Notice of Safety Advisory 2005-04, 58503-58504 [05-20097]

Download as PDF Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices and also must be received by 5 p.m., October 21, 2005. Oral testimony before the GSP Subcommittee of the TPSC will be limited to five-minute presentations that summarize or supplement information contained in briefs or statements submitted for the record. Post-hearing briefs or statements will be accepted if they conform with the regulations cited below and are submitted, in English, by 5 p.m., November 14, 2005. Parties not wishing to appear at the public hearing may submit post-hearing written briefs or statements, in English, by 5 p.m., November 14, 2005. Requirements for Submission In order to facilitate prompt processing of submissions, USTR strongly urges and prefers electronic email submissions only in response to this notice. Hand-delivered submissions will not be accepted. These submissions should be single-copy transmissions in English with the total submission not to exceed 20 single-spaced standard lettersize pages. E-mail submissions should use the following subject line: ‘‘2005 GSP Review’’ and, as appropriate ‘‘Notice of Intent to Testify’’ or Written Comments.’’ Documents must be submitted in English in one of the following formats: MSWord (.DOC), WordPerfect (.WPD), or text (.TXT) files. Documents may not be submitted as electronic image files or contain imbedded images (for example, ‘‘.JPG,’’ ‘‘.TIF,’’ ‘‘.PDF,’’ ‘‘.BMP,’’ or ‘‘.GIF’’). Supporting documentation submitted as spