[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37961-37992]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13960]



[[Page 37961]]

Vol. 77

Monday,

No. 122

June 25, 2012

Part II





Department of Transportation





-----------------------------------------------------------------------





Pipeline and Hazardous Materials Safety Administration





-----------------------------------------------------------------------





49 CFR Parts 171, 172, 173, et al.





Hazardous Materials: Incorporating Rail Special Permits Into the 
Hazardous Materials Regulations; Final Rule

Federal Register / Vol. 77 , No. 122 / Monday, June 25, 2012 / Rules 
and Regulations

[[Page 37962]]


-----------------------------------------------------------------------

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)]
RIN 2137-AE55


Hazardous Materials: Incorporating Rail Special Permits Into the 
Hazardous Materials Regulations

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
amending the Hazardous Materials Regulations to incorporate provisions 
contained in certain widely used or longstanding rail special permits 
that have general applicability and established safety records. Special 
permits allow a company or an individual to package or ship a hazardous 
material in a manner that varies from the regulations provided an 
equivalent level of safety is maintained. Incorporating the special 
permits discussed in this rulemaking will provide users of the 
regulations with wider access to the regulatory flexibility offered in 
these special permits, eliminate the need for numerous renewal 
requests, reduce paperwork burdens, and facilitate commerce while 
maintaining an appropriate level of safety. This rulemaking will also 
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-600 portable tank program for 
previously adopted standards that meet or exceed the AAR-600 
requirements.

DATES: Effective date: July 25, 2012.
    Voluntary compliance date: PHMSA is authorizing voluntary 
compliance beginning June 25, 2012.
    Incorporation by reference date: The incorporation by reference of 
certain publications listed in this rule was previously approved by the 
Director of the Federal Register on October 1, 2003 and March 16, 2009.

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson, 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.

SUPPLEMENTARY INFORMATION: 

I. Background
    A. Notice of Proposed Rulemaking
    B. Comments on the NPRM
II. Amendments Adopted in Final Rule
III. Section-by-Section Review
IV. Regulatory Analyses and Notices
    A. Statutory/Legal Authority for the Rulemaking
    B. Executive Order 12866, Executive Order 13563, and DOT 
Regulatory Policies and Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies
    F. Paperwork Reduction Act
    G. Regulatory Identifier Number (RIN)
    H. Unfunded Mandates Reform Act
    I. Environmental Assessment
    J. Privacy Act

I. Background

A. Notice of Proposed Rulemaking

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
and the Federal Railroad Administration (FRA) issued a notice of 
proposed rulemaking (NPRM) on August 18, 2011 [76 FR 51324] under 
Docket No. PHMSA 2010-0018 (HM-216B) to amend the Hazardous Materials 
Regulations (HMR; 49 CFR Parts 171-180) to incorporate requirements 
based on seven existing special permits for transportation by railroad 
issued by PHMSA under 49 CFR Part 107, Subpart B (Sec. Sec.  107.101 to 
107.127). This NPRM was part of an ongoing review by PHMSA to identify 
widely used and longstanding special permits with established safety 
records for adoption into HMR. The numbers of the special permits 
considered for incorporation in the NPRM are DOT-SP: 7616, 9388, 11184, 
12095, 12905, 14333, and 14622. PHMSA identified these special permits 
as implementing new technologies and operational techniques that 
achieve a safety level that corresponds to or exceeds the safety level 
required under the HMR. In addition, we also addressed two petitions 
for rulemaking in the NPRM: P-1497 and P-1567. P-1497 pertains to the 
use of electronic shipping papers; P-1567 pertains to the removal of 
the AAR-600 portable tank program for previously adopted standards that 
meet or exceed AAR-600 requirements.
    Based on the aforementioned special permits and petitions for 
rulemaking, we subsequently proposed amendments to the HMR to:
    (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 Department of Transportation (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 Association of American Railroad (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 or ammonia solution 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 
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 container-on-flat-car (COFC) or trailer-
on-flat-car (TOFC) service that is incorporated into Sec.  
174.63(c)(2).

B. Comments on the NPRM

    The comment period for the NPRM closed on October 17, 2011. 
Thirteen entities provided comments in response to the NPRM. Most of 
the commenters support the proposals in the NPRM, while several 
commenters request modifications to the proposed regulations for 
clarity. Still others suggest certain proposals be eliminated 
altogether from consideration. PHMSA has summarized these comments in 
the ``Section-by-Section Review'' discussion of this rulemaking. 
Specifically, PHMSA received comments from the following:

1. Alltranstek LLC (Alltranstek)
2. American Railcar Leasing LLC (ARL)
3. Association of American Railroads (AAR)
4. The Chlorine Institute
5. CIT Group
6. Council on Safe Transportation of Hazardous Articles, Inc. (COSTHA)
7. Dangerous Goods Advisory Council (DGAC)

[[Page 37963]]

8. The Dow Chemical Company (Dow)
9. GATX Corporation (GATX)
10. International Vessel Operators Dangerous Goods Association (IVODGA)
11. Midland Rail Services, LLC (Midland)
12. Union Pacific Railroad (UPC)
13. Union Tank Car Company (UTC)

II. Amendments Adopted in Final Rule

    The following is a summary of the amendments PHMSA is adopting in 
this final rule. This list does not include minor editorial changes.
     The reference to Sec.  174.63 is removed from the AAR 
Manual of Standards and Recommended Practices M-1002 listing in Sec.  
171.7.
     Definitions for ``Electronic data interchange'' and 
``Train consist'' are added to Sec.  171.8.
     Requirements for electronic shipping papers, electronic 
data interchange (EDI) standards, and electronic signature 
certification for hazardous material rail shipments are added to 
Sec. Sec.  172.201(a)(5), 172.202(b), 172.204(a)(3)(ii), and (d)(3).
     Requirements for verbal certification of shipping papers 
for rail hazardous materials shipments are added to Sec.  
172.204(a)(3)(i) and (d)(3).
     The emergency response telephone number requirements are 
revised to clarify that telephone numbers outside the United States 
(U.S.) must be accompanied by the international access code or the plus 
sign, country code, and city code, as appropriate, needed to complete 
the call.
     Section 172.604(a)(3)(ii) is revised to clarify that the 
emergency response telephone number must be entered on the shipping 
paper in the manner prescribed in Sec.  172.604(b).
     Provisions to allow tank cars and multi-unit tank cars to 
be loaded with liquefied anhydrous ammonia gas or ammonia solution 
through the use of a metering device are added to Sec.  173.314(e).
     Section 173.314(k)(2) is added to permit DOT 105J500W tank 
cars equipped with combination safety relief valves with a start-to-
discharge pressure of 360 psi to be used as authorized packagings for 
inhalation hazard zone B Chlorine gas.
     Section 174.63(c)(2) is revised to remove the requirement 
for tank cars in container-on-flat-car (COFC) or trailer-on-flat-car 
(TOFC) service from complying with the AAR 600 program in the AAR 
Specification for Tank Cars, ``Specifications for the Acceptability of 
Tank Containers.''
     Section 179.13(b) is revised to specify FRA approval of 
tank cars carrying poisonous-by-inhalation materials with a gross 
weight on rail up to 286,000 pounds.
     Requirements to permit tank car information to be stamped 
on permanent identification plates placed on opposite ends of a tank 
car instead of stamped into the tank's head are added to Sec. Sec.  
179.24, 179.100-20, 179.200-24, 179.201-10, and 179.220-25.
     Requirements to permit straight threads to be used instead 
of tapered threads in the clean-out/inspection ports of DOT 
Specification 110A multi-unit tank car tanks are added to Sec.  
179.300-13.
     The applicability provisions for 49 CFR Part 180 are 
revised to include Part 174 in Sec.  180.501(a).
     Section 180.501(b) is added to require tank car owners to 
develop written tank car qualification procedures required under Sec.  
179.7 for their tank car employees, and to require tank car facilities 
to incorporate an owner's qualification program in the facility's 
quality assurance program.
     New paragraph (d) is added to Sec.  180.501 to require 
that documents must be made available upon request to credentialed FRA 
employees or authorized U.S. Department of Transportation employees.
     Definitions from the former Tank Car Qualification Program 
(TCQ-1) concerning tank car qualification and maintenance, some with 
revisions, are added to Sec.  180.503.
     Paragraph Sec.  180.507(b) is removed. This paragraph was 
added to the HMR in an earlier rulemaking to require tank cars 
authorized to transport cryogenic liquids under an exemption (DOT-E) 
issued before October 1, 1984, to remove the earlier exemption number, 
stamp the tank car with the appropriate Class DOT-113 specification, 
and mark the tank car with the applicable DOT-E number. PHMSA proposed 
in the NPRM to replace the DOT-E number marked on the tank with the 
applicable DOT-SP number. However, the FRA has determined most of the 
tank cars subject to this paragraph have been modified, that one 
special permit of this type may exist, and that the tank cars 
authorized under that special permit have already been marked with the 
current DOT-SP number. Therefore, FRA has determined the need for this 
section no longer exists.
     Section 180.509 is amended to add conditions and 
frequencies of inspections and tests for qualifying a tank car that 
were authorized under former TCQ-1. These provisions:
    [cir] Require that reports of all inspections and tests be sent to 
the tank car owner, and for a coating or lining, to the coating or 
lining owner;
    [cir] Permit the FRA Associate Administrator for Railroad Safety to 
declare a tank car in unsafe operating condition based on the existence 
of an objectively reasonable and articulable belief instead of a 
probable cause;
    [cir] Simplify the ``Allowable Shell Thickness Reduction'' table 
for a tank car's service life thickness allowance;
    [cir] Require the owner of a tank car coating or lining to ensure 
the adequacy and compatibility of the coating or lining for the 
material being offered for transport and to establish and maintain a 
record of service of the coating or lining and commodity combination, 
including an appropriate inspection interval that is not to exceed 
eight years, unless evidence or scientific analysis can be provided 
that supports a longer inspection interval;
    [cir] Require tank car owners to ensure a tank car's service 
equipment is qualified at least once every 10 years; and
    [cir] Clarifies that the Associate Administrator for Railroad 
Safety must approve alternative inspection and test procedures or 
intervals based on a damage-tolerance analysis or service reliability 
assessment.
     The introductory paragraph of Sec.  180.511 is revised to 
require the representation of a qualified tank car's inspections and 
tests to be marked on the tank in conformance with Sec.  180.515.
     Section 180.511(d) is revised to include a requirement 
that the safety system inspection must also show no indication of a 
defect that may reduce the reliability of tank car before its next 
inspection and test.
     Section 180.511(g) is revised to require a hydrostatic 
test for the inner tank of a DOT Class 115 specification tank car.
     Section 180.511(h) is added to establish acceptable 
results for inspection and test requirements for service equipment.
     Section 180.513 is revised to require that, in addition to 
having to comply with the AAR's Specifications for Tank Cars, a tank 
car facility making repairs, alterations, conversions, or modifications 
to a tank car must comply with the tank car owner's requirements, and 
must obtain the permission of the equipment owner before performing 
work that would affect the alteration, conversion, repair, or 
qualification of the owner's equipment. Also, after this work is 
performed, the tank's service equipment must successfully pass the leak 
test prescribed in Sec.  180.509(j).
     The tank car marking requirements prescribed in Sec.  
180.515(a) are revised to

[[Page 37964]]

establish that dates displayed on a consolidated stencil take 
precedence over dates that are modified and not stenciled, pursuant to 
interval adjustments for service equipment, linings, and granted 
alternative inspection intervals.
     Section 180.515(b) is revised to specifically list 
converted DOT 105, 109, 112, 114, and 120 specification tank cars as 
being required to have new specification and conversion date markings.
     Section 180.515(c) is revised to state the installation 
date of a reclosing pressure relief device on a tank car is the test 
date the device is ``qualified,'' instead of ``pressure tested,'' 
within six months from the date it was installed and protected from 
deterioration.
     Section 180.517(a) establishes that the builder's 
signature on a tank car's certificate of construction and marking of 
the tank car with the tank's specification represent that all the 
appropriate inspections and tests were performed successfully and the 
tank is qualified for use.
     Section 180.517(b) is revised to require that the written 
report of a tank car's qualification inspections and tests must be 
provided in a common readable form to FRA upon request, and must 
include the tank car reporting mark and number, specification, name of 
the inspector, and the unique code (station stencil) identifying the 
facility.
     49 CFR Part 180, Subpart D, is added to include materials 
the FRA has determined may, under certain conditions, corrode carbon 
steel tanks or service equipment at a rate that may reduce their 
reliability.

III. Section-by-Section Review

    The following is a section-by-section review of the amendments 
adopted in this final rule.

Part 171

Section 171.7

    Section 171.7 addresses industry standards and other reference 
materials that are incorporated by reference into the HMR. In the NPRM, 
we proposed to remove the reference to Sec.  174.63 under the AAR 
Manual of Standards and Recommended Practices, M-1002, (December, 2000) 
because we proposed to discontinue use of the AAR 600 program of the 
AAR's Specification for Tank Cars, entitled ``Specifications for the 
Acceptability of Tank Containers,'' in Sec.  174.63(c)(2). PHMSA 
received no comments on the specific proposed language change to this 
section. Therefore, in this final rule, this language is being adopted 
as proposed in the NPRM.
    It should be noted that several commenters object to PHMSA 
maintaining this edition in the HMR, stating that many of these 
standards are not applicable to the material being regulated or are 
obsolete compared to the AAR's 2007 edition of this publication. 
Several commenters request that PHMSA revise the HMR in this final rule 
to permit current and future editions of AAR M-1002 to be incorporated 
into the HMR when they are published.
    Before incorporating any organization's technical guidance into the 
HMR as a material incorporated by reference, PHMSA and the appropriate 
modal agency staff conduct an extensive technical review of the 
document to determine if the standards it establishes are safe and in 
conformance with the HMR. In addition, in such instances, federal 
agencies must comply with the other requirements concerning 
incorporating materials by reference, such as soliciting public comment 
on their incorporation as required under the Administrative Procedure 
Act, and completing procedures for their incorporation issued by the 
Federal Register. Therefore, PHMSA is denying this request. However, we 
will consider the 2007 or later edition of the AAR's M-1002 for 
possible incorporation into the HMR in a future rulemaking.

Section 171.8

    Section 171.8 provides definitions and abbreviations used 
throughout the HMR. In the NPRM, we proposed to add a definition to 
indicate that a ``train consist'' means a written record of the 
contents and location of each rail car in a train. Our intention was to 
provide a definition for a provision proposed in Sec.  172.204(a)(3)(i) 
to permit a carrier to record acknowledgment on a shipping paper that 
will accompany a rail hazardous material shipment or other document, 
like a train consist, that a correct, complete shipping description was 
received verbally over the telephone, and is in conformance with Sec.  
174.24. Commenters state that although a train consist is used to 
assist rail carriers, it is not an official shipping paper document, 
and that Sec.  174.24 refers only to shipping papers. We agree. 
Therefore, we are adopting this proposed definition in Sec.  171.8, but 
are not adding this phrase to Sec.  172.204(a)(3)(i).

Part 172

Section 172.201

    Section 172.201 specifies requirements for the preparation and 
retention of shipping papers used to describe hazardous materials in 
transportation. In the NPRM, we proposed minor editorial changes to 
clarify Sec.  172.201(a)(2), and proposed to revise Sec.  172.201(a)(5) 
to add provisions prescribed in DOT-SP 7616 for the acceptance, 
availability, forwarding, verification, and retention of electronic 
shipping paper information transmitted by EDI for the development of 
shipping papers used to transport hazardous materials by railcar. We 
also proposed requirements concerning the generation of residue 
shipping papers by carriers.
    Most of the commenters support amending the HMR to permit EDI 
transmission of shipping paper information. The DGAC states that, while 
EDI is generally well-understood without a definition, if retained in 
the final rule, PHMSA should move the last two sentences of proposed 
Sec.  172.201(a)(5) into a definition of EDI and place it under general 
definitions prescribed in Sec.  171.8 so that EDI's use is clearly not 
limited to rail transportation. The two sentences in the NPRM state:

    For the purpose 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 transaction.

