[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20863]
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, 173, 174, 179, and 180
[Docket No. PHMSA-2010-0018 (HM-216B)]
Hazardous Materials: Incorporating Rail Special Permits Into the
Hazardous Materials Regulations
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
proposing to amend the Hazardous Materials Regulations to incorporate
provisions contained in certain widely used or longstanding special
permits that have general applicability and established safety records.
Special permits allow a company or individual to package or ship a
hazardous material in a manner that varies from the regulations
provided that an equivalent level of safety is maintained. The
revisions in this proposed rule are intended to provide wider access to
the regulatory flexibility offered in special permits and eliminate the
need for numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
This rulemaking also proposes to respond to two petitions for
rulemaking, P-1497 concerning the use of electronic shipping papers,
and P-1567 concerning the removal of the Association of American
Railroad's (AAR's) AAR-600 portable tank program for previously adopted
standards that meet or exceed the AAR-600 requirements.
DATES: Written comments should be submitted on or before October 17,
ADDRESSES: You may submit comments identified by the docket number
(PHMSA-2010-0018 (HM-216B)) by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Operations, U.S. Department of Transportation, West
Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the ground
floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. All
comments received will be posted without change to the Federal Docket
Management System (FDMS), including any personal information.
Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
FOR FURTHER INFORMATION CONTACT: Eileen Edmonson or Steven Andrews,
Standards and Rulemaking Division, Office of Hazardous Materials
Safety, (202) 366-8553, Pipeline and Hazardous Materials Safety
Administration (PHMSA), or Karl Alexy, Office of Safety Assurance and
Compliance, (202) 493-6247, Federal Railroad Administration (FRA), 1200
New Jersey Avenue, SE., Washington, DC 20590.
II. Overview of Proposed Amendments
III. Regulatory Analyses and Notices
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
is proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR
parts 171-180) to incorporate certain requirements based on existing
special permits for transportation by railroad issued by PHMSA under 49
CFR part 107, subpart B (Sec. Sec. 107.101 to 107.127). A special
permit sets forth alternative requirements (variances) to the
requirements in the HMR by means that achieve a safety level that at a
minimum corresponds to the safety level required under the regulations
and is consistent with the public interest. Congress expressly
authorized DOT to issue these variances in the Hazardous Materials
Transportation Act of 1975.
The HMR generally are performance-oriented regulations that provide
the regulated community a certain amount of flexibility in meeting
safety requirements. Even so, not every transportation situation can be
anticipated and built into the regulations. Innovation is a strength of
our economy, and the hazardous materials community is particularly
strong at developing new materials and technologies as well as
innovative ways of transporting materials. Special permits enable the
hazardous materials industry to quickly, effectively, and safely
integrate new products and technologies into the production and
transportation streams. Thus, special permits provide a mechanism for
testing new technologies, promoting increased transportation efficiency
and productivity, and ensuring global competitiveness.
A special permit must achieve at least an equivalent level of
safety to that specified in the HMR. Implementation of new technologies
and operational techniques can enhance safety because the authorized
operations or activities may achieve a greater level of safety than
currently required under the regulations. Special permits also reduce
the volume and complexity of the HMR by addressing unique or infrequent
transportation situations that would be difficult to accommodate in
regulations intended for use by a wide range of shippers and carriers.
PHMSA conducts ongoing reviews of special permits to identify
widely used and longstanding special permits having general
applicability with established safety records for adoption into
regulations for broader applicability. To
obtain a special permit, interested parties must prepare and submit a
detailed application that PHMSA reviews extensively. If granted and its
use is needed after the expiration date assigned, the person authorized
to use the special permit must submit an application to continue their
use of it and undergo an extensive PHMSA renewal process. Converting
these special permits into regulations reduces paperwork burdens and
facilitates commerce while maintaining an acceptable level of safety.
Additionally, adoption of special permits as rules of general
applicability provides wider access to the benefits and regulatory
flexibility of the provisions granted in the special permits. Factors
that influence whether a specific special permit is a candidate for
regulatory action include: the safety record for hazardous materials
transported, or the transport operations conducted, under a special
permit; the potential for broad application of a special permit;
suitability of provisions in the special permit for incorporation into
the HMR; rulemaking activity in related areas; and agency priorities.
Special permits involving packaging used by a large number of persons--
such as those issued to many persons with party status or issued to a
manufacturer as a ``manufacture, mark, and sell''--are potentially
among the most suitable types of special permits for adoption into the
HMR. Such special permits have broad applicability; moreover, many of
them have been in effect for a number of years and have demonstrated
Further, although we make every effort to stay as true as possible
to the conditions prescribed in each special permit when converting it
to proposed regulatory text, PHMSA recognizes that sometimes, due to
existing regulations or historical interpretations, provisions in a
special permit may require revision to convert them into regulations of
general applicability. In addition, when converting special permits we
often have to modify the language to describe documents and procedures
that are authorized under the special permit but not specifically
described in it or to modify the language to comply with requirements
for proposed regulatory text prescribed by this agency, the Department
of Transportation, and the Federal Register.
This notice of proposed rulemaking (NPRM) proposes to incorporate
seven (7) special permits that authorize tank car transportation
operations not specifically permitted under the HMR. These special
permits were initially issued to members of industry associations or
similar organizations. They are DOT-SP:
These special permits have well-established safety records and,
thus, are candidates for incorporation into the HMR. A few of the
special permits in this NPRM have expired for various reasons, such as
from delays that occur during the renewal process, or as a result of
modifications to the HMR, packagings, processes, or other technologies
that eliminate the need for the special permit. PHMSA has included them
in this NPRM because both PHMSA and the Federal Railroad Administration
(FRA) have determined these special permits also have well-established
safety records and would benefit the regulated industry if incorporated
into the HMR. Incorporating these special permits into the HMR would
eliminate the need for over 250 current grantees to reapply for the
renewal of these special permits every four years and for PHMSA to
process the renewal applications.
Incorporation of these special permits into the HMR also eliminates
a significant paperwork burden for the recipient. Unless otherwise
excepted by this agency, a copy of each special permit must be:
maintained at each facility where a packaging is manufactured under a
special permit, maintained at each facility where a package is offered
or re-offered for transportation under a special permit, carried on
board each cargo vessel or aircraft, and, in some cases, carried on
board each transport vehicle when used to transport a hazardous
material under a special permit.
Petitions for Rulemaking
Two proposals PHMSA is addressing in this proposed rulemaking were
also presented to PHMSA in petitions for rulemaking. A more detailed
description of each is provided below.
Petition No. P-1497
The petition from the International Vessel Operators Hazardous
Materials Association, Inc. (IVOHMA) (P-1497), dated March 15, 2007, is
similar to relief authorized under DOT-SP 7616 in that it requests
PHMSA allow shipping paper information required under 49 CFR Part 172,
Subpart C (shipping papers) to be transmitted electronically by
computer through use of electronic data interchange (EDI). The IVOHMA
states ``differences in hazard communication or the interpretation of
their application are a principle[sic] source of disharmony in
intermodal and/or international transportation of [hazardous
materials].'' The IVOHMA also states ``electronic data interchange has
become a recognized method of efficient and accurate communication
currently being used successfully throughout the industrialized world''
that permits ``immediate access to hazard communication by all those
involved in the transportation infrastructure as well as by emergency
responders equipped'' with this technology. Further, the IVOHMA states
in its petition that the proposals it submitted were vetted with its
staff and members and determined to be opportunities for regulatory
amendment to promote efficiencies in the modal interchange of these
containers in both domestic and international transportation.
PHMSA and the FRA met with the IVOHMA, on January 17, 2007, to
discuss several issues concerning the HMR and containerized hazardous
materials cargo that the association and its members believe may be
presenting operational difficulties, impediments, and obstacles to
efficient and safe intermodal transportation. These issues included
inconsistencies between the shipping paper requirements for each mode
for documents that can be construed as meeting the HMR shipping paper
requirements, ``such as work orders, dock receipts or train consists,''
and determining which shipping document is considered legally in
control of the shipment. The IVOHMA also identified two problems
associated with the train consist. The first problem is Sec. Sec.
174.24 and 174.26 do not require that the agency or person be
identified that corresponds to the emergency response information
telephone number on the document. The HMR requires this information on
a shipping paper document under Sec. 172.604(b). The IVOHMA states
``valuable time is often lost'' while emergency responders using these
telephone numbers or inspectors checking their validity track down the
correct individual and/or organization associated with a specific
telephone number. The IVOHMA also states a similar problem occurs when
international telephone numbers are offered as the emergency response
telephone number that provides access from the United States to the
emergency responder, and includes delays that occur obtaining a
telephonic connection while using the international access codes. The
second problem is the
emergency response telephone number needs to be accessible by all the
persons associated with the transport of the shipment, such as those
carriers trying to obtain information to respond to a shipboard
To address these concerns, the IVOHMA submitted proposed regulatory
language that would define the term ``interlining carrier'' in Sec.
171.8, establish requirements for ``interlining carrier documents'' in
a new Sec. 172.206, and make several additional related revisions
concerning shipping papers and emergency response information in
Sec. Sec. 172.204(d), 172.604(a), and 174.26(b). Although the petition
the IVOHMA submitted primarily concerned the transportation of
containerized hazardous materials between railcars and vessels, the
regulatory language the IVOHMA proposed would apply to interlining
carriers in all modes. This rulemaking applies to rail transportation
only. Therefore, PHMSA determined proposing regulations that apply to
carriers in all modes would exceed the scope of this rulemaking. PHMSA
considered revising the IVOHMA's proposals to limit them to rail
transport only with the possibility of considering their application to
other modes of transport in a future rulemaking. However, FRA
determined the IVOHMA's proposals are not needed because the language
in existing Sec. 174.24(a) applies to the transfer of all interlining
documents. This section requires that each person accept a hazardous
material for rail transportation or transport a hazardous material by
rail only if that person has received a shipping paper for that
material. If the material is excepted from the shipping paper
requirements under the HMR, this section does not apply. PHMSA requests
public comment not only on the proposals in this rulemaking, but on
IVOHMA's suggestions not included in this rulemaking and on the
possible effects EDI may have on distributing hazardous materials
shipping paper information if its use is permitted in all modes of
transport. Based on the comments received, PHMSA may consider the use
of EDI in other modes of transport in a future rulemaking.
Petition No. P-1567
PHMSA adopted standards for portable tanks in container-on-flat-car
(COFC) or trailer-on-flat-car (TOFC) service under Sec. 174.63 and
other sections of the HMR that meet or exceed the AAR-600 requirements.
The petition from the Gold Tank Inspection Service, Inc. (P-1567),
requests that PHMSA discontinue the AAR-600 program and amend Sec.
174.63(c) to remove the requirement that portable tanks in COFC or TOFC
service comply with the standard ``AAR-600'' of the Association of
American Railroad's (AAR's) Specification for Tank Cars, entitled
``Specifications for the Acceptability of Tank Containers,'' because:
(1) The current HMR regulations exceed the AAR 600 requirements; (2)
after January 1, 2003, all the specifications for original portable
tank construction listed in the AAR 600 standard are not allowed to be
built except DOT Specification 60 and International standard 1496-3
portable tanks, which are already covered under Sec. Sec. 178.255 and
178.274, respectively, of the HMR; and (3) after January 1, 2010, the
AAR 600 standard will no longer be needed since, in accordance with
Sec. 171.14, all portable tanks will have to meet or exceed the AAR
600 requirements and AAR 600 does not cover portable tank requirements.
