.
* * * * *
0
72. In Sec. 178.338-3, revise paragraphs (g)(3) introductory text and
(g)(3)(iii) to read as follows:
Sec. 178.338-3 Structural integrity.
* * * * *
(g) * * *
(3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.187 inch may be used when the shell or head thickness is over 0.187
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must:
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
73. In Sec. 178.338-10, revise paragraph (c)(1) to read as follows:
Sec. 178.338-10 Accident damage protection.
* * * * *
(c) * * *
(1) Consist of at least one rear bumper designed to protect the
cargo tank and all components located at the rear of the cargo tank
from damage that could result in loss of lading in the event of a rear-
end collision. The bumper design must transmit the force of the
collision directly to the chassis of the vehicle. The rear bumper and
its attachments to the chassis must be designed to withstand a load
equal to twice the weight of the loaded cargo tank motor vehicle and
attachments, using a safety factor of four based on the tensile
strength of the materials used, with such load being applied
horizontally and parallel to the major axis of the cargo tank. The rear
bumper dimensions must also meet the requirements of Sec. 393.86 of
this title. The exception in Sec. 393.86 for wheels back vehicles does
not apply; or
* * * * *
0
74. In Sec. 178.338-11, add paragraph (c)(2)(iii) to read as follows:
Sec. 178.338-11 Discharge control devices.
* * * * *
(c) * * *
(2) * * *
(iii) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
0
75. In Sec. 178.338-18, revise paragraphs (a) introductory text
and (a)(4) to read as follows:
Sec. 178.338-18 Marking.
(a) General. The manufacturer shall permanently attach to each
cargo tank a corrosion-resistant metal name plate (ASME Plate), if
applicable, and a specification plate permanently attached by brazing,
welding, or other suitable means on the left side of the vehicle near
the front, in a place accessible for inspection. If the specification
plate is attached directly to the cargo tank wall by welding, it must
be welded to the tank before the cargo tank is postweld heat treated.
* * * * *
(4) The specification plate must be permanently attached to the
cargo tank or its integral supporting structure, by brazing, welding,
or other suitable means on the left side of the vehicle near the front
head, in a place accessible for inspection. If the specification plate
[[Page 85670]]
is attached to an integral supporting structure, then the cargo tank
serial number assigned by the cargo tank manufacturer must be included
on the plate.
* * * * *
0
76. Revise Sec. 178.338-19 to read as follows:
Sec. 178.338-19 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to Specification MC 338 and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the Certificates of Compliance (see subpart F, part 107 in subchapter B
of this chapter).
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
(2) A photograph, pencil rub, or other facsimile of the plates
required by paragraphs (a) and (b) of Sec. 178.338-18.
(3) When a cargo tank motor vehicle is manufactured in two or more
stages, each manufacturer who performs a manufacturing operation on the
incomplete cargo tank motor vehicle or portion thereof must provide to
the succeeding manufacturer, at or before the time of delivery, a
certificate that states the function performed by that manufacturer,
including any certificates received from previous manufacturers,
Registered Inspectors, and Design Certifying Engineers. When the cargo
tank motor vehicle is brought into full compliance with the applicable
DOT specification and the ASME Code, the final manufacturer must mark
the specification plate with the cargo tank motor vehicle certification
date and attach the specification plate to the completed cargo tank
motor vehicle in accordance with Sec. 178.338-18(a) of this part.
(b) The owner shall retain the data report, certificates, and
related papers throughout his ownership of the cargo tank motor vehicle
and for at least one year thereafter; and in the event of change of
ownership, retention by the prior owner of non-fading photographically
reproduced copies will be deemed to satisfy this requirement. Each
motor carrier using the cargo tank motor vehicle, if not the owner
thereof, shall obtain a copy of the data report and the Certificate(s)
of Compliance, and retain them during the time the carrier uses the
cargo tank motor vehicle and for at least one year thereafter.
(c) [Reserved]
0
77. In Sec. 178.345-1, revise paragraph (c) to read as follows:
Sec. 178.345-1 General requirements.
* * * * *
(c) Definitions. See Sec. 178.320(a) for the definition of certain
terms used in Sec. Sec. 178.345, 178.346, 178.347, and 178.348.
* * * * *
0
78. In Sec. 178.345-3, revise paragraphs (f) introductory text, (f)(3)
introductory text, and (f)(3)(iii) to read as follows:
Sec. 178.345-3 Structural integrity.
* * * * *
(f) The design, construction, and installation of an attachment,
appurtenance to a cargo tank, structural support member between the
cargo tank and the vehicle of suspension component, or accident
protection device must conform to the following requirements:
* * * * *
(3) Except as prescribed in paragraphs (f)(1) and (f)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.187 inch may be used when the shell or head thickness is over 0.187
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must:
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
79. In Sec. 178.345-8, revise paragraph (d) to read as follows:
Sec. 178.345-8 Accident damage protection.
* * * * *
(d) Rear-end tank protection. Each cargo tank motor vehicle must be
provided with a rear-end tank protection device to protect the cargo
tank and piping in the event of a rear-end collision and reduce the
likelihood of damage that could result in the loss of lading. Nothing
in this paragraph relieves the manufacturer of responsibility for
complying with the requirements of Sec. 393.86 of this title and, if
applicable, paragraph (b) of this section. The rear-end tank protection
device must conform to the following requirements:
(1) For cargo tanks constructed with any component at the rear of
the cargo tank motor vehicle:
(i) For any component on the same horizontal plane as the rear-end
protection device, the device must be designed so that it can deflect
at least six inches horizontally forward from the device's inboard
surface without contacting the component;
(ii) For any component not on the same horizontal plane as the
rear-end cargo tank protection device, the device must be designed so
that it can deflect at least six inches horizontally forward from the
device's outboard surface or with a vertical plane passing through the
device's outboard surface without contacting the component.
(2) The dimensions of the rear-end cargo tank protection device
shall conform to the following:
(i) The bottom surface of the rear-end protection device must be at
least four inches below the lower surface of any part at the rear of
the cargo tank motor vehicle that contains lading during transit and
not more than 60 inches from the ground when the vehicle is empty.
(ii) The maximum width of a notch, indentation, or separation
between sections of a rear-end cargo tank protection device may not
exceed 24 inches. A notched, indented, or separated rear-end protection
device may be used only when the piping at the rear of the cargo tank
is equipped with a sacrificial device outboard of a shut-off valve.
(iii) The widest part of the motor vehicle at the rear may not
extend more than 18 inches beyond the outermost ends of the device or
(if separated) devices on either side of the vehicle.
(3) The structure of the rear-end protection device and its
attachment to the cargo tank motor vehicle must be designed to satisfy
the conditions specified in paragraph (d)(1) of this section when
subjected to an impact of the cargo tank motor vehicle at the gross
vehicle weight rating at a deceleration of two ``g.'' Such impact must
be considered as being uniformly applied in the horizontal plane at an
angle of 10 degrees or less to the longitudinal axis
[[Page 85671]]
of the vehicle. The structures supporting the rear-end protection
device, including the frame and the attachments to the frame must also
be capable of withstanding the two ``g'' load.
* * * * *
0
80. In Sec. 178.345-11:
0
a. Revise paragraph (b)(1)(ii); and
0
b. Add paragraph (b)(1)(iv).
The revision and addition read as follows:
Sec. 178.345-11 Tank outlets.
* * * * *
(b) * * *
(1) * * *
(ii) If the actuating system is accidentally damaged, sheared off
during transportation, or fails, each loading/unloading outlet must
remain securely closed and capable of retaining lading.
* * * * *
(iv) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
* * * * *
0
81. In Sec. 178.345-13, revise paragraph (a) to read as follows:
Sec. 178.345-13 Pressure and leakage tests.
(a) Cargo tank motor vehicle manufacturers must perform a pressure
and leakage test in accordance with this section and Sec. Sec.
178.346-5, 178.347-5, or 178.348-5. The leakage test shall be performed
after the piping is installed on the cargo tank motor vehicle.
* * * * *
0
82. In Sec. 178.345-14, revise paragraphs (a), (b)(3), (c)(6), (c)(7),
and (d) to read as follows:
Sec. 178.345-14 Marking.
(a) General. The manufacturer shall certify that each cargo tank
motor vehicle has been designed, constructed, and tested in accordance
with the applicable Specification DOT 406, DOT 407 or DOT 412
(Sec. Sec. 178.345, 178.346, 178.347, 178.348) cargo tank requirements
and, when applicable, with Section VIII of the ASME Code (IBR, see
Sec. 171.7 of this subchapter). The certification shall be
accomplished by marking the cargo tank as prescribed in paragraphs (b)
and (c) of this section, and by preparing the certificate prescribed in
Sec. 178.345-15. Metal plates prescribed by paragraphs (b), (c), (d),
and (e) of this section must be permanently attached to the cargo tank
or its integral supporting structure by brazing, welding, or other
suitable means. These plates must be affixed on the left side of the
vehicle near the front of the cargo tank (or the front most cargo tank
of a multi-cargo tank motor vehicle), in a place readily accessible for
inspection. The plates must be permanently and plainly marked in
English by stamping, embossing, or other means in characters at least
3/16 inch high. If the information required by this section is
displayed on a name plate, the information need not be repeated on the
specification plate. The information required by paragraphs (b) and (c)
of this section may be combined on one plate.
(b) * * *
(3) Cargo tank MAWP in psig.
* * * * *
(c) * * *
(6) Maximum loading rate in gallons per minute (Max. Load rate,
GPM). ``NONE'' may be used to indicate no limit.
