[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Rules and Regulations]
[Pages 26455-26459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11436]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 172, 173, 174, 179, and 180
[Docket No. PHMSA-2018-0025 (HM-264)]
RIN 2137-AF40
Hazardous Materials: Liquefied Natural Gas by Rail
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notification of conforming amendments.
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SUMMARY: PHMSA, in coordination with the Federal Railroad
Administration, is amending the Hazardous Materials Regulations in
response to the recent decision of the United States Court of Appeals
for the District of Columbia Circuit in Sierra Club, et al. v. DOT, et
al., No. 20-1317 (Jan. 17, 2025).
DATES: These amendments are effective as of June 23, 2025.
FOR FURTHER INFORMATION CONTACT: Ryan Larson, Transportation
Specialist, by phone at 202-366-8553 or email at [email protected],
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.
SUPPLEMENTARY INFORMATION:
I. Background
On July 24, 2020, PHMSA, in consultation with the Federal Railroad
Administration (FRA) issued a final rule to amend the Hazardous
Materials Regulations (HMR) to authorize the transportation of LNG in a
new DOT-113C120W9 tank car and adopted additional operational controls
for the safe movement of LNG by rail, effective as of August 24, 2020
(LNG by Rail Rule).\1\ On August 18, 2020, several stakeholder groups
filed petitions for judicial review of the LNG by Rail Rule. The
petitioners challenged the legality of PHMSA's action on various
grounds, including for failing to comply with the National
Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The United
States Court of Appeals for the District of Columbia Circuit (D.C.
Circuit) later consolidated each of the petitions into a single case
captioned as Sierra Club, et al. v. DOT, et al. (Case No. 20-1317).\2\
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\1\ PHMSA, Hazardous Materials: Final Rule--Liquefied Natural
Gas by Rail, 85 FR 44994 (July 24, 2020) (the ``July 2020 final
rule''). The design of the DOT-113C120W9 tank car included enhanced
safety features, such as a thicker, stronger outer tank.
\2\ Sierra Club, et al. v. U.S. Department of Transportation,
Case No. 20-1317 (D.C. Cir. filed Aug. 18, 2020) (consolidated with
Nos. 20-1318, 20-1431, & 21-1009).
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On January 17, 2025, the D.C. Circuit issued a decision on the
merits of the consolidated petitions.\3\ The D.C. Circuit held that
PHMSA violated NEPA by failing to prepare an environmental impact
statement during the rulemaking process. Accordingly, the D.C. Circuit
vacated the LNG by Rail Rule in its entirety and remanded the matter to
PHMSA for further proceedings.
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\3\ Sierra Club, et al. v. DOT, et al., Case No. 20-1317, 125
F.4th 1170 (D.C. Cir. 2025).
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II. Amendments
PHMSA is adopting conforming amendments to the HMR to address the
D.C. Circuit's decision in Sierra Club, et al. v. DOT, et al. (Case No.
20-1317) (Jan. 17, 2025). These conforming amendments are intended to
restore the text of the HMR to the version that existed prior to the
effective date of the LNG by Rail Rule. No other regulatory changes are
being adopted. Accordingly, the text of the following sections will
revert to the version in effect prior to August 24, 2020: 49 CFR
172.101, 172.102, 172.820, 173.319, 179.400-5, and 179.400-8. The text
of sections that did not exist prior to the LNG by Rail Rule, including
Sec. Sec. 174.200(d), 179.400-26, and 180.515(d), will be deleted in
its entirety.
These conforming amendments do not affect the provisions in the HMR
that authorize the transportation of LNG by highway, vessel, or by rail
in UN T75 portable tanks. Nor do the conforming amendments prohibit
interested stakeholders from seeking a special permit to authorize the
transportation of LNG in rail tank cars in appropriate cases, or from
using DOT-113C120W9 specification rail tank cars to transport hazardous
materials in circumstances where that is already permitted under the
HMR. PHMSA remains committed to facilitating the safe, reliable, and
efficient transportation of LNG by rail and to expanding the use of
DOT-113C120W9 specification rail tank cars in transporting other
hazardous materials.