In a May 20, 2009 letter of clarification PHMSA issued to Robert E.
Fronczak, Assistant Vice President, Environment and Hazardous
Materials, Association of American Railroads, under Reference No. 09-
0125, PHMSA states ``most of the portable tanks listed in the AAR-600
standard are prohibited from new construction, although they may remain
in service provided they continue to meet the applicable standard,''
and that ``we intend to propose a revision to Sec. 174.63(c) as soon
as practicable.'' The changes Mr. Fronczak described have effectively
made the HMR's reference to the AAR-600 standard outdated. Therefore,
PHMSA proposes to revise Sec. 173.63(c) to remove its reference to the
AAR 600 standard and to require that portable tanks transported in COFC
or TOFC service must conform to all HMR requirements applicable to
portable tanks in this type of service.
II. Overview of Proposed Amendments
In this NPRM, PHMSA is proposing to incorporate into the HMR
provisions that: (a) Establish an alternative tank car qualification
program; (b) permit the electronic transmission of shipping paper
information; (c) permit straight threads in the clean out and/or
inspection port openings of a DOT Specification 110A500W multi-unit
tank car tank; (d) permit alternative start-to-discharge pressure
requirements for certain DOT Specification 105J500W tank cars
containing chlorine; (e) permit alternative pressure relief
requirements for pressure relief devices for DOT Specification 105J300W
tank cars containing certain flammable liquids; (f) permit certain DOT
and AAR specification tank cars with stainless steel identification
plates to have their specification and other required information
stamped on the identification plate instead of the tank car head
provided certain requirements are met; (g) permit liquefied anhydrous
ammonia gas to be measured by a metering device when loaded into a tank
car as an alternative to measuring the cars by weight; (h) revise Sec.
179.13(b) to require that rail tank cars with a gross weight that
exceeds 263,000 but not 286,000 pounds containing poisonous-by-
inhalation (PIH) materials must be approved for use by the Federal
Railroad Administration's (FRA's) Associate Administrator for Railroad
Safety; and (i) eliminate use of the AAR 600 program concerning the
FRA's approval of bulk packagings in COFC and TOFC service that is
incorporated into Sec. 174.63(c)(2). PHMSA invites comment on the
potential costs and safety benefits associated with the proposals in
this NPRM, including any information that may be used in a cost-benefit
safety analysis. Each proposal is discussed in greater detail in the
following preamble sections.
A. Alternative Tank Car Qualification Program
The FRA established the Alternative Tank Car Qualification Program,
also known as TCQ-1, in 1998 in collaboration with the railroad
industry and PHMSA under Special Permit DOT-SP 12095. The TCQ-1 program
serves as a minimally acceptable framework for owners to qualify their
DOT specification and non-specification tank cars and components using
requirements in place of those prescribed in 49 CFR Part 180. The TCQ-1
program permits owners to develop tank car inspection requirements
specific to their construction and use, provided the FRA has determined
the new methods are as safe or safer than those prescribed in the HMR.
FRA determined the new program is successful and its use has
dramatically increased since its inception. In fact, FRA and PHMSA have
determined the industry's use of the TCQ-1 program is so complete that
it essentially is the only tank car inspection standard used today.
Currently, 559 parties are operating under TCQ-1. PHMSA and FRA are not
aware of any incidents that have occurred as a result of the issuance
of special permits for the tank car qualification program.
PHMSA and FRA believe incorporating Special Permit DOT-SP 12095
into the HMR will provide an equivalent level of safety for the
qualification of both specification and
non-specification rail tank cars, and will reduce the administrative
burden of reapplying for this special permit. Therefore, in this NPRM,
PHMSA and FRA are proposing to incorporate Special Permit DOT-SP 12095
into the HMR. This proposal pertains to: marking and stamping; adding
new definitions pertaining to tank cars; adding qualifications for tank
car inspections and tests; revising the requirements for tank car
repairs, alterations, conversions, and modifications; clarifying
recordkeeping requirements; and listing hazardous and other materials
corrosive to tanks or service equipment. The following table summarizes
the proposed changes:
Proposed change to 49
Number Section No. CFR part 180 Proposed change from DOT-SP 12095
1............. 180.501................. Applicability........... Existing paragraph (b) is now paragraph (c),
and new paragraph (b) and (d) are added to
clarify, respectively, the minimally
acceptable framework each owner's tank car
qualification program must have, and
specifies that documents must be made
available upon request to FRA or an
authorized representative of the U.S.
Department of Transportation.
2............. 180.503 (Definitions)... Bottom shell............ Not added. This definition already exists in
Corrosive to the tank or No change.
Defects................. Added to eliminate industry confusion.
Design level of Minor edits.
reliability and safety.
Interior heating system. No change.
Lining/Coating owner.... No change.
Maintenance............. Minor edits.
Modification............ Added to aid industry compliance.
Objectively reasonable Added to explain the use of this term in
and articulable belief. Sec. 180.509(b)(4).
Qualification........... First sentence states what the term means
instead of how to achieve it. Second
sentence (essentially unchanged) states how
to achieve qualification and emphasizes
that ``qualification'' requires a
representation that the process has been
Railworthy, Explains the term. When FRA requires a
Railworthiness. recall of a tank car or series of tank cars
it issues a ``Railworthiness Directive.''
Reactive to the tank or Adds reactivity language based on Sec.
service equipment. 173.24(b)(2) and (3).
Reinforced tank shell No change.
Reinforcing plate....... No change.
Reliability............. No change.
Safety system........... No change.
Service equipment....... Minor edits.
Service equipment owner. Added to clarify the party responsible and
to accommodate a growing trend in the
industry that the owner of the car may or
may not own the service equipment.
Tank car owner.......... This is a codification of previous FRA
interpretations and statements.
Top shell............... Not added. This definition already exists in
3............. 180.507................. Paragraph (b)(2)........ ``Marked'' replaces ``stamped'' to allow for
flexibility with regulatory compliance.
Paragraph (b)(5)........ This TCQ-1 paragraph is omitted but language
is used from existing Sec. 180.507(b)(5).
4............. 180.509................. Paragraph (a)(4)........ Added last sentence to ameliorate a concern
from tank car owners that modifications
have been made to their cars without their
knowledge; minor edits.
Paragraph (b)(4)........ Replaced ``probable cause'' with the wording
``objectively reasonable and articulable
belief'' because the former is a term of
art in criminal law and is also used in FRA
drug and alcohol regulations. The intent of
Sec. 180.509(b)(4) is to create a
standard less strict than that of an
emergency order, but rigorous enough to
compel a tank car owner to reinspect and
repair, if necessary, tank cars considered
potential hazards irrespective of their
periodic test and inspection requirements.
Paragraph (c)(1)........ Minor edits.
Paragraph (d)........... Minor edits.
Paragraph (d)(2)........ Added last sentence for clarity.
Paragraph (d)(3)........ Added ``Corrosion'' as specific element for
Paragraph (d)(5)........ To insure inclusiveness, added ``all
closures'' as substitute for specific item
Paragraph (d)(6)........ Dropped ``operability'' test of excess flow
valves because it is not a practical test
and a successful result might damage the
excess valve seat and preclude seating in a
Paragraph (e)(1)........ Replace ``high-stressed structural
elements'' with the simpler words
Paragraph (f)(1)........ Added the responsibility of the tank car
owner for clarity.
Paragraph (f)(4)........ Added a general prohibition against
operating overly thin tank cars; this
responsibility is changed from putting it
solely on tank car owners who often have no
control over the day to day movements of
their tank cars.
Paragraph (g)........... Minor edits; removes the language that
implies only a ``qualified individual''
could find a thin tank car and invoke the
restrictions in this paragraph.
Paragraph (h)........... No change.
Paragraph (i)........... Minor edits.
Paragraph (j)........... Minor edits; Replaced the wording ``after
reassembly of a tank car'' from Part 180,
Subpart F, and ``installed on the tank
car'' with ``installed, replaced, or
reinstalled on the tank car.''
Paragraph (l)........... Minor edits.
Paragraph (m)........... After 12/2010 the requirements of paragraph
(m) should have been fulfilled. There may
be late tank cars or tank cars with
extended alternate inspection intervals;
therefore, this provision will be retained
for an additional 5-10 years.
5............. 180.511................. ........................ Added minor edits; included those in Part
180, Subpart F, to capture requirements for
qualifying service equipment.
6............. 180.513................. Paragraph (a)........... Reworded to encompass the entire AAR Tank
Car Manual rather than certain appendices.
Paragraph (b)........... Added for clarification and as a reminder
that tank car or component owners are
responsible for verifying compliance with
the owner's maintenance instructions.
Paragraph (c)........... Is the same language as existing paragraph
(b) from DOT-SP 12095. The last sentence
was added for clarification.
7............. 180.515................. Paragraph (a)........... Added last sentence to clarify the primacy
of dates marked in Appendix C of the AAR
Tank Car Manual.
8............. 180.517................. ........................ Revised to clarify that marking or retaining
the specification on the tank, either after
initial construction in paragraph (a) or
subsequent qualification in paragraph (b),
is the ``representation'' of
``qualification'' defined in Sec.
Additional provisions from Special Permit DOT-SP 12095 as proposed
will be in Sec. Sec. 179.201-10, 179.220-25, and 180.501, and 180.503,
180.507, 180.509, 180.511, 180.513, 180.515, 180.517, and Appendix D of
B. Telephone and Electronic Data Interchange Shipping Papers
Special Permit DOT-SP 7616 permits the transmission of shipping
paper information by telephone and electronic data interchange (EDI).
Special Permit DOT-SP 7616 is currently used by 626 parties. Prior to
this special permit, shippers entered information on shipping papers by
hand, typewriter, or with the use of a computer and then transmitted
these documents by hand, railroad agent, facsimile, or postal system to
a train crew or rail yard. These methods were very time consuming. This
shipping information would then be entered into the receiver's tracking
system, a process that resulted in a large number of key entry errors
for hazardous materials shipments.
Starting in the 1960s, many companies began using in-house computer
systems and networks to assist with preparing and tracking shipping
information, but technological limitations often prevented or
restricted one company's system from communicating with another's. Rail
companies and shippers attempting to address these issues and find
solutions formed the Transportation Data Coordination Committee (TDCC)
in 1968, and started publishing standards on EDI in 1975. In the mid-
1970's, the U.S. Department of Transportation (USDOT) issued Exemption
DOT-E 7616 to permit railroad companies to ``certify'' their shipping
papers for hazardous materials by permitting the shipper to leave a
``voice'' message stating that a hazardous materials shipment loaded on
a railcar was being offered for transportation. Eventually, the
exemption was revised to allow an ``electronic'' shipping document to
be faxed and later transmitted electronically from computer to
computer. Today, EDI standards are used worldwide for most industries
that rely on electronic data transfer of information, such as banks,
medical institutions, and shipping companies outside of railroad-
In consultation with USDOT, the TDCC evolved, and the EDI standards
were published as guidelines on electronic data standards for the
transportation industry. These guidelines established format codes and
protocols for communicating and verifying the accuracy of electronic
information, including hazardous materials information on a shipping
paper, for hazardous materials shippers and carriers. Currently, the
Accredited Standards ``X12'' Committee (ACS) of the American National
Standards Institute (ANSI) creates standards specifically for EDI.
Industry organizations take these standards and modify them to fit the
types of electronic transmissions and/or transactions needed by each
industry. This is what is done in the railway industry. As a result,
there is no one specific standard that includes all the electronic
transmissions permitted as EDI.