(7) Maximum unloading rate in gallons per minute (Max. Unload
rate). ``OPEN MH'' or ``NONE'' may be used to indicate no limit.
* * * * *
(d) Multi-cargo tank motor vehicle. For a multi-cargo tank motor
vehicle having all its cargo tanks not separated by any void, the
information required by paragraphs (b) and (c) of this section may be
combined on one specification plate. When separated by a void, each
cargo tank must have an individual name plate as required in paragraph
(b) of this section, unless all cargo tanks are made by the same
manufacturer using the same design type, as defined in Sec. 178.320.
The cargo tank motor vehicle may have a combined name plate and
specification plate. When only one plate is used, the plate must be
visible and not covered by insulation. The required information must be
listed on the plate from front to rear in the order of the
corresponding cargo tank location.
* * * * *
0
83. In Sec. 178.345-15, revise paragraphs (a), (b)(1), and (e) to read
as follows:
Sec. 178.345-15 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to the DOT specification and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the certificates (see subpart F, part 107 in subchapter A of this
chapter).
(b) * * *
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
* * * * *
(e) Specification shortages. When a cargo tank motor vehicle is
manufactured in two or more stages, the manufacturer of the cargo tank
must attach the name plate and specification plate as required by
Sec. Sec. 178.345-14(b) and (c) without the original date of
certification stamped on the specification plate. Prior manufacturers
must list the specification requirements that are not completed on the
Certificate of Compliance. When the cargo tank motor vehicle is brought
into full compliance with the applicable specification, the Registered
Inspector shall stamp the date of certification on the specification
plate and issue a Certificate of Compliance to the owner of the cargo
tank motor vehicle. The Certificate of Compliance must list the actions
taken to bring the cargo tank motor vehicle into compliance. In
addition, the certificate must include the date of compliance and
person (manufacturer, carrier, or repair organization) accomplishing
compliance.
0
84. In Sec. 178.348-1, revise paragraphs (d) and (e) to read as
follows:
Sec. 178.348-1 General requirements.
* * * * *
(d) A cargo tank motor vehicle built to this specification with a
MAWP greater than 15 psig must be constructed and certified in
accordance with Section VIII of the ASME Code (IBR, see Sec. 171.7 of
this subchapter).
(e) A cargo tank motor vehicle built to this specification with a
MAWP of 15 psig or less must be constructed in accordance with Section
VIII of the ASME Code except as modified herein:
(1) The recordkeeping requirements contained in Section VIII of the
ASME Code do not apply. Parts UG-90 through 94 in Section VIII do not
apply. Inspection and certification must be made by an inspector
registered in accordance with subpart F of part 107.
(2) Loadings must be as prescribed in Sec. 178.345-3 of this part.
(3) The knuckle radius of flanged heads must be at least three
times the material thickness, and in no case less than 0.5 inch.
Stuffed (inserted) heads may be attached to the shell by a fillet weld.
The knuckle radius and dish radius versus diameter limitations of UG-32
do not apply for cargo tank
[[Page 85672]]
motor vehicles with a MAWP of 15 psig or less. Shell sections of cargo
tanks designed with a non-circular cross section need not be given a
preliminary curvature, as prescribed in UG-79(b).
(4) Marking, certification, data reports, and name plates must be
as prescribed in Sec. Sec. 178.345-14 and 178.345-15.
(5) Manhole closure assemblies must conform to Sec. 178.345-5.
(6) Pressure relief devices must be as prescribed in Sec. 178.348-
4.
(7) The hydrostatic or pneumatic test must be as prescribed in
Sec. 178.348-5.
(8) The following paragraphs in parts UG and UW in Section VIII of
the ASME Code do not apply: UG-11, UG-12, UG-22(g), UG-32(e), UG-34,
UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, UW-13(b)(2),
UW-13.1(f), and the dimensional requirements found in Figure UW-13.1.
PART 179--SPECIFICATIONS FOR TANK CARS
0
85. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
86. In Sec. 179.2:
0
a. Revise paragraphs (a) introductory text, and (a)(2);
0
b. Add paragraphs (a)(4) and (a)(9); and
0
c. Revise paragraph (a)(10).
The revisions and addition read as follows:
Sec. 179.2 Definitions and abbreviations.
(a) In addition to the definitions in Sec. Sec. 171.8 and 180.503
of this subchapter, the following definitions apply to part 179:
* * * * *
(2) Approved means approval by a Design Certifying Engineer
registered in accordance with part 107, subpart J.
* * * * *
(4) Component means service equipment, safety systems, linings or
coatings, other elements specifically required by this part, and any
elements used to achieve a performance standard in this part.
* * * * *
(9) Tank car means a tank car tank and all of its components.
(10) Tank car facility means an entity that qualifies a tank car to
ensure its conformance to part 179 or part 180 of this subchapter. A
tank car facility must register with PHMSA in accordance with part 107,
subpart J, of this chapter.
* * * * *
0
87. Revise Sec. 179.3 to read as follows:
Sec. 179.3 Design Approval.
(a) General. A Design Certifying Engineer registered in accordance
with part 107, subpart J, must approve the following as conforming with
the specifications in this part:
(1) Tank car designs, materials and construction, and
modifications; and
(2) Service equipment designs, materials and construction, and
modifications.
(b) Procedure. The Design Certifying Engineer must develop,
maintain, and adhere to a written procedure that describes the process
used to verify conformance with this subchapter. This procedure must be
provided to a representative of the Department upon request. The
procedure must include acceptance and rejection criteria for each
element approved by the Design Certifying Engineer.
(c) Approval. When the Design Certifying Engineer determines such
tank cars or service equipment are in compliance with the requirements
of this subchapter, the Design Certifying Engineer will approve the
design, material and construction, or modification.
(d) Documentation. Upon approval of the design, material and
construction, or modification, the Design Certifying Engineer shall
generate and provide to the tank car or service equipment owner a
Design Approval Certificate (see Sec. 179.5). A Design Approval
Certificate certifies that the tank car or service equipment fully
conforms to all requirements of the specification.
(1) A Design Approval Certificate covers all tank cars or service
equipment built to an approved design, material and construction, or
modification, provided the tank cars or service equipment are
identical.
(2) When ownership of a tank car is transferred, the new owner must
obtain the Design Approval Certificate from the previous owner or
Design Certifying Engineer for the tank car to remain in service.
0
88. Revise Sec. 179.4 to read as follows:
Sec. 179.4 Changes in specifications for tank cars.
(a) Proposed changes in or additions to specifications for tanks
must be submitted to a Design Certifying Engineer for review.
Construction should not be started until the specification has been
approved and a special permit has been issued. When proposing a new
specification, the applicant shall furnish information to the Design
Certifying Engineer to justify a new specification. This data should
include the properties of the lading and the method of loading and
unloading.
(b) The Design Certifying Engineer will review the proposed
specifications at its earliest convenience and report its
recommendations on the approval or disapproval of the specification to
the designer of the new tank car specification. The recommendation will
be considered by the Department in determining appropriate action.
0
89. Revise Sec. 179.5 to read as follows:
Sec. 179.5 Design Approval Certificate.
(a) General. Before a tank car is placed in service, the Design
Certifying Engineer shall provide a Design Approval Certificate to the
tank car or service equipment owner certifying that the tank or service
equipment fully conforms to all requirements of the specification.
(b) Tank car information. The Design Approval Certificate for tank
cars must include the following information, as applicable:
(1) Name, registration number, phone number, and mailing address of
Design Certifying Engineer;
(2) Approval date;
(3) Tank specification;
(4) Tank car specification;
(5) Reporting marks and numbers;
(6) Commodity;
(7) Commodity density (lbs. per Gallon);
(8) Full water capacity (Gallons);
(9) Outage (Gallons);
(10) Tank head;
(i) Material type and grade heads;
(ii) Head material normalized (Indicate Yes/No);
(iii) Tank head spliced (Indicate Yes/No);
(iv) Head Charpy test value;
(v) Material thickness heads (Inches); and
(vi) Head radius, main (Inches if not 2:1).
(11) Tank shell;
(i) Material type and grade shell;
(ii) Tank shell material normalized (Indicate Yes/No);
(iii) Shell Charpy test value;
(iv) Material thickness shell (Inches);
(v) Inside diameter--center (Inches); and
(vi) Inside diameter--end rings (Inches).
(12) Coating/lining type and thickness;
(13) Tank test pressure (PSI);
(14) Insulation material;
(i) Insulation type;
(ii) Insulation thickness (Inches); and
(iii) Thermal conductivity (BTU--in/hr.--ft sq.--degree F).
(15) Thermal protection;
(i) Thermal protection material type;
(ii) Thermal protection material thickness (Inches);
[[Page 85673]]
(iii) Thermal protection material conductivity (BTU--in/hr.--ft
sq.--degree F);
(iv) Jacket thickness; and
(v) Meets Sec. 179.18 thermal protection standard (Indicate Yes/
No).
(16) Safety relief devices;
(i) Type of safety relief device;
(ii) Number of safety relief devices;
(iii) Pressure relief device start-to-discharge (PSI);
(iv) Pressure relief device flow capacity (CFM Required); and
(v) Pressure relief device flow capacity (CFM Actual).
(17) Protective systems;
(i) Meets bottom fitting protection standard (Indicate Yes/No);
(ii) Meets top fittings protection standard (Indicate Yes/No); and
(iii) Meets tank head puncture resistance standard (Indicate Yes/
No);
(A) Head shield thickness (Inches); and
(B) Head shield material type.
(18) Underframe or stub sill type; and
(19) Weight;
(i) Center of gravity loaded (Inches);
(ii) Estimated light weight (lbs.);
(iii) Rail load limit (lbs.); and
(iv) Truck capacity (Tons).