PHMSA further notes that it recently issued an Advance Notice of
Proposed Rulemaking (ANPRM), titled ``Hazardous Materials: Mandatory
Regulatory Reviews to Unleash American Energy and Improve Government
Efficiency,'' in a separate rulemaking docket.\4\ That ANPRM solicits
stakeholder feedback on opportunities to repeal or amend any provisions
in the HMR that place an undue burden on the identification,
development, and use of domestic energy resources consistent with
President Trump's recent directive in E.O. 14154 (``Unleashing American
Energy'' \5\). The ANPRM also specifically requests information
regarding potential industry demand to transport LNG and other
cryogenic liquids by rail tank car. PHMSA encourages any stakeholders
who are interested in advancing the transportation of LNG and other
hazardous materials by rail to participate in that proceeding. PHMSA is
aware of at least one tank car manufacturer that has produced tank cars
built to the DOT-113C120W9 specification for use with non-LNG cryogenic
materials. This notice of conforming amendments removes the DOT-
113C120W9 specification from the HMR. PHMSA notes that stenciling of
those and other tank cars must, pursuant to Sec. 179.22(a), reflect
current HMR tank car specifications.
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\4\ 90 FR 23656, (Jun. 4, 2025).
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III. Regulatory Analyses and Notices
A. Statutory/Legal Authority and Good Cause for Immediate Adoption
Without Prior Notice and Comment
Statutory authority for this final rule is provided by the
Hazardous Materials Transportation Act (HMTA, 49 U.S.C. 5101 et seq.).
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.'' Id. The Secretary has delegated his rulemaking authority
under the HMTA to the PHMSA Administrator at 49 CFR 1.97(b).
PHMSA has good cause to issue this final rule without providing
notice and comment pursuant to Sec. 553(b)(B) of the Administrative
Procedure Act (APA, 5 U.S.C. 551 et seq.). The final rule contains
conforming amendments required by the D.C. Circuit's vacatur of
[[Page 26456]]
the LNG by Rail Rule.\6\ Because this action is compelled by the D.C.
Circuit decision, PHMSA finds that notice and opportunity for public
comment are unnecessary under Sec. 553(b)(B) of the APA.
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\6\ EME Homer City Generation, LP v. EPA, 795 F.3d 118, 134-35
(D.C. Cir. 2015) (internal quotations omitted).
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PHMSA also finds good cause for making these conforming amendments
immediately effective. Section 553(d)(3) of the APA provides that a
rule should take effect not less than 30 days after publication in the
Federal Register, except when a rule relieves a restriction or when
good cause is found by the agency and published within the rule
allowing for earlier effect.\7\ Good cause exists for the immediate
effect of these conforming amendments because the provisions of the HMR
being removed no longer have the force and effect of law, and operators
and the public will benefit from accurate regulatory text reflecting
the current regulatory environment.\8\ No additional time is necessary
to conform operator behavior. PHMSA previously suspended the LNG by
Rail Rule,\9\ and no operators have been transporting LNG by rail tank
car pursuant to that final rule.
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\7\ 5 U.S.C. 553(d)(1) & (3).
\8\ Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir.
1996); 5 U.S.C. 553(d)(3).
\9\ PHMSA, Hazardous Materials: Final Rule--Suspension of HMR
Amendments Authorizing Transportation of Liquefied Natural Gas by
Rail, 88 FR 60356 (Sept. 1, 2023) (suspending LNG by Rail Rule until
June 30, 2025).
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B. Executive Order 12866 and Regulatory Planning and Review
This notice has been evaluated in accordance with E.O. 12866
(``Regulatory Planning and Review'') \10\ and DOT Order 2100.6B
(``Rulemaking and Guidance Procedures'') and is considered not
significant. Therefore, this notice has not been reviewed by the Office
of Management and Budget (OMB). In addition, this rule is not an E.O.