Special Permit DOT-SP 7616 allows a carrier to accept shipping
paper information via telephone (i.e., voice communications) for
hazardous material shipments that have been transported by railroad,
and authorizes several variations in the certification requirement when
this information is transmitted telephonically or through EDI. The
Federal Aviation Administration and Federal Motor Carrier Safety
Administration have informed PHMSA and FRA that some
inconsistencies exist when these standards are applied between the
different transportation modes. Therefore, in this NPRM, PHMSA and FRA
are proposing to incorporate into the HMR the provisions for EDI
prescribed in Special Permit DOT-SP 7616 and requested in Petition No.
P-1497 for any hazardous materials shipment transported by rail only.
This will exclude, for example, the use of voice communications as an
authorized method for carriers to accept hazardous materials shipping
paper information for transporting these shipments by aircraft or motor
vehicle. Further, PHMSA and FRA are proposing to allow a signature in
the signature block of an EDI form to represent completion of the
shipper's certification prescribed under Sec. 172.204. Users of EDI
may wish to consult the ANSI's ACS X12 Committee for guidance on EDI
transmissions and transactions for electronic shipping documents, along
with any other guidance developed on this subject by the Department's
agencies, such as the FRA.
PHMSA and FRA are not aware of any incidents that have occurred as
a result of the issuance of Special Permit DOT-SP 7616. PHMSA and FRA
have also determined the overall effect of the special permit has
improved the timely and accurate receipt of hazardous materials
information, thereby improving safety. As mentioned earlier in this
preamble, the IVOHMA also requested through a petition for rulemaking
(P-1497) that PHMSA revise the HMR to include the transmission of
shipping documents through EDI. PHMSA and FRA acknowledge that
hazardous materials shipping document information is routinely
transmitted by computer but no provision in the HMR specifically
addresses this. PHMSA and FRA also note that the use of EDI to transmit
this information does not eliminate the requirement for the printed
copy of a shipping paper to accompany a hazardous materials shipment.
PHMSA and FRA specifically request comments on the costs and safety
benefits associated with these proposals, as well as the possible
effects and/or modifications needed to permit EDI to transmit
successfully the shipping paper information for hazardous materials in
all transportation modes.
The provisions for Special Permit DOT-SP 7616 and Petition No. P-
1497 are proposed in Sec. Sec. 172.201, 172.202, 172.204, and 172.604.
The changes that IVOHMA proposed for Sec. 174.24 are also located in
Sec. 172.202; therefore, they are not needed in Sec. 174.24 and we
are not proposing to revise that section.
C. Straight Threads on Multi-Unit Tank Cars
Special Permit DOT-SP 14333 authorizes the manufacture, marking,
sale and use of a non-DOT specification tank car conforming to all the
regulations applicable to the DOT Specification 110A500W multi-unit
tank car tank, except that the tank must be equipped with straight
threads in the clean-out/inspection port openings instead of the
National Gas Taper Threads. Four parties currently use this special
This special permit also permits retrofitting. Section 179.300-
13(b) requires that taper threads must be used on the valve opening. In
the safety equivalency evaluation for Special Permit DOT-SP 14333,
PHMSA and FRA determined that straight threads on the clean-out/
inspection port opening would provide an equivalent level of safety.
Tapered threads are designed to provide a seal when torqued. The seal
is a result of the compression of the male and female threads. Because
they compress, there is an inevitable degree of deformation. This
deformation decreases the likelihood that a proper seal can be obtained
upon subsequent applications. Straight threads are used on connections
where a gasket is compressed to create a seal. Therefore, a seal can be
obtained by repeated application as long as the gasket has not
degraded. The clean-out/inspection port openings are used repeatedly
and introduce an opportunity for leaks. The straight threads on these
openings help to minimize leaking. Special Permit DOT-SP 14333 limits
the use of the straight threads opening to certain high-hazard Division
2.3 (poisonous gas), Division 6.1 (poisonous), and Class 8 (corrosive)
hazardous materials, as well as those materials authorized to be
transported in DOT Specification 110A500W multi-unit tank car tanks.
However, PHMSA and FRA believe straight threads in inspection ports can
be used for all hazardous materials authorized to be transported in DOT
Specification 110A multi-unit tank car tanks and are proposing this
action in this NPRM.
PHMSA and FRA are not aware of any incidents that have occurred as
a result of the issuance of this special permit, and believe these
provisions, if adopted, will provide an adequate level of safety.
Therefore, PHMSA and FRA are proposing to incorporate Special Permit
DOT-SP 14333 into the HMR and further allowing straight threads in
inspection ports to be used for all hazardous materials authorized to
be transported in DOT Specification 110A multi-unit tank car tanks. The
provisions for this special permit are proposed in Sec. 179.300-13(b)
for DOT Specification 110A multi-unit tank cars only.
D. Alternative Start-to-Discharge Pressure Requirements for Tank Cars
Special Permit DOT-SP 14622 authorizes the transportation of
certain DOT Specification 105J500W tank cars containing chlorine that
have start-to-discharge settings that do not meet the regulatory
requirements for pressure relief devices. Three parties currently use
this special permit.
In its original application for this special permit, Occidental
Chemical Corporation (OxyChem) requested relief from Sec. 179.15(b) to
allow tank cars in chlorine service to be equipped with combination
pressure relief valves (PRV) with a set pressure of 360 pounds per
square inch (psi) rather than the required set pressure of 356 psi.
OxyChem justified its request based on its history of operating tank
cars safely in a manner similar to what it was requesting. OxyChem also
based its request on the HMR's regulatory history prior to the final
rule issued under Docket No. HM-216, effective on October 1, 1996 (61
FR 28666; 61 FR 38642; 61 FR 50252), which permitted DOT Specification
105J500W tank cars used to transport chlorine to be equipped with a PRV
with a set pressure of 356 psi.
The FRA conducted an evaluation of the level of safety provided by
the terms and allowances of Special Permit DOT-SP 14622. As part of
this evaluation, FRA staff contacted the Chlorine Institute, which
represents all of the companies that are a party to this special
permit. The Chlorine Institute reported it has not received a report of
any incident related to the conditions allowed under Special Permit
DOT-SP 14622. In addition, the Chlorine Institute found the PRV setting
does not affect the standard start-to-discharge pressure that is the
basis for the flow rating pressure. The flow rating pressure, in turn,
is used to calculate the required PRV flow capacity. Therefore, the FRA
finds the valve is sized appropriately for the required design
The FRA has one safety concern related to Special Permit DOT-SP
14622. If the relief discs or pins burst or break within their
tolerances, there is the potential that the valve will be exposed to
the lading and its vapor for an extended period of time. A rupture disc
or breaking pin is used in conjunction with a reclosing PRV to
provide a barrier between the valve and its components from the lading
and the vapor of the lading, as exposure to these can lead to corrosion
and ultimately the malfunctioning of the valve. Furthermore, the FRA
believes it is important that combination PRVs are equipped with
``tell-tale devices'' located outboard (outside) of the rupture disc
(or breaking pin) and inboard (inside) of the valve. When the disc or
breaking pin is intact, the valve indicates no pressure. If the disc or
pin has been compromised, the valve will show an elevated pressure. An
operator inspecting the condition of the tell-tale device can determine
if the rupture disc or breaking pin has been compromised.
A rupture disc has a rated pressure burst-pressure tolerance of +/-
5 percent. A breaking pin has a rated pressure burst-pressure tolerance
of +/- 10 percent (see ASME Section VIII, UG-126 Pressure Relief
Valves). An evaluation of the special permit relative to both the
rupture disc and breaking pin is provided in the following paragraph.
Special Permit DOT-SP 14622 allows for the PRV to have a set
pressure of 360 psi. The special permit allows the burst pressure of
the relief device to be 96 percent of the start-to-discharge pressure
rather than the required maximum of 95 percent. As stated earlier, the
set pressure in SP-14622 is within the rated pressure burst tolerance
of the rupture disc and rated pressure burst tolerance of the breaking
pin described earlier in this paragraph. However, it is possible that a
rupture disc could burst at the limit of its negative tolerance at 356
psi. In this case, the valve with a set pressure of 360 psi would be
undetected and exposed to the lading or the vapor of the lading. While
this sequence is possible, the negative effects to the valve are very
limited. This can be demonstrated by reviewing the thermodynamic
properties of chlorine and the time needed to increase the vapor
pressure of the chlorine to the set pressure of the PRV. Based on the
vapor pressure-temperature relationship of chlorine, the temperature of
chlorine at a vapor pressure of 356 psi is approximately 165 [deg]F and
its temperature at 360 psi is approximately 170 [deg]F. It is evident
that as the temperature of chlorine increases, the vapor pressure of
the chlorine also increases at a slightly faster rate.
A pool fire represents the only scenario in which the temperature
of chlorine in a tank could reach 165 [deg]F. In this scenario, the
heat input is so great that the specific heat and heat of vaporization
requirements would be met quickly and raise the temperature and the
respective vapor pressure of the chlorine in the tank car to a level
that would actuate the PRV, causing the PRV to function and vent the
pressure in the tank. Under these hazardous conditions, corrosion of
the PRV body and components are very minor considerations.
Regarding the breaking pin, as stated earlier, the rated pressure
tolerance is +/- 10 percent. Both the start-to-discharge pressure
requested in Special Permit DOT-SP 14622 and required in the HMR are
within the design tolerance of the breaking pin. As a result, neither
poses a greater risk to the safe operation of the relief valve and tank
Based on this analysis, PHMSA and FRA believe operation of a tank
car under the terms of Special Permit DOT-SP 14622 provides a level of
safety that is equivalent to that of a similar tank car operated under
the HMR. Therefore, we propose to adopt this requirement into the HMR.
The provisions for this special permit are proposed in Sec.
E. Alternative Pressure Relief Requirements for Pressure Relief Devices
for Tank Cars Containing Certain Flammable Liquid Materials
Special Permit DOT-SP 11184 authorized the transportation in
commerce of certain Class 3 materials in DOT Specification 105J300W
tank cars with a pressure relief device rated at 25 percent of tank
test pressure. The commodities authorized under this special permit
were typically shipped in general purpose (GP) tank cars (e.g., DOT
Specification 111A100W). In 1996, PHMSA, then known as the Research and
Special Programs Administration, added Sec. 179.15 to the HMR in a
final rule it issued on June 5, 1996, under Docket No. HM-216 (61 FR
28666). In paragraph (b)(2)(i) of that section, the agency added the
requirement that reclosing pressure relief devices in tank cars, other
than DOT Class 106, 107, 110, and 113 tank cars, may not have a start-
to-discharge pressure setting lower than 5.17 Bar (75 psig) or higher
than 33 percent of the minimum tank burst pressure, a range that
included the 25 percent of tank test pressure relief device rating
required in paragraph 2.a of DOT-SP 11184. As a result, DOT-SP 11184
was no longer needed and PHMSA let it expire. When it was active, 21
parties used this special permit.
PHMSA and FRA are discussing DOT-SP 11184 in this NPRM to clarify
that the rulemaking action issued under Docket No. HM-216 eliminated
the need for this special permit, and to emphasize that this revision
improved safety in two ways. First, it lowered the start-to-discharge
pressure for the PRV, which allowed the car to vent at lower pressures
when in an overheated condition--such as a pool fire. Commodities
listed in this special permit when exposed to extreme heat and pressure
will undergo rapid polymerization that could result in an energetic and
catastrophic failure of the tank car. Second, the DOT Specification
105J300W tank car's thicker shell and head will result in the tank car
having a significantly greater survivability than its GP tank car
counterparts. PHMSA and FRA have determined these revisions to the HMR
are performing satisfactorily; therefore, we are expiring this special
permit. PHMSA and FRA are not aware of any incidents that have occurred
as a result of the issuance of Special Permit DOT-SP 11184.
F. Transportation in Commerce of Certain Tank Cars With Identification
Plates in Lieu of Stamping the Tank Car Heads
Special Permit DOT-SP 12905 permits certain DOT and AAR
specification tank cars with stainless steel identification plates to
have their specification and other required information stamped on the
identification plate instead of the tank car heads if certain
requirements are met. The AAR requires all cars built after December
31, 2003, to be equipped with identification plates as specified in
Appendix C, paragraph 4.0. Additionally, for several years
manufacturers have built portable tanks and cargo tanks with a data
plate containing all pertinent information related to the construction
of the tank. Incorporating Special Permit DOT-SP 12905 into the HMR
will bring the railcar data identification in line with the AAR
standards and the portable tank and cargo tank industries. Also, FRA
acknowledges that stamping this information into the tank car wall may
introduce a defect into its steel. Although minimal, stamping results
in a stress concentration in the area of the stamp. Use of a data plate
would eliminate this defect. Currently, 22 parties use this special
PHMSA and FRA are not aware of any incidents that have occurred as
a result of the issuance of Special Permit DOT-SP 12905. PHMSA and FRA
believe that incorporating this special permit into the HMR will
provide an equivalent level of safety for the qualification of both
specification and non-specification rail tank cars. AAR tank cars are
required to have an identification plate after December 31, 2011.
Therefore, PHMSA and FRA are proposing to amend the HMR to require tank
have a stamped identification plate one year after the publication date
of the final rule issued as a result of this proposed rulemaking. We
propose to adopt this requirement into new section Sec. 179.24 and
existing sections Sec. Sec. 179.100-20, 179.200-24, 179.201-10, and
179.220-25 of the HMR.
G. Measuring Liquefied Gases Loaded into a Tank Car With Metering
Devices as an Alternative to Measuring These Cars by Weight
Special Permit DOT-SP 9388 authorizes the transportation in
commerce of DOT specification tank cars that have ``UN 1005, Ammonia,
anhydrous, 2.2 (non-flammable gas)'' liquefied gas measured by a
metering device when loaded into the tank. Although anhydrous ammonia
is defined as meeting both a Division 2.3 (poisonous gas) and Class 8
(corrosive) hazard class under the United Nations Recommendations on
the Transport of Dangerous Goods, International Civil Aviation
Organization Technical Instructions on the Transport of Dangerous Goods
by Air, and International Maritime Dangerous Goods Code, the HMR
permits anhydrous ammonia to be defined as meeting the Division 2.2
hazard class in domestic transportation only. For increased safety,
DOT-SP 9388 requires that each of these tank cars must be loaded and
unloaded using procedures that specify at a minimum: Employee safety
equipment; proper signage; set brakes and installed wheel blocks; an
examination of the tank and/or jacket, its undercarriage assembly,
hoses, connections, valves, and accessories inside the loading dome for
damage; recording of defects; certification of inspection and
completion of loading and/or unloading procedures, as well as other
recordkeeping requirements. PHMSA and FRA propose to incorporate these
requirements in new Sec. 173.314(e)(2)(i). Also, DOT-SP 9388 requires
that one out of every 10 tanks cars must have the metered gauge
verified with the tank car gauge in accordance with certain procedures
to determine the current capacity of the car. PHMSA and FRA propose to
incorporate these procedures in new Sec. 173.314(e)(2)(ii). Although
Special Permit DOT-SP 9388 is currently expired, 28 parties previously
used it. Since the original issuance of DOT-SP 9388, flow meter
technology is much more accurate and reliable.
PHMSA and FRA are not aware of any incidents that have occurred as
a result of the issuance of this special permit. PHMSA and FRA believe
that incorporating this special permit into the HMR will provide an
equivalent level of safety for the qualification of both specification
and non-specification rail tank cars. Therefore, we propose to adopt
this requirement, with the additions noted above, into Sec. 173.314(e)
of the HMR.
H. Approval for Gross Weight on Rail Tank Cars
Special Permits DOT-SP 11241, 11654, 11803, 12423, 12561, 12613,
12768, 12858, 12903, 13856, 13936, 14004, 14038, 14442, 14505, 14520,
14570, and 14619, allowed rail tank cars with a gross weight on rail
that exceeded 263,000 pounds but not exceeding 286,000 pounds to be
used to transport certain hazardous materials provided the tank car is
approved by the FRA's Associate Administrator for Railroad Safety.
PHMSA adopted these special permits, along with several others, in a
final rule issued under Docket No. PHMSA-2009-0289 (HM-233A; 75 FR
27205, 5/14/2010) because they were widely used and had established
safety records. However, the final rule erroneously omitted from Sec.
179.13(b) a provision to require FRA approval for those gross-weight-
on-rail tank cars authorized to contain materials that are poisonous-
by-inhalation. PHMSA is proposing to correct this omission in this
rulemaking by revising Sec. 179.13(b) to add the FRA approval
I. Reference to the Association of American Railroads AAR 600 Program
The AAR Tank Car Committee and the AAR Hazardous Materials
Committee have recommended the discontinuance of the AAR 600 program as
incorporated in Sec. 174.63(c)(2). Currently, this program requires
that a bulk packaging, including a portable tank, transported in COFC
or TOFC service must conform to the conditions specified in Sec.
174.63 of the HMR. These regulations require approval by FRA's
Associate Administrator for Railroad Safety, unless, among other
things, the tank conforms to requirements in AAR 600 of the AAR
Specifications for Tank Cars, ``Specifications for Acceptability of
Tank Containers.'' In accordance with AAR 600, approval and
registration of compliant portable tanks is required based on a
determination that the tank meets all applicable standards and payment
of a registration fee.
Since incorporation of the AAR 600 standard into the HMR, PHMSA has
adopted standards for portable tanks that meet or exceed the AAR 600
requirements. The AAR committees believe that the current HMR portable
tank regulations have now exceeded the AAR 600 requirements and that
all of the specifications for original construction listed in the AAR
600 Standard were not allowed to be built after January 1, 2003, except
for the DOT Specification 60 and other United Nations (UN) portable
tanks that are authorized in the HMR. As stated earlier in this
rulemaking, PHMSA agreed with the AAR proposal in a letter dated May
20, 2009 and stated we would propose a revision to Sec. 174.63(c). As
also discussed earlier in this preamble, PHMSA received a petition (P-
1567) dated July 9, 2010, from Gold Tank Inspection Services, Inc.,
requesting the removal of the reference to the AAR 600 program in Sec.
174.63 because the HMR now includes standards for portable tanks that
meet or exceed AAR 600 requirements. Accordingly, in this NPRM, PHMSA
is proposing to require that portable tanks transported in COFC or TOFC
service must conform to all HMR requirements applicable to portable
tanks. Consistent with this proposed revision, PHMSA is proposing to
remove the reference in Sec. 171.7(a)(3) to Sec. 173.63 under the
listing ``AAR Manual of Standards and Recommended Practices, Section C-
Part III, Specifications for Tank Cars, Specification M-1002, (AAR
Specifications for Tank Cars), December 2000.''
III. Rulemaking Analyses and Notices
A. Statutory/Legal Authority for This Rulemaking
This NPRM is published under the authority of 49 U.S.C. 5103(b)
which authorizes the Secretary to prescribe regulations for the safe
transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in sections 5103(b), 5104, 5110, or 5112
of the Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. If adopted as proposed, the final
rule would amend the regulations incorporating provisions from certain
widely used and longstanding special permits that have established a
history of safety and which may, therefore, be converted into the
regulations for general use.
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) and was not reviewed by the Office of
Management and Budget (OMB). The proposed rule is not considered a
significant rule under the Regulatory Policies and Procedures order
issued by the Department of Transportation [44 FR 11034].
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') require agencies
to regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' In this notice, PHMSA proposes to amend the HMR by
incorporating alternatives this agency has permitted under widely used
and longstanding special permits with established safety records that
we have determined meet the safety criteria for inclusion in the HMR.
Incorporation of these special permits into regulations of general
applicability will provide shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity. In addition,
the proposals in this NPRM will reduce the paperwork burden on industry
and this agency caused by continued renewals of special permits. The
provisions of this proposed rule will promote the continued safe
transportation of hazardous materials while reducing transportation
costs for the industry and administrative costs for the agency.
Therefore, the requirements of Executive Orders 12866 and 13563, and
the DOT policies and procedures concerning these orders have been
C. Executive Order 13132
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
proposed rule would preempt state, local and Indian 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 governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101, et seq., contains an
express preemption provision (49 U.S.C. 5125(b)) preempting state,
local and Indian Tribe requirements on certain covered subjects.
Covered subjects are:
(1) The designation, description, and classification of hazardous
(2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
(3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
(4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
(5) The designing, manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing of a package,
container or packaging component that is represented, marked,
certified, or sold as qualified for use in transporting hazardous
material in commerce.
This proposed rule addresses covered subject items (2), (3), and
(5) and would preempt any State, local, or Indian Tribe requirements
not meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if
PHMSA issues a regulation concerning any of the covered subjects, PHMSA
must determine and publish in the Federal Register the effective date
of Federal preemption. The effective date may not be earlier than the
90th day following the date of issuance of the final rule and not later
than two years after the date of issuance. PHMSA proposes the effective
date of Federal preemption be 90 days from publication of a final rule
in this matter in the Federal Register.
D. Executive Order 13175
This proposed rule was analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this proposed
rule does not have Tribal implications and does not impose substantial
direct compliance costs on Indian Tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities. The NPRM proposes to amend the HMR to incorporate provisions
contained in seven widely used or longstanding railroad special permits
that have an established safety record. Although many of the applicants
may be small businesses or other small entities, PHMSA believes that
the revisions in this proposed rule are intended to provide wider
access to the regulatory flexibility offered in special permits and
eliminate the need for numerous renewal requests, thus reducing
paperwork burdens and facilitating commerce while maintaining an
appropriate level of safety. Therefore, PHMSA certifies that the
provisions of this NPRM would not have a significant economic impact on
a substantial number of small entities.
This proposed rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') 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.
F. Paperwork Reduction Act
PHMSA has approved information collections under OMB Control Number
2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements,'' OMB Control Number 2137-0557, ``Approvals for Hazardous
Materials,'' and OMB Control Number 2137-0559, ``(Rail Carriers and
Tank Car Requirements) Requirements for Rail Tank Cars--Transportation
of Hazardous Materials by Rail. This NPRM may result in a decrease in
the annual burden and costs under OMB Control Number 2137-0051 and an
increase in the annual burden and costs under OMB Control Number 2137-
0557 and OMB Control Number 2137-0559 due to proposed changes to
incorporate provisions contained in certain widely used or longstanding
special permits that have an established safety record.
Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
This notice identifies a revised information collection request
that PHMSA will submit to OMB for approval based on the requirements in
this proposed rule. PHMSA has developed burden estimates to reflect
changes in this proposed rule. PHMSA estimates that the information
collection and recordkeeping burden as proposed in this rule is as
OMB Control No. 2137-0051:
Decrease in Annual Number of Respondents..................... 255
Decrease in Annual Responses:................................ 255
Decrease in Annual Burden Hours.............................. 255
Decrease in Annual Burden Costs.............................. $9,500
OMB Control No. 2137-0557:
Increase in Annual Number of Respondents..................... 200
Increase in Annual Responses:................................ 200
Increase in Annual Burden Hours.............................. 50
Increase in Annual Burden Costs.............................. $1,100
OMB Control No. 2137-0559:
Increase in Annual Number of Respondents................. 350
Increase in Annual Responses............................. 350
Increase in Annual Burden Hours.......................... 350
Increase in Annual Burden Costs.......................... $10,500
PHMSA specifically requests comments on these information
collections and recordkeeping burdens associated with developing,
implementing, and maintaining these requirements for approval under
this proposed rule.
Requests for a copy of this information collection should be
directed to Deborah Boothe or Steven Andrews, Standards and Rulemaking
Division, (PHH-10), Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001,
Telephone (202) 366-8553.
Address written comments to the Dockets Unit as identified in the
ADDRESSES section of this rulemaking. We must receive comments
regarding information collection burdens prior to the close of the
comment period identified in the DATES section of this rulemaking. In
addition, you may submit comments specifically related to the
information collection burden to the PHMSA Desk Officer, Office of
Management and Budget, at fax number 202-395-6974.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document may be used to cross-reference this action with the
H. Unfunded Mandates Reform Act of 1995
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or Tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
I. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
The hazardous materials regulatory system is a risk management
system that is prevention oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous materials
release. This rulemaking is concerned with the transportation of
hazardous materials by rail, but is prepared with the understanding
that these materials are often transported by aircraft, vessel, and
highway before or after they are transported by rail. The need for
hazardous materials to support essential services means transportation
of highly hazardous materials is unavoidable. However, these shipments
frequently move through densely populated or environmentally sensitive
areas where the consequences of an incident could be loss of life,
serious injury, or significant environmental damage. The ecosystems
that also could be affected by a hazardous materials release during
transportation include atmospheric, aquatic, terrestrial, and vegetal
resources (for example, wildlife habitats). The adverse environmental
impacts associated with releases of most hazardous materials are short-
term impacts that can be greatly reduced or eliminated through prompt
clean-up of the incident scene. In this NPRM, we are requesting
comments on the potential environmental impacts of the proposals.
In all modes of transport, the potential for environmental damage
or contamination exists when packages of hazardous materials are
involved in transportation incidents. Most of the special permits
considered in this rulemaking involve bulk packages of hazardous
materials in DOT specification and non-specification tank cars. While
the volume of hazardous material present in these packagings has the
potential to be released into the environment during a transportation
incident, these packagings are constructed to withstand greater forces
during impact and are also equipped with safety relief devices and
valves specifically designed to maintain the containment ability of the
The purpose and need of this rulemaking is to incorporate widely
used special permits or those with an established safety record into
the HMR for universal use. More information about benefits of the
proposed action can be found in the preamble (i.e., ``Overview of
Proposed Amendments) to this rulemaking. The alternatives considered in
the analysis include (1) the proposed action, that is, incorporation of
the proposed special permits as amendments to the HMR; (2)
incorporation of some subset of the proposed special permits (i.e.,
only some of the proposed special permits) as amendments to the HMR;
and (3) the ``no action'' alternative, meaning that none of the
proposed special permits would be incorporated into the HMR. PHMSA
believes that the each of these alternatives would result in equal
environmental risk and/or impact because special permits are intended
to offer equivalent safety and environmental protection as the HMR.
In considering the potential environmental impacts of the proposed
action, PHMSA does not anticipate that the incorporation of the listed
special permits will result in any significant impact on the human
environment because the process through which special permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. However, PHMSA welcomes
and will consider and address comments about foreseeable environmental
impacts or risk associated with the incorporation of any proposed
special permit. The agencies and persons consulted in the development
of this regulatory proposal include the International Vessel Operators
Hazardous Materials Association, Inc.; Gold Tank Inspection Services,
Inc.; Surface Deployment and Distribution Command (SDDC); Conrail;
Agrium N.A.Wholesale Transportation Compliance; Koch Nitrogen Company;
Columbiana Boiler Company; and subject matter expert staff in FRA and
Given that this rulemaking proposes to amend the HMR to incorporate
provisions contained in certain widely used or longstanding railroad
special permits that have an established safety record, these proposed
change in regulation would increase safety and environmental
protections. There are no significant environmental impacts associated
with this proposed rule.
J. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Rail
carriers, Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Railroad safety, Reporting and
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
In consideration of the foregoing, we propose to amend 49 CFR
Chapter I as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for part 171 continues to read as
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
Sec. 171.7 [Amended]
2. In the ``Table of material incorporated by reference,'' at Sec.
171.7(a)(3), for the entry ``AAR Manual of Standards and Recommended
Practices, Section C-Part III, Specifications for Tank Cars,
Specification M-1002, (AAR Specifications for Tank Cars), December
2000, the reference to Sec. 174.63 is removed.
3. In Sec. 171.8, the definition ``Train consist'' is added in
alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Train consist means a written record of the contents and location
of each rail car in a train.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
4. The authority citation for part 172 continues to read as
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.
5. In Sec. 172.201, revise paragraph (a)(2) and add paragraph
(a)(5) to read as follows:
Sec. 172.201 Preparation and retention of shipping papers.
(a) * * *
(2) The required shipping description on a shipping paper and all
copies of the shipping paper used for transportation purposes must be
legible and printed (manually or mechanically) in English.
* * * * *
(5) Electronic shipping papers. For transportation by rail, a rail
carrier may accept shipping paper information either telephonically
(i.e., voice communications and facsimiles) or electronically (EDI)
from an offeror of a hazardous materials shipment in accordance with
the provisions in paragraphs (a)(5)(i) through (v) of this section. For
the purposes of this section electronic data interchange (EDI) means
the computer-to-computer exchange of business data in standard formats.
In EDI, information is organized according to a specific format
(electronic transmission protocol) agreed upon by the sender and
receiver of this information, and transmitted through a computer
transaction that requires no human intervention or retyping at either
end of the transmission.
(i) When the information applicable to the consignment is provided
under this requirement the information must be available to the shipper
and carrier at all times during transport, and the carrier must have
and maintain a printed copy of this information until delivery of the
hazardous materials on the shipping paper is complete. When a paper
document is produced, the data must be presented as required by this
(ii) The offeror must forward the shipping paper (record) for a
loaded movement to the carrier prior to shipment unless the carrier
prepares the shipping paper on behalf of the offeror. The offeror is
only relieved of the duty to forward the shipping paper once the
offeror has received a copy of the shipping paper from the carrier;
(iii) A carrier that generates a residue shipping paper using
information from the previous loaded movement of a hazardous materials
packaging must ensure the description of the hazardous material that
accompanies the shipment complies with the offeror's request;
(iv) Verification. The carrier and the offeror must have a
procedure by which the offeror can verify accuracy of the transmitted
hazard communication information that will accompany the shipment; and
(v) Retention. The shipping document that is generated must be
retained in conformance with Sec. 172.201(e).
* * * * *
6. In Sec. 172.202, paragraph (b) is amended by adding a third
sentence to read as follows:
Sec. 172.202 Description of hazardous material on shipping papers.
* * * * *
(b) * * * Shipping descriptions for hazardous materials offered or
intended for transportation by rail that contain all the information
required in this subpart and that are formatted and ordered in
accordance with recognized electronic data interchange standards and,
to the extent possible, in the order and manner required by this
subpart are deemed to comply with this paragraph.
* * * * *
7. In Sec. 172.204 paragraph (a) introductory text, a sentence is
added to the end and paragraphs (a)(3) and (d)(3) are added to read as
Sec. 172.204 Shipper's certification.
(a) * * * For transportation by rail only, the certification may be
received verbally or with abbreviated written language in conformance
with paragraphs (a)(3)(i) and (ii) of this section.
* * * * *
(3) Rail only certifications. For transportation by rail, the
shipping paper certification may also be accomplished by one of the
(i) Verbal certification. When received telephonically, by the
carrier reading the complete shipping description that will accompany
the shipment to the offeror and receiving verbal acknowledgment that
the description is as required. This verbal acknowledgement must be
recorded, either on the shipping document or in a separate record,
e.g., the train consist, in accordance with Sec. 174.24, and must
include the date and name of the person who provided this information;
(ii) Written abbreviated certification. When transmitted
electronically, by including the following abbreviated certification,
in lieu of the full certification: ``* * *, on behalf of shipper [or
``offeror''] avers [or ``declares''] certification specified in Sec.
172.204(a).'' The name of the principal partner, officer, or employee
of the offeror or his agent must be substituted for the asterisks;
* * * * *
(d) * * *
(3) For transportation by rail, when transmitted by telephone or
electronically, the signature may be in one of the following forms: the
name of the principal person, partner, officer, or employee of the
offeror or his agent in a computer field defined for that purpose.
8. In Sec. 172.604, paragraphs (a) introductory text and
(a)(3)(ii) are revised to read as follows:
Sec. 172.604 Emergency Response Telephone Number.
(a) A person who offers a hazardous material for transportation
must provide an emergency response telephone number, including the area
code, for use in an emergency involving the hazardous material. For
telephone numbers outside the United States, the international access
code or the ``+'' (plus) sign, country code, and city code, as
appropriate, that are needed to complete the call must be included. The
telephone number must be--
* * * * *
(3) * * *
(ii) Entered once on the shipping paper in the manner prescribed in
paragraph (b) of this section in a prominent, readily identifiable, and
clearly visible manner that allows the information to be easily and
quickly found, such as by highlighting, use of a larger font or a font
that is a different color from other text and information, or otherwise
setting the information apart to provide for quick and easy
recognition. This provision may be used only if the telephone number
applies to each hazardous material entered on the shipping paper, and
if it is indicated that the telephone number is for emergency response
information (for example: ``EMERGENCY CONTACT: * * *'').
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
9. The authority citation for part 173 continues to read as
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.
10. In Sec. 173.314, paragraph (e) is redesignated as (e)(1) and
its first sentence is revised, paragraph (k) is redesignated as (k)(1),
and paragraphs (e)(2) and (k)(2) are added to read as follows:
Sec. 173.314 Compressed gases in tank cars and multi-unit tank cars.
* * * * *
(e) Verification of content. (1) The amount of liquefied gas loaded
into each tank may be determined either by measurement or calculation
of the weight, except that DOT specification tank car tanks authorized
for the transportation of ammonia solution and anhydrous ammonia may
have the amount of liquefied gas loaded into the tank car measured by a
metering device in conformance with paragraph (e)(2) of this section. *
(2) Metering device. (i) Loading procedures. Tank cars loaded with
a metering device in conformance with this section are not required to
be weighed, but must have their outage measured with a magnetic gauging
device to determine that the tank car is properly loaded in compliance
with this subchapter. Each tank car using a metering device must be
loaded using the following procedures. A copy of these procedures must
be available at each location where such loading takes place.
Certification in writing of the inspection and completion of these
loading and/or unloading procedures must be maintained for each tank
car loaded with a metering device and maintained in accordance with the
recordkeeping requirements in paragraph (e)(2)(iii) of this section,
and all necessary records must be completed. At a minimum, these
procedures will specify:
(A) The minimum safety equipment that must be worn by each employee
performing a loading and unloading task under this paragraph (e)(2).
The equipment must be designed to protect employees from the dangers
associated with exposure to and contact with the hazardous material and
must also comply with the laws of the Department of Labor's
Occupational Safety and Health Administration, and the state and local
laws of the jurisdiction where the task is being performed.
(B) That prior to loading a rail tank car all truck brakes must be
set and chock blocks installed on one set of truck's wheels, and the
rail tank car must be properly spotted and signed, and the tank
visually inspected for any sign of damage in the--
(1) Hoses, connections, and valves;
(2) Truck and rail car under carriage assemblies;
(3) Tank and/or jacket; and
(4) Accessories inside of loading dome.
(C) Any defects found must be recorded, and the tank must not be
loaded until the repairs to eliminate each defect are completed.
(D) The tank car must be allowed to sit undisturbed for at least 10
minutes after loading to allow material within the tank to settle.
After this has occurred a final check for leaks must be conducted prior
to closing the dome cover and properly inserting the dome pin.
(ii) Verification. One out of every 10 tank cars loaded by the use
of the metering device must be gauged utilizing the fixed gauging
equipment on the tank car to verify by calculation the amount of
ammonia solution or anhydrous ammonia contained in the tank car.
(iii) Recordkeeping. The following information must be maintained
and be made available to any representative of the DOT upon request for
each tank car loaded with the use of a metering device:
(A) Date loaded,
(B) Date shipped,
(C) Tank car reporting marks,
(D) DOT Specification,
(E) Tank car stenciled shell capacity (gallons),
(F) Tank car stenciled tare weight (pounds),
(G) Outage or innage table number,
(H) Water capacity of tank car (pounds),
(I) Maximum permitted filling density (see Sec. 173.314, Table
(J) Specific gravity of NH3 (@105 [deg]F = 0.5796 and
@115 [deg]F = 0.5706),
(K) Tank car outage (inches/gallons),
(L) Gallons of liquid ammonia in tank car,
(M) Quantity of vapor ammonia in tank car, and
(N) Total calculated ammonia (liquid & vapor) in tank car (pounds).
* * * * *
(k) * * *
(2) DOT105J500W tank cars may be used as authorized packagings, as
prescribed in this subchapter for transporting ``Chlorine, 2.3 (8), UN
1017, Poison Inhalation Hazard, Zone B, RQ,'' if the tank cars meet all
DOT specification requirements and the tank cars are equipped with
combination safety relief valves with a start-to-discharge pressure of
360 psi, rather than the 356 psi. The start-to-discharge pressure
setting must be marked on the pressure relief device in conformance
with the AAR Specification for Tank Cars (IBR, see Sec. 171.7 of this
* * * * *
PART 174--CARRIAGE BY RAIL
11. The authority citation for part 174 continues to read as
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
Sec. 174.63 [Amended]
12. In Sec. 174.63(c)(2) is removed and reserved.
PART 179--SPECIFICATIONS FOR TANK CARS
13. The authority citation for part 179 is revised to read as
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
14. In Sec. 179.13, paragraph (b) is revised to read as follows:
Sec. 179.13 Tank car capacity and gross weight limitation.
* * * * *
(b) Tank cars containing poisonous-by-inhalation material meeting
the applicable authorized tank car specifications listed in Sec.
173.244(a)(2) or (3), or Sec. 173.314(c) or (d) may have a gross
weight on rail of up to 286,000 pounds upon approval by the Associate
Administrator for Railroad Safety, FRA. Tank cars exceeding 263,000
pounds and up to 286,000 pounds gross weight on rail must meet the
requirements of AAR Standard S-286, Free/Unrestricted Interchange for
286,000 lb Gross Rail Load Cars (IBR, see Sec. 171.7 of this
subchapter). Any increase in weight above 263,000 pounds may not be
used to increase the quantity of the contents of the tank car.
15. In Subpart B, add Sec. 179.24 to read as follows:
Sec. 179.24 Stamping.
(a)(1) After December 31, 2011, to certify compliance with Federal
requirements, the tank manufacturer must install two identical
permanent identification plates, one located on both inboard surfaces
of the ``A'' (i.e., opposite) end of the tank car. One identification
plate must be installed on the right side (AR) of the tank car, and the
other must be installed on the back end left side (BL) body bolster
webs so that each plate is readily accessible for inspection. The
plates must be at least 3/32-inch thick and manufactured from corrosion
resistant metal. When the tank jacket (flashing) covers the body
bolster web and identification plates, additional identical plates must
be installed on the AR and BL corners of the tank in a visible
location. Tank cars built before December 31, 2011, may have the plate
instead of or in addition to the stamping.
(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, and the AAR form
reference is to the AAR Specifications for Tank Cars, December 2000
edition (IBR, see Sec. 171.7 of this subchapter)):
(i) Tank Manufacturer (Tank MFG): Full name of the car builder as
shown on the certificate of construction (AAR form 4-2).
(ii) Tank Manufacturer's Serial Number (SERIAL NO): For the
(iii) AAR Number (AAR NO): The AAR number from line 3 of AAR Form
(iv) Tank Specification (SPECIFICATION): The specification to which
the tank was built from line 7 of AAR form 4-2.
(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 from lines 15 and 16 of AAR Form 4-2. 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
(vii) Insulation Thickness (INSULATION THICKNESS): In inches.
(viii) Underframe/Stub Sill Type (UF/SS DESIGN): The design from
Line 32 of AAR Form 4-2.
(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, then show both dates.
(3) When a modification to the tank changes any of the information
shown in paragraph (a)(2) of this section, the car owner or the tank
car facility making the modification must install an additional
variable identification plate on the tank in accordance with paragraph
(a)(1) of this section showing the following information:
(i) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 4-2
for the alteration or conversion.
(ii) All items of paragraph (a)(2) of this section that were
modified, followed by the month and year of modification.
16. In Sec. 179.100-20, paragraph (b) is added to read as follows:
Sec. 179.100-20 Stamping.
* * * * *
(b) Authorized DOT tank cars with stainless steel identification
plates must have their DOT Specification and other required information
stamped plainly and permanently on their identification plate in
conformance with the applicable requirements prescribed in Sec.
17. In Sec. 179.200-24, paragraph (c) is added to read as follows:
Sec. 179.200-24 Stamping.
* * * * *
(c) Authorized DOT non-pressure tank car tanks with stainless steel
identification plates may have their DOT Specification and other
required information stamped plainly and permanently on their
identification plate instead of into the metal of the tank in
conformance with the applicable requirements prescribed in Sec.
18. In Sec. 179.201-10, paragraph (b) is added to read as follows:
Sec. 179.201-10 Water capacity marking.
* * * * *
(b) After December 31, 2011, authorized DOT non-pressure tank cars
that comply with this section and are equipped with stainless steel
identification plates may have the water capacity of the tank in pounds
prescribed in the first sentence of paragraph (a) of this section
stamped plainly and permanently on their identification plate instead
of into the
metal of the tank, or immediately below the stamped marks specified in
Sec. 179.200-24(a) in conformance with the applicable marking
requirements prescribed in Sec. 179.24(a).
19. In Sec. 179.220-25, the existing text is redesignated as
paragraph (a) and paragraph (b) is added to read as follows:
Sec. 179.220-25 Stamping.
* * * * *
(b) Authorized Class DOT-115 non-pressure tank car tanks with
stainless steel identification plates may have their DOT Specification
and other required information stamped plainly and permanently on their
identification plate instead of into the metal of the tank in
conformance with the applicable requirements prescribed in Sec.
20. In Sec. 179.300-13, paragraph (b) is revised to read as
Sec. 179.300-13 Venting, loading and unloading valves.
* * * * *
(b) Threads for openings must be National Gas Taper Threads (NGT)
tapped to gauge, clean cut, even and without checks. Threads for the
clean-out/inspection ports of DOT Specification 110A multi-unit tank
car tanks may be straight threads instead of taper threads. The
straight threads must meet the requirements of Sec. 178.61(h)(3)(i)
and (iii). Taper threads must comply with Sec. 178.61(h)(3)(i) and
(ii). Hex plugs may be secured to threaded boss ports using stainless
steel safety wire of adequate strength and design for its intended use.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
21. The authority citation for part 180 continues to read as
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.
22. Revise Sec. 180.501 to read as follows:
Sec. 180.501 Applicability.
(a) This subpart prescribes requirements, in addition to those
contained in parts 107, 171, 172, 173, 174, and 179 of this subchapter,
applicable to any person who manufactures, fabricates, marks,
maintains, repairs, inspects, or services tank cars to ensure
(b) This subpart also establishes the minimum acceptable framework
for an owner's qualification 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 program
for each tank car, or a fleet of tank cars, must identify where to
inspect, how to inspect, and the acceptance criteria. Tank car
facilities must incorporate the owner's qualification program in their
quality assurance program, as required under Sec. 179.7(a)(2), (b)(3),
(c) Any person who performs a function prescribed in this part must
perform that function in accordance with this part.
(d) Where, in this subpart, a person is required to make documents
available to FRA upon request, such request means that credentialed FRA
personnel or an authorized representative of the Department may view
the documents and make copies of them. The document owner's may seek
confidential treatment of the documents presented. See Sec. 105.30.
23. Revise Sec. 180.503 to read as follows:
Sec. 180.503 Definitions.
The following definitions and those contained in Sec. Sec. 171.8
and 179.2 of this subchapter apply:
Corrosive to the tank or service equipment means a material
identified in Appendix D of this part or a material when in contact
with the inner shell of the tank or service equipment may have a severe
corrosion rate on steel or aluminum based on criteria in Sec.
Defects mean abrasions; corrosion; cracks; dents; flaws in welds;
distortions; erosion; missing, damaged, leaking or loose components and
fasteners; and other conditions or imperfections that may make a tank
car unsafe for transportation and/or require it to be removed from
Design level of reliability and safety means the level of
reliability and safety built into the tank car and therefore inherent
in its specification, design, and manufacture.
Interior heater system means a piping system located within the
tank shell that uses a fluid medium to heat the lading for the purposes
Lining/Coating owner means the person responsible for bearing the
costs of maintaining the lining/coating.
Maintenance means inspection, upkeep, or preservation, including
ordinary repairs necessary and proper.
Modification means any change to a tank car that affects the
certificate of construction prescribed in Sec. 179.5, including an
alteration prescribed in Sec. 179.6, or conversion.
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 tank car or a class or design of
tank cars may be in an unsafe operating condition.
Qualification, as relevant to a tank car, means the car conforms to
the specification to which it was built or modified, to the
requirements of this subpart, to the requirements of the AAR Tank Car
Manual (IBR, see Sec. 171.7 of this subchapter) and to the owner's
acceptance criteria. Qualification is accomplished by careful and
critical examination using inspections and tests based on a written
program that verifies conformance, followed by a written representation
of that conformance. A tank car that passes the appropriate tests for
its specification, has a signed test report, is marked to denote this
passage, and is considered qualified for hazardous materials
transportation under this subchapter.
Qualification of Tests and Inspections Sec. 180.509(*)
Tank..................................... Visual Inspection..................... d
Structural Integrity Inspection....... e
Thickness Test: Note 1................ f
Safety System Inspection.............. h
Leakage Pressure Test................. j
Service Equipment........................ Service Equipment..................... k
Lining/Coating........................... Linings and Coatings.................. i
Note 1: Paragraph (f)(2) in Sec. 180.509 of this part may require thickness tests at an interval different
from the other items for qualification of the tank.
Railworthy, Railworthiness for a tank car, means that the tank,
service equipment, safety systems, and all other components are capable
of performing their intended function until their next qualification.