(20) Signed Certification Statement. A certification shall not be
considered valid without a signature and certifying statement by a
registered Design Certifying Engineer. The following statement may be
used for tank car certifications:
``I,______ [insert Design Certifying Engineer name], have reviewed
the above design(s) for a DOT______[insert DOT specification] tank
car(s) and certify compliance in all respects with the specification
requirements found in 49 CFR part 179.
________[Design Certifying Engineer Signature]''
(c) Tank Car Drawings. The Design Approval Certificate must include
the following detailed design drawings for tank cars:
(1) General arrangement;
(2) Tank arrangement;
(3) Reinforced openings, including calculations;
(4) Anchorage, including calculations;
(5) Fittings arrangement;
(6) Manway assembly;
(7) Manway cover;
(8) Protective housing;
(9) Venting, loading, and discharge valves;
(10) Pressure relief devices;
(11) Heater systems;
(12) Gauging devices;
(13) Bottom outlet valve;
(14) Design calculations;
(15) Gasket drawing; and
(16) Tank qualification drawing.
(d) Service Equipment Information. The Design Approval Certificate
must include the following information for service equipment, as
applicable:
(1) Description of device;
(i) Manufacturer;
(ii) Model; and
(iii) Design revision date.
(2) Approval date;
(3) Commodity;
(4) Construction;
(i) Material of construction;
(ii) Construction method; and
(iii) Seal material.
(5) Design operating temperature;
(6) Operating pressure range at design temperature (PSI); and
(7) Signed Certification Statement. A certification shall not be
considered valid without a signature and certifying statement by a
registered Design Certifying Engineer. The following statement may be
used for service equipment certifications:
``I,______[insert Design Certifying Engineer name], have reviewed
the above design for______[insert service equipment make and model] and
it complies in all respects with the requirements found in 49 CFR part
179.
________[Design Certifying Engineer Signature]''
(e) Service Equipment Drawings. The Design Approval Certificate
must include the following detailed design drawings for service
equipment:
(1) Dimensional drawing;
(2) Securement drawing; and
(3) Design calculations.
(f) Service Equipment Validation. The Design Approval Certificate
must include the following service equipment validation reports:
(1) Life cycle testing results;
(2) Failure modes and effects analysis; and
(3) Other applicable laboratory testing results.
0
90. Revise Sec. 179.6 to read as follows:
Sec. 179.6 Repairs and alterations.
For procedures to make repairs or alterations, see Appendix R of
the AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this
subchapter). Compliance with paragraphs 1.1; 1.2; 3.2; 3.3; 3.4; and
5.5 is not required. For all repairs not specifically described in
Appendix R of the AAR Specifications for Tank Cars, approval by a
Design Certifying Engineer is required.
0
91. In Sec. 179.7, revise paragraph (a) introductory text, (a)(2), (b)
introductory text, (b)(3) through (5), (b)(8), (d) and (f) to read as
follows:
Sec. 179.7 Quality assurance program.
(a) A tank car facility must register with PHMSA in accordance with
part 107, subpart J, of this chapter. At a minimum, each tank car
facility shall have a quality assurance program that--
* * * * *
(2) Has the means to detect any nonconformity in the manufacturing,
inspection, testing, qualification, or maintenance of the tank car; and
* * * * *
(b) At a minimum, the quality assurance program must have the
following elements:
* * * * *
(3) Procedures to ensure that the latest applicable drawings,
design calculations, specifications, and instructions are used in
manufacture, inspection, testing, qualification and maintenance.
(4) Procedures to ensure that all materials and components used in
the fabrication and construction of a tank car are properly identified
and documented, and meet applicable design requirements.
(5) A description of the manufacturing, inspection, testing, and
qualification and maintenance program, including the acceptance
criteria, so that an inspector can identify the characteristics of the
tank car and the elements to inspect, examine, and test at each point.
* * * * *
(8) Provisions indicating that the applicable requirements of the
AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this
subchapter), apply.
* * * * *
(d) Each tank car facility shall provide written procedures to its
employees to ensure that the work on the tank car conforms to the
specification, approval, and owner's acceptance criteria.
* * * * *
(f) No tank car facility may manufacture, inspect, test, qualify,
or maintain tank cars subject to requirements of this subchapter,
unless it is operating in conformance with a quality assurance program
and written procedures required by paragraphs (a) and (b) of this
section, and maintains a valid tank car facility registration in
accordance with part 107, subpart J, of this chapter.
0
92. In Sec. 179.10, add paragraph (b) to read as follows:
Sec. 179.10 Tank mounting.
* * * * *
(b) Tank mounting arrangements must meet the requirements of AAR
Specifications for Tank Cars Chapter 6 (IBR, see Sec. 171.7 of this
subchapter).
0
93. In Sec. 179.11, revise paragraph (a) to read as follows:
[[Page 85674]]
Sec. 179.11 Welding certification.
(a) Welding procedures, welders, and fabricators must meet the
requirements in AAR Specifications for Tank Cars Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
94. In Sec. 179.24:
0
a. Revise paragraph (a)(2); and
0
b. Remove and reserve paragraph (a)(3)(i).
The revision reads as follows:
Sec. 179.24 Stamping.
(a) * * *
(2) Each plate must be stamped, embossed, or otherwise marked by an
equally durable method in letters 3/16-inch high with the following
information (parenthetical abbreviations may be used):
(i) Tank Manufacturer (Tank MFG): Full name of the car builder.
(ii) Tank Manufacturer's Serial Number (SERIAL NO): For the
specific car.
(iii) [Reserved]
(iv) Tank Specification (SPECIFICATION).
(v) Tank Shell Material/Head Material (SHELL MATL/HEAD MATL): ASTM
or AAR specification of the material used in the construction of the
tank shell and heads. For Class DOT-113W, DOT-115W, AAR-204W, and AAR-
206W, the materials used in the construction of the outer tank shell
and heads must be listed. Only list the alloy (e.g., 5154) for aluminum
tanks and the type (e.g., 304L or 316L) for stainless steel tanks.
(vi) Insulation Material (INSULATION MATL): Generic names of the
first and second layer of any thermal protection/insulation material
applied.
(vii) Insulation Thickness (INSULATION THICKNESS): In inches.
(viii) Underframe/Stub Sill Type (UF/SS DESIGN)
(ix) Date of Manufacture (DATE OF MFR): The month and year of tank
manufacture. If the underframe has a different built date than the
tank, show both dates.
* * * * *
0
95. In Sec. 179.100-9, revise paragraph (a) to read as follows:
Sec. 179.100-9 Welding.
(a) All joints shall be fusion-welded in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
96. In Sec. 179.100-10, revise paragraph (a) to read as follows:
Sec. 179.100-10 Postweld heat treatment.
(a) After welding is complete, steel tanks and all attachments
welded thereto must be postweld heat treated as a unit in compliance
with the requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
97. In Sec. 179.100-12, revise paragraph (c) to read as follows:
Sec. 179.100-12 Manway nozzle, cover and protective housing.
* * * * *
(c) Except as provided in Sec. 179.103, protective housing of
cast, forged, or fabricated approved materials must be bolted to manway
cover with not less than 20, \3/4\-inch studs. Alternatively, the
protective housing may be bolted to a flange connected to the manway
reinforcing pad with not less than 20, \3/4\-inch studs. The shearing
value of the bolts attaching protective housing to manway cover must
not exceed 70 percent of the shearing value of bolts attaching manway
cover to manway nozzle. Housing must have steel sidewalls not less than
\3/4\ inch in thickness and must be equipped with a metal cover not
less than \1/4\ inch in thickness that can be securely closed. Housing
cover must have suitable stop to prevent cover striking loading and
unloading connections, and be hinged on one side only with approved
riveted pin or rod with nuts and cotters. Openings in wall of housing
must be equipped with screw plugs or other closures.
0
98. In Sec. 179.100-18, revise paragraph (c) to read as follows:
Sec. 179.100-18 Tests of tanks.
* * * * *
(c) Caulking of welded joints to stop leaks developed during the
foregoing test is prohibited. Repairs in welded joints shall be made as
prescribed in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
99. In Sec. 179.102-3, add paragraph (c) to read as follows:
Sec. 179.102-3 Materials poisonous by inhalation.
* * * * *
(c) For tank cars manufactured after [DATE OF EFFECTIVE DATE], tank
car heads and shells must be Charpy impact tested in accordance with
AAR Specifications for Tank Cars, Chapter 2, section 2.2.1.2 (IBR, see
Sec. 171.7 of this subchapter) and meet the requirements of section
2.2.1.2.
0
100. In Sec. 179.103-5, revise paragraph (b)(1) to read as follows:
Sec. 179.103-5 Bottom outlets.
* * * * *
(b) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than allowed by Appendix E of the AAR Specifications for Tank
Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to the car
by at least \3/8\-inch chain, or its equivalent, except that bottom
outlet closure plugs may be attached by \1/4\-inch chain. When the
bottom outlet closure is of the combination cap and valve type, the
pipe connection to the valve shall be closed by a plug, cap, or
approved quick coupling device. The bottom outlet equipment should
include only the valve, reducers, and closures that are necessary for
the attachment of unloading fixtures. The permanent attachment of
supplementary exterior fittings must be approved.
* * * * *
0
101. In Sec. 179.200-7, amend the table in paragraph (b) by adding an
entry for ``ASTM A 537'' to read as follows:
Sec. 179.200-7 Materials.