14192 regulatory action because this rule is not significant under E.O.
12866.\11\ As the conforming amendments in the notice merely reflect
the current state of the regulations following judicial review, PHMSA
finds that the conforming amendments impose no incremental compliance
costs, nor do they adversely impair safety.
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\10\ 58 FR 51753 (Oct. 4, 1993).
\11\ 90 FR 9065 (Feb. 6, 2025).
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C. Executive Order 13132
PHMSA has analyzed this notice in accordance with the principles
and criteria contained in E.O. 13132 (``Federalism'') and finds there
are no federalism implications from this final rule.\12\
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\12\ 64 FR 43255 (Aug. 10, 1999).
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D. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in E.O. 13175 (``Consultation and Coordination with
Indian Tribal Governments'') \13\ and DOT Order 5301.1A (``Department
of Transportation Tribal Consultation Policies and Procedures'').
Because none of the amendments in this notice have tribal implications
or impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of E.O. 13175 do
not apply.
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\13\ 65 FR 67249 (Nov. 6, 2000).
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E. Regulatory Flexibility Act and Executive Order 13272
The analytical requirements of the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Flexibility Fairness Act of
1996 (RFA, 5 U.S.C. 601 et seq.), do not apply when the agency finds
good cause under the APA to adopt a rule without prior notice and
comment.\14\ Because PHMSA has ``good cause'' under the APA to forego
comment on the amendments herein, no RFA analysis is required.
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\14\ See 15 U.S.C. 603-604. See also Small Business
Administration, ``A Guide for Government Agencies: How to Comply
with the Regulatory Flexibility Act'' 55 (2017).
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F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (Pub. L. 96-511, codified
at 44 U.S.C. 3501 et seq.), no individual is required to respond to an
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 rulemaking in accordance with the Paperwork
Reduction Act. As detailed in the LNG by Rail Rule, Section V.C.,
``Section 172.820,'' PHMSA previously required any rail carrier
transporting a tank car quantity of UN1972 (Methane, refrigerated
liquid (cryogenic liquid) or Natural Gas, refrigerated liquid
(cryogenic liquid, with high methane content)) to comply with
additional safety and security planning requirements for transportation
by rail. Following the publication of the LNG by Rail Rule, PHMSA
published both a 60-day and 30-day notice and comment period to provide
an opportunity for public comment on the estimated increased reporting
burden. PHMSA did not receive comments on either notice, and the
reporting requirement was subsequently approved by OMB.
However, following the judicial vacatur of the LNG by Rail Rule,
the reporting requirements are no longer necessary. As a result, PHMSA
will submit a withdrawal of the information collection requirements to
OMB under OMB Control Number 2137-0612, ``Hazardous Materials Security
Plans,'' to reflect the removal of this burden.
G. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the amendments in this notice pursuant to the
Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501, et seq.) and
determined that the amendments do not impose enforceable duties of $100
million or more (or $169 million adjusted for inflation) in any given
year, on state, local, or tribal governments, or on the private sector.
Because the amendments impose no new incremental compliance costs
beyond those already assessed in the LNG by Rail Rule, PHMSA's earlier
UMRA analysis need not be changed.
H. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C.
4321, et seq.) requires Federal agencies to prepare a detailed
statement on major Federal actions significantly affecting the quality
of the human environment. PHMSA has determined that the amendments in
this document simply reflect the LNG by Rail Rule as vacated by
judicial review and do not require further NEPA analysis.
I. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provided, to www.regulations.gov, as described in the systems
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
J. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\15\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
[[Page 26457]]
ability of American business to export and compete internationally. In
meeting shared 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. The
conforming amendments to the LNG by Rail Rule in this notice are
required by the D.C. Circuit's vacatur of the LNG by Rail Rule and do
not impact international trade.
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\15\ 77 FR 26413 (May 4, 2012).