Reactive to the tank or service equipment means a material that, in
contact with the inner shell of the tank, or with the service
equipment, may react to produce heat, gases, and/or pressure which
could substantially reduce the effectiveness of the packaging or the
safety of its use.
Reinforced tank shell butt weld means the portion of a butt weld
covered by a reinforcing plate.
Reinforcing plate means an attachment welded directly to the tank
supporting major structural components for the purpose of preventing
damage to the tank through fatigue, overstressing, denting, puncturing,
Reliability means the quantified ability of an item or structure to
operate without failure for the specified period of its design life or
until its next qualification.
Representation means attesting through documenting, in writing or
by marking on the tank (or jacket), that a tank car is qualified and
Safety system means one or more of the following: thermal
protection systems, insulation systems, tank head puncture resistance
systems, coupler vertical restraint systems, and systems used to
protect discontinuities (e.g., skid protection and protective housings)
as required under the HMR.
Service equipment means equipment used for loading and unloading
(including an interior heating system), sampling, venting, vacuum
relief, pressure relief, and measuring the amount of lading or the
Service equipment owner means the party responsible for bearing the
cost of the maintenance of the service equipment.
Tank car owner means the person to whom a rail car's reporting
marks are assigned, as listed in the Universal Machine Language
Equipment Register (UMLER).
24. In Sec. 180.507, the first sentence in paragraph (b)(2) is
revised to read as follows:
Sec. 180.507 Qualification of tank cars.
* * * * *
(b) * * *
(2) For each tank car conforming to and used under a special permit
(exemption) issued before October 1, 1984, which authorized the
transportation of a cryogenic liquid in a tank car, the owner or
operator must remove the exemption number stenciled on the tank car and
mark the tank car with the appropriate Class DOT-113 specification
followed by the applicable Special Permit (DOT SP) number. * * *
* * * * *
25. Amend Sec. 180.509 as follows:
a. Revise paragraphs (a), (b)(1), (2), and (4), (c) introductory
text heading, and (c)(3);
b. Add paragraphs (d)(1)(i) and (ii);
c. Revise paragraphs (d)(2) through (6);
d. Add paragraph (d)(7);
e. Revise paragraphs (e) and (f);
f. Redesignate paragraph (g)(1) as (g) and revise it;
g. Revise paragraphs (h) through (l); and
h. Add paragraph (m).
The revisions and additions read as follows:
Sec. 180.509 Requirements for qualification of specification tank
(a) General. Each tank car owner must ensure that a tank car
(1) Inspects and tests each item according to the requirements
specified in this section;
(2) Evaluates each item according to the acceptable results of
inspections and tests specified in Sec. 180.511;
(3) Marks each tank car as specified in Sec. 180.515 for each item
that successfully passes an inspection and test, and
(4) Prepares the documentation as required by Sec. 180.517 for
each item qualified under this section. A copy of the documentation
required by Sec. 180.517 must be sent to the builder or owner as
appropriate and according to the builder's or owner's instructions.
(b) Conditions requiring inspection and test of tank cars. Without
regard to the qualification compliance date requirements of any
paragraph of this section, an owner of a tank car or a lining or
coating must have an appropriate inspection and test according to the
type of defect and the type of maintenance or repair performed if:
(1) The tank car shows evidence of abrasion, corrosion, cracks,
dents, distortions, defects in welds, or any other condition that may
make the tank car unsafe for transportation,
(2) The tank car was in an accident and shows evidence of damage to
an extent that may adversely affect its capability to retain its
contents or to otherwise remain railworthy.
* * * * *
(4) The Associate Administrator for Railroad Safety, FRA, requires
it based on the existence of an objectively reasonable and articulable
belief that a tank car or a class or design of tank cars may be in an
unsafe operating condition.
(c) Frequency of qualification. * * *
(3) Fusion welded tank cars must be inspected and tested to be
qualified and maintained in accordance with the following table. All
qualification requirements need not be done at the same time or at the
Frequency of qualification inspection and tests.
Section 180.509(*) Description Maximum interval
d.................................. Visual inspection....................... 10 years.
e.................................. Structural integrity inspection......... 10 years.
f.................................. Thickness test.......................... See Sec. 180.509(f).
h.................................. Safety Systems.......................... 10 years.
i.................................. Lining or coating (for materials See Sec. 180.509(i).
corrosive or reactive to the tank) (See
definitions at Sec. 180.503).
j.................................. Leakage pressure test................... After reassembly.
k.................................. Service equipment (including pressure See Sec. 180.509(k).
(d) * * *
(1) * * *
(i) Except in areas where tank structure, insulation, head
protection, thermal protection, internal linings or coatings preclude
it, an internal and external inspection of the tank shell and heads for
abrasion, corrosion, cracks, dents, distortions, flaws in welds, or any
other condition that may make the tank car unsafe for transportation;
(ii) For DOT 115 class tank cars, an internal inspection of the
inner container and external inspection of the outer shell and heads
for defects in welds, or any other condition that may
make the tank car unsafe for transportation;
(2) When a lining, coating, head protection, insulation, or thermal
protection is removed in part or in whole, the exposed surface, i.e.,
internal and external, of the tank must be visually inspected for
defects in welds, or any other condition that may make the tank car
unsafe for transportation. This inspection must precede any application
or reapplication of a lining or coating.
(3) An inspection of the service equipment, including gaskets, for
indications of corrosion and other conditions that may make the tank
car unsafe for transportation;
(4) An inspection for missing or loose bolts, nuts, or elements
that may make the tank car unsafe for transportation;
(5) An inspection of all closures on the tank car for conditions
that may make the tank car unsafe for transportation, including an
inspection of the protective housings for proper condition;
(6) An inspection of excess flow valves with threaded seats for
(7) An inspection of the required markings on the tank car for
(e) Structural integrity inspections and tests. (1) Each tank car
owner must ensure the structural elements on the tank car qualify with
the applicable requirements of this subchapter. At a minimum, the
structural integrity inspection and test must include:
(i) All transverse fillet welds greater than 0.64 cm (0.25 inch)
within 121.92 cm (4 feet) of the bottom longitudinal centerline except
body bolster pad attachment welds;
(ii) The termination of longitudinal fillet welds greater than 0.64
cm (0.25 inch) within 121.92 cm (4 feet) of the bottom longitudinal
(iii) The tank shell butt welds within 60.96 cm (2 feet) of the
bottom longitudinal centerline, unless the tank car owner can determine
by analysis (e.g., finite element analysis, damage-tolerance analysis,
or service reliability assessment) that the structure will not develop
defects that reduce the design level of safety and reliability or fail
within its operational life or prior to the next required inspection.
The owner must maintain all documentation used to make such
determination at its principal place of business and make the data
available to FRA or an authorized representative of the Department upon
(2) For DOT 115 class tanks, paragraphs (e)(1)(i--iii) of this
section apply only to the outer shell fillet welds and to the non-
reinforced exposed outer shell butt welds.
(3) The inspection requirements of paragraph (e)(1)(iii) of this
section do not apply to reinforced tank shell butt welds until the time
of lining removal or application for tank cars with an internal lead,
glass, or rubber lining.
(4) Each tank car facility must inspect and test the elements
identified in paragraph (e)(1) of this section by one or more of the
(i) Dye penetrant testing (PT);
(ii) Radiographic examination (RT);
(iii) Magnetic particle testing (MT);
(iv) Ultrasonic testing (UT); and
(v) Direct, remote, or enhanced visual inspection, using, for
example, magnifiers, fiberscopes, borescopes, and/or machine vision
(f) Thickness tests. (1) The tank car owner must ensure that each
tank car facility measures the thickness of the tank car shell, heads,
sumps, domes, and nozzles on each tank car by using a device capable of
accurately measuring the thickness to within 0.05 mm
(2) The tank car owner must ensure that each tank car has a
thickness test measurement:
(i) At the time of an internal lining or coating application or
(ii) At least once every ten (10) years for a tank that does not
have an internal lining or coating, or
(iii) At least once every five (5) years for a tank that does not
have an internal lining or coating when:
(A) The tank is used to transport a material that is corrosive or
reactive to the tank (see Appendix D of this part) or service equipment
as defined Sec. 180.503, and
(B) The remaining shell and head thickness is at or below line C in
Figure A of this paragraph.
Tank and Shell Thickness Qualification Frequencies
[GRAPHIC] [TIFF OMITTED] TP18AU11.035
A As-built tank shell or head thickness with additional
B Required minimum tank shell or head thickness after forming
per part 179.
C Inspection frequency adjustment point (design minimum shell or
head thickness, minus [frac12] of the table value in paragraph (g)
of this section).
D Condemning limit for general corrosion (required minimum shell
or head thickness, minus the value in paragraph (g) of this
E Condemning limit for localized corrosion (required minimum
shell or head thickness, minus the table value in paragraph (g) of
this section, minus 1.58 mm (\1/16\-inch)). See Note 1 in paragraph
(g) of this section for diameter limitations and minimum separation
F Allowable shell or head thickness reduction (table value in
paragraph (g) of this section).
G Additional thickness reduction for localized areas in
paragraph (g) of this section.
(3) For a localized repair of an internal lining or internal
coating where a material corrosive to the tank or service equipment as
defined Sec. 180.503 has contacted the tank, a qualified individual
must verify conformance with paragraph (g) of this section by measuring
the shell or head in the area of the repair. The thickness test applies
only to the non-lined or coated repaired area, and is not a
Modification of the tank stencil is not required.
(4) Operation of a tank car below the condemning limit for general
corrosion or the condemning limit for localized corrosion (as shown in
Figure A of this section) is prohibited.
(5) For sumps, domes, nozzles, and nozzle reinforcements, the tank
car owner must determine if any reduction in wall thickness affects the
design levels of reliability and safety built into sump, dome, nozzle,
or nozzle reinforcement. Each tank car owner must maintain at its
principal place of business documentation describing the allowable
thickness reductions for sumps, domes, and nozzles, and nozzle
reinforcements. This documentation must be made available to FRA or an
authorized representative of the Department upon request.
(6) After repairs, alterations, conversions, modifications, or
blasting of tank car that results in a reduction of the tank's
thickness, a qualified individual must measure the thickness of the
tank in the area of reduced thickness to ensure that the thickness of
the tank conforms to paragraph (g) of this section.
(g) Service life thickness allowance. A tank car found with a
thickness below the required minimum thickness after forming for its
specification, as stated in part 179 of this subchapter, may continue
in service if any reduction in the required minimum thickness is not
more than that provided in the following table:
Allowable Shell Thickness Reductions
Top shell and tank
Marked tank test pressure head Bottom shell
60 psig < 200 psig............. 3.17 mm........... 1.58 mm
1/8 inch.......... \1/16\-inch
>=200 psig..................... 0.79 mm........... 0.79 mm
1/32 inch......... \1/32\-inch
Note 1. A tank car owner may add an extra 1.58 mm (1/16 inch) to the
values in the table for local reductions. Local reductions are those
that do not exceed 20.32 linear centimeters (8 linear inches) measured
at the longest diameter, and are separated from the other local
reductions by at least 40.64 cm (16 inches).
Note 2. Any reduction in the tank car shell thickness may not affect the
structural strength of the tank car to the extent that the tank car no
longer conforms to Section 6.2 of the AAR Specifications for Tank Cars
(IBR, see Sec. 171.7 of this subchapter).
Note 3. For DOT 115 class tank cars, shell thickness reductions apply
only to the outer shell of the tank car. There is no shell or head
thickness reduction authorized for the inner tank.
(h) Safety system inspections. Each tank car owner must ensure
qualification of the tank car safety systems. However, inspections of
foam or cork insulation systems are not required.
(i) Lining and coating inspection and test. (1) At a minimum, the
owner of a lining or coating applied to protect a tank used to
transport a material that is corrosive or reactive to the tank must
ensure accomplishment of an inspection adequate to detect defects or
other conditions that could reduce the reliability of the tank. In
addition, the owner of a lining of tank cars used to transport
hazardous materials must ensure the lining complies with Sec.
173.24(b)(2) and (3) of this subchapter.
(2) The owner of the lining or coating must establish and maintain
a record of the service life of the lining or coating and commodity
combination, that is, the specific hazardous materials that were loaded
into a tank and the lining or coating in place at the time of loading.
The owner of the lining or coating must use its knowledge of the
service life of each lining or coating and commodity combination to
establish an appropriate inspection interval for that lining or coating
and commodity combination. This interval must not exceed eight (8)
years, unless the lining or coating owner can establish, document, and
show that the service history or scientific analysis of the lining or
coating and commodity pairing supports a longer inspection interval.
The owner must maintain at its principal place of business a written
procedure for collecting and documenting the life of the lining or
coating applied within the tank car. The lining or coating owner must
provide this documentation, including inspection and test, repair,
removal, and application procedures, to the FRA or car owner upon
request. In addition, any person who offers a loaded tank car into
transportation must provide commodity information to the car owner and
the owner of the lining or coating upon request.
(3) The owner of the lining or coating must provide the test method
and acceptance criteria for the lining or coating to the tank car owner
and to the person responsible for qualifying the lining or coating. The
tank car facility inspecting and testing the lining or coating must
follow the inspection and test requirements, including the acceptance
requirements, established by the lining or coating owner.
(j) Leakage pressure test. Unless the design of the service
equipment arrangement precludes it (e.g., there is no fitting to
pressurize the tank), each owner of a tank car must ensure that the
tank, service equipment, and closures installed, replaced, or
reinstalled on the tank car are leak tested. The test may be conducted
with the lading in the tank. When the test pressure exceeds the start-
to-discharge or burst pressure of a pressure relief device, the device
must be rendered inoperative. The written procedures and test method
for leak testing must ensure for the sensitivity and reliability of the
test method and for the serviceability of components to prevent
premature failure. This section does not apply to facilities that
remove closures for the sole purpose of loading or unloading the lading
(e.g., blind flanges, pipe plugs, etc.).
(k) Service equipment inspection and test. (1) Each tank car owner
must ensure for the qualification of tank car service equipment at
least once every ten (10) years. The tank car owner must analyze the
service equipment inspection and test results for any given lading and,
based on the analysis, adjust the inspection and test frequency to
ensure that the design level of reliability and safety of the equipment
is met. The owner must maintain at its principal place of business all
supporting documentation used to make such analyses and inspection and
test frequency adjustments. The supporting documentation must be made
available to FRA or an authorized representative of the Department upon
(2) Each tank car facility must qualify service equipment,
including reclosing pressure relief devices and interior heater systems
in accordance with Appendix D of the AAR Specifications for Tank Cars
(IBR, see Sec. 171.7 of this subchapter).
(l) Alternative inspection and test procedures. When approved by
Associate Administrator for Railroad Safety, FRA, a tank car owner, or
a lining or coating owner may use an alternative inspection and test
procedure or interval based on a damage-tolerance analysis (that must
include a determination of the probable locations and modes of damage
due to fatigue, corrosion, and accidental damage), or based on a
service reliability assessment (that must be supported by analysis of
systematically collected data) in lieu of the other requirements of
(m) Qualification compliance date for tank cars. (1) After July 1,
2000, each tank car with a metal jacket or with a thermal protection
system must have an inspection and test conforming to this section no
later than the date the tank car requires a periodic hydrostatic
pressure test (i.e., the marked due date on the tank car for the
(2) For insulated or jacketed tank cars on a 20-year periodic
hydrostatic pressure test interval (i.e., Class DOT 103W, 104W,
111A60W1, 111A100W1, and 111A100W3 tank cars), the next inspection and
the test date is the midpoint between the compliance date in paragraph
(m)(1) of this section and the remaining years until the tank would
have had a hydrostatic pressure test.
26. In Sec. 180.511, revise the introductory text and paragraphs
(d) and (g) and add paragraph (h) to read as follows:
Sec. 180.511 Acceptable results of inspections and tests.
Provided it conforms to other applicable requirements of this
subchapter, a tank car is qualified for use if it successfully passes
the inspections and tests set forth below conducted in accordance with
this subpart. A representation of that qualification must consist of
marking the tank in accordance with Sec. 180.515.
* * * * *
(d) Safety system inspection. A tank car successfully passes the
safety system inspection when each thermal protection system, tank head
puncture resistance system, coupler vertical restraint system, and
system used to protect discontinuities (e.g., breakage grooves on
bottom outlets and protective housings) on the tank car conform to this
subchapter and show no indication of a defect that may reduce
reliability before the next inspection and test interval.
* * * * *
(g) Hydrostatic test. A Class 107 tank car, the inner tank of a
Class 115 tank car, or a riveted tank car successfully passes the
hydrostatic test when it shows no leakage, distortion, excessive
permanent expansion, or other evidence of weakness that might render
the tank car unsafe for transportation service.
(h) Service equipment. A tank car successfully passes the service
equipment inspection and test when this equipment equipment conforms to
this subchapter and AAR Appendix D (IBR, see Sec. 171.7 of this
subchapter) and shows no indication of a defect that may reduce
reliability before the next inspection and test interval.
27. Revise Sec. 180.513 to read as follows:
Sec. 180.513 Repairs, alterations, conversions, and modifications.
(a) To work on tank cars, a tank car facility must comply with the
applicable requirements of this subpart, the AAR Specifications for
Tank Cars (IBR, see Sec. 171.7 of this subchapter), and the owner's
(b) An owner of a tank car or component is responsible for ensuring
that each tank car facility complies with the owner's maintenance
program by conducting periodic analyses and surveillance activities.
(c) Unless the exterior tank car shell or interior tank car jacket
has a protective coating, after a repair that requires the complete
removal of the tank car jacket, the exterior tank car shell and the
interior tank car jacket must have a protective coating applied to
prevent the deterioration of the tank shell and tank jacket. Previously
applied coatings that still provide effective protection need not be
(d) After repair, replacement, or qualification of tank car service
equipment, the tank service equipment must successfully pass the leak
test prescribed in Sec. 180.509(j).
28. Revise Sec. 180.515 to read as follows:
Sec. 180.515 Markings.
(a) When a tank car passes the required inspection and test with
acceptable results, the tank car facility must mark the date of the
inspection and test and the due date of the next inspection and test
qualified on the tank car in accordance with Appendix C of the AAR
Specifications for Tank Cars (IBR, see Sec. 171.7 of this subchapter).
When a tank car facility performs multiple inspections and tests at the
same time, one date may be used to satisfy the requirements of this
section. One date also may be shown when multiple inspections and test
have the same due date. Dates displayed on the ``consolidated stencil''
(see Appendix C of the AAR specifications for Tank Cars) take
precedence over dates modified, and not stenciled, pursuant to interval
adjustments for service equipment, linings, and granted alternative
(b) Converted DOT 105, 109, 112, 114, or 120 class tank cars must
have the new specification and conversion date permanently marked in
letters and figures at least 0.95 cm (0.375 inch) high on the outside
of the manway nozzle or the edge of the manway nozzle flange on the
left side of the car. The marking may have the last numeral of the
specification number omitted (e.g., ``DOT 111A100W'' instead of ``DOT
(c) When qualified within six months of installation and protected
from deterioration, the test date marking of a reclosing pressure
relief device is the installation date on the tank car.
29. In Sec. 180.517, revise paragraph (a), paragraph (b)
introductory text, and paragraphs (b)(3). (4), and (7), and add
paragraph (b)(8) to 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 certificate of construction (AAR Form 4-2) and
related papers certifying that the manufacture of the specification
tank car identified in the documents is in accordance with the
applicable specification. The builder's signature on the certificate of
construction, 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. The owner 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 requirements in Section 1.3.15 of the
AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this
subchapter) apply. The builder of the car or a facility performing work
on the car may retain copies of relevant records.
(b) Inspection and test reporting. Each tank car that is inspected
and tested as specified in Sec. 180.509 must have a written report, in
English, prepared according to this paragraph. For qualification
inspections and tests performed after initial service, marking the tank
car with the specification (or retaining the specification marking on
the tank) is the representation that all of the appropriate inspections
and tests were successfully performed to qualify the car for continued
use. The report may be created and retained electronically, but, upon
request by FRA for a copy of the report, it must be made
available in common readable form. The owner must retain a copy of the
inspection and test reports until successfully completing the next
inspection and test of the same type. The inspection and test report
must include the following:
* * * * *
(3) Tank car reporting mark and number;
(4) Tank car specification;
* * * * *
(7) The name and address of the tank car facility and the name and
signature of inspector; and
(8) The unique code (station stencil) identifying the facility.
30. Add Appendix D to Part 180 to read as follows:
Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or
This list contains materials identified either by proper
shipping name in 49 CFR 172.101 or shipped under an ``n.o.s.''
shipping description that, under certain conditions, can corrode
carbon steel tanks or service equipment at a rate that will reduce
the design level of reliability and safety of the tank or equipment
to an unsafe level before the next qualification. Materials
identified on this list are considered corrosive to the tank or
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 interior
coating or lining appropriately based on their 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, the Department of
Transportation, or the Association of American Railroads' Tank Car
Hazardous Materials Table Proper Shipping Names (See Sec. 172.101)
Acetic acid, glacial or Acetic acid solution
Aluminum chloride, solution
Arsenic acid, liquid
Arsenic acid, solid
Ferric chloride, solution
Fertilizer ammoniating solution (Nitrogen fertilizer solution)
Formaldehyde, solutions, flammable
Hydrochloric acid Hydrochloric acid solution
Hydrofluoric acid and Sulfuric acid mixtures
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized
Hydrogen, peroxide, aqueous solutions
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous
Methyl methacrylate monomer, stabilized
Phenyl phosphorus dichloride
Phenyl phosphorus thiodichloride
Phosphoric acid solution
Phosphoric acid, solid
Phosphorus trichloride (Phosphorus chloride)
Sodium chlorate, aqueous solution
Sulfuric acid, fuming
Sulfuric acid, spent
Zinc chloride, anhydrous
Zinc chloride, solution
Materials Transported Under an ``N.O.S.'' Description
Benzoic acid (Environmentally hazardous substance, liquid, n.o.s.,
(RQ 5,000 pounds)
Bisulphites, aqueous solution, n.o.s. (Ammonium bisulfide)
Black liquor (Corrosive liquids, n.o.s. (contains sulfuric acid))
Calcium lignosulfonate (not regulated under this subchapter)
Hexanoic acid (Corrosive liquids, n.o.s. (contains hexanoic acid))
Lignin liquor (not regulated under this subchapter)
Lithium chloride (not regulated under this subchapter)
Sodium polyacrylate (not regulated under this subchapter)
Titanium sulfate solution (Corrosive liquids, n.o.s. (contains
White liquor (not regulated under this subchapter)
Issued in Washington, DC, on August 10, 2011 under authority
delegated in 49 CFR part 106.
R. Ryan Posten,
Senior Director for Hazardous Materials Safety.
[FR Doc. 2011-20863 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-60-P