* * * * *
(b) * * *
------------------------------------------------------------------------
Minimum
Minimum tensile elongation in
strength 2 inches
Specifications (p.s.i.) welded (percent) weld
condition \1\ metal
(longitudinal)
------------------------------------------------------------------------
ASTM A 537, Class 1.................. 70,000 23
* * * * * * *
------------------------------------------------------------------------
[[Page 85675]]
* * * * *
0
102. In Sec. 179.200-10, revise paragraph (a) to read as follows:
Sec. 179.200-10 Welding.
(a) All joints shall be fusion-welded in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
103. Revise Sec. 179.200-11 to read as follows:
Sec. 179.200-11 Postweld heat treatment.
When specified in Sec. 179.201-1, after welding is complete,
postweld heat treatment must be in compliance with the requirements of
AAR Specifications for Tank Cars, Appendix W (compliance with paragraph
1.2 is not required) (IBR, see Sec. 171.7 of this subchapter).
0
104. In Sec. 179.200-17, revise paragraph (a)(1) to read as follows:
Sec. 179.200-17 Bottom outlets.
(a) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than that allowed by Appendix E of the AAR Specifications for
Tank Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to the car
by at least \3/8\-inch chain, or its equivalent, except that the bottom
outlet closure plugs may be attached by \1/4\-inch chain. When the
bottom outlet closure is of the combination cap and valve type, the
pipe connection to the valve shall be closed by a plug, cap, or
approved quick coupling device. The bottom outlet equipment should
include only the valve, reducers, and closures that are necessary for
the attachment of unloading fixtures. The permanent attachment of
supplementary exterior fittings shall be approved.
* * * * *
0
105. In Sec. 179.200-22, revise paragraph (d) to read as follows:
Sec. 179.200-22 Test of tanks.
* * * * *
(d) Caulking of welded joints to stop leaks developed during the
foregoing tests is prohibited. Repairs in welded joints shall be made
as prescribed in AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
106. In Sec. 179.220-10, revise paragraph (a) to read as follows:
Sec. 179.220-10 Welding.
(a) All joints must be fusion welded in compliance with AAR
Specifications for Tank Cars, Appendix W (compliance with paragraph 1.2
is not required) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
107. In Sec. 179.220-11, revise paragraph (b) to read as follows:
Sec. 179.220-11 Postweld heat treatment.
* * * * *
(b) Postweld heat treatment of the cylindrical portions of the
outer shell to which the anchorage or draft sills are attached must
comply with AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
108. In Sec. 179.220-15, revise paragraph (b) to read as follows:
Sec. 179.220-15 Support system for inner container.
* * * * *
(b) The longitudinal acceleration may be reduced to 3G where a
cushioning device, which has been tested to demonstrate its ability to
limit body forces to 400,000 pounds maximum at a 10 miles per hour
impact, is used between the coupler and the tank structure. The support
system must be of approved design and the inner container must be
thermally isolated from the outer shell to the best practical extent.
The inner container and outer shell must be permanently bonded to each
other electrically either by the support system used, piping, or a
separate electrical connection of approved design.
0
109. In Sec. 179.220-18, revise paragraph (a)(1) to read as follows:
Sec. 179.220-18 Bottom outlets.
(a) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than that allowed by Appendix E of the AAR Specifications for
Tank Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to car by
at least \3/8\-inch chain, or its equivalent, except that bottom outlet
closure plugs may be attached by \1/4\-inch chain. When the bottom
outlet closure is of the combination cap and valve type, the pipe
connection to the valve shall be closed by a plug or cap. The bottom
outlet equipment should include only the valve, reducers, and closures
that are necessary for the attachment of unloading fixtures. The
permanent attachment of supplementary exterior fittings shall be
approved.
* * * * *
0
110. In Sec. 179.300-9, revise paragraph (a) to read as follows:
Sec. 179.300-9 Welding.
(a) Longitudinal joints must be fusion welded. Head-to-shell joints
must be forge welded on class DOT-106A tanks and fusion welded on class
DOT-110A tanks. Welding procedures, welders, and fabricators must be in
accordance with the requirements of AAR Specifications for Tank Cars,
Appendix W (compliance with paragraph 1.2 is not required) (IBR, see
Sec. 171.7 of this subchapter).
* * * * *
0
111. Revise Sec. 179.300-10 to read as follows:
Sec. 179.300-10 Postweld heat treatment.
After welding is complete, steel tanks and all attachments welded
thereto, must be postweld heat treated as a unit in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
112. In Sec. 179.400-5, revise paragraph (d) to read as follows:
Sec. 179.400-5 Materials.
* * * * *
(d) Impact test values must be equal to or greater than those
specified in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter). The report of impact tests must include the test values
and lateral expansion data.
0
113. In Sec. 179.400-6, revise paragraph (b) to read as follows:
Sec. 179.400-6 Bursting and buckling pressure.
* * * * *
(b) The outer jacket of the required evacuated insulation system
must be designed in accordance with Sec. 179.400-8(d) and in addition
must comply with the design loads specified in Section C--II, Chapter 6
of the AAR Specifications for Freight Cars (IBR, see Sec. 171.7 of
this subchapter). The designs and calculations must provide for the
loadings transferred to the outer jacket through the support system.
0
114. In Sec. 179.400-11, revise paragraph (c) to read as follows:
Sec. 179.400-11 Welding.
* * * * *
(c) Each joint must be welded in accordance with the requirements
of AAR Specifications for Tank Cars, Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
115. In Sec. 179.400-12, revise paragraph (b) introductory text to
read as follows:
[[Page 85676]]
Sec. 179.400-12 Postweld heat treatment.
* * * * *
(b) The cylindrical portion of the outer jacket, with the exception
of the circumferential closing seams, must be postweld heat treated as
prescribed in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter). Any item to be welded to this portion of the outer jacket
must be attached before postweld heat treatment. Welds securing the
following need not be postweld heat treated when it is not practical
due to final assembly procedures:
* * * * *
0
116. In Sec. 179.400-13, revise paragraph (b) to read as follows:
Sec. 179.400-13 Support system for inner tank.
* * * * *
(b) The support system must be designed to support, without
yielding, impact loads producing accelerations of the following
magnitudes and directions when the inner tank is fully loaded and the
car is equipped with a conventional draft gear:
Longitudinal............................................ 7``g''
Transverse.............................................. 3``g''
Vertical................................................ 3``g''
The longitudinal acceleration may be reduced to 3``g'' where a
cushioning device, which has been tested to demonstrate its ability to
limit body forces to 400,000 pounds maximum at 10 miles per hour, is
used between the coupler and the tank structure.
* * * * *
0
117. Revise Sec. 179.400-15 to read as follows:
Sec. 179.400-15 Radioscopy.
Each longitudinal and circumferential joint of the inner tank, and
each longitudinal and circumferential double welded butt joint of the
outer jacket, must be examined along its entire length in accordance
with the requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
118. In Sec. 179.400-18, revise paragraph (b) to read as follows:
Sec. 179.400-18 Test of inner tank.
* * * * *
(b) Caulking of welded joints to stop leaks developed during the
test is prohibited. Repairs to welded joints must be made as prescribed
in AAR Specifications for Tank Cars, Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
0
119. In Sec. 179.400-19, revise paragraph (a)(2) to read as follows:
Sec. 179.400-19 Valves and gages.
(a) * * *
(2) Packing, if used, must be satisfactory for use in contact with
the lading and of materials that will effectively seal the valve stem
without causing difficulty of operation.
* * * * *
0
120. In Sec. 179.500-17, revise paragraph (a)(4) to read as follows:
Sec. 179.500-17 Marking.
(a) * * *
(4) Name, mark (other than trademark), or initials of company or
person for whose use the tank is being made.
* * * * *
0
121. In Sec. 179.500-18:
0
a. Revise paragraphs (a) and (b)(6); and
0
b. In the form in paragraph (c), revise the sentence under the heading
``Steel Tanks''.
The revisions read as follows:
Sec. 179.500-18 Inspection and reports.
(a) Before a tank car is placed in service, the party assembling
the completed car shall furnish to the car owner a report in proper
form certifying that tanks and their equipment comply with all the
requirements of this specification and including information as to
serial numbers, dates of tests, and ownership marks on tanks mounted on
car structure.
(b) * * *
(6) Inspector shall stamp his official mark on each accepted tank
immediately below serial number, and make certified report (see
paragraph (c) of this section) to builder, company, or person for whose
use tanks are being made, and to builder of car structure on which
tanks are to be mounted.
(c) * * *
Steel Tanks
It is hereby certified that drawings were approved for these tanks
by a Design Certifying Engineer under date of ____. * * *
* * * * *
0
122. In Appendix B to part 179, revise paragraphs 1., 2.a.(1), 2.a.(2),
2.b.(6), 3.a.(1), 3.a.(2), and 3.b.(6) to read as follows:
Appendix B to Part 179--Procedures for Simulated Pool and Torch-Fire
Testing
1. This test procedure is designed to measure the thermal
effects of new or untried thermal protection systems, and to test
for system survivability when exposed to a 100-minute pool fire and
a 30-minute torch fire. Each sample of the thermal resistance
material used in the individual tests, performed under the
requirement of this Appendix to test the performance of the thermal
protection system, shall be identical (within errors of measurement)
in thickness dimensions, and thermodynamic and physical properties,
including mass density.
2. * * *
a. * * *
(1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C plus or minus 55.6
[deg]C (1600 [deg]F plus-or-minus 100 [deg]F), measured throughout
the duration of the test at a distance of not more than 15 cm (6
inches) from the test sample surface along the axis of the fire.
Calibration tests must be performed with the steel plate in
position.