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K. Energy-Related Executive Orders 13211, 14154, and 14156
E.O. 13211 (``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use'') \16\ requires Federal
agencies to prepare a Statement of Energy Effects for any ``significant
energy action.'' Under the executive order, a ``significant energy
action'' is defined 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 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. These conforming
amendments to the LNG by Rail Rule set forth in this Notice are not a
``significant energy action'' under E.O. 13211, as they are not a
significant regulatory action, and they are not likely to have a
significant adverse effect on supply, distribution, or use of energy.
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\16\ 66 FR 28355 (May 18, 2001).
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These conforming amendments are also not a significant regulatory
action under E.O. 12866 and are therefore not likely to have a
significant adverse effect on the supply, distribution, or use of
energy for purposes of the requirements of E.O. 14154 (``Unleashing
American Energy'') \17\ and E.O. 14156 (``Declaring a National Energy
Emergency'').\18\ That said, PHMSA has issued, in a separate rulemaking
docket, an Advance Notice of Proposed Rulemaking (ANPRM) titled
``Hazardous Materials: Mandatory Regulatory Reviews to Unleash American
Energy and Improve Government Efficiency.'' \19\ That ANPRM solicits
stakeholder feedback on opportunities to repeal or amend HMR provisions
placing an undue burden on the identification, development, and use of
domestic energy resources as contemplated by E.O. 14154. The ANPRM also
specifically requests information regarding potential industry demand
to transport LNG and other cryogenic liquids by rail tank car.
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\17\ 90 FR 9065 (Feb. 6, 2025).
\18\ 90 FR 10583 (Feb. 25, 2025).
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List of Subjects
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Incorporation by reference, Labeling, 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, Incorporation by reference,
Radioactive materials, Railroad safety.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carries, Motor vehicle safety, Packaging and containers, Railroad
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR chapter I as
follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
1. 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
2. In Sec. 172.101, in the Hazardous Materials Table, revise the entry
for ``Methane, refrigerated liquid (cryogenic liquid) or Natural gas,
refrigerated liquid (cryogenic liquid, with high methane content)''
(UN1972) to read as follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
[[Page 26458]]
Sec. 172.101 Hazardous Materials Table
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(8) (9) (10)
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Hazardous Packaging (Sec. 173.***) Quantity limitations (see Vessel stowage
materials Hazard Special --------------------------------------- Sec. Sec. 173.27 and ------------------
Symbols descriptions and class or Identification PG Label provisions 175.75)
proper shipping division Nos. codes (Sec. -----------------------------
names 172.102) Exceptions Non-bulk Bulk Cargo Location Other
Passenger aircraft
aircraft/rail only
(1) (2).............. (3) (4)............. (5) (6) (7) (8A).......... (8B)........ (8C) (9A)......... (9B)........ (10A) (10B)
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* * * * * * *
Methane, 2.1 UN1972.......... ... 2.1 T75, TP5 None.......... None........ 318 Forbidden.... Forbidden... D 40
refrigerated
liquid
(cryogenic
liquid) or
Natural gas,
refrigerated
liquid
(cryogenic
liquid, with
high methane
content).
* * * * * * *
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* * * * *
Sec. 172.102 [Amended]
0
3. In Sec. 172.102, in paragraph (c)(1), remove and reserve special
provisions 439 and 440.
0
4. In Sec. 172.820, revise paragraphs (a) and (b)(1) to read as
follows:
Sec. 172.820 Additional planning requirements for transportation by
rail.
(a) General. Each rail carrier transporting in commerce one or more
of the following materials is subject to the additional safety and
security planning requirements of this section:
(1) More than 2,268 kg (5,000 lbs.) in a single carload of a
Division 1.1, 1.2, or 1.3 explosive;
(2) A quantity of a material poisonous by inhalation in a single
bulk packaging;
(3) A highway route-controlled quantity of a Class 7 (radioactive)
material, as defined in Sec. 173.403 of this subchapter; or
(4) A high-hazard flammable train (HHFT) as defined in Sec. 171.8
of this subchapter.