    PHMSA and FRA agree that this commenter's remarks have merit. We 
also believe referring the regulated public to the existence of this 
new definition in Sec.  171.8 instead of Sec.  172.201(a)(5) will 
assist them with correctly applying this requirement. Therefore, PHMSA 
will eliminate the phrase ``For the purposes of this section'' from the 
first sentence of Sec.  172.201(a)(5), remove the last two sentences of 
that section and place them in a new definition for EDI under Sec.  
171.8, and add regulatory text to Sec.  172.201(a)(5) to refer the user 
to the new location of the EDI definition.
    In the NPRM, PHMSA proposed to require under Sec.  
172.201(a)(5)(iii) that a carrier that generates a shipping paper for 
tank cars containing residue using information from the previous loaded 
movement of a hazard materials packaging must ensure the description of 
the material that accompanies the shipment complies with the offerer's 
request. The DGAC assumes in all cases the carrier would have to comply 
with the offerer's instructions regardless of how the information is 
transmitted and recommends PHMSA delete this

[[Page 37965]]

provision because it is unnecessary. PHMSA and FRA disagree with the 
commenter that in all cases the carrier will comply with the offerer's 
instructions when generating a residue shipping paper based on a 
previous loaded hazardous materials package. PHMSA and FRA believe, 
instead, that the implementation of this provision will make carriers 
aware of their responsibilities to properly describe and class a 
residue hazardous material in transportation. Therefore, PHMSA is 
denying this request.
    In the NPRM, PHMSA proposed to require under Sec.  172.201(a)(5)(v) 
that an electronic shipping paper issued for the rail transport of 
hazardous materials under Sec.  172.201(a)(5) be retained for the same 
amount of time and in the same manner required for other hazardous 
materials shipping papers as prescribed in Sec.  172.201(e). The DGAC 
requests the removal of the shipping paper retention proposal for EDI 
shipping papers under Sec.  172.201(a)(5)(v) because shipping papers 
issued under Sec.  172.201 must be retained in conformance with Sec.  
172.201(e). The DGAC also notes that Sec.  172.201(e) currently 
requires the shipper to retain a copy of the shipping paper from the 
time the shipment is offered until at least two years after issuance, 
and Sec.  174.24 requires rail carriers to retain the shipping paper 
for at least one year. PHMSA and FRA agree with the commenter that 
shipping papers issued under Sec.  172.201 are subject to the shipping 
paper retention requirements prescribed in Sec.  172.201(e); therefore, 
PHMSA will remove Sec.  172.201(a)(5)(v).
    In the NPRM, PHMSA proposed to revise Sec.  172.201(a)(5)(i) to 
require that electronic shipping paper information provided under Sec.  
172.201(a)(5) must be made available to the shipper and carrier at all 
times the material is in transportation, and that the carrier must have 
and maintain a printed copy of this information until delivery of the 
hazardous material is complete. Several commenters opposed the proposed 
requirement in Sec.  172.201(a)(5)(i). The AAR suggested the 
requirement be changed to require that the shipping paper information 
``be available to the shipper and carrier at all times during 
transport'' and a printed copy accompany the shipment until delivery is 
complete. The IVOGDA requests that PHMSA permit immediate access to 
hazard communication information for all those involved in 
transportation, including emergency responders, by providing existing 
EDI transmission methods to these individuals and eliminate the 
requirement that paper documents be transmitted with these shipments in 
keeping with the Paperwork Elimination Act, which allows and 
encourages:

the acquisition and use of information technology, including 
alternative information technologies that provide for electronic 
submission, maintenance, or disclosure of information as a 
substitute for paper and for the use and acceptance of electronic 
signatures. 44 U.S.C. 3504(a)(1)(B)(vi).

    The IVOGDA interprets the Act as stating electronic signatures 
``are required to be compatible with standards that are generally used 
in commerce,'' industry, and by State governments. The IVOGDA also 
interprets the Act as stating electronic signatures ``may not 
inappropriately favoring [sic] one industry or technology'' over 
another and questions if the NPRM's application of this provision to 
rail transport only complies with the Act. The DGAC and COSTHA also 
support permitting the use of EDI in all modes of transport. In 
addition, the IVOGDA states the Act provides that electronic records, 
signatures, or other forms of electronic authentication ``shall not be 
denied legal effect, validity, or enforceability when such records are 
in electronic form.'' To comply with the Act, the IVOGDA requests 
PHMSA: Remove the word ``rail'' in Sec. Sec.  172.201(a)(5), 
172.202(b), 172.204(a), (a)(3), and (d)(3); revise the proposed 
language in Sec.  172.205(a)(5)(i) that proposes to require that the 
carrier have and maintain a printed copy of the shipping paper ``until 
delivery of the hazardous material on the shipping paper is complete;'' 
to adopt a provision to require the carrier to make a copy of the 
shipping document(s) available upon request; and allow those complying 
with ICAO Technical Instruction and IMDG Code EDI regulations to 
produce these documents upon request. Several commenters note that the 
UN Model Regulations, ICAO Technical Instructions, and International 
Maritime Organization Dangerous Goods Code, and UN ADR all recognize 
the use of EDI-generated shipping papers that are issued and retained 
electronically only as an acceptable alternative to paper documents. 
IVOGDA also notes the encrypted coding of an EDI shipping paper adds an 
additional layer of security that helps to ``conceal the presence of 
high value cargoes that might be the target of piracy or hijacking 
during transport.'' IVOGDA further notes permitting the use of EDI 
shipping papers in an electronic format only promotes environmental 
conservation by supporting a paperless operation, complies with the 
provisions of the Government Paperwork Elimination Act (44 U.S.C. 
3504), and helps companies distribute their newest products rapidly and 
maintain inventory throughout the world. Union Pacific states it 
maintains its EDI shipping paper electronically in a manner that can be 
printed as received or in a format that conforms to the requirements in 
the HMR, and recommends the following wording be added to Sec.  
172.201(a)(5)(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. When a paper 
document is produced, the data must be presented as required by this 
subpart.

    In addition, the DGAC notes that DOT-SP 7616 permits these 
documents to be retained electronically by the carrier but the NPRM 
proposed that a written copy of the shipping paper must accompany the 
shipment. The DGAC requests that if electronic storage of the EDI 
shipping paper be permitted by the HMR, if the format of the electronic 
data is agreed [to] by both parties, and the data can be used to 
produce a printed shipping paper document, no further requirement 
concerning the format of the computer data for EDI shipping papers is 
needed.
    DOT-SP 7616 authorizes a rail freight carrier to accept hazardous 
materials shipping paper information by voice communication through the 
telephone or through EDI for use in the creation of a physical shipping 
paper that accompanies the shipment and that is retained by the shipper 
and carrier for one year from the date of shipment. DOT-SP 7616 also 
authorizes a variance in the shipping paper certification requirement 
for EDI shipping papers that allows for an abbreviated certification 
statement or the completion of a field on a form to represent the 
completed certification. DOT-SP 7616 does not include an exception that 
permits a rail hazardous material shipment to be transported without a 
printed copy of the applicable shipping paper. Further, DOT-SP 7616 
requires rail shippers of hazardous materials that use EDI shipping 
papers to provide the rail staff with a copy of the shipping papers, 
which it states can include waybills, train consists, or other similar 
documents (see DOT-SP 7616, paragraph 8(d)). PHMSA and FRA are aware of 
no adverse consequences or incidents have been reported concerning 
hazardous materials shipments using shipping papers generated with 
telephonic or EDI transmitted information.
    One purpose of a printed shipping paper for hazardous materials

[[Page 37966]]

shipments is to provide emergency responders with timely and accurate 
information needed to respond to a possible hazardous materials 
release. PHMSA and FRA are aware that emergency responders do not have 
devices that allow them to access EDI shipping papers that are 
electronically retained. However, we are aware that emergency 
responders typically acquire this information from shipping papers 
located in the locomotive or from train crew consists. If these sources 
are not available, emergency responders call the railroad and request 
the train's consist. Emergency responders typically have had timely 
access to emergency response information using one of these methods. 
Historically, PHMSA and FRA have found delays in retrieving shipping 
paper information at the site of a rail hazardous materials incident 
can contribute to increased risks associated with the management and 
containment of the hazards associated with these materials. Further, 
rail incidents often occur in remote locations and/or on difficult 
terrain, which may further delay the arrival of emergency responders to 
an incident site. A physical copy of a shipping paper at the scene of 
an incident helps emergency responders respond quickly and accurately 
when trying to mitigate the effects of a hazardous materials release. 
As a result, PHMSA and FRA disagree with the position presented by the 
IVOGDA that a printed copy of the information on an electronic shipping 
paper does not need to accompany a rail hazardous materials shipment, 
and PHMSA is denying this request. However, PHMSA will continue to 
investigate this issue, and may address it in a future rulemaking.
    Several commenters request the proposed requirements for EDI be 
revised to make them harmonious with international regulations for this 
activity. Specifically, the IVOGDA, DGAC, and COSTHA request that PHMSA 
allow the use of EDI under the HMR to promote the accurate and timely 
transmission of these documents and to reduce the difficulties and 
delays that can occur in all modes of transport, both international and 
domestic, when shipping documents are not harmonious. While it is 
always PHMSA's goal to harmonize the HMR whenever safely possible with 
international requirements, we did not propose this revision in the 
NPRM. Therefore, it is outside the scope of this rulemaking, but we may 
consider it in a future rulemaking.
    The IVOGDA also requests PHMSA provide regulations that specify the 
transfer container responsibilities from one carrier to another within 
the same mode of transport or between modes. In addition, the IVOGDA 
notes Section 5.4 of the United Nations Recommendations for the 
Transport of Dangerous Goods (UN Recommendations) includes in all its 
references to dangerous goods transport documents a provision to allow 
information by the use of electronic data processing and EDI 
techniques, and that similar provisions are located in Chapter 4 of the 
International Civil Aviation Organization (ICAO) Technical Instructions 
for the Transport of Dangerous Goods (Technical Instructions), and 
Chapter 5.4 of the International Maritime Dangerous Goods Code (IMDG 
Code). PHMSA did not propose in the NPRM to specify the transfer 
container responsibilities between carriers within the same or 
different modes of transport; therefore, it is outside of the scope of 
this rulemaking. However, PHMSA may consider this issue in a future 
rulemaking.
    Several commenters oppose the requirement proposed in Sec.  
172.201(a)(5)(ii) that an EDI shipping paper contain a full or 
abbreviated certification. These commenters state the special permit 
for these transmissions permitted the name of the principal person, 
etc., for the shipment to appear in a field designed to represent the 
certification as a method that worked well and no purpose would be 
served by requiring a printed version of the certification. A few 
commenters request that PHMSA add a provision to Sec.  172.204 to 
clarify that an authorized signature in a designated field on the form 
is sufficient to denote a completed shipper's certification. The DGAC 
also questions the abbreviated representation of a shipper's 
certification may not be appropriate for some hazardous materials 
packages, such as portable tanks that are interlined to other transport 
modes. This commenter requests the abbreviated certification discussed 
earlier be limited to rail transport only.
    One of the basic HMR requirements for a shipping paper is that the 
person taking responsibility for the shipment agrees by signing the 
certification statement that the shipment has been prepared properly 
for transportation. PHMSA is concerned designating a blank signature 
block on a shipping paper as representing the shipper's certification 
without the shipper's certification statement, and deeming the shipping 
paper prepared in this manner as certified when the block is filled in 
with the name of the shipper or their representative, may not make 
shipper fully aware of the responsibilities they are agreeing to under 
this requirement. Omitting this statement may also make it unclear to 
the emergency responder or enforcement official who is taking 
responsibility for the compliance of the shipment with the HMR. 
However, PHMSA and FRA are also aware that under the special permit 
shippers were permitted to use this method with no adverse consequences 
or incidents reported. Therefore, we agree with the position of the 
commenters and will revise the regulatory text to require that only for 
EDI shipping papers the shipper's certification may be represented by 
completing a specific field for this purpose in the manner prescribed 
in DOT-SP 7616.
    In Sec.  172.201(a)(5) of the NPRM, PHMSA and FRA also proposed to 
add language to regulate the transmission of shipping papers by 
facsimile. The DGAC and Union Pacific request that since the provision 
for transporting these documents electronically by facsimile is a 
common occurrence and was not provided for in the special permit, this 
provision should be removed from the amended requirements. PHMSA and 
FRA disagree with the commenters' request to eliminate the provision to 
allow shipping papers to be transmitted by facsimile into the HMR 
because this was not specifically mentioned in the special permit being 
incorporated. As the commenters state, sending shipping papers by 
facsimile is a common practice that is currently not provided for under 
the HMR, but this type of transaction does qualify as another form of 
electronic transmission of a shipping paper. PHMSA and FRA believe 
establishing minimal HMR requirements for shipping paper facsimile 
transmissions based on current industry practices will have little 
effect on the regulated public while clarifying that transmission of 
shipping papers by this method is a regulated activity. In addition, 
this requirement safeguards this transaction by providing modest 
guidance how these materials are to be processed. Therefore, PHMSA is 
incorporating provisions under Sec. Sec.  172.201(a)(5). PHMSA is also 
incorporating provisions to transmit shipping papers by facsimile under 
Sec. Sec.  172.202, 172.204 and 172.604 of the HMR.

Section 172.202

    Section 172.202 specifies requirements for the description of 
hazardous materials on shipping papers. In the NPRM, we proposed to add 
a third sentence to paragraph (b) to specify that shipping descriptions 
for

[[Page 37967]]

hazardous materials offered or intended for transportation by rail that 
contain all of the information required in subpart C 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 be in compliance with 
paragraph (b) of this section. Commenters did not provide remarks on 
this proposed requirement. Therefore, PHMSA is adopting this language 
as proposed.

Section 172.204

    Section 172.204 specifies requirements for a hazardous material 
shipper's certification on a shipping paper. In the NPRM, PHMSA 
proposed to revise Sec.  172.204(a), (a)(3), and (d)(3) to incorporate 
provisions currently authorized under DOT-SP 7616, and to permit the 
shipper's certification for rail hazardous materials shipments to be 
transmitted verbally by telephone or electronically by computer, as 
requested by Petition No. P-14333.
    As discussed earlier in this final rule under section-by-section 
heading ``Section 171.8,'' PHMSA and FRA proposed in the NPRM to 
require the verbal acknowledgement of the receipt of shipping paper 
information by telephone to be recorded on the shipping document or in 
a separate record, such as a train consist. Union Pacific requests 
proposed Sec.  172.204(a): (1) Be revised to add the words 
telephonically or electronically to clarify the method in which these 
documents will be received, and (2) change ``train consist'' to 
``waybill'' in proposed Sec.  172.204(a)(3)(i) because the waybill is 
the singular record of a hazardous material shipment for the duration 
of the shipment and the shipper's certification is never placed on the 
train list. Some other commenters also request that PHMSA replace the 
wording ``train consist'' prescribed in Sec.  172.204(a)(3)(i) with 
``waybill'' because waybills, and not train consists, are the actual 
shipping document. PHMSA and FRA acknowledge that verbal communication 
of a shipper's certification can be received either by telephone or 
through a computer using software designed to allow it to operate like 
a telephone. PHMSA also agrees with commenters that adding wording that 
explains how the shipping paper certification can be received either 
verbally by telephone or electronically may provide clarity for users 
of these regulations, and promote safety. PHMSA and FRA agree with 
these commenters that this final rule should not require the shipper's 
certification statement on a train consist, but also believe the 
definition of a ``train consist'' is useful. Therefore, as stated 
earlier in this preamble, PHMSA will replace the word ``train consist'' 
with ``waybill'' in Sec.  172.204(a)(3)(i), and will also move the 
proposed definition of ``train consist'' from Sec.  171.8 to Sec.  
180.503 of the HMR.
    In Sec.  172.204(a)(3)(i) of the NPRM, PHMSA proposed to 
incorporate regulatory text that would permit shipping paper 
information to be received via oral communication over the telephone. 
Several commenters support inclusion of regulations that would permit 
shipping paper information to be communicated by telephone or EDI. The 
Association of American Railroads (AAR) states transmitting shipping 
paper information by telephone is necessary when electronic systems do 
not work, although it acknowledges its members do not routinely rely on 
this method. Based on this experience, the AAR states verbal 
transmission of this information is a necessary option to provide rail 
shippers with information that will support efficient transportation. 
The AAR also states it is not aware ``of instances where safety has 
been undermined through the verbal transmission of shipping papers.'' 
Some commenters object to this proposal. These commenters state they 
believe errors could occur when recording shipping paper information 
orally through use of the telephone, the information provided by 
telephone cannot be verified, errors that could occur during this 
recording process could compromise the integrity of the hazardous 
materials information, and these, in turn, could compromise safety. 
These commenters also state the verbal transmission method does not 
create a sufficient record of the transaction. Others thought 
communicating this information by telephone is not necessary. COSTHA 
thought, as an alternative to verbal communication of shipping paper 
information, this rulemaking action should incorporate EDI transmission 
of shipping paper information for all modes of transport.
    PHMSA and FRA are aware that electronic systems for conveying 
transport information are used predominantly in the hazardous materials 
industry but agree with commenters that there are times when electronic 
systems do not work correctly (e.g., a software malfunction or viral 
contamination) or do not work at all (e.g., during an electrical outage 
or weather emergency). Although these instances may be rare, when they 
occur back-up methods must be permitted to ensure safety. While the 
method of conveying this information verbally by telephone may create a 
greater opportunity for error than a properly working electronic form 
of transmission, historically, this method has proven to be effective 
because it has occurred without notable incident or error. In fact, 
PHMSA and FRA are aware that this method of transmitting shipping paper 
information has occurred without appreciable incident for decades. 
Therefore, PHMSA is denying the commenters' request to disallow the 
verbal transmission of shipping paper information by telephone and will 
incorporate these requirements as proposed in the NPRM.
    Union Pacific also requests PHMSA delete proposed Sec.  
172.204(a)(3)(ii) and replace it with:

    Electronic certification. When transmitted electronically, by 
entering the name of the principal person, partner, officer, or 
employee of the offeror or his agent in a specific EDI field defined 
for that purpose.

    Union Pacific states completing a field with the appropriate 
representative information will allow ``electronic verification that 
the shipment is certified,'' and adding abbreviated shipper's 
certification boiler language ``does not add value to the EDI message * 
* * and does not readily lend itself to verification in EDI 
processing.'' This commenter also requests PHMSA change the word 
``may'' to ``must'' under proposed Sec.  172.204(d)(3) to clarify that 
one of the individuals listed in that paragraph must certify the 
shipment. The HMR requires each shipper to sign a shipper's 
certification statement to attest that a hazardous materials shipping 
paper has been properly prepared in conformance with the HMR.
    PHMSA and FRA agree with the commenter that requiring a field on an 
EDI transmitted shipping paper to represent a shipper's certification 
statement is more appropriate than requiring abbreviated shipper's 
certification language be added to a field on an EDI shipping paper. 
PHMSA and FRA also acknowledge that using this method of certification 
will harmonize the HMR's EDI requirements with how the shipper's 
certification is achieved for EDI shipping papers issued under the UN 
Recommendations, ICAO Technical Instructions, and IMDG Code. However, 
PHMSA and FRA believe the language in Sec.  172.204(a)(3)(ii) should be 
revised to emphasize that by completing the signature field on an EDI 
document, the shipper is certifying that the document complies with the 
certification requirements prescribed in Sec.  172.204(a). Therefore, 
PHMSA will

[[Page 37968]]

revise this section to emphasize that signing an EDI shipping paper is, 
in effect, also signing the shipper's certification statement.
    The DGAC notes that the list of individuals who may sign the 
abbreviated EDI shipper's certification proposed in Sec. Sec.  
172.204(a)(3)(ii) and 172.204(d)(3) differs slightly from the list in 
existing Sec.  172.204(d)(1) and requests for consistency that the list 
in Sec.  172.204(d)(1) be used in the other two sections. PHMSA agrees 
with the commenters and, in this final rule, will make the lists in 
these three sections consistent.

Section 172.604

    Section 172.604 specifies requirements for an emergency response 
telephone number. To address incomplete international phone numbers 
PHMSA is encountering on shipping paper documents, in the NPRM, we 
proposed to revise the introductory text in paragraph (a) to specify 
that, for telephone numbers outside of the U.S., sufficient information 
must be provided to complete the call. In its comments, the DGAC notes 
that PHMSA did not include a preamble discussion of its proposal to 
amend Sec.  172.604(a), and states it would be helpful to further 
clarify that for numbers outside of the U.S., the complete number 
required is the number needed to compete the call within the U.S. The 
DGAC also states that this provision is already indicated in U.S. 
Variation 15 of the ICAO Technical Instructions. PHMSA added this 
provision to address incomplete international phone numbers it is 
encountering on shipping paper documents. PHMSA agrees with the 
commenter and will make this revision in this final rule.
    In the NPRM, we also proposed to revise paragraph (a)(3)(ii) of 
Sec.  172.604 to specifically require that the emergency response 
telephone number must be entered on a shipping paper in the manner 
prescribed in paragraph (b) of this section. Commenters did not provide 
remarks on this proposed requirement. Therefore, PHMSA is adopting this 
language as proposed.

Part 173

Section 173.314

Metering Device
    Section 173.314 specifies the requirements for tank cars and multi-
unit tank car tanks that transport compressed gases. In the NPRM, we 
errantly proposed to add Sec.  173.314(e)(2) to permit any hazardous 
material to be loaded into a tank car through use of a metering device. 
The metering device technology is currently authorized under Special 
Permit DOT-SP 9388 for loading only ``UN 1005, Ammonia, anhydrous, 2.2 
(non-flammable gas),'' or ammonia solution. Therefore, PHMSA is 
correcting the provisions in Sec.  173.314(e)(2) concerning the use of 
a metering device for loading tank cars and multi-unit tank cars to 
apply to anhydrous ammonia or ammonia solution only.
    PHMSA and FRA also proposed in the NPRM to require under Sec.  
173.314(e)(2)(i)(B)(4) that materials loaded into a tank car using a 
metering device must be visually inspected for any signs of damage for 
accessories inside the loading dome and under Sec.  
173.314(e)(2)(i)(D), after sitting loaded and undisturbed for 10 
minutes, this same tank car must be given a final check for leaks prior 
to closing the dome cover and properly inserting the dome pin. Midland 
Rail Services, LLC, (Midland) says the wording ``loading dome'' and 
``dome cover'' are not consistent with the terminology used in the rail 
and tank car industry. This commenter states the appropriate wording is 
``protective housing'' and ``protective housing cover,'' respectively. 
This commenter also states the word ``accessories'' refers to devices 
listed in Sec.  179.100-13, which are called ``service equipment'' 
under Sec.  180.509(c)(3)(i), and requests PHMSA revise Sec.  
173.314(e)(2)(i)(B)(4) to state ``* * * service equipment inside the 
protective housing,'' and Sec.  173.314(e)(2)(i)(D) to state ``* * * 
check for leaks must be conducted prior to closing protective housing 
cover * * * protective housing cover pin.'' PHMSA and FRA agree with 
the commenter. PHMSA will revise these sections, but to accommodate all 
the closure devices possible on a tank car, PHMSA is simplifying the 
regulatory text in proposed Sec.  173.314(e)(2)(i)(D) to make it more 
general. Also, as discussed later in this preamble, PHMSA deleted Sec.  
173.314(e)(2)(i)(A) in response to a commenters request. Therefore, in 
this final rule Sec.  173.314(e)(2)(i)(B) and (e)(2)(i)(D) are 
renumbered Sec.  173.314(e)(2)(i)(A) and (e)(2)(i)(C), respectively.
    In Sec.  173.314(e)(2)(i) of the NPRM, PHMSA and FRA propose to 
permit DOT specification tank cars in commerce transportation that 
contain anhydrous ammonia liquefied gas or ammonia solution measured by 
a metering device when loaded into the tank. AllTranstek objected to 
several provisions concerning this proposal that we have discussed in 
the following paragraphs.
Personal Protective Equipment
    In the NPRM, PHMSA proposed to require under Sec.  
173.314(e)(2)(i)(A) that employees loading and unloading ammonia 
liquefied gas or ammonia solution measured with a metering device wear 
personal protective equipment (PPE) designed to protect them from the 
dangers associated with these materials. The NPRM also proposed that 
the PPE used must comply with the Department of Labor's Occupational 
Safety and Health Administration, and the state and local laws where 
either of these tasks are being performed. AllTranstek requests PHMSA 
remove the language requiring PPE for employees performing this 
activity, stating that this equipment is regulated by the Department of 
Labor's Occupational Safety and Health Administration (OSHA). For 
improved safety, PHMSA has historically required the use of PPE 
throughout the HMR for those hazardous materials that pose a greater 
risk of damage to the employee or environment if released. However, 
PHMSA recognizes the authority of OSHA regulations concerning the 
management and use of PPE in the workplace and will, therefore, make 
this change by deleting Sec.  173.314(e)(2)(i)(A) and renumbering in 
consecutive order the remaining paragraphs in Sec.  173.314(e)(2)(i).
Pre-Trip Inspections
    AllTranstek requests PHMSA remove language proposed in Sec.  
173.314(e)(2)(i)(B) requiring the undercarriage assembly of the tank to 
be inspected because this is a function of qualified and designated 
railroad employees and repair shops regulated under the FRA's Freight 
Car Safety Standards (49 CFR Part 215) and would require plant 
operators to obtain additional training on mechanical functions and 
condemning limits of operational railroad stock.
    The FRA agrees with the commenter that Sec.  215.13 is a FRA 
requirement that prescribes pre-departure inspections for freight cars 
before they are placed in a train and agrees that revising Sec.  
173.314(e)(2)(i)(B) to add this ``would require plant operators to 
obtain additional training on mechanical functions and condemning 
limits of operational stock.'' Section 215.13(c) permits a train crew 
member who is not an inspector designated under Sec.  215.11 to conduct 
an inspection of ``imminently hazardous conditions'' listed in 49 CFR 
Part 215, Appendix D, ``that are likely to cause an accident or 
casualty before the train arrives at its destination.'' This section 
also states

[[Page 37969]]

``these conditions are readily discoverable by a train crew member in 
the course of a customary inspection'' of a tank car, a task that a 
train crew is normally trained to perform on a tank car after loading 
and before it is offered for transportation. Therefore, PHMSA will make 
this change by replacing all of proposed Sec.  173.314(e)(2)(i)(B), 
which listed undercarriage and several other inspection requirements, 
with a more general statement to require that tank cars offered for 
transportation must comply with applicable government safety 
regulations, and, as discussed earlier in this preamble, renumber this 
section as Sec.  173.314(e)(2)(i)(A).
    AllTranstek also requests PHMSA remove proposed language from Sec.  
173.314(e)(2)(i)(B) concerning signage, setting brakes and wheel 
blocks, leak testing, and inspecting hoses, connections, valves, and 
accessories because these items are currently regulated in Sec.  
173.31(d) and (g), as part of the steps the HMR requires for examining 
a tank car before shipping.
    The HMR require shippers to inspect a tank car prior to offering it 
for transportation (see Sec.  173.31(d)) and that the tank car must not 
be offered for transportation if a nonconforming condition is 
identified unless a one-time approval is obtained (see Sec.  174.50). 
The HMR also contains additional requirements for transloading tank 
cars under Sec.  174.67. PHMSA has historically referenced Sec.  173.31 
in other sections of the HMR to promote safety. However, as stated 
earlier in this preamble, we agree with the commenter that the 
requirements proposed for Sec.  173.314(e)(2)(i)(B) are not needed 
because they are covered under other federal regulations. Therefore, 
PHMSA will make this change to the regulatory text where it now appears 
in as Sec.  173.314(e)(2)(i)(A).
    In addition, AllTranstek opposes language proposed in Sec.  
173.314(e)(2)(i)(C) to record defects and certify inspection and 
completion of loading and unloading procedures because offerers cannot 
offer defective packages into transportation and operators must follow 
written operating procedures under OSHA's process safety management 
standards prescribed in 29 CFR 1910.119(f).
    PHMSA and FRA agree that shippers must inspect a tank car prior to 
offering it for transportation and that the tank car must not be 
offered for transportation if a nonconforming condition is identified 
unless a one-time approval is obtained. However, we believe requiring 
shippers to record defects and certify inspection and completion of 
their loading procedures is appropriate to track defects in their tank 
cars so they can identify defect or damage trends and make needed 
adjustments to equipment specification or maintenance procedures to 
eliminate them. Also, certifying the inspection and loading and 
unloading procedures for metered loads is important for determining the 
cause of non-accidental releases. Therefore, PHMSA is denying this 
request. However, due to the renumbering of the paragraphs discussed 
earlier in this preamble, the language that appeared in proposed as 
Sec.  173.314(e)(2)(i)(C) now appears in Sec.  173.314(e)(2)(i)(B).
    Because of the increased accuracy and reliability of flow meter 
technology in the magnetic gauging device, AllTranstek requests that 
PHMSA remove the proposed requirement to measure one out of every 10 
tank cars loaded with a magnetic gauging device to verify the load 
amount since this is also proposed in the NPRM under Sec.  
173.314(e)(2)(i) and (e)(2)(ii). AllTranstek also requests that PHMSA 
consider removing recordkeeping language from liquefied gases delivered 
through by meter because the HMR does not require this type of 
elaborate recordkeeping for any other hazardous material loaded into a 
packaging.
    Although PHMSA and FRA agree with the commenter that flow meters 
are becoming increasingly accurate, we still believe an alternative 
form of measurement is necessary to confirm the safety of this type of 
loading operation for anhydrous ammonia or ammonia solution. Further, 
the NPRM proposed this requirement in Sec.  173.314(e)(2)(ii) only. 
Therefore, PHMSA is denying this request.
Water Capacity Marking
    In the NPRM, PHMSA and FRA proposed to require tank car markings to 
be stamped on tank car identification plates instead of the tank car 
head in several sections of the HMR provided certain requirements are 
met. Midland requests PHMSA revise Sec.  173.314(e)(2)(iii)(H) to state 
``Water capacity of tank in pounds'' instead of proposed ``Water 
capacity of tank car (pounds)'' for uniformity with industry and 49 CFR 
language. Midland also states current Sec.  179.22 and AAR M-1002, 
Appendix C, do not require a pressure tank car to be marked and/or 
stenciled with the water capacity of the tank in pounds. This commenter 
states PHMSA removed stenciling and stamping from the HMR, formally 
prescribed in Sec. Sec.  179.100-21(b) and 179.100-20, several years 
ago when it replaced outage and filling limits for tank cars based upon 
``maximum permitted filling densities,'' formally under Sec.  
173.314(c), with ``outage and filling limits'' based on the tank's 
volumetric capacity, currently prescribed in Sec. Sec.  173.314(c) and 
173.24b(1), and not its water weight capacity. Further, Midland states 
the tank identification plate prescribed in paragraph 4.0 of AAR M-
1002, Appendix C, does not require showing the water weight capacity of 
a tank car.
    The following five compressed gases are loaded into a tank car 
based on allowable filling densities:

UN 1017, Chlorine, 2.3 (poisonous gas), 5.1 (oxidizer), 8 
(corrosive)
UN 1053, Hydrogen sulfide, 2.3, 2.1 (flammable gas)
UN 1069, Nitrosyl chloride, 2.3, 8
UN 1079, Sulfur dioxide, 2.3, 8
UN 2191, Sulfuryl fluoride, 2.3

    The other compressed gases are loaded to a filling limit. ``Maximum 
permitted filling density'' is a subset of the term ``outage and 
filling limits,'' which is prescribed in Sec.  173.24a(d) for non-bulk 
packages and in Sec.  173.24b(a) for bulk packages. Further, the HMR 
require the stamping or stenciling of a tank car's water capacity in 
pounds under Sec. Sec.  179.201-10(a) and 179.400-25(c), and as 
criteria for tank car inspections and reports in the ``Record of 
Hydrostatic Test Table'' under Sec.  179.500-18(c). PHMSA did not 
propose under Sec.  173.314(e)(2)(iii)(H) of the NPRM to replace the 
proposed term ``Water capacity of tank car (pounds)'' with ``Water 
capacity of tank in pounds,'' but agree with the commenter that the use 
of these two terms may be confusing to some HMR users. PHMSA and FRA 
also agree with the commenter that the term ``water capacity of tank in 
pounds'' is more consistent with AAR M-1002 than a tank car's water 
weight capacity proposed in Sec.  173.314(e)(2)(iii)(H). Therefore, for 
clarity and consistency PHMSA is revising the term ``Water capacity of 
tank car in pounds'' to read ``Water capacity of tank in pounds'' in 
Sec.  173.314(e)(2)(iii)(H). We may review making this change in 
additional sections in a future rulemaking. In addition, PHMSA 
recognizes that each facility may have a different specific gravity at 
a reference temperature. Therefore, PHMSA has revised Sec.  
173.314(e)(2)(iii)(J) to remove ``(@ 105 [deg]F-0.5796 and @ 115 
[deg]F-0.5706)'' and replace it with the phrase ``at the reference 
temperature.'' PHMSA further recognizes that the HMR ensures 
compatibility with international transportation standards by expressing 
most units of measure in International System or metric units (see 
Sec.  171.10);

[[Page 37970]]

therefore, PHMSA has revised Sec.  173.314(e)(2)(iii) to include metric 
units of measure.

Part 174

Section 174.63

    Section 174.63 specifies requirements for the portable tanks, IM 
portable tanks, intermediate bulk containers (IBCs), Large packagings, 
cargo tanks, and multi-unit tank car tanks. In the NPRM, we proposed to 
discontinue the AAR-600 requirement in the HMR for portable tanks 
because PHMSA adopted standards for portable tanks in container-on-
flat-car (COFC) or trailer-on-flat-car (TOFC) service under other 
sections of the HMR. The Gold Tank Inspection Service, Inc., petitioned 
PHMSA (P-1567) to discontinue the AAR-600 program because, in addition 
to the new HMR standards, the HMR no longer permits portable tanks to 
be built to the AAR 600 standard unless they are DOT Specification 60 
and International Standard 1496-3 portable tanks. Further, after 
January 1, 2010 (see Sec.  171.14(d); Docket No. RSPA-2000-7702 (HM-
215D), 66 FR 33316; and amended, 67 FR 15736), the HMR requires all 
portable tanks to meet or exceed AAR 600 requirements, and the AAR 600 
does not cover portable tank requirements. Commenters did not provide 
remarks on this proposed requirement. However, PHMSA realizes in 
attempting to eliminate the AAR 600 standard, it erroneously proposed 
to remove the entire requirement under Sec.  174.63(c)(2). Our 
intention was to state that a tank and flatcar in COFC or TOFC service 
must conform to the applicable requirements of the HMR concerning their 
specification to ensure their acceptable performance. Therefore, in 
this final rule, PHMSA is revising this language to reflect its 
original intent.

Part 179

Section 179.13

    Section 179.13 specifies tank car capacity and gross weight 
limitations. In the NPRM, PHMSA proposed to revise Sec.  179.13(b) to 
correct an error that occurred in a final rule published on May 14, 
2010 (75 FR 27205), issued under Docket No. PHMSA-2009-0289 (HM-233A). 
In that rule, PHMSA erroneously omitted a provision to require FRA 
approval of rail tank cars with a gross weight on rail that exceeds 
263,000 pounds but not 286,000 pounds before they may be used to 
transport poisonous-by-inhalation (PIH) hazardous materials. PHMSA 
proposed to revise this section to add the FRA approval statement. We 
received several commenters expressing support for this correction, 
without any negative comments. Therefore, we are adopting this change 
as proposed in this NPRM.
    In addition, in its comments Dow states that it operates under DOT-
SP 12858 and DOT-SP 14173 which allow the operation of tank cars 
carrying Ethylene oxide at a gross rail load of 286,000 pounds. Dow 
requests that only DOT-SP 14173 be incorporated into the HMR. As an 
alternative, Dow suggests that DOT-SP 12858 not be incorporated into 
the HMR because Dow has made over 8,000 shipments with these tank cars 
with no safety incidents. However, DOT-SP 12858 permits the use of tank 
cars constructed to the AAR S-259 standard which does not align with 
the proposed requirements. If this cannot be achieved, Dow requests 
that Sec.  179.13(b) be revised to read as follows:
    Tank cars containing poisonous-by-inhalation material meeting 
the applicable authorized tank car specifications listed in Sec.  
173.244(a)(2) or (a)(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 the Association of American 
Railroads, Manual of Standards and Recommended Practices, Section C-
III, Car Construction Fundamentals and Details, S-259 or S-286 (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.

    DOT-SP 12858 permits ``UN 1040, Ethylene oxide, 2.3 (poisonous 
gas), 2.1 (flammable gas)'' to be transported in DOT Specification 
105J400W tank cars constructed of TC-128 Gr B (norm) steel. The tank 
car must also comply with specific ``Certificate of Construction'' 
numbers, AAR Standard S-259, and other betterment requirements. DOT-SP 
14173 permits ethylene oxide or ethylene oxide with nitrogen up to a 
total pressure of 1 megapascal (MPa) (10 bar) at 50 [deg]C to be 
transported in a DOT Specification 105J400W tank car that has a tank 
test pressure of 400 psig, gross weight on rail load of 286,000 pounds, 
conforms with the AAR Standard S-286 and Manual C-III, Section 2.5, and 
additional betterment requirements, some of which are identical to 
those prescribed in DOT-SP 12858. PHMSA notes that although DOT-SP 
12858 was incorporated into the HMR effective October 1, 2010, in a 
final rule issued under Docket No. HM-233A, PHMSA erroneously omitted 
its provision that required FRA approval for railcars transporting PIH 
materials. PHMSA stated this intent in the preamble of both the Docket 
No. HM-233A NPRM and final rule. Therefore, to correct this error, 
Sec.  179.13(b) is revised to include this requirement. The Docket No. 
HM-233A final rule also stated:

    These amendments also apply to any special permits this agency 
issues during the development of this final rule whose provisions 
are identical in every respect to those described in the rulemakings 
issued under this docket.

    Because DOT-SP 14173 requires tank cars to be constructed to the 
AAR S-286 standard, which is currently required under the HMR, it 
contains provisions that are not identical to those in DOT-SP 12858, so 
the above-referenced statement from that final rule does not apply. 
Further, DOT-SP 14173 was not proposed for incorporation into the HMR 
in the NPRM issued under Docket No. HM-216B. As a result, the public 
has not been given an opportunity to comment on its incorporation as 
required under the Administrative Procedure Act. Therefore, it cannot 
be incorporated into the HMR through them at this time. However, PHMSA 
may review incorporating DOT-SP 14173 into the HMR in a future 
rulemaking.

Section 179.24

    New Sec.  179.24 was proposed in the NPRM to specify stamping 
requirements for identification plates for rail cars. In the NPRM, we 
specifically proposed to 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. The stainless steel 
identification plates are required for newly constructed tank cars 
built on or after July 25, 2012. The FRA notes that all the tank car 
builders are parties to DOT-SP 12905; therefore the work prescribed 
under Sec.  179.24 is already being performed and the 30-day effective 
date also prescribed in this requirement is probably not necessary. We 
did not receive any comments on this proposal. Therefore, it is being 
adopted as proposed in the NPRM.

Section 179.100-20

    Section 179.100-20 specifies certification stamping requirements 
for pressure tank cars. In the NPRM, PHMSA proposed to require that 
newly constructed DOT tanks cars display specification and other 
required information stamped on stainless steel identification plates 
instead of into the metal of the tank heads, as formerly prescribed in 
Sec.  179.24(a). This section specifies tank car capacity and gross 
weight limitations. We did not receive

[[Page 37971]]

any comments on this proposal. Therefore, it is being adopted as 
proposed in the NPRM.
    Midland requests that the requirement to show the water capacity of 
the tank in pounds as part of a tank car's specification marking be 
removed. This requirement to mark and/or stencil a tank car's water 
capacity in pounds is currently prescribed in Sec. Sec.  179.201-10(a) 
and 179.400-25(c). Midland states that several years ago PHMSA removed 
stenciling and stamping from the HMR, formally prescribed in Sec. Sec.  
179.100-21(b) and 179.100-20, when it replaced outage and filling 
limits for tank cars based upon ``maximum permitted filling 
densities,'' formally under Sec.  173.314(c), with ``outage and filling 
limits'' based on the tank's volumetric capacity, currently prescribed 
in Sec. Sec.  173.314(c) and 173.24b(1), and not its water weight 
capacity. Further, Midland states the tank identification plate 
prescribed in paragraph 4.0 of AAR M-1002, Appendix C, does not require 
showing the water weight capacity of a tank car. PHMSA did not propose 
this change in the NPRM; therefore, it is outside the scope of this 
rulemaking. For this reason, PHMSA is denying this commenter's request. 
However, we may consider this issue in a future rulemaking.

Section 179.200-24

    Section 179.200-24 specifies certification stamping requirements 
for non-pressure tank cars. In the NPRM, PHMSA proposed to require that 
newly constructed non-pressure DOT tanks cars display specification and 
other required information stamped on stainless steel identification 
plates instead of into the metal of the tank heads, as formerly 
prescribed in Sec.  179.24(a). We did not receive any comments on this 
proposal. Therefore, it is being adopted as proposed in the NPRM.

Section 179.201-10

    Section 179.201-10 specifies water capacity marking requirements 
for non-pressure tank cars. In the NPRM, PHMSA proposed to permit 
authorized DOT non-pressure tank cars with stainless steel 
identification plates to have the water capacity of the tank in pounds 
stamped on the identification plate instead of into the metal head of 
the tank as prescribed in Sec.  179.24(a) after December 31, 2011. We 
did not receive any comments on this proposal. However, we did revise 
the effective date of this provision to July 25, 2012. Therefore, it is 
being adopted with this date change but, otherwise, as proposed in the 
NPRM.

Section 179.220-25

    Section 179.220-25 specifies stamping requirements for non-pressure 
tank car tanks consisting of an inner container supported with an outer 
shell (Class DOT 115). In the NPRM, PHMSA proposed to add a new 
paragraph (b) to require stainless steel identification plates on newly 
constructed Class DOT 115 non-pressure tank cars. The plates must be 
stamped with the specification and other required information instead 
of into the metal heads of the tank as prescribed in Sec.  179.24(a). 
We did not receive any comments on this proposal. Therefore, it is 
being adopted as proposed in the NPRM.

Section 179.300-13

    Section 179.300-13 specifies venting, loading and unloading valve 
requirements for multi-unit tank car tanks designed to be removed from 
car structure for filling and emptying (Classes DOT-106A and 110AW). In 
the NPRM, PHMSA proposed to permit straight threads to be used in the 
outlet ports of DOT Specification 110A multi-unit tank cars instead of 
taper threads. The requirement also stipulates that stainless steel 
safety wire used for hex plugs in threaded boss ports must not fail 
during its intended use. We did not receive any comments on this 
proposal. Therefore, it is being adopted as proposed in the NPRM.

Part 180

Section 180.501

    Section 180.501 specifies additional requirements concerning the 
qualification and maintenance of tank cars that apply to persons who 
manufacture, fabricate, mark, maintain, repair, inspect, or service 
tank cars to ensure their continued qualification. In the NPRM, PHMSA 
proposed to make existing paragraph 180.501(b) new paragraph (c), and 
add new paragraphs (b) and (d) to this section to clarify, 
respectively, the minimally acceptable framework each owner's tank car 
qualification program must have, and to specify that documents 
concerning the tank car's qualification must be made available upon 
request to FRA staff or an authorized representative of the U.S. 
Department of Transportation. The FRA is aware that parties to DOT-SP 
12095, which includes a large majority of the tank car owners, have 
either developed written procedures or purchased procedures from 
another company, such as a builder or management company like 
Alltranstek. The minority of tank car owners may experience an expense 
developing these procedures. However, they also have the option of 
approving the procedures of the tank car facility performing the 
inspections and/or repairs. As a result, their costs should be 
negligible. We did not receive any comments on this proposal. 
Therefore, it is being adopted as proposed in the NPRM.

Section 180.503

    Section 180.503 specifies that the definitions in Sec. Sec.  171.8 
and 179.2 apply to the tank car qualification and maintenance 
requirements prescribed in 49 CFR Part 180, Subpart F. In the NPRM, 
PHMSA proposed to add or modify into the HMR definitions prescribed in 
DOT-SP 12095 concerning tank car qualification and maintenance. The 
NPRM proposed to add definitions for the following terms: (1) Lining/
coating, (2) Corrosive to the tank or service equipment, (3) Defects, 
(4) Interior heating system, (5) Modification, (6) Objectively 
reasonable and articulable belief, (7) Qualification, (8) Railworthy/
Railworthiness, (9) Reinforced tank shell butt weld, (10) Reinforcing 
plate, (11) Reliability, (12) Safety system, (13) Service equipment 
owner, and (14) Tank car owner. The NPRM also proposed to modify the 
definitions of these terms with minor edits or rewording: (1) Design 
level of reliability and safety, (2) Maintenance, (3) Reactive to the 
tank or service equipment, (4) Representation, and (5) Service 
equipment. The term ``reinforcing plate'' is revised to read 
``reinforcing pad'' to be consistent with the terminology in Sec. Sec.  
179.100-16 and 179.200-19. The NPRM did not add the definitions of 
these terms because they already exist in Sec.  171.8: (1) Bottom 
shell, and (2) Top shell.
    We received comments on these seven definitions: Corrosive to the 
tank or service equipment, defects, qualification, safety system, 
maintenance, reactive to the tank or service equipment, and 
representation. We also received recommendations to add two definitions 
that were not proposed in the NPRM, ``inspection and test'' and ``tank 
car,'' and discuss each definition and our responses in the following 
paragraphs. In addition, we reversed the wording for the definition for 
``Lining/coating'' to ``Coating/lining'' in the final rule to clarify 
that this term does not refer to linings placed on the external surface 
of a tank car. Further, any definitions proposed in the NPRM that did 
not receive comments are being adopted as proposed.

A. Corrosive to the Tank or Service Equipment

    In the NPRM, PHMSA proposed to add the definition ``corrosive to 
the tank

[[Page 37972]]

and service equipment'' to mean ``a material identified in proposed 49 
CFR Part 180, Appendix D, of the NPRM, 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.  
173.137(c)(2).'' Proposed Appendix D to Part 180 lists materials that 
the FRA determined under certain conditions can corrode carbon steel 
tanks or service equipment at a rate that may reduce the design level 
of reliability and safety of the tank or equipment to an unsafe level 
before its next qualification. The HMR permits the corrosion rate on 
steel or aluminum prescribed in Sec.  173.137(c)(2) to be used as one 
of the methods for determining whether or not a material meets the 
hazard class definition of a Packing Group (PG) III corrosive material.
    A few commenters support including the list of materials corrosive 
to the tank or service equipment the NPRM proposed in Appendix D of 49 
CFR Part 180 with some modifications. Several commenters recommend the 
49 CFR Part 180, Appendix D list be modified to remove materials that 
are not corrosive to the tank according to a corrosion rate of 2.5 
milli-inch per year (mpy) (0.0025 inch per year) to harmonize it with 
the description of corrosion to the tank prescribed in Section C, Part 
III, of the AAR's M-1002, Appendix L. They specifically recommend 
removing ``methyl methacrylate monomer, stabilized,'' from the list 
because it does not meet this AAR definition. ARL, GATX, and UTLX 
suggest PHMSA and FRA review the National Association of Corrosion 
Engineers (NACE) documentation on this subject prior to issuing this 
rulemaking. Specifically, GATX Corporation states the NACE Corrosion 
Data Survey establishes that ``methyl methacrylate has a corrosion rate 
on carbon steel of less than 2 [mpy],'' but the AAR's M-1002, Appendix 
L, does not list the material as corrosive because its corrosion rate 
on steel does not exceed the AAR's 2.5 mpy standard. Therefore, GATX 
recommends it be removed from the 49 CFR Part 180, Appendix D list.
    FRA added the list in Appendix D to TCQ-1 to address significant 
damage the agency's staff found occurring in tank cars that contained 
materials that do not meet the HMR definition for a corrosive material. 
However, we agree with the commenters that it would be inaccurate to 
leave methyl methacrylate monomer, stabilized, on this list because at 
50 [deg]F and 100 percent concentration this material has a corrosion 
rate on steel of less than 2 mpy. Therefore, we have removed methyl 
methacrylate monomer, stabilized, from the 49 CFR Part 180, Appendix D 
list. We emphasize that the list in Appendix D is not exhaustive and 
any material identified as non-corrosive under the HMR that causes 
corrosive damage to a tank car or its service equipment is included 
under this requirement. Further, we may amend this list in the future 
to include additional materials we determine behave in a similar 
manner.
    Section 173.137(c)(2) defines Packing Group III corrosive materials 
as materials that do ``not cause full thickness destruction of intact 
skin tissue but exhibit a corrosion on either steel or aluminum 
surfaces exceeding 6.25 mm (0.25 inch) a year at a test temperature of 
55 [deg]C (130 [deg]F) when tested on both materials.'' It also states 
``the corrosion may be determined in accordance with the UN Manual of 
Tests and Criteria (IBR, see Sec.  171.7 of this subchapter) or other 
equivalent test methods.'' Several commenters object to using the 
corrosion rate on steel of 6.25mm (0.25 inch) a year to define the 
corrosive rate of a material on tank car or its service equipment 
saying that, although it is part of the HMR's criteria prescribed in 
Sec.  173.137(c)(2) for classifying Class 8 (corrosive) materials, it 
has little to do with describing the effect of these materials on tank 
cars and their appurtenances. Many commenters expressed the belief that 
the definition was too strict and unworkable under a tank car corrosion 
control and prevention program or introduced terms too subjective to be 
quantified. For example, the Union Tank Car Company (UTC) suggests 
PHMSA remove the word ``severe'' from Sec.  180.503 to remove the 
subjectivity this word introduces to the definition. UTC also states 
the proposed definition does not harmonize with AAR M-1002, Section C-
III, Appendix L, and recommends the final rule specifically reference 
this AAR appendix. Dow states the rate proposed in the NPRM is twice 
that of the AAR MSRP, Section C-III, Appendix L, paragraph 8.3, which 
is 2.5 mpy. Dow also requests the definition be revised to a corrosion 
rate of 5 mpy or 0.005 inches per year, and states this rate would 
allow the opportunity for two qualifications to inspect an item before 
the tank car reaches the minimum allowable limit for local corrosion. 
The CIT Group and GATX Corporation request that the rate be changed to 
0.0125 inches per year to allow for a minimum steel thickness of 0.3125 
inches in a 10-year cycle. GATX states the proposed definition suggests 
a corrosion rate on steel of 0.25 inches per year, which it believes is 
severe. AllTranstek states the corrosive rate in the proposed 
definition ``assumes that a typical tank will experience metal loss 
over a 40-year period before reaching the minimum shell thickness.'' 
ARL and CIT Group state the proposed definition is so lenient it would 
exclude the majority of commodities listed in proposed 49 CFR Part 180, 
Appendix D. Most commenters recommend PHMSA modify the definition 
``corrosive to the tank or service equipment'' to exclude materials not 
corrosive to the tank according to a corrosion rate of 2.5 mpy (0.0025 
inch per year) to harmonize this definition with the description of 
corrosion to the tank prescribed in Section C, Part III, of the AAR's 
M-1002, Appendix L.
    PHMSA and FRA agree with commenters that proposing to define a 
material that is ``corrosive to the tank or service equipment'' based 
on the Class 8 definition prescribed in Sec.  173.137(c)(2) of the HMR 
may not effectively capture the effects of corrosion on a tank car and 
its service equipment in use over time. We also agree that harmonizing 
this definition with the corrosive rate on steel in Appendix L of M-
1002 creates a definition based on industry experience with this type 
of damage to tank cars that will help prevent corrosion to the tank and 
service equipment, and reduce the occurrence of non-accidental releases 
and malfunctioning valves. FRA states this rate would also not exceed 
the allowable thickness reduction after 10 years for the bottom shell 
of a pressure tank. Further, PHMSA and FRA agree that removing 
subjective terms, such as the word ``severe,'' to the extent possible 
promotes clarity in regulations, which improves safety. Therefore, in 
this final rule, we are revising the definition for ``corrosive to the 
tank or service equipment'' to remove the word ``severe'' and establish 
a corrosion rate on steel of 2.5 mpy.

B. Defects

    In the NPRM, PHMSA proposed to add the definition ``defect'' to 
mean ``abrasions;'' corrosion; cracks; dents; flaws in welds; 
distortions; erosion; missing, damaged, leaking or loose components and 
fasteners; and other conditions that lower the design level of 
reliability. The NPRM also repeats the full definition in Sec.  
180.509(b).
    AllTranstek, CIT Group, and UTLX request the definition for 
``defect'' be placed only in Sec.  180.503 to represent what is meant 
by the term everywhere else it appears in 49 CFR Part 180,

[[Page 37973]]

Subpart F, instead of repeating the full definition in each place the 
term is used, such as in Sec.  180.509(b). We agree with the commenters 
that this revision promotes clarity, and will make this change.

C. Inspection and Test

    In the NPRM, PHMSA and FRA used the phrase ``inspections and 
tests'' as part of the qualification definition by stating these were 
required through careful and critical examination to accomplish 
qualification. AllTranstek and the CIT Group ask PHMSA to revise the 
final rule by adding a new definition for ``inspection and test'' to 
clarify what this wording means. AllTranstek and the CIT Group 
specifically request that this definition include wording that means an 
activity intended to: (1) Assess the current condition of equipment 
against the applicable tank car specification (i.e., acceptance 
criteria), (2) test the operation or functionality of the equipment, 
and (3) determine if maintenance is required to restore the equipment 
to its specification.
    FRA interprets an ``inspection'' to be a visual examination to 
search for physical indications of deterioration or failure, and a 
``test'' to be a physical demonstration that the tank or features 
function as designed. A tank car's successful completion of its 
inspection and test means it should remain in compliance throughout the 
predetermined qualification interval. PHMSA and FRA consider these 
qualification tasks. PHMSA and FRA also agree with commenters that 
adding regulatory language in this final rule that explains what is 
meant by inspection and test, although we believe the word ``test'' is 
self-explanatory. Therefore, PHMSA will add a definition to Sec.  
180.509 to clarify what is meant by ``inspection and test.'' PHMSA 
considers ordinary repairs to be ``routine'' maintenance and 
extraordinary repairs to be unexpected repairs needed to address a tank 
car's failure that occurs between inspections, such as repairs due to 
incidents, or repairs that will typically cause a tank car to be 
removed from service. PHMSA and FRA agree with commenters that use of 
the words ``ordinary'' and ``extraordinary'' are subjective and, thus, 
confusing. Therefore, PHMSA will replace the word ``ordinary'' with 
``routine'' and remove the word ``extraordinary'' from the definition 
for maintenance in Sec.  180.503.

D. Maintenance

    In the NPRM, PHMSA and FRA proposed to add a definition for 
``maintenance'' under Sec.  180.503. AllTranstek states the rail 
industry uses the words ``maintenance'' and ``qualification'' 
interchangeably, and the way these terms are defined in the NPRM causes 
confusion. AllTranstek states PHMSA needs to revise these definitions 
to clarify when an owner or tank car facility is responsible for 
determining if a tank or component of a tank car is qualified for 
continued use. GATX states the definition should include any repair, 
from the ordinary to the extraordinary. This commenter also noted the 
proposed rule does not make clear what ordinary repairs are under the 
HMR. ARL and UTLX recommend that the definition for maintenance be 
clarified to ensure users of these requirements have a clear 
understanding of what is meant by maintenance, inspection and test, and 
qualification. UTLX requests the ``maintenance'' definition exclude 
activities that are performed by operators and shippers at facilities 
that are not certified or registered by the AAR. Several commenters 
also request PHMSA revise the definition for ``maintenance'' to state 
it is performed after an inspection and test and includes maintenance 
tasks that return a tank car to its current specification, such as 
lubricating a bolt, replacing a gasket or valve, or tightening 
fastener, replacing a cracked weld, and replacing metal loss. These 
commenters state maintenance does not include modifications that would 
alter the tank car's specification or maintenance activities (e.g., 
replacing a manway gasket, lubricating fasteners, tool tightening 
fasteners) that are performed by operators at facilities not registered 
or certified by the AAR. GATX Corporation questions what ``ordinary'' 
repairs in the maintenance definition means, and suggests that there is 
no need to exclude extraordinary repairs from this definition. GATX 
Corporation also requests the definition be revised to read as follows 
``Maintenance means necessary and proper inspection, upkeep, or 
preservation, including ordinary repairs.''
    PHMSA and FRA agree with commenters that maintenance can include 
tasks such as lubricating a bolt, replacing a gasket or valve, or 
tightening a fastener. PHMSA and FRA also agree with commenters that 
maintenance tasks include significant repairs to return a tank car to 
its specification, such as repairing a cracked weld and replacing a 
tank car's metal loss, or damage resulting from activities involving a 
tank car's inspection and test. However, PHMSA and FRA disagree with 
commenters that the words ``maintenance'' and ``qualification'' can be 
used interchangeably. In this rule, PHMSA proposed a general definition 
of maintenance to cover its broad applicability to the elements 
prescribed in Sec.  180.509. Under this section, maintenance can be 
classified as scheduled (periodic inspection) or unscheduled (non-
periodic inspection); it can also include activities that support 
qualification and those that do not. Maintenance activities that 
support qualification are repairs made to the tank car features that 
are specifically inspected and tested in conformance with the 
requirements under Sec.  180.509. A tank car owner is required to 
establish inspection intervals, based on experience and data analysis, 
throughout which the car will remain qualified to transport hazardous 
materials. It is important to note that unscheduled maintenance 
activities that support qualification should be an indicator to the 
tank car owner that its inspection (qualification) interval may not be 
adequate and should be reevaluated. We interpret ``qualification'' as 
prescribed inspections and tests that must be performed to verify that 
a tank car is in satisfactory condition for continued use and, thus, 
meets the requirements of the HMR. As stated earlier in this preamble, 
PHMSA and FRA interpret ``ordinary'' repairs as ``routine'' repairs and 
activities that are needed to maintain an in-operation tank car to its 
specification after completion of its last satisfactory qualification 
and before its next qualification is due. We also interpret 
``extraordinary'' repairs as unexpected repairs that occur between 
inspections and are needed to address the failure of a tank car or its 
appurtenances covered under 49 CFR Part 180, Subpart F. Therefore, 
PHMSA will add a definition for ``inspection and test'' to Sec.  
180.503, and language to Sec.  180.509 to clarify what is meant by this 
wording. Further, PHMSA and FRA note the commenters who recommended 
that PHMSA revise the definition of maintenance to apply to repairs 
performed at AAR registered or certified facilities only did not 
provide information on the costs and benefits associated with this 
proposal. The FRA believes eliminating work performed at facilities 
that are not registered or certified by the AAR may introduce costs and 
operational delays that are prohibitive, and that insufficient 
information exists to make this determination at this time. Therefore, 
PHMSA is denying this request from the commenters, but may

[[Page 37974]]

consider it in a future rulemaking if sufficient cost and benefit 
information becomes available. Depending on the work required, the FRA 
notes most work performed on DOT specification tank cars and tank cars 
transporting regulated commodities must be done by registered or 
certified facilities. Also, the HMR cover work that must be performed 
by registered or certified facilities. As a result, the FRA has 
determined distinguishing between work performed at registered or 
certified facilities and those facilities that do not have either one 
of these designations would result in little, if any, cost 
implications.

E. Qualification

    In the NPRM, PHMSA proposed to add the definition ``qualification'' 
as ``relevant to a tank'' to mean ``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 * * * 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'' the HMR. For ease of use, 
Note 1 of the table of required tank car tests and inspections that 
accompanies this definition was revised to include the reference to 
Sec.  180.509 where paragraph (f)(2) is found. This qualification 
definition varies from the one prescribed in TCQ-1 in that it is 
reorganized and revised to state in the first sentence what the term 
means, in the second sentence how to achieve it, and in the last 
sentence what is meant by written representation of successful test.
    ARL and UTLX state additions to the qualification definition in the 
NPRM changed its scope to incorporate the entire AAR Manual, and 
request that it be revised to reference the AAR M-1002, Section C-III, 
Appendix D. These commenters state incorporating the entire manual into 
the qualification definition will not allow tank car owners needed 
flexibility except through the issuance of another special permit. 
These commenters also state because the reference to the December 2000 
version of the AAR's M-1002 does not include additional tank car 
qualification requirements in the AAR's latest Appendix D, this would 
allow obsolete requirements to be incorporated into this rulemaking's 
revisions to 49 CFR Part 180. In addition, GATX Corporation states the 
section references in Sec.  171.7 for the AAR's M-1002 include 
requirements that do not have anything to do with tank cars or their 
qualification, such as requirements for intermediate bulk and ton 
containers as well as tank car manufacturing. GATX Corporation requests 
that this definition include only those M-1002 requirements that apply 
to tank car qualification by inserting the phrase ``applicable to tank 
car qualification'' in the definition where it refers to AAR's M-1002. 
AllTranstek states qualification is merely the final process of 
verifying and representing in writing that the scheduled or non-
scheduled work was performed properly, and recommends the qualification 
definition be revised as follows:

    Qualification means the act or process of verifying, validating, 
and certifying in writing that an item conforms to the design 
specification. Qualification is something you do after an inspection 
and test, after maintenance, or after a modification (i.e., an 
alteration or conversion) that changes the design specification. [* 
* *]

    AllTranstek also states the HMR require persons who perform 
inspection and test, maintenance, or modification functions on a tank 
or component subject to the HMR to prepare a report and sign it; 
thereby, certifying the tank or component is ``qualified for continued 
use'' and conforms to its design specification, or a new design 
specification given proper approvals. See Sec.  180.1.
    PHMSA and FRA agree incorporating the entire AAR M-1002 into the 
qualification definition without limiting it to only those requirements 
applicable to tank car qualification is confusing and alters the scope 
of this definition as it was used in TCQ-1. The TCQ-1 definition of 
qualification proposed in the NPRM includes (1) inspection and test, 
(2) verifying that the results of the inspection and test meet the 
owner's acceptance criteria, and (3) representation that the tank car 
meets the criteria. The revised definition AllTranstek recommended 
separates verification and representation from the inspection and test. 
FRA considers inspection and testing (e.g., careful and critical 
examination) to be an integral part of the definition of qualification 
in DOT-SP 12095. Also, PHMSA and FRA agree with the commenters that 
adding a definition for inspection and test to the HMR in this final 
rule would help clarify its intent that the qualification definition be 
used as it was prescribed in DOT-SP 12095. Therefore, PHMSA is revising 
the definition for ``qualification'' in Sec.  180.503 to clarify that 
only those provisions in M-1002 concerning tank cars apply, and is 
adding a definition for ``inspection and test'' in Sec.  180.503 to 
clarify its meaning in the qualification definition.
    In the NPRM, the definition for qualification under Sec.  180.503 
states in its second sentence that ``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.'' The third sentence of this 
definition states ``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.''
    Some commenters request PHMSA revise the definition of the word 
``qualification'' to state it involves verifying in writing that the 
work performed on a tank as well as a tank car component was done 
properly and that this work complies with the requirements for its 
specification after this work is completed. Some commenters also 
request that the qualification definition be revised to require that in 
addition to passing the appropriate tests a tank car must pass 
appropriate inspections, as well. For example, AllTranstek states 
scheduled testing (e.g., every 10 years) and non-scheduled maintenance 
and repair activities both require an inspection.
    As stated earlier in this preamble, PHMSA and FRA agree with 
commenters that tank car qualification definition, as this word was 
previously used under TCQ-1, requires that the tank car and its service 
equipment be inspected and tested to verify that the work performed 
meets the owner's acceptance criteria. The definition also states the 
work must have ``documentation of that conformance'' and a ``signed 
test report.'' Because the qualification definition already satisfies 
these commenters' requests, no further revisions of this type are 
needed to the definition. Therefore, PHMSA is denying this request.
    AllTranstek requests PHMSA remove the table in the 
``qualification'' definition in Sec.  180.503, or move the leakage 
pressure test on this table to the ``service equipment'' definition in 
Sec.  180.509(k), since a leakage pressure test is required to be 
performed after service equipment is applied to the tank. Leakage 
pressure tests reveal tank car leaks where valves are connected and 
also leaks on welds around and between pads. Leakage pressure tests

[[Page 37975]]

can also be performed and passed independent of qualification. PHMSA 
and FRA agree with commenter that a leakage pressure test must be 
performed after service equipment is applied to a tank car (see Sec.  
180.509(j)). Therefore, PHMSA and FRA agree that the table under the 
qualification definition is no longer needed and will be removed.

F. Reactive to the Tank or Service Equipment

    In the NPRM, PHMSA proposed to add a definition for ``reactive to 
the tank or service equipment'' under Sec.  180.503. Some commenters 
request PHMSA remove the definition ``Reactive to the tank or service 
equipment'' from Sec.  180.503, and the wording ``or reactive'' from 
Sec.  180.509(f)(2)(ii)(A) so that materials that react with the tank 
to produce heat, gases, or pressure but are not corrosive to the tank's 
base metal will not place an unnecessary burden on tank car owners and 
operators to frequently inspect tank car thickness.
    FRA understands the commenters' concerns about an owner being 
responsible for protecting the tank against adverse conditions not 
related to the preservation of tank shell thickness. However, FRA 
disagrees with the commenters that owner should not be held 
responsible. Both DOT-SP 12095 and the changes proposed in the NPRM for 
Sec.  180.509 appropriately hold the coating/lining owners responsible 
for the performance of their coatings and/or linings. Similarly, the 
tank car owners must remain responsible for the overall reliability and 
safety of their tank cars. Tank car owners must assert control over the 
materials transported in their tank cars through lease agreements. FRA 
has learned too many shippers defer to a product purity (PP) 
designation for their coating/lining if a commodity is not listed in 
DOT-SP 12095's Appendix D table. Tank car owners must require that 
their lessees demonstrate that both the internal coating/lining and the 
designation and subsequent inspection intervals and methods used are 
appropriate. Therefore, FRA believes the requirement proposed in the 
NPRM for Sec.  180.509(f)(2)(iii)(A) is reasonable unless it can be 
demonstrated that the reaction of the material with the tank that 
produces heat, gas, or pressure, does not affect in any way the 
mechanical properties of the steel or cause changes in appearance in 
exposed areas of the tank or its service equipment that could be 
identified during a visual inspection. If these conditions are met, the 
owner could then request an alternative inspection procedure under 
Sec.  180.509(l). Therefore, PHMSA is denying the commenters' request.

H. Representation

    In the NPRM, PHMSA and FRA propose to reword the definition for 
``representation'' in Sec.  108.503. ARL states the definition for 
``representation'' in the NPRM does not agree with the proposed 
regulatory text for Sec. Sec.  180.511 and 180.517(b) in that it 
doesn't recognize retaining documents electronically. This commenter 
recommends PHMSA revise the proposed definition of representation to 
recognize electronic document retention to eliminate confusion.
    PHMSA and FRA disagree that requirements concerning electronic 
retention of data need to be repeated in the ``representation'' 
definition concerning the representation of a tank car's qualification. 
This definition establishes that a tank car is qualified and railworthy 
through documentation in writing or marking, thereby, explaining what 
``qualification'' means and not the documents required for it, which 
are in other HMR sections. However, PHMSA and FRA acknowledge that 
referencing the applicable sections in Sec. Sec.  180.511 and 180.517 
would assist the user with applying these requirements. Therefore, for 
clarity, PHMSA is adding the appropriate references for these sections 
to the definition of representation in Sec.  180.503.

I. Safety System

    In the NPRM, we proposed to add a definition for ``Safety system'' 
under Sec.  180.503. ARL requests for clarification that PHMSA replace 
the wording ``the HMR'' in the NPRM's proposed definition for ``Safety 
system'' with the wording ``this subchapter.'' PHMSA and FRA agree with 
the commenter that this wording may clarify the full scope of the 
applicability of this definition, and will make this editorial change.
    Under Sec.  173.24 of the HMR, paragraphs (b)(2) and (b)(3) 
prohibit a package used for the shipment of hazardous materials to be 
made, filled, and closed so that under normal transportation conditions 
there will be no identifiable release hazardous materials and the 
effectiveness of the package will not be substantially reduced. 
Further, the NPRM proposed to incorporate Appendix A of TCQ-1, which 
lists materials that are capable, under certain conditions, of 
corroding a tank car or its service equipment. The language that 
precedes the lists in the appendix explains that the list is not all-
encompassing and reminds owners and operators that they have a duty to 
ensure that no in-service tank will deteriorate below the specified 
minimum thickness requirements prescribed in DOT-SP 12095. TCQ-1 does 
not include a definition for materials that are reactive to a tank. 
Since the issuance of TCQ-1, FRA has become aware of incidents 
involving chemicals reacting with tank cars and their components 
through the use of inadequate or defective tank car coatings and/or 
linings. Some of these reactions are corrosive but others include 
mixtures of gases or vapors that could significantly reduce the 
effectiveness of a tank car. Examples include:
     Hydrolysis resulting in the formation of dilute acid;
     Preferential corrosion of a carbon steel tank in the 
presence of stainless steel components (e.g., if an internal coating of 
a carbon steel tank has a small breach and the contents of the tank 
equipped with a stainless stee siphon pipe form a conductive liquid, 
the tank will experience concentrated, aggressie corrosion at the 
location of the breach; and
     Generation of excessive pressure or explosive, flammable, 
toxic, asphyxiating vapors when the material in the tank car is exposed 
to the tank and/or its components, heat, or moisture.
    FRA is aware of incidents where a chemical was placed in a tank car 
with an incompatible or defective lining allowing the chemical to come 
in contact with the steel of the tank and react. In one instance, the 
pressure generated from the reaction within the tank was sufficient to 
cause the pressure relief device to become unseated from the tank car. 
No one was injured, but the tank car was severely damaged and had to be 
removed permanently from service. The FRA determined in each of these 
scenarios the tank car lining owners believed the lining or internal 
coating used in an in-service tank car was there to ensure product 
purity when it was actually needed to protect the tank. Also, FRA 
learned some tank car lining owners assume no coating/lining 
inspections are required for tank cars that contain products not 
included on the TCQ-1 Appendix A list. Both assumptions are incorrect. 
A coating or lining owner must understand and prevent conditions that 
can cause adverse reactions to comply with the general packaging 
requirements for all hazardous materials packagings prescribed in Sec.  
173.24(b). Under Sec.  173.24(b), a package used for the shipment of 
hazardous materials must be designed, constructed, maintained, filled, 
its contents so limited, and

[[Page 37976]]

closed, so that under conditions that normally occur in transportation: 
(1) There will be no identifiable release of hazardous materials to the 
environment; (2) the effectiveness of the packaging will not be 
substantially reduced; and (3) there will be no mixture of gases or 
vapors in the package which could through any credible spontaneous 
increase of heat or pressure, significantly reduce the effectiveness of 
the packaging. If adverse reactions can be prevented by installing a 
lining or internal coating, the coating or lining must be maintained 
and/or inspected as required in Subpart F of 49 CFR Part 180. In 
addition, a coating or lining applied with the primary purpose of 
protecting the product is subject to periodic inspections and test 
requirements. PHMSA and FRA proposed in the NPRM to add a new 
definition for ``reactive to the tank and service equipment'' and 
modify related regulatory text in Sec. Sec.  180.503 and 180.509 to 
address these safety concerns. Therefore, PHMSA is denying these 
commenters' requests.
    GATX Corporation states that the shipper and not the tank car owner 
should be responsible for ``protecting the tank against other adverse 
conditions not related to preservation of tank shell thickness, such as 
reactivity that results in pressure build up, harmful byproducts, 
etc.''
    PHMSA and FRA agree with this commenter that shippers should be 
responsible for ensuring tank car lining integrity and appropriateness 
as well as the tank shell's thickness. Shippers are often the tank car 
lessees, and they often apply or have applied tank car coatings and/or 
linings to mitigate the specific risks of transporting their material 
in a tank car. On the other hand, lessor tank car owners may not know 
what materials are loaded in their tanks such that they are unable to 
ensure the integrity or appropriateness of a tank car's coating and/or 
lining. In addition, FRA and PHMSA believe shippers of materials in 
tank cars have the most knowledge about the risks of the materials 
about the risks of the materials they ship and the types of lining 
needed. FRA and PHMSA also believe it is appropriate that they be 
responsible for visually inspecting coatings and linings and 
determining their compatibility with the load being shipped. However, a 
tank car owner is still responsible for its tank car and must establish 
the conditions under which interior coatings and lining can be applied 
or removed as well as the materials that may be in a tank car, even if 
the owner is not the coating or lining owner. Therefore, PHMSA is 
denying this request.

J. Tank Car

    In the NPRM, PHMSA and FRA proposed to incorporate the requirements 
for tank cars in TCQ-1 with modifications under the HMR. AllTranstek 
requests the term ``tank car'' be changed to ``tank and components 
subject to this subchapter'' throughout the regulatory text proposed 
for 49 CFR Part 180. This commenter states this wording is consistent 
with the scope of Sec. Sec.  179.1(a), 179.2(a)(11), and 180.501 in 
that it will clarify that trucks, wheels, axles, airbrake equipment, 
draft systems, and safety appliances of a tank car are subject to the 
FRA's regulations prescribed in 49 CFR Parts 215, 231, and 232, but not 
the HMR.
    PHMSA and the FRA agree that certain components of a tank car are 
solely subject to FRA regulations, but requirements concerning the safe 
design, use, and testing of a tank car and its components are also 
prescribed in the HMR. In addition, although the HMR contains several 
references to tank cars, neither ``Tank car'' or ``tank car tank'' are 
specifically defined in the HMR or DOT-SP 12095. ``Tank and components 
subject to this subchapter'' is a phrase that is also not used or 
defined in the HMR. Further, FRA and PHMSA believe this phrase in 
misleading in that the systems of a tank car depend on each for the 
safe operation of the entire tank car and should not be examined or 
managed individually in a manner that relieves the shipper or carrier 
of specific individual requirements, such as relief from a one-time 
movement or subjective assessments of conditions normally deemed to be 
unsafe in transportation such as determining only damage or cracks of a 
specific size are subject to the regulations. PHMSA and FRA agree with 
the commenters that adding a definition for ``tank car tank'' would 
provide clarity and promote consistency when complying with these 
regulations. PHMSA and FRA recognize that this definition was not 
proposed in the NPRM, and may be subject to possible revision in a 
future rulemaking, but believe its addition will promote the consistent 
understanding of this wording in the HMR and, thereby, improve safety. 
Therefore, PHMSA is accepting this commenter's request.

Section 180.507

    Section 180.507 specifies that each DOT specification tank car used 
to transport hazardous materials must meet the requirements of 49 CFR 
Part 180, Subpart F or its applicable specification requirements. In 
the NPRM, PHMSA proposed to revise the first sentence in (b)(2) of 
Sec.  180.507 to require the owner or operator of a tank car authorized 
to transport a cryogenic liquid that conforms with a special permit or 
exemption issued before October 1, 1984 remove the special permit or 
exemption number and re-mark the tank car with the appropriate Class 
DOT-113 specification followed by the applicable special permit number. 
We did not receive any comments on this proposal. However, after this 
provision was issued the FRA determined the need for this section no 
longer exists because most of the tank cars subject to this paragraph 
have been modified, that one special permit of this type may exist, and 
that the tank cars authorized under that special permit have already 
been marked with the current DOT-SP number. Therefore, PHMSA is 
removing Sec.  180.507(b).

Section 180.509

    Section 180.509 specifies requirements that each tank car facility 
shall use to inspect and test the specification of tank cars. In the 
NPRM, PHMSA proposed to add requirements under Sec.  180.509(b) to 
require the owner of a tank car coating or lining to perform an 
appropriate inspection and test according to the type of defect and 
maintenance or repair performed if the tank car shows evidence of 
abrasion, corrosion, cracks, dents, distortions, defects in welds, or 
any other condition that would make the tank car unsafe in 
transportation or if the tank car was involved in an accident and shows 
evidence of damage that may adversely affect its capability to retain 
its contents or otherwise remain railworthy. The conditions and 
frequencies of inspections and tests are based on the tank car owner's 
or coating or lining owner's knowledge of the tank car and/or coating 
or lining. The procedures and intervals proposed in the NPRM and 
prescribed in this final rule are intended to prevent failure between 
inspections and minimize the liability of shipping hazardous materials.
    ARL and GATX request that PHMSA change the title in the NPRM for 
Sec.  180.509(b) from ``Conditions requiring inspection and test of 
tank cars'' to ``Conditions requiring qualification of tank cars'' 
because it is inconsistent with the use of the word ``qualification'' 
in the titles of Sec.  180.509 (Requirements for qualification of 
specification tank cars) and Sec.  180.509(c) (Frequency of 
qualification). ARL and UTLX also request PHMSA change the title ``Tank 
and Shell Thickness Qualification Frequencies'' for Figure A under

[[Page 37977]]

Sec.  180.509(f)(2)(iii)(B) to ``Tank Shell or Head Thickness 
Qualification Frequencies'' because this section has been updated in 
the proposed rulemaking to include tank car heads. PHMSA and FRA agree 
with the commenters that the changes to these titles clarify for the 
user what is covered in this paragraph and table. PHMSA will make these 
changes.
    In the NPRM, PHMSA proposed to require in 180.509(d)(2) that tank 
cars be visually inspected when a lining, coating, head protection, 
insulation, or thermal protection is partially or totally removed. 
PHMSA and FRA also proposed under Sec.  180.509(e)(4) to permit direct, 
remote, or enhanced visual inspection. UTLX requests PHMSA revise Sec.  
180.509(e)(4)(v) to list visual testing as ``VT'' and remote visual 
inspection as ``RVI'' to agree with AAR M-1002, Section C, Part III, 
Appendix T, which defines these terms separately. PHMSA and FRA agree 
with this commenter's suggestion that this change is consistent with 
AAR M-1002 and will make the change in this final rule.
    With regard to a tank car coating or lining service history under 
Sec.  180.509(i)(2), the FRA notes the owner must define an inspection 
interval. If coating or lining inspection has not been performed in 
that interval, the coating or lining owner has committed a violation. 
Under these new requirements, this owner must also define the 
acceptance (or rejection) criteria for the coating or lining. If the 
inspection result indicates its condition did not meet the minimum 
acceptance criteria, the coating or lining owner has committed a 
violation. Further, the FRA wants the following information collected 
and available during inspections concerning tank car coatings and 
linings: (1) Manufacturer recommendations, (2) previous inspection 
reports, (3) repair records, (4) service history (in the form of the 
number of trips), and (5) in-service inspections. The intent of the 
coating/lining inspection requirement is for the coating/lining owner 
to analyze inspection and test results with respect to the specific 
lading(s) the tank car is transporting. For example, if a shipper has 
fleet of rubber-lined cars and has transported three different 
commodities in the cars, the shipper needs to evaluate the inspection 
and test results relative to a specific commodity assuming the tank car 
is in dedicated service. Stated another way, if a tank car is used for 
hydrochloric acid service, the shipper needs to consider the 
performance of the lining to that service rather than aggregating the 
test results with results from linings in other services.

Section 180.511

    Section 180.511 specifies what results are acceptable to qualify 
tank car inspections and tests. In the NPRM, PHMSA proposed: (1) To 
revise the introductory text of Sec.  180.511 to require the 
representation of a qualified tank car's inspections and tests to be 
marked on the tank in conformance with Sec.  180.515, (2) to revise 
Sec.  180.511(d) to include a requirement that the safety system 
inspection must also show no indication of a defect that may reduce the 
reliability of a tank car before its next inspection and test, (3) to 
revise Sec.  180.511(g) to require a hydrostatic test for the inner 
tank of a DOT Class 115 specification tank car, and (4) to add Sec.  
180.511(h) to establish acceptable results for inspection and test 
requirements for service equipment.
    We did not receive any comments on these proposals. Therefore, they 
are being adopted as proposed in the NPRM. However, the FRA notes that 
there are approximately 370 DOT Class 115 specification tank cars in 
existence, based on 2010 numbers, and this is a very small percentage 
of the entire tank car fleet. Further, the FRA states these tank cars 
are hydrostatically tested in lieu of the structural integrity test, 
and there is little cost difference between these tests. The FRA also 
states we cannot know all the acceptance criteria currently used to 
inspect and test service equipment, so the costs associated with these 
tasks are difficult to quantify, but the FRA believes those facilities 
that were pressure testing the valve rather than ``disassembling and 
inspecting'' may experience a cost increase of $100.00 to $200.00, 
which may be considerable, to perform the latter type of inspection. In 
addition, the FRA states a valve rebuild, depending on its condition, 
could also increase costs along with the rate of valve replacement.

Section 180.513

    Section 180.513 specifies the requirements a tank car facility must 
comply with to perform repairs, alternations, conversions, and 
modifications to a tank car. In the NPRM, PHMSA proposed to revise 
paragraph (a), revise paragraph (b) and renumber it paragraph (c), and 
add new paragraphs (b) and (d) to require that: (1) In addition to 
having to comply with the AAR's Specifications for Tank Cars, a tank 
car facility making repairs, alterations, conversions, or modifications 
to a tank car must comply with the tank car owner's requirements; (2) 
must obtain the permission of the equipment owner before performing 
work that would affect the alteration, conversion, repair, or 
qualification of the owner's equipment; and (3) after the work is 
performed, the tank's service equipment must successfully pass the leak 
test prescribed in Sec.  180.509(j).
    We did not receive any comments on this proposal. Therefore, it is 
being adopted as proposed in the NPRM. The FRA notes the time needed to 
perform the tasks prescribed in the new requirements and their costs 
may increase a little initially but should result in tank cars being 
sent to approved facilities over time. Historically, the FRA has found 
work performed on tank cars at approved facilities has resulted in 
improvements in their safe performance. Also, the FRA notes a tank car 
and its service equipment must successfully pass the leak test 
prescribed in Sec.  180.509(j) prior to the release of a tank car from 
a repair facility.

Section 180.515

    Section 180.515 specifies the marking requirements for tank cars 
that pass their inspections and tests with acceptable results. In the 
NPRM, PHMSA proposed to require that tank car marking requirements in 
Sec.  180.515(a) be revised to establish that dates displayed on a 
consolidated stencil take precedence over dates that are modified and 
not stenciled, pursuant to interval adjustments for service equipment, 
linings, and granted alternative inspection intervals. The NPRM also 
proposed to revise Sec.  180.515(b) to specifically list converted DOT 
105, 109, 112, 114, and 120 specification tank cars, instead of 
``pressure converted'' tank cars, as being required to have new 
specification and conversion date markings. We also proposed to revise 
Sec.  180.515(c) to require that the ``installation date'' of a 
reclosing pressure relief device on a tank car must be the test date 
the device is qualified, instead of ``pressure tested,'' which must be 
within six months from the date it was installed and protected from 
deterioration. The FRA notes tank car owners must now ensure the 
stencils on their cars are accurate to avoid civil penalties resulting 
from the discovery of violations during inspections; however, this 
provision should result in no additional costs. We did not receive any 
comments on this proposal. Therefore, it is being adopted as proposed 
in the NPRM.

[[Page 37978]]

Section 180.517

    Section 180.517 specifies the reporting and record retention 
requirements of certified specification tank car tanks. In the NPRM, 
PHMSA proposed to revise Sec.  180.517(a) to require the builder's 
signature on a tank car's certificate of construction and marking of 
the tank car with the tank's specification as representation that all 
the appropriate inspections and tests were performed successfully and 
the tank is qualified for use. PHMSA also proposed in the NPRM to 
revise Sec.  180.517(b) to require that the written report of a tank 
car's qualification inspections and tests must be provided in a common 
readable format to FRA upon request, and must include the tank car 
reporting mark and number, specification, name of the inspector, and 
the unique code (station stencil) identifying the facility. The FRA's 
inspection authority currently affords its staff access to this 
information. As a result, the regulations prescribed for this section 
should result in no additional costs. We did not receive any comments 
on this proposal. Therefore, it is being adopted as proposed in the 
NPRM.

Appendix D to Part 180

    PHMSA proposed to add a new 49 CFR Part 180, Appendix D, to include 
materials the FRA has determined may, under certain conditions, corrode 
carbon steel tanks or service equipment at a rate that may reduce their 
reliability. The provisions concerning Appendix D of Part 180 were 
discussed earlier in this preamble under the heading Section 180.503 
for the definition of ``Corrosive to the tank or service equipment.'' 
We stated some commenters request PHMSA revise the list to exclude 
materials that do not meet the AAR's description of materials that are 
corrosive to the tank in Section C, Part III, Appendix L, of the AAR's 
M-1002. The AAR describes these materials as having a corrosion rate of 
2.5 mpy or more. We agreed with the commenters to make this change but 
emphasized that the list in Appendix D is not exhaustive, and includes 
any material that can cause corrosive damage to a tank car or its 
service equipment or that otherwise reduces the reliability and safety 
of their design.
Sufficient Time To Remove Obsolete Special Permit Markings on Tank Cars
    In its comments, Dow requests, on behalf of the Rohm & Haas 
Company, that PHMSA provide ``sufficient extra time to obliterate 
special permit number stenciling from each rail tank car'' at or before 
the tank car's next requalification. Dow states if PHMSA requires DOT-
SP stenciling to be removed at the tank car's shipping location prior 
to its next shipment, Dow would incur additional costs of approximately 
$30,000 or $70,000 to obliterate each stenciling, as well as 
operational constraints to perform this task safely. The issue of 
special permit stenciling or marking removal was not discussed in the 
NPRM for this rulemaking action. However, effective March 3, 2011, 
PHMSA did issue a final rule concerning cargo tanks under Docket No. 
PHMSA-2010-0017 (HM-245, 2/1/2011, 76 FR 5483) that added a provision 
under Sec.  173.23(h) to authorize any packaging permanently marked 
with a special permit number (DOT-SP) that has been incorporated into 
the HMR to continue to be marked with that obsolete special permit 
number for the life of the packaging, i.e., without removal or 
obliteration. Neither the final rule issued under Docket No. HM-245 
final rule nor the HMR require non-permanent special permit stencils or 
markings to be removed if the special permit is obsolete.
    On January 25, 2011, FRA published a notice in the Federal Register 
providing approval of certain tank cars to exceed the gross load on 
rail (GRL) limitation of 263,000 pounds without the need for a special 
permit (76 FR 4250). FRA also stated in the notice that all markings on 
tank cars subject to the GRL special permits that had been incorporated 
into the HMR under the final rule PHMSA published on May 14, 2010 
(Docket No. PHMSA-2009-0289, 75 FR 27205, 5/4/2010), must be removed or 
obliterated by January 25, 2012, or at the tank car's first shopping 
event, whichever came first. FRA received several requests after the 
publication of that notice to extend the deadline for removing the 
special permit markings from tank cars to the date each subject tank 
car is required to have its next qualification under 49 CFR Part 180 to 
reduce costs and eliminate the need to provide hazmat employees in 
locations where this task is normally not performed with the proper 
equipment and training to perform the task. On January 27, 2012 (77 FR 
4271), FRA agreed with the commenters' requests and issued a notice 
entitled ``Special Permit Marking Removal'' in the Federal Register 
that extended the deadline for removing the special permit markings 
from tank cars to the date each subject tank car is required to have 
its next qualification under 49 CFR Part 180. Based on the new Sec.  
173.23(h) and recent FRA notice, PHMSA has determined the commenter's 
request has already been met and no further action is needed.
Table Summary of the Provisions Adopted Into Part 180 From DOT-SP 12095
    For ease of the reader, the following table summarizes the changes 
incorporated into 49 CFR Part 180 from DOT-SP 12095.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Proposed change to 49 CFR
       Number                      Section No.                           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 Sec.   171.8.
                                                              Coating/lining owner.........  Minor edits. ``Coating'' made first word in definition to
                                                                                              clarify that this definition applies to internal tank car
                                                                                              coatings and linings only.
                                                              Corrosive to the tank or       Added corrosion rate requirement.
                                                               service equipment.
                                                              Defects......................  Added to eliminate industry confusion.
                                                              Design level of reliability    Minor edits.
                                                               and safety.
                                                              Inspection and test..........  Added to aid industry compliance.
                                                              Interior heating system......  No change.
                                                              Lining/Coating owner.........  Changed to ``Coating/lining owner.'' Minor edits.
                                                              Maintenance..................  Minor edits.

[[Page 37979]]

 
                                                              Modification.................  Added to aid industry compliance.
                                                              Objectively reasonable and     Added to explain the use of this term in Sec.
                                                               articulable belief.            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 completed successfully. The table that
                                                                                              referenced the qualifying tests and inspections has been
                                                                                              removed.
                                                              Railworthy, Railworthiness...  Explains the term. When FRA requires a recall of a tank car
                                                                                              or series of tank cars it issues a ``Railworthiness
                                                                                              Directive.'' It is revised to include that the tank car
                                                                                              must conform to the HMR, and is otherwise suitable for
                                                                                              continued service''
                                                              Reactive to the tank or        Adds reactivity language based on Sec.   173.24(b)(2) and
                                                               service equipment.             (3).
                                                              Reinforced tank shell butt     No change.
                                                               weld.
                                                              Reinforcing pad..............  The word ``plate'' was changed to ``pad'' to be consistent
                                                                                              with Sec.  Sec.   179.100-16 and 179.200-19. No change to
                                                                                              the definition.
                                                              Reliability..................  No change.
                                                              Representation...............  Reworded.
                                                              Safety system................  Minor edits.
                                                              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.
                                                              Tank car tank................  Added to aid industry compliance.
                                                              Top shell....................  Not added. This definition already exists in Sec.   171.8.
3..................  180.507................................  Paragraph (b)(2).............  Removed.
                                                              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 less-stringent standard than
                                                                                              that of an emergency order, but rigorous enough to compel
                                                                                              a tank car owner to re-inspect and repair, if necessary,
                                                                                              tank cars considered potential hazards irrespective of
                                                                                              their periodic test and inspection requirements.
                                                              Paragraph (c)(3).............  Minor edits.
                                                              Paragraph (d)................  Minor edits.
                                                              Paragraph (d)(2).............  Added last sentence for clarity.
                                                              Paragraph (d)(3).............  Added ``Corrosion'' as specific element for inspection.
                                                              Paragraph (d)(5).............  To insure inclusiveness, added ``all closures'' as
                                                                                              substitute for specific item names.
                                                              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
                                                                                              future event.
                                                              Paragraph (e)(1).............  Replace ``high-stressed structural elements'' with the
                                                                                              simpler words ``structural elements.''
                                                              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; adds requirement for shippers to visually
                                                                                              inspect and ensure, as required under Sec.   173.31(d)(1),
                                                                                              that tank car coatings/linings are compatible with their
                                                                                              material.
                                                              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.

[[Page 37980]]

 
6..................  180.513................................  Paragraph (a)................  Reworded to encompass the whole 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.   180.503.
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule 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 Sec. Sec.  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. This final rule will amend the 
regulations incorporating provisions from certain widely used and 
longstanding special permits that have established a history of safety 
and convert them into regulations for general use.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This final 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 final 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 final rule, PHMSA will 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. 
Incorporating 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.
    Some of the provisions in this final rule clarify existing 
responsibilities under the HMR, such as provisions incorporated by 
reference under the AAR's Specifications for Tank Cars or a shipper's 
responsibility to ensure a packaging, in this case a tank car and its 
coating or lining, if applicable, is compatible with the material it 
contains. Others clarify responsibilities that existed only in the 
special permits and are being incorporated into the HMR through this 
final rule, such as the TCQ-1 inspection criteria. Still other 
provisions in this final rule were added in response to requests from 
commenters for safer procedures, clarification, or were revised to 
convert them into regulations of general applicability, such as adding: 
Requirements that tank car and coating/lining owners develop 
requirements for repairs, alterations, etc., and users comply with 
these requirements; an industry accepted corrosion rate to the 
definition for ``corrosive to the tank or service equipment;'' and, 
definitions for user clarity such as the new definitions for 
``inspection and test'' and ``tank car tank.'' Because of these 
revisions, some members of the hazardous materials rail transportation 
industry may be unaware of some of the changes in this final rule and 
may experience short-term costs to implement them. However, we believe 
these costs will be offset by long-term savings and safety benefits 
from using regulations that are less burdensome overall, ensure better 
tank car integrity and performance, and provide greater flexibility and 
clarity than the provisions currently prescribed in the HMR. Further, a 
large majority of tank car owners who are parties to DOT-SP 12095 have 
developed written procedures or purchased them from a builder or 
management company like Alltranstek. The minority of tank car owners 
who choose to not purchase these procedures may experience an expense 
developing them. However, they also have the option of approving the 
procedures of the tank car facility performing the inspections and/or 
repairs; as a result, their costs should be negligible.
    Under Sec.  179.24, the FRA notes that all the tank car builders 
are parties to DOT-SP 12905; therefore the work prescribed under Sec.  
179.24 is already being performed and the 30-day effective date also 
prescribed in this requirement is probably not necessary.
    With regard to Sec.  180.509(g), the FRA notes that there are 
approximately 370 DOT Class 115 specification tank cars in existence, 
based on 2010 numbers, and this is a very small percentage of the 
entire tank car fleet. Further, the FRA states these tank cars are 
hydrostatically tested in lieu of the structural integrity test, and 
there is little cost difference between these tests. The FRA also 
states we cannot know all the acceptance criteria currently used to 
inspect and test service equipment under Sec.  180.511(h), so the costs 
associated with these tasks are difficult to quantify, but the FRA 
believes those facilities that were pressure testing the valve rather 
than ``disassembling and inspecting'' may experience a cost increase of 
$100.00 to $200.00, which may be considerable, to perform the latter 
type of inspection. In addition, the FRA states a valve rebuild, 
depending on its condition, could also increase costs

[[Page 37981]]

along with the rate of valve replacement.
    Under Sec.  180.509, depending on the work required, the FRA notes 
most work performed on DOT specification tank cars and tank cars 
transporting regulated commodities must be done by registered or 
certified facilities. Also, the HMR cover work that must be performed 
by registered or certified facilities. As a result, the FRA has 
determined distinguishing between work performed at registered or 
certified facilities and those facilities that do not have either one 
of these designations would result in little, if any, cost 
implications.
    Under Sec.  180.513, the FRA notes the time needed to perform the 
tasks prescribed in the new requirements and their costs may increase a 
little initially but should result in tank cars being sent to approved 
facilities over time. Historically, the FRA has found work performed on 
tank cars at approved facilities has resulted in improvements in their 
safe performance. Also, the FRA notes a tank car and its service 
equipment must successfully pass the leak test prescribed in Sec.  
180.509(j) prior to the release of a tank car from a repair facility.
    Under Sec.  180.515(a), the FRA notes tank car owners must now 
ensure the stencils on their cars are accurate to avoid civil penalties 
resulting from the discovery of violations during inspections; however, 
this provision should result in no additional costs because new 
regulations in this final rule require those performing tank car work 
that requires stenciling (e.g., alteration, conversion, repair, or 
qualification of the owner's equipment) to obtain the tank car owner's 
permission before performing that work and to inform the owner of 
required test results.
    Under Sec.  180.517(b), the FRA's inspection authority currently 
affords its staff access to this information. As a result, the 
regulations prescribed for this section should result in no additional 
costs.
    The commenters did not discuss environmental impact issues in their 
comments. In addition, the provisions in this final rule will reduce 
the paperwork burden on industry and this agency caused by continued 
renewals of special permits. The provisions of this final 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 satisfied.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This 
final rule will 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 
material;
    (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 final rule addresses covered subject items (2), (3), and (5) 
and will 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 has determined 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 final rule was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final 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. This final rule will 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 amendments in this final rule will 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 final rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This final 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 the impacts of final 
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 final rule 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 over time due to 
amendments to incorporate provisions contained in

[[Page 37982]]

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 final rule identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in 
this rule. PHMSA has developed burden estimates to reflect changes in 
this final rule. PHMSA estimates that the information collection and 
recordkeeping burden as proposed in this rule are as follows:
    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: 525
Increase in Annual Burden Costs: $15,750

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 
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This final 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 
environment.
    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. On August 18, 2011, we issued a NPRM in 
which we requested information 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 
tank car.
    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 this 
final rulemaking 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. In 
considering the potential environmental impacts of this final 
rulemaking 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. Further, the commenters 
did not discuss environmental impact issues in their comments.
    The agencies and persons consulted in the development of this final 
rule 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 PHMSA.
    This final rule will amend the HMR to incorporate provisions 
contained in certain widely used or longstanding railroad special 
permits that have an established safety record. As a result, 
incorporating its provisions into the HMR will increase the safety and 
environmental protections for transporting the materials previously 
covered under these special permits. Because OMB determined this final 
rule is non-significant, no RIA is required. Further, the cost 
assumptions in this final rule originated from industry or FRA 
experience, and we consider them to be reasonable. In addition, in this 
final rule we have responded to the cost concerns presented by the 
commenters and mitigated them wherever possible. Based on this 
analysis, we have determined that the requirements

[[Page 37983]]

adopted in this final rule will not have a significant economic impact 
on a substantial number of small entities.

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, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 174

    Hazardous materials transportation, Incorporation by reference, 
Radioactive materials, Rail carriers, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, we amend 49 CFR Chapter I as 
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    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 
section 31001.


0
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.

0
3. In Sec.  171.8, the new definitions for ``Electronic data 
interchange'' and ``Train consist'' are added in alphabetical order to 
read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    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.
* * * * *
    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

0
4. The authority citation for part 172 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.


0
5. In Sec.  172.201, revise paragraph (a)(2) and paragraph (a)(5) is 
added 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)-(a)(5)(iv) of this section. See 
Sec.  171.8 for the EDI definition.
    (i) When the information applicable to the consignment is provided 
under this requirement the information must be available to the offeror 
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 
subpart.
    (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; and
    (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.
* * * * *

0
6. In Sec.  172.202, add a new sentence to the end of paragraph (b) 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.
* * * * *

0
7. In Sec.  172.204, in paragraph (a) introductory text, add a new 
sentence at the end of the paragraph, and add new paragraphs (a)(3) and 
(d)(3) to read as follows:


Sec.  172.204  Shipper's certification.

    (a) * * * For transportation by rail only, the certification may be 
received verbally or with an electronic signature

[[Page 37984]]

in conformance with paragraphs (a)(3)(i) and (a)(3)(ii) of this 
section.
* * * * *
    (3) Rail only certifications. For transportation by rail, the 
shipping paper certification may also be accomplished by one of the 
following methods:
    (i) Verbal Certification. When received telephonically, by the 
carrier reading the complete shipping description that will accompany 
the shipment back 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 waybill, in accordance with Sec.  174.24, and must include 
the date and name of the person who provided this information; or
    (ii) Electronic Signature Certification. When transmitted 
electronically, by completing the field designated for the shipper's 
signature, the shipper is also certifying its compliance with the 
certification specified in Sec.  172.204(a).'' The name of the 
principal partner, officer, or employee of the offeror or their agent 
must be substituted for the asterisks;
* * * * *
    (d) * * *
    (3) For transportation by rail, when transmitted by telephone or 
electronically, the signature must 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.

0
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. The offeror may use one of the methods prescribed in this 
paragraph 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 
PACKAGINGS

0
9. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.


0
10. In Sec.  173.314, revise paragraphs (e) and (k) 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 anhydrous ammonia and ammonia solution 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) Tank cars loaded with anhydrous ammonia or 
ammonia solution through the use of 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 conformance with this paragraph. Written 
procedures for loading a tank car using a metering device must be 
developed and made 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 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 tank car must be offered for transportation in conformance 
with all applicable government regulations.
    (B) Any defects found when the tank car is examined before shipping 
must be recorded, and the tank must not be loaded until the repairs to 
eliminate each defect are completed.
    (C) 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 offering the tank car for transportation.
    (ii) 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 anhydrous ammonia 
or ammonia solution 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/liters),
    (F) Tank car stenciled tare weight (pounds/kilograms),
    (G) Outage or innage table number,
    (H) Water capacity of tank in pounds and/or kilograms,
    (I) Maximum permitted filling density (see Sec.  173.314),
    (J) Specific gravity of anhydrous ammonia or ammonia solution at 
the reference temperature,
    (K) Tank car outage (inches/meters, gallons/liters),
    (L) Gallons/liters of liquid ammonia in tank car,
    (M) Quantity of vapor ammonia in tank car (gallons/liters), and
    (N) Total calculated ammonia (liquid & vapor) in tank car (pounds/
kilograms).
* * * * *
    (k) Special requirements for chlorine. (1) Tank cars built after 
September 30, 1991, must have an insulation system consisting of 5.08 
cm (2 inches) glass fiber placed over 5.08 cm (2 inches) of ceramic 
fiber. Tank cars must have excess flow valves on the interior pipes of 
liquid discharge valves. Tank cars constructed to a DOT 105A500W 
specification may be marked as a DOT 105A300W specification with the 
size and type of reclosing pressure relief valves required by the 
marked specification.
    (2) DOT105J500W tank cars may be used as authorized packagings, as 
prescribed in this subchapter for transporting ``Chlorine, 2.3 (8), UN

[[Page 37985]]

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 applicable provisions of the AAR Specification for Tank Cars (IBR, 
see Sec.  171.7 of this subchapter).
* * * * *

PART 174--CARRIAGE BY RAIL

0
11. The authority citation for part 174 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


0
12. In Sec.  174.63(c)(2) is revised to read as follows:


Sec.  174.63  Portable tanks, IM portable tanks, IBCs, cargo tanks, and 
multi-unit tank car tanks.

* * * * *
    (c) * * *
    (2) The tank and flatcar must comply with the applicable 
requirements of the HMR concerning their specification.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
13. The authority citation for part 179 is revised to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.


0
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.

0
15. In Subpart B, new Sec.  179.24 is added to read as follows:


Sec.  179.24  Stamping.

    (a)(1) After July 25, 2012, to certify compliance with federal 
requirements, the tank manufacturer must install two identical 
permanent identification plates, one located on both inboard surfaces 
of the body bolsters 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 July 25, 2012, 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 applicable provisions of 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 
specific car.
    (iii) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 
4-2.
    (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 
applied.
    (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, 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.
    (b) [Reserved].

0
16. In Sec.  179.100-20, add paragraph (b) to read as follows:


Sec.  179.100-20  Stamping.

* * * * *
    (b) After July 25, 2012, newly constructed DOT tank cars must have 
their DOT specification and other required information stamped plainly 
and permanently on stainless steel identification plates in conformance 
with the applicable requirements prescribed in Sec.  179.24(a). Tank 
cars built before July 25, 2012, may have the identification plates 
instead of or in addition to the head stamping.

0
17. In Sec.  179.200-24, new paragraph (c) is added to read as follows:


Sec.  179.200-24  Stamping.

* * * * *
    (c) After July 25, 2012, newly constructed DOT tank cars must have 
their DOT specification and other required information stamped plainly 
and permanently on stainless steel identification plates in conformance 
with the applicable requirements prescribed in Sec.  179.24(a). Tank 
cars built before July 25, 2012, may have the identification plates 
instead of or in addition to the head stamping.

0
18. In Sec.  179.201-10, add paragraph (b) to read as follows:


Sec.  179.201-10  Water capacity marking.

* * * * *
    (b) After July 25, 2012, 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 in 
conformance with the applicable marking requirements

[[Page 37986]]

prescribed in Sec.  179.24(a) instead of into the metal of the tank or 
immediately below the stamped marks specified in Sec.  179.200-24(a).

0
19. In Sec.  179.220-25, redesignate the introductory paragraph as 
paragraph (a), and new paragraph (b) is added to read as follows:


Sec.  179.220-25  Stamping.

* * * * *
    (b) After July 25, 2012, newly constructed DOT tank cars must have 
their DOT specification and other required information stamped plainly 
and permanently on stainless steel identification plates in conformance 
with the applicable requirements prescribed in Sec.  179.24(a). Tank 
cars built before July 25, 2012, may have the identification plates 
instead of or in addition to the head stamping.

0
20. In Sec.  179.300-13, paragraph (b) is revised to read as follows:


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. Taper threads must 
comply with Sec.  178.61(h)(3)(i) and (h)(3)(ii). 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 (h)(3)(iii). Hex plugs may be secured to threaded boss ports using 
stainless steel safety wire that must not fail during its intended use.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
21. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.


0
22. In Sec.  180.501, paragraph (a) is revised, paragraph (b) is 
redesignated as paragraph (c), and new paragraphs (b) and (d) are added 
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 
continuing qualification.
    (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. Alternative 
inspection and test procedures or intervals based on a damage-tolerance 
analysis or service reliability assessment must be approved by the 
Associate Administrator for Railroad Safety in accordance with 
180.509(l). 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), (b)(5), and (d).
* * * * *
    (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.

0
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:
    Coating/lining owner means the person with the financial 
responsibility for purchasing and maintaining the integrity of the 
interior coating or lining.
    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 has a corrosion 
rate on steel greater than 2.5 milli-inch per year (mpy) (0.0025 inch 
per year).
    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 
service.
    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.
    Inspection and test means a careful and critical examination of a 
tank car and its appurtenances performed by qualified personnel 
following the owner's qualified procedures.
    Interior heater system means a piping system located within the 
tank shell that uses a fluid medium to heat the lading for the purposes 
of unloading.
    Maintenance means upkeep, or preservation, including repairs 
necessary and proper to ensure an in-operation tank car's specification 
until its next qualification.
    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 and its 
components conforms to the specification to which it was designed, 
manufactured, or modified to the requirements of this subpart, to the 
applicable 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 that 
verifies conformance using inspections and tests based on a written 
program approved by the tank car owner 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
Service Equipment........................  Service Equipment.....................  k

[[Page 37987]]

 
Coating/lining...........................  Internal Coatings and Linings.........  i
----------------------------------------------------------------------------------------------------------------

    Note 1: Subparagraph (f)(2) 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 covered by 
this subchapter conform to the HMR, and are otherwise suitable for 
continued service and 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 pad.
    Reinforcing pad 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, 
or tearing.
    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 
railworthy. See also Sec. Sec.  180.511 and 180.517(b).
    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 this subchapter.
    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 
lading temperature.
    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).
    Tank car tank means the shell, heads, tank shell and head weld 
joints, attachment welds, sumps, nozzles, flanges, and all other 
components welded thereto that are either in contact with the lading or 
contain the lading.
    Train consist means a written record of the contents and location 
of each rail car in a train.


Sec.  180.507  [Amended]

0
24. In Sec.  180.507, remove paragraph (b)(2).


Sec.  180.509  [Amended]

0
25. Amend Sec.  180.509 as follows:
0
a. Add, (f)(3), (f)(4), (f)(5), (f)(6), (i)(2) and (i)(3);
0
b. Revise paragraphs (a), (b), (c)(3), (d), (e), (f), (g), (h), (i), 
and (j);
0
c. Redesignate paragraph (l) as paragraph (m), redesignate paragraph 
(k) as paragraph (l), revise the newly redesignated paragraph (l), and 
add a new paragraph (k).


Sec.  180.509  Requirements for qualification of specification tank 
cars.

    (a) General. Each tank car owner must ensure that a tank car 
facility:
    (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 that is 
qualified to transport hazardous materials;
    (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 owner as appropriate and 
according to the owner's instructions.
    (b) Conditions requiring qualification of tank cars. Without regard 
to the qualification compliance date requirements of any paragraph of 
this section, an owner of a tank car or an internal coating or lining 
must ensure 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.
    (3) The tank bears evidence of damage caused by fire. (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) * * *
    (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 
same facility.

                                 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.................................  Internal coating or lining (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 relief    See Sec.   180.509(k).
                                     device).
----------------------------------------------------------------------------------------------------------------


[[Page 37988]]

     (d) Visual inspection. At a minimum, each tank car facility must 
visually inspect the tank externally and internally as follows:
    (1) An internal inspection of the tank shell and heads for 
abrasion, corrosion, cracks, dents, distortions, defects in welds, or 
any other condition that makes the tank car unsafe for transportation, 
and except in the areas where insulation or a thermal protection system 
precludes it, an external inspection of the tank shell and heads for 
abrasion, corrosion, cracks, dents, distortions, defects in welds, or 
any other condition that makes the tank car unsafe for transportation, 
and 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 an internal coating or lining, head protection, 
insulation, or thermal protection is removed in part or in whole, the 
internal and external exposed surface of the tank must be visually 
inspected for defects in welds or any other condition that may make the 
tank car unsafe for transportation, and this inspection must precede 
any application or reapplication of a coating or lining;
    (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 
tightness; and
    (7) An inspection of the required markings on the tank car for 
legibility.
    (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 
centerline; and
    (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 
request.
    (2) For DOT 115 class tanks, paragraphs (e)(1)(i) through (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 
following methods:
    (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 
technology (VT).
    (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, protective housing (i.e., domes), and nozzles on each tank car 
by using a device capable of accurately measuring the thickness to 
within 0.05 mm (0.002 inch).
    (2) The tank car owner must ensure that each tank car has a 
thickness test measurement:
    (i) At the time of an internal coating or lining application or 
replacement, or
    (ii) At least once every ten (10) years for a tank that does not 
have an internal coating or lining, or
    (iii) At least once every five (5) years for a tank that does not 
have an internal coating or lining 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 tested and determined 
to be at or below line C in Figure A of this paragraph.

[[Page 37989]]

[GRAPHIC] [TIFF OMITTED] TR25JN12.000


Where:

A. As-built tank shell or head thickness with additional thickness.
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 \1/2\ 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 section).
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 
distances.
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 coating or lining where a 
material corrosive to the tank or service equipment as defined Sec.  
180.503 has contacted the tank, a qualified individual must verify the 
coating or lining's 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 qualification event. 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, protective housing (i.e., domes), nozzles, and 
nozzle reinforcing pads, the tank car owner must determine if any 
reduction in wall thickness affects the design levels of reliability 
and safety built into sump, protective housing, nozzle, or nozzle 
reinforcement. Each tank car owner must maintain at its principal place 
of business documentation describing the allowable thickness reductions 
for sumps, protective housings, 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, and anytime a tank car coating or lining is removed, 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. (1) 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
----------------------------------------------------------------------------------------------------------------
        Marked tank test pressure                  Top shell and tank 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 the applicable provisions of Section 6.2 
of the AAR Specifications for Tank Cars (IBR, see Sec.  171.7 of this 
subchapter).

[[Page 37990]]

    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.
    (2) [Reserved]
    (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) Internal coating and lining inspection and test. (1) At a 
minimum, the owner of an internal coating or lining applied to protect 
a tank used to transport a material that is corrosive or reactive to 
the tank must ensure an inspection adequate enough to detect defects or 
other conditions that could reduce the design level of reliability and 
safety of the tank is performed. In addition, the owner of a coating or 
lining of tank cars used to transport hazardous materials must ensure 
the lining complies with Sec.  173.24(b)(2) and (b)(3) of this 
subchapter.
    (2) The owner of the internal coating or lining must establish and 
maintain a record of the service life of the coating or lining and 
commodity combination, that is, the specific hazardous materials that 
were loaded into a tank and the coating or lining in place at the time 
of loading. The owner of the internal coating or lining must use its 
knowledge of the service life of each coating or lining and commodity 
combination to establish an appropriate inspection interval for that 
coating or lining and commodity combination. This interval must not 
exceed eight (8) years, unless the coating or lining owner can 
establish, document, and show that the service history or scientific 
analysis of the coating or lining 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 performance of the coating or lining applied within the tank car 
for its service life. The internal coating or lining owner must provide 
this documentation, including inspection and test, repair, removal, and 
application procedures, to the FRA or car owner upon request. Further, 
the offeror must provide commodity information to the car owner and the 
owner of the internal coating or lining upon request.
    (3) The owner of the internal coating or lining must provide the 
test method and acceptance criteria to the tank car owner and to the 
person responsible for qualifying the coating or lining. The tank car 
facility inspecting and testing the internal coating or lining must 
follow the inspection and test procedure, including the acceptance 
requirements, established by the internal coating or lining 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 the sensitivity and reliability of the 
test method 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 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 
request.
    (2) Each tank car facility must qualify service equipment, 
including reclosing pressure relief devices and interior heater systems 
in accordance with the applicable provisions of 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 
the Associate Administrator for Railroad Safety, FRA, a tank car owner, 
or a coating or lining 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 
this section.
* * * * *

0
26. In Sec.  180.511, revise the introductory paragraph, paragraph (d) 
and (g) and paragraph (h) is added 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 conforms to this 
subchapter and applicable provisions of Appendix D of the AAR 
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter), 
and shows no indication of a defect that may reduce reliability during 
the qualification interval.

0
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 
requirements.
    (b) Responsibilities of Tank Car Facility. A tank car facility must 
obtain the permission of the equipment owner before performing work 
affecting alteration, conversion, repair, or qualification of the 
owner's equipment. For the purposes of qualification and maintenance, 
the tank car facility must use the written instructions furnished

[[Page 37991]]

by the owner or have written confirmation from the owner allowing the 
use of written instructions furnished by the owner or have written 
confirmation from the owner allowing the use of written instructions 
furnished by another. A tank car facility must not use, copy 
distribute, forward or provide to another person the owner's 
confidential and proprietary written instructions, procedures, manuals, 
and records without the owner's permission. A tank car facility must 
report all work performed to the owner. The tank car facility must also 
report observed damage, deterioration, failed components, or non-
compliant parts to the owner. A tank car facility must incorporate the 
owner's Quality Assurance Program into their own Quality Assurance 
Program.
    (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 
covered over.
    (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).

0
29. In Sec.  180.515, paragraphs (a), (b), and (c) are revised 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 due date of the next inspection and test 
qualified on the tank car in accordance with the applicable provisions 
of 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 tests have the same due date. Dates displayed 
on the ``consolidated stencil'' (see the applicable provisions of 
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 
inspection intervals.
    (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 
111A100W1'').
    (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.

0
29. In Sec.  180.517, paragraphs (a) and (b) are revised 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 applicable provisions prescribed 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. 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 performed and the results meet the tank car owner's 
acceptance criteria 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:
    (1) Type of inspection and test performed (a checklist is 
acceptable);
    (2) The results of each inspection and test performed;
    (3) Tank car reporting mark and number;
    (4) Tank car specification;
    (5) Inspection and test date (month and year);
    (6) Location and description of defects found and method used to 
repair each defect;
    (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.

0
30. Appendix D to Part 180 is added to read as follows:

Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or 
Service Equipment

    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 may 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 
service equipment.
    While every effort was made to identify materials deemed 
corrosive to the tank or service equipment, owners and operators are 
cautioned that this list may not be inclusive. Tank car owners and 
operators are reminded of their duty to ensure that no in-service 
tank will deteriorate below the specified minimum thickness 
requirements in this subchapter. See Sec.  180.509(f)(3). In 
addition, FRA states a tank car owner must designate an internal 
coating or lining appropriately based on its knowledge of the 
chemical and not rely simply on this list. Regarding future 
thickness tests, this list may also be modified based on an analysis 
of the test results by the car owner, the Department of 
Transportation, or the Association of American Railroads' Tank Car 
Committee.

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
Butyric acid
Ferric chloride, solution
Fertilizer ammoniating solution (Nitrogen fertilizer solution)
Fluoroboric acid
Fluorosilicic acid
Formaldehyde, solutions, flammable
Formaldehyde, solutions
Hydrobromic acid
Hydrochloric acid
Hydrochloric acid solution
Hydrofluoric acid and Sulfuric acid mixtures
Hydrofluoric acid
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized
Hydrogen, peroxide, aqueous solutions
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous 
solutions, stabilized

[[Page 37992]]

Hypochlorite solutions
Nitric acid
Phenyl phosphorus dichloride
Phenyl phosphorus thiodichloride
Phosphoric acid solution
Phosphoric acid, solid
Phosphorus trichloride (Phosphorus chloride)
Sodium chlorate
Sodium chlorate, aqueous solution
Sodium hydrosulfide
Sulfur, molten
Sulfuric acid
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 
sulfuric acid))
White liquor (not regulated under this subchapter)

    Issued in Washington, DC, on June 5, 2012, under authority 
delegated in 49 CFR Part 106.
Cynthia Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2012-13960 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-60-P