(2) A square bare plate with thermal properties equivalent to
the material of construction of the tank car must be used. The plate
dimensions must be not less than 30.5 cm by 30.5 cm (one foot by one
foot) by nominal 1.6 cm (0.625 inch) thick. The bare plate must be
instrumented with not less than nine thermocouples to record the
thermal response of the bare plate. The thermocouples must be
attached to the surface not exposed to the simulated pool fire, and
must be divided into nine equal squares with a thermocouple placed
in the center of each square.
* * * * *
b. * * *
(6) A minimum of three consecutive successful simulation fire
tests, separate and conducted at different times, must be performed
for each thermal protection system.
* * * * *
3. * * *
a. * * *
(1) The source of the simulated torch must be a hydrocarbon fuel
with a flame temperature of 1,204 [deg]C plus-or-minus 55.6 [deg]C
(2,200 [deg]F plus or minus 100 [deg]F), measured throughout the
duration of the test at a distance of not more than 15 cm (6 inches)
from the test sample surface, along the axis of the fire.
Furthermore, torch velocities must be 64.4 km/h 16 km/h
(40 mph 10 mph) throughout the duration of the test at a
distance of not more than 15 cm (6 inches) from the test sample
surface along the axis of the fire. Calibration tests must be
performed with the steel plate in position.
(2) A square bare plate with thermal properties equivalent to
the material of construction of the tank car must be used. The plate
dimensions must be at least 122 cm by 122 cm (four feet by four
feet) by nominal 1.6 cm (0.625 inch) thick. The bare plate must be
instrumented with not less than nine thermocouples to record the
thermal response of the plate. The thermocouples must be attached to
the surface not exposed to the simulated torch, and must be divided
into nine equal squares with a thermocouple placed in the center of
each square.
* * * * *
b. * * *
(6) A minimum of two consecutive successful torch-simulation
tests, separate
[[Page 85677]]
and conducted at different times, must be performed for each thermal
protection system.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
123. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
124. In Sec. 180.3:
0
a. Revise paragraph (b)(3); and
0
b. Add paragraphs (c) and (d).
The revision and additions read as follows:
Sec. 180.3 General requirements.
* * * * *
(b) * * *
(3) Test dates displayed in association with specification,
registration, approval, exemption, or special permit markings
indicating conformance to a test or retest requirement of this
subchapter, an approval issued thereunder, or a special permit issued
under subchapter A of this chapter;
* * * * *
(c) No person shall mark or issue a report indicating that a
packaging has passed a test or inspection under this subpart, unless
the packaging has actually been tested or inspected as required by this
subpart.
(d) No person shall falsify a document or marking indicating a
packaging as having passed a test or inspection under this subpart.
0
125. In Sec. 180.403:
0
a. Add definitions for ``certification plate'', ``maintenance'',
``objectively reasonable and articulable belief'', and ``set pressure''
in alphabetical order; and
0
b. Revise the definition of ``repair''.
The revision and additions read as follows:
Sec. 180.403 Definitions.
* * * * *
Certification plate means a data plate containing the applicable
markings provided in the original specifications for cargo tanks no
longer authorized for construction (as identified in Sec. 180.405(c)),
and permanently attached to the cargo tank or integral supporting
structure by the manufacturer. The markings on this plate are the
certification by the manufacturer that the cargo tank or the cargo tank
motor vehicle has been designed, constructed, and tested in accordance
with the applicable specification.
* * * * *
Maintenance means replacement of components other than welding on
the cargo tank wall, on specification cargo tanks or cargo tank motor
vehicles.
* * * * *
Objectively reasonable and articulable belief means a belief based
on particularized and identifiable facts that provide an objective
basis to believe or suspect that a cargo tank or series of cargo tanks
may be in an unsafe operating condition.
* * * * *
Repair means any welding on a cargo tank wall, including replacing
50 percent or less of the combined shell and head material of a cargo
tank, done to return a cargo tank or a cargo tank motor vehicle to its
original design and construction specification, or to a condition
prescribed for a later equivalent specification in effect at the time
of the repair. Excluded from this category are the following:
(1) A change to motor vehicle equipment such as lights, truck or
tractor power train components, steering and brake systems, and
suspension parts, and changes to appurtenances, such as fender
attachments, lighting brackets, and ladder brackets;
(2) Replacement of components such as valves, vents, and fittings
with a component of a similar design and of the same size; and
(3) Replacement of an appurtenance by welding to a mounting pad.
* * * * *
Set pressure means the pressure of the pressure relief device or
system at which it starts to open, allowing discharge.
* * * * *
0
126. In Sec. 180.405:
0
a. Add paragraphs (b)(3);
0
b. Revise paragraphs (c)(2);
0
c. Add paragraphs (c)(3) and (4);
0
d. Revise paragraphs (h)(3), and (j); and
0
e. Add paragraph (p).
The revisions and additions read as follows:
Sec. 180.405 Qualification of cargo tanks.
* * * * *
(b) * * *
(3) Replacement of missing specification plates. (i) The
replacement of cargo tank and cargo tank motor vehicle specification
plates required by this subchapter may be performed by the original
manufacturer, or by a Registered Inspector who has been given necessary
information by the original cargo tank or cargo tank motor vehicle
manufacturer, provided the cargo tank motor vehicle owner has the
paperwork documenting the traceability of the specification of the
cargo tank or cargo tank motor vehicle.
(ii) If the original manufacturer has been purchased by another
entity, and that entity has sufficient paperwork documenting the
manufacture of that cargo tank or cargo tank motor vehicle, the entity
may apply a replacement specification plate or provide instructions to
a Registered Inspector to apply the replacement specification plate.
(iii) If the original manufacturer is no longer in business, or the
paperwork documenting the traceability of the specification of the
cargo tank or cargo tank motor vehicle is not available, the cargo tank
or cargo tank motor vehicle is no longer an authorized specification
packaging for hazardous materials transportation. See Sec. 180.405(j).
(iv) The cargo tank motor vehicle owner shall retain, and make
available to a representative of the Department upon request, all
documentation proving the traceability of the cargo tank manufacturer
or cargo tank motor vehicle manufacturer, as applicable, until the
cargo tank or cargo tank motor vehicle is permanently rendered no
longer capable of retaining lading, and for one year thereafter.
(c) * * *
(2) A cargo tank motor vehicle of a specification listed in
paragraph (c)(1) of this section may have its pressure relief devices
and outlets modified in accordance with paragraph (h) of this section
and Sec. 173.33(d) of this subchapter.
(3) A cargo tank motor vehicle manufactured and certified prior to
the dates listed in table 1 or table 2 of this section may be mounted
on a different truck chassis provided the mounting and certification is
performed in accordance with this subchapter.
* * * * *
(h) * * *
(3) As provided in paragraph (c)(2) of this section, and in Sec.
173.33(d) of this subchapter, the owner of a cargo tank motor vehicle
may elect to modify reclosing pressure relief devices to more current
cargo tank specifications. However, replacement devices constructed to
the requirements of Sec. 178.345-10 of this subchapter must provide
the minimum venting capacity required by the original specification to
which the cargo tank was designed and constructed.
* * * * *
(j) Withdrawal of certification. A specification cargo tank that
for any reason no longer meets the applicable specification may not be
used to transport hazardous materials unless the cargo tank is repaired
and retested in accordance with Sec. Sec. 180.407 and 180.413
[[Page 85678]]
prior to being returned to hazardous materials service. If the cargo
tank motor vehicle is not in conformance with the applicable
specification requirements, the specification plate must be removed,
obliterated, or securely covered. The method of covering must withstand
conditions normally incident to transportation. The details of the
conditions necessitating withdrawal of the certification must be
recorded and signed on the Certificate of Compliance for that cargo
tank. The vehicle owner shall retain the Certificate of Compliance for
at least one year after withdrawal of the certification.
* * * * *
(p) Visual Inspection of Remote Device. At the next external visual
inspection after [DATE OF EFFECTIVE DATE], each specification cargo
tank motor vehicle equipped with a mechanical means of remote closure
shall be inspected to ensure that access or means of manual operation
is not obstructed by equipment or appurtenances. The remote closure
device may not be in the driver's cab and must be as far forward on the
cargo tank as practicable. Any manually operated remote closure device
not in compliance with this paragraph must be repaired prior to passing
the external visual inspection.
0
127. In Sec. 180.407, revise paragraphs (a), (b)(1), (b)(3), (b)(5),
(c) introductory text, (d), (f) introductory text, (f)(2), (f)(3),
(g)(1)(ii), (g)(1)(iii), (g)(1)(viii), (g)(3), (g)(6), (h), (i)(4)(v),
(i)(6)(i) and (i)(6)(ii) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
(a) General. (1) A cargo tank motor vehicle constructed in
accordance with a DOT specification or otherwise required by this
subchapter to comply with this subpart, for which a test or inspection
specified in this section has become due, may not be filled and offered
for transportation or transported until the test or inspection has been
successfully completed. This paragraph does not apply to any cargo tank
filled prior to the test or inspection due date and offered for
transportation or transported after the test or inspection due date
(see Sec. 173.33(a)(3) of this subchapter).
(2) Except during a pressure test, a cargo tank may not be
subjected to a pressure greater than the design pressure or MAWP marked
on the name plate or certification plate.
(3) A person witnessing or performing a test or inspection
specified in this section must meet the minimum qualifications
prescribed in Sec. 180.409.
(4) Each cargo tank must be evaluated in accordance with the
acceptable results of tests and inspections prescribed in Sec.
180.411.
(5) Each cargo tank motor vehicle that has successfully passed a
test or inspection specified in this section must be marked in
accordance with Sec. 180.415.
(6) A cargo tank motor vehicle that has not been properly inspected
or fails a prescribed test or inspection must:
(i) Be repaired and retested in accordance with Sec. 180.413; or
(ii) Be removed from hazardous materials service and the
specification plate removed, obliterated, or covered in a secure
manner. The method of covering must at a minimum withstand conditions
normally incident to transportation.
(7) All equipment and instruments required to be used to perform a
function under part 180 subpart E must be calibrated in accordance with
the manufacturer's instructions. The facility must retain records
documenting the type of calibration, date calibrated, and who performed
the calibration. The facility must retain a copy of documentation of
the two most recent calibrations, which must be made available to a
representative of the Department upon request.
(8) The use of video cameras or fiber optics equipment is
authorized for any test or inspection, or portion thereof, provided all
the required areas and elements can be viewed and evaluated according
to this part 180 subpart E. The use of such equipment shall be
documented on the report required by Sec. 180.417.
(9) For any test or inspection that requires a cargo tank motor
vehicle to be tested at a pressure greater than 50 psig, the
hydrostatic method shall be used, except for MC 338 cargo tanks used to
transport cryogenic liquids. In all pressure and leakage tests,
suitable safeguards must be provided to protect personnel should a
system failure occur.
(10) The Registered Inspector shall consult with the owner or motor
carrier, as appropriate, to determine if materials corrosive or
reactive to the cargo tank or its components were transported in the
cargo tank motor vehicle since the last test or inspection was
performed. The Registered Inspector shall indicate whether the cargo
tank motor vehicle transported a material corrosive or reactive to the
cargo tank or its components on the Sec. 180.415 report, and use this
information to determine the proper tests and inspections to be
conducted on the cargo tank motor vehicle.
(11) For all tests or inspections subject to this subpart, all
sources of spark, flame, or glowing heat within the area of enclosure
(including any heating system drawing air therefrom) are extinguished,
made inoperable, or rendered explosion-proof by a suitable method prior
to the tests or inspections being performed.
(b) * * *
(1) The cargo tank shows evidence of dents, cuts, gouges, bulges,
corroded or abraded areas, leakage, or any other condition that might
render it unsafe for hazardous materials service. At a minimum, any
area of a cargo tank showing evidence of dents, cuts, digs, gouges,
bulges, or corroded or abraded areas must be thickness tested in
accordance with the procedures set forth in paragraphs (i)(2), (i)(3),
(i)(5), (i)(6), (i)(9), and (i)(10) of this section; and evaluated in
accordance with the criteria prescribed and minimum thickness
definition in Sec. Sec. 178.320 and 180.411 of this subchapter,
respectively. Any signs of leakage must be repaired. All repairs must
be performed in accordance with Sec. 180.413. The suitability of any
repair affecting the structural integrity of the cargo tank must be
determined either by the testing required in the applicable
manufacturing specification or in paragraph (g)(1)(iv) of this section.
* * * * *
(3) The cargo tank motor vehicle has been out of hazardous
materials transportation service for a period of one year or more. For
each cargo tank motor vehicle that has been out of hazardous materials
transportation service for a period of one year or more, a pressure
test in accordance with Sec. 180.407(g) must be conducted prior to
further use in hazardous materials transportation.
* * * * *
(5) The Department so requires based on the objectively reasonable
and articulable belief that the cargo tank is in an unsafe operating
condition.
(c) Periodic test and inspection. Each cargo tank motor vehicle
subject to this subpart must be tested and inspected as specified in
the following table by a Registered Inspector meeting the
qualifications in Sec. 180.409. The retest date shall be determined
from the specified interval identified in the following table from the
most recent inspection completed in accordance with the requirements in
part 180 or the cargo tank motor vehicle certification date.
* * * * *
(d) External visual inspection and testing. The following applies
to the
[[Page 85679]]
external visual inspection and testing of cargo tanks:
(1) Where insulation, or coverings such as wrappings and coatings,
precludes a complete external visual inspection as required by
paragraphs (d)(2) through (d)(6) of this section, the cargo tank also
must be given an internal visual inspection in accordance with
paragraph (e) of this section. If external visual inspection is
precluded because any part of the cargo tank wall is externally lined,
coated, or designed to prevent an external visual inspection, those
areas of the cargo tank must be internally inspected. If internal
visual inspection is precluded because the cargo tank is lined, coated,
or designed so as to prevent access for internal inspection, the tank
must be hydrostatically or pneumatically tested in accordance with
paragraph (g)(1)(iv) of this section. Those items able to be externally
inspected must be externally inspected and noted in the inspection
report.
(2) The external visual inspection and testing must include as a
minimum the following:
(i) The tank shell and heads must be inspected for corroded or
abraded areas, dents, distortions, and defects in welds, and evaluated
in accordance with Sec. 180.411. During the inspection of the cargo
tank shell and heads, all pad attachments on either the cargo tank
shell or head shall be inspected for method of attachments and any
other conditions that might render the appurtenance as unsafe;
(ii) The piping system, which includes piping, flexible connectors,
valves, and gaskets, must be carefully inspected for corroded areas,
defects in welds, and other conditions, including leakage, that might
render the tank unsafe for transportation service;
(iii) All devices for tightening manhole covers must be operative
and there must be no evidence of leakage at manhole covers or gaskets;
(iv) All emergency devices and valves, including self-closing stop
valves, excess flow valves, and remote closure devices, including all
emergency discharge control systems and delivery hoses required by
Sec. 173.315(n), must be inspected for corrosion, distortion, erosion,
and any external damage that will prevent safe operation. All emergency
closure devices and self-closing stop valves must be operated to
demonstrate proper functioning. The distance for testing non-mechanical
remote shutoff devices must be in accordance with the original device
manufacturer's specification;
(v) Missing bolts, nuts and fusible links or elements must be
replaced, and loose bolts and nuts must be tightened;
(vi) All markings on the cargo tank required by parts 172, 178, and
180 of this subchapter must be legible;
(vii) [Reserved]
(viii) All appurtenances and structural attachments on the cargo
tank including, but not limited to, suspension system attachments,
connecting structures, and those elements of the upper coupler
(including the king pin) assembly that can be inspected without
dismantling the upper coupler assembly must be inspected for any
corrosion or damage that might prevent safe operation;
(ix) For cargo tank motor vehicles transporting lading corrosive to
the cargo tank, areas covered by the upper coupler assembly must be
inspected at least once in each two-year period for corroded and
abraded areas, dents, distortions, defects in welds, and any other
condition that might render the tank unsafe for transportation service.
The upper coupler assembly must be removed from the cargo tank for this
inspection except when the upper coupler allows for a complete
inspection of the area of the cargo tank that is directly above the
upper coupler, and the inspection is conducted by directly viewing the
cargo tank. Directly viewing means the area is inspected without the
use of an aid, such as mirrors, cameras, or fiber optics. If the upper
coupler is removed from the cargo tank motor vehicle, it must be
reattached in accordance with the manufacturer's instructions and Sec.
393.70.
(3) For reclosing pressure relief devices, the following applies:
(i) All reclosing pressure relief devices must be externally
inspected for any corrosion or damage that might prevent safe
operation.
(ii) All reclosing pressure relief devices on cargo tank motor
vehicles carrying lading corrosive to the pressure relief device must
be removed from the cargo tank motor vehicle for inspection and bench
testing in accordance with paragraph (j) of this section.
(4) Ring stiffeners or appurtenances, installed on cargo tank motor
vehicles constructed of mild steel or high-strength, low-alloy steel,
that create air cavities adjacent to the tank shell that do not allow
for external visual inspection must be thickness tested in accordance
with paragraphs (i)(2) and (i)(3) of this section, at least once every
two years. At least four symmetrically distributed readings must be
taken to establish an average thickness for the ring stiffener or
appurtenance. If any thickness reading is less than the average
thickness by more than 10 percent, thickness testing in accordance with
paragraphs (i)(2) and (i)(3) of this section must be conducted from the
inside of the cargo tank on the area of the tank wall covered by the
ring stiffener or appurtenance.
(5) Corroded or abraded areas of the cargo tank wall must be
thickness tested in accordance with the procedures set forth in
paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of this
section.
(6) The gaskets on any full opening rear head must be:
(i) Visually inspected for cracks or splits caused by weather or
wear; and
(ii) Replaced if cuts or cracks that are likely to cause leakage,
or are of a depth \1/2\ inch or more, are found.
(7) External ring stiffeners installed on cargo tank motor vehicles
must be inspected for corrosion, pitting, abraded areas, or damage, and
repaired as appropriate.
(8) Welded repairs on the cargo tank wall must be inspected for
leakage and weld defects. The Registered Inspector must verify that the
welded repair was done in accordance with Sec. 180.413.
(9) The inspector must record the results of the external visual
examination as specified in Sec. 180.417(b).
* * * * *
(f) Lining inspection. When lining is required by this subchapter,
the integrity of the cargo tank lining must be verified at least once
each year as follows:
* * * * *
(2) For linings made of materials other than rubber (elastomeric
material), the owner of the cargo tank motor vehicle must obtain
documentation from the lining manufacturer or installer that specifies
the proper procedure for the lining inspection. This documentation must
be provided to the Registered Inspector before inspection.
(3) Degraded or defective areas of the cargo tank lining must be
removed and the cargo tank wall below the defect must be inspected.
Corroded areas of the tank wall must be thickness tested in accordance
with paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of
this section. If the degraded or defective areas of the cargo tank
lining are repaired or if the lining is replaced, it must comply with
lining manufacturer or installer procedures, subject to the lining
requirements of this subchapter.
* * * * *
(g) * * *
(1) * * *
(ii) All self-closing pressure relief devices, including emergency
relief
[[Page 85680]]
devices and normal vent devices, must be removed from the cargo tank
motor vehicle for inspection and bench testing in accordance with
paragraph (j) of this section.
(iii) Except for cargo tank motor vehicles carrying lading
corrosive to the cargo tank, areas covered by the upper coupler
assembly must be inspected for corroded and abraded areas, dents,
distortions, defects in welds, and any other condition that might
render the tank unsafe for transportation service. The upper coupler
assembly must be removed from the cargo tank for this inspection except
when the upper coupler allows for a complete inspection of the area of
the cargo tank that is directly above the upper coupler, and the
inspection is conducted by directly viewing the cargo tank. Directly
viewing means the area is inspected without the use of an aid, such as
mirrors, cameras, or fiber optics. If the upper coupler is removed from
the cargo tank, it must be reattached in accordance with the
manufacturer's instructions and Sec. 393.70.
* * * * *
(viii) Hydrostatic test method. Each cargo tank must be filled with
water or other liquid having similar viscosity, at a temperature not
exceeding 100 [deg]F. The cargo tank must then be pressurized as
specified in paragraph (g)(1)(iv) of this section. The cargo tank,
including its closures, must hold the prescribed test pressure for at
least 10 minutes during which time it shall be inspected for leakage,
bulging or any other defect.
* * * * *
(3) Each MC 330 and MC 331 cargo tank constructed of quenched and
tempered steel in accordance with Part UHT in Section VIII of the ASME
Code (IBR, see Sec. 171.7 of this subchapter), or constructed of other
than quenched and tempered steel but without postweld heat treatment,
and used for the transportation of anhydrous ammonia or any other
hazardous materials that may cause corrosion stress cracking, must be
internally inspected by the wet fluorescent magnetic particle method
immediately prior to and in conjunction with the performance of the
pressure test prescribed in this section. Each MC 330 and MC 331 cargo
tank constructed of quenched and tempered steel in accordance with Part
UHT in Section VIII of the ASME Code and used for the transportation of
liquefied petroleum gas must be internally inspected by the wet
fluorescent magnetic particle method immediately prior to and in
conjunction with the performance of the pressure test prescribed in
this section. The wet fluorescent magnetic particle inspection must be
in accordance with Section V of the ASME Code and CGA Technical
Bulletin P-26 (formerly TB-2) (IBR, see Sec. 171.7 of this
subchapter). This paragraph does not apply to cargo tanks that do not
have manholes. (See Sec. 180.417(c) for reporting requirements.)
* * * * *
(6) Acceptance criteria. A cargo tank motor vehicle that leaks,
fails to retain test pressure, shows distortion, or displays other
evidence of weakness that might render the cargo tank motor vehicle
unsafe for transportation service may not be returned to service,
except as follows: A cargo tank motor vehicle with a heating system
that does not hold pressure may remain in service as an unheated cargo
tank motor vehicle if:
* * * * *
(h) Leakage test. The following requirements apply to cargo tanks
requiring a leakage test:
(1) Each cargo tank must be tested for leaks in accordance with
paragraph (c) of this section. The leakage test must include all
components of the cargo tank wall, and the piping system with all
valves and pressure relief devices in place and operative, except that
any pressure relief devices set to discharge at less than the leakage
test pressure must be removed or rendered inoperative during the test.
All internal or external self-closing stop valves must be tested for
leak tightness. Each cargo tank of a multi-cargo tank motor vehicle
must be tested with adjacent cargo tanks empty and at atmospheric
pressure. Test pressure must be maintained for at least five minutes.
Cargo tanks in liquefied compressed gas service must be externally
inspected for leaks during the leakage test. Suitable safeguards must
be provided to protect personnel should a failure occur. Cargo tanks
may be leakage tested with hazardous materials contained in the cargo
tank during the test. Leakage test pressure must be no less than 80
percent of MAWP marked on the specification plate except as follows:
(i) A cargo tank motor vehicle with an MAWP of 690 kPa (100 psig)
or more may be leakage tested at its maximum normal operating pressure
provided it is in dedicated service or services.
(ii) A specification MC 330 or MC 331 cargo tank motor vehicle or a
non-specification cargo tank motor vehicle authorized under Sec.
173.315(k) of this subchapter in dedicated liquefied petroleum gas
service may be leakage tested at not less than 414 kPa (60 psig).
(iii) An operator of a specification MC 330 or MC 331 cargo tank
motor vehicle, or a non-specification cargo tank authorized under Sec.
173.315(k) of this subchapter, equipped with a meter may check leak
tightness of the internal self-closing stop valve by conducting a meter
creep test. (See Appendix B to this part.).
(iv) A specification MC 330 or MC 331 cargo tank motor vehicle in
dedicated service for anhydrous ammonia may be leakage tested at not
less than 414 kPa (60 psig).
(v) A non-specification cargo tank required by Sec. 173.8(d) of
this subchapter to be leakage tested must be leakage tested at not less
than 16.6 kPa (2.4 psig), or as specified in paragraph (h)(2) of this
section.
(2) Cargo tank motor vehicles used to transport petroleum
distillate fuels that are equipped with vapor collection equipment may
be leak tested in accordance with the Environmental Protection Agency's
``Method 27--Determination of Vapor Tightness of Gasoline Delivery Tank
Using Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR part
60. Test methods and procedures, and maximum allowable pressure and
vacuum changes, are in 40 CFR 63.425(e). The hydrostatic test
alternative, using liquid in Environmental Protection Agency's ``Method
27--Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing
requirements of this paragraph. The test must be conducted using air.
(3) A cargo tank motor vehicle that has leaks or fails to retain
leakage test pressure may not be returned to service until repaired as
required by this subpart.
(4) Registered Inspectors conducting a leakage test on
specification MC 330 and MC 331 cargo tank motor vehicles, and non-
specification cargo tank motor vehicles authorized under Sec.
173.315(k) of this subchapter, must visually inspect the delivery hose
assembly and piping system, including any delivery hose assembly used
to meet Sec. 173.315(n), while the assembly is under leakage test
pressure utilizing the rejection criteria listed in Sec. 180.416(g).
The test pressure of the delivery hose assembly must be at least 80
percent of the MAWP of the cargo tank. Delivery hose assemblies not
permanently attached to the cargo tank motor vehicle may be inspected
and tested while not attached to the cargo tank motor vehicle. In
addition to a written record of the inspection prepared in accordance
with Sec. 180.417(b), the Registered Inspector conducting the test
must note the hose identification number, the date of the test, and the
condition of the hose assembly and piping system tested.
[[Page 85681]]
(5) The inspector must record the results of the leakage test as
specified in Sec. 180.417(b).
(i) * * *
(4) * * *
(v) Areas around shell reinforcements including around all ring
stiffeners and those areas in the bottom half of the cargo tank;
* * * * *
(6) * * *
(i) A Design Certifying Engineer must certify that the cargo tank
design and thickness are appropriate for the reduced loading conditions
by issuance of a revised manufacturer's certificate. The DCE must
provide this revised certificate to the cargo tank motor vehicle owner,
and
(ii) The cargo tank motor vehicle's name plate or certification
plate must reflect the revised service limits.
* * * * *
0
128. In Sec. 180.409:
0
a. Revise paragraph (a) introductory text; and
0
b. Add paragraph (a)(4).
The revision and addition read as follows:
Sec. 180.409 Minimum qualifications for inspectors and testers.
(a) A person performing or witnessing the inspections and tests
specified in this subpart must--
* * * * *
(4) Meet the training requirements of part 172 subpart H.
* * * * *
0
129. In Sec. 180.411:
0
a. Revise paragraphs (b) introductory text, (b)(1), and (g)
introductory text; and
0
b. Add paragraph (h).
The revisions and addition read as follows:
Sec. 180.411 Acceptable results of tests and inspections.
* * * * *
(b) Dents, cuts, digs, bulges, and gouges. For evaluation
procedures, see CGA C-6 (IBR, see Sec. 171.7 of this subchapter).
(1) For dents or bulges at welds or that include a weld, the
maximum allowable depth is \1/2\ inch. For dents or bulges away from
welds, the maximum allowable depth is \1/10\ of the greatest dimension
of the dent, but in no case may the depth exceed one inch.
* * * * *
(g) Pressure test. Any cargo tank that fails to meet the acceptance
criteria found in the individual specification that applies must be
properly repaired.
(h) Conditions requiring removal from service. (1) If the
Registered Inspector determines that a cargo tank motor vehicle, for
any reason, does not meet the applicable design specification, the
qualification requirements of Sec. 180.405, or fails any test or
inspection required by this subpart, it may not be represented as a DOT
specification cargo tank motor vehicle.
(2) The cargo tank motor vehicle shall not be used in specification
service until it is in compliance with the specification requirements
and has been successfully tested and inspected as required by Sec.
180.407(c) of this subpart.
0
130. In Sec. 180.413, revise paragraph (b)(6) to read as follows:
Sec. 180.413 Repair, modification, stretching, rebarrelling, or
mounting of specification cargo tanks.
* * * * *
(b) * * *
(6) MC 330 and MC 331 cargo tanks must be repaired in accordance
with the repair procedures described in CGA Technical Bulletin P-26
(formerly TB-2) (IBR, see Sec. 171.7 of this subchapter) and the
National Board Inspection Code (IBR, see Sec. 171.7 of this
subchapter). Each cargo tank having cracks or other defects requiring
welded repairs must meet all inspection, test, and heat treatment
requirements in Sec. 178.337-16 of this subchapter in effect at the
time of the repair, except that postweld heat treatment after minor
weld repairs is not required. When a repair is made of defects revealed
by the wet fluorescent magnetic particle inspection, including those
repaired by grinding, the affected area of the cargo tank must again be
examined by the wet fluorescent magnetic particle method after
hydrostatic testing to assure that all defects have been removed.
* * * * *
0
131. In Sec. 180.415, revise paragraph (b) introductory text to read
as follows:
Sec. 180.415 Test and inspection markings.
* * * * *
(b) Each cargo tank must be durably and legibly marked, in English,
with the date (month and year), the type of test or inspection
performed, and if not already marked on the cargo tank, the
registration number, as required by part 107, subpart F, of this
chapter, of the person performing the test or inspection, subject to
the following provisions:
* * * * *
0
132. In Sec. 180.416, revise paragraphs (a), (b), (c), (f)
introductory text, and (f)(3) to read as follows:
Sec. 180.416 Discharge system inspection and maintenance program for
cargo tanks transporting liquefied compressed gases.
(a) Applicability. This section is applicable to an operator using
specification MC 330, MC 331, and non-specification cargo tank motor
vehicles authorized under Sec. 173.315(k) of this subchapter for
transportation of liquefied compressed gases other than carbon dioxide.
Paragraphs (b), (c), (d)(1), (d)(5), (e), (f), and (g)(1) of this
section, applicable to delivery hose assemblies, apply only to hose
assemblies installed or carried on the cargo tank.
(b) Hose identification. The operator must assure that each
delivery hose assembly is permanently marked with a unique
identification number and maximum working pressure.
(c) Post-delivery hose check. After each unloading, the operator
must visually check that portion of the delivery hose assembly deployed
during the unloading using the rejection criteria identified in
paragraph (g) of this section.
* * * * *
(f) New or repaired delivery hose assemblies. Each operator of a
cargo tank motor vehicle must ensure each new and repaired delivery
hose assembly is tested at a minimum of 120 percent of the hose maximum
working pressure.
* * * * *
(3) The operator must complete a record documenting the test and
inspection, including the date, the signature of the inspector, the
hose owner, the hose identification number, the date of original
delivery hose assembly and test, notes of any defects observed and
repairs made, and an indication that the delivery hose assembly passed
or failed the tests and inspections. A copy of each test and inspection
record must be retained by the operator at its principal place of
business or where the vehicle is housed or maintained until the next
test of the same type is successfully completed.
* * * * *
0
133. In Sec. 180.501, revise paragraph (b) to read as follows:
Sec. 180.501 Applicability
* * * * *
(b) This subpart also establishes the minimum acceptable framework
for an owner's qualification and maintenance program for tank cars and
components. Owners should follow this subpart in developing their
written procedures (work instructions), as required under Sec.
179.7(d), for use by tank car facility employees. The owner's
qualification
[[Page 85682]]
and maintenance program for each tank car, or a fleet of tank cars,
must identify where to inspect, how to inspect, and the acceptance
criteria. Alternative inspection and test procedures or intervals based
on a damage-tolerance analysis or service reliability assessment must
be approved by the Associate Administrator for Railroad Safety in
accordance with Sec. 180.509(l). Tank car facilities must incorporate
the owner's qualification and maintenance program in their quality
assurance program, as required under Sec. 179.7(a)(2), (b)(3), (b)(5),
and (d).
* * * * *
0
134. In Sec. 180.503, revise the definitions of ``coating/lining
owner'', ``maintenance'', ``modification'', the first sentence of
``qualification'', ``service equipment'', ``service equipment owner'',
and ``tank car owner'' to read as follows:
Sec. 180.503 Definitions.
* * * * *
Coating/lining owner means the person responsible for the
development or approval, and execution of the qualification and
maintenance program for the coating/lining.
* * * * *
Maintenance means performance of functions including repairs,
necessary and appropriate to ensure an in-operation tank car's
specification until its next qualification.
Modification means any change to a tank car that affects the Design
Approval Certificate prescribed in Sec. 179.5 or the certificate of
construction for tank cars manufactured prior to [DATE ONE YEAR FROM
EFFECTIVE DATE], including an alteration prescribed in Sec. 179.6, or
conversion.
* * * * *
Qualification, as relevant to a tank car, means the car and its
components conforms to the specification to which it was designed,
manufactured, or modified to the requirements of this subpart, to the
approved design, and to the owner's acceptance criteria. * * *
* * * * *
Service equipment means pressure or lading retaining equipment
including but not limited to:
(1) Pressure relief devices;
(2) Valves;
(3) Closures;
(4) Fittings;
(5) Manway covers;
(6) Fill-hole covers;
(7) Vents;
(8) Sampling equipment;
(9) Vacuum relief equipment;
(10) Devices used for measuring the amount of lading and/or lading
temperature;
(11) Devices used for flow restriction;
(12) Interior heating systems; or
(13) Other devices used for loading and unloading (e.g., siphon
pipe).
Service equipment owner means the person responsible for the
development or approval, and execution of the qualification and
maintenance program for the service equipment.
Tank car owner means the person responsible for the development or
approval, and execution of the qualification and maintenance program
for the tank car.
* * * * *
0
135. In Sec. 180.509, revise paragraphs (i)(1) and (k)(2) to read as
follows:
Sec. 180.509 Requirements for inspection and test of specification
tank cars.
* * * * *
(i) * * *
(1) At a minimum, the owner of an internal coating or lining
applied to protect a tank used to transport a material that is
corrosive or reactive to the tank must ensure an inspection adequate
enough to detect defects or other conditions that could reduce the
design level of reliability and safety of the tank is performed. In
addition, the owner of a coating or lining of tank cars used to
transport hazardous materials corrosive or reactive to the tank must
ensure the lining complies with Sec. Sec. 173.24(b)(2) and (b)(3) of
this subchapter.
* * * * *
(k) * * *
(2) Service equipment, including reclosing pressure relief devices
and interior heater systems, must conform to the applicable provisions
of Appendix D of the AAR Specifications for Tank Cars (IBR, see Sec.
171.7 of this subchapter).
* * * * *
0
136. In Sec. 180.513, revise paragraph (b) to read as follows:
Sec. 180.513 Repairs, alterations, conversions, and modifications.
* * * * *
(b) Responsibilities of Tank Car Facility. A tank car facility must
obtain the permission of the equipment owner before performing work
affecting alteration, conversion, repair, or qualification of the
owner's equipment. For the purposes of qualification and maintenance,
the tank car facility must use the written instructions furnished by
the owner and have written confirmation from the owner allowing the use
of written instructions furnished by the owner; or have written
confirmation from the owner allowing the use of written instructions
furnished by another. A tank car facility must not use, copy,
distribute, forward, or provide to another person the owner's
confidential and proprietary written instructions, procedures, manuals,
and records without the owner's permission. A tank car facility must
report all work performed to the owner. The tank car facility must also
report observed damage, deterioration, failed components, or non-
compliant parts to the owner. A tank car facility must incorporate the
owner's qualification and maintenance program into their own Quality
Assurance Program.
* * * * *
0
137. In Sec. 180.517:
0
a. Revise paragraphs (a) and (b)(8); and
0
b. Add paragraph (b)(9).
The revisions and addition read as follows:
Sec. 180.517 Reporting and record retention requirements.
(a) Certification and representation. Each owner of a specification
tank car must retain the Design Approval Certificate or the certificate
of construction (AAR Form 4-2) for a specification tank car
manufactured prior to [DATE ONE YEAR FROM EFFECTIVE DATE] and related
qualification reports certifying that the manufacture or maintenance of
the specification tank car identified in the documents is in accordance
with the applicable specification. The qualification reports generated
by the tank car facility and the marking of the tank car with the tank
specification is the representation that all of the appropriate
inspections and tests were successfully performed to qualify the tank
for use in accordance with the current Design Approval Certificate or
certificate of construction (AAR Form 4-2), as appropriate. These
documents must be maintained for the life of the tank car. Each owner
of a specification tank car must retain the documents throughout the
period of ownership of the specification tank car and for one year
thereafter. Upon a change of ownership, the Design Approval Certificate
or certificate of construction (AAR Form 4-2), as applicable, and all
applicable documents as prescribed in Section 1.3.15 of the AAR
Specifications for Tank Cars (IBR, see Sec. 171.7 of this subchapter)
must be provided to the new tank car owner. A tank car facility
performing work on the car may retain copies of relevant records in
accordance with Sec. 179.7(b)(12).
(b) * * *
(8) The unique code (station stencil) identifying the facility; and
(9) Tank car facility registration number(s) (see Sec. 107.905 of
this chapter).
[[Page 85683]]
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138. In Appendix D to part 180, revise the second paragraph to read as
follows:
Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or
Service Equipment
* * * * *
While every effort was made to identify materials deemed
corrosive to the tank or service equipment, owners and operators are
cautioned that this list may not be inclusive. Tank car owners and
operators are reminded of their duty to ensure that no in-service
tank will deteriorate below the specified minimum thickness
requirements in this subchapter. See Sec. 180.509(f)(3). In
addition, FRA states a tank car owner must designate an internal
coating or lining appropriately based on its knowledge of the
chemical and not rely simply on this list. Regarding future
thickness tests, this list may also be modified based on an analysis
of the test results by the car owner or the Department of
Transportation.
* * * * *
Issued in Washington, DC on October 4, 2024, under authority
delegated in 49 CFR part 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2024-23421 Filed 10-25-24; 8:45 am]
BILLING CODE 4910-60-P