(b) * * *
(1) Commodity data must be collected by route, a line segment, or
series of line segments as aggregated by the rail carrier. Within the
rail carrier selected route, the commodity data must identify the
geographic location of the route and the total number of shipments by
UN identification number for the materials specified in paragraph (a)
of this section.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
5. 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
6. In Sec. 173.319, revise paragraph (d)(2) to read as follows:
Sec. 173.319 Cryogenic liquids in tank cars.
* * * * *
(d) * * *
(2) Ethylene, hydrogen (minimum 95 percent parahydrogen), and
cryogenic liquids must be loaded and shipped in accordance with the
following table:
Table 1 to Sec. 173.319(d)(2)--Pressure Control Valve Setting or Relief Valve Setting
----------------------------------------------------------------------------------------------------------------
Maximum permitted filling density (percent by weight)
Maximum start-to-discharge -------------------------------------------------------------------------------
pressure (psig) Ethylene Ethylene Ethylene Hydrogen
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17.............................. .................. .................. .................. 6.60.
45.............................. 52.8.............. .................. .................. ..................
75.............................. .................. 51.1.............. 51.1.............. ..................
Maximum pressure when offered 10 psig........... 20 psig........... 20 psig........... ..................
for transportation.
Design service temperature...... Minus 260 [deg]F.. Minus 260 [deg]F.. Minus 155 [deg]F.. Minus 423 [deg]F.
Specification (see Sec. 113D60W, 113C60W.. 113C120W.......... 113D120W.......... 113A175W, 113A60W.
180.507(b)(3) of this
subchapter).
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Note: For DOT 113 cryogenic tank cars, delimiters indicate the
following:
A--authorized for minus 423 [deg]F loading;
C--authorized for minus 260 [deg]F loading;
D--authorized for minus 155 [deg]F loading.
* * * * *
PART 174--CARRIAGE BY RAIL
0
7. 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.
[[Page 26459]]
Sec. 174.200 [Amended]
0
8. In Sec. 174.200, remove paragraph (d).
PART 179--SPECIFICATIONS FOR TANK CARS
0
9. 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
10. In Sec. 179.400-5, revise paragraph (b) to read as follows:
Sec. 179.400-5 Materials.
* * * * *
(b) Any steel casting, steel forging, steel structural shape or
carbon steel plate used to fabricate the outer jacket or heads must be
as specified in AAR Specifications for Tank Cars, appendix M.
* * * * *
0
11. In Sec. 179.400-8, revise paragraph (d) to read as follows:
Sec. 179.400-8 Thickness of plates.
* * * * *
(d)(1) The minimum wall thickness, after forming, of the outer
jacket shell may not be less than 16 inch. The minimum wall thickness,
after forming, of the outer jacket heads may not be less than 12044;2
inch and they must be made from steel specified in Sec. 179.16(c).
(2) [Reserved]
(3) The annular space is to be evacuated, and the cylindrical
portion of the outer jacket between heads, or between stiffening rings
if used, must be designed to withstand an external pressure of 37.5
psig (critical collapsing pressure), as determined by the following
formula:
Pc = [2.6E(t/D)\2.5\]/[(L/D)-0.45(t/D)\0.5\]
Where:
Pc = Critical collapsing pressure (37.5 psig minimum) in
psig;
E = modulus of elasticity of jacket material, in psi;
t = minimum thickness of jacket material, after forming, in inches;
D = outside diameter of jacket, in inches;
L = distance between stiffening ring centers in inches. (The heads
may be considered as stiffening rings located 1/3 of the head depth
from the head tangent line.)
Sec. 179.400-26 [Removed]
0
12. Remove Sec. 179.400-26.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
13. 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.
Sec. 180.515 [Amended]
0
14. In Sec. 180.515, remove paragraph (d).
Issued in Washington, DC, on June 17, 2025, under authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-11436 Filed 6-20-25; 8:45 am]
BILLING CODE 4910-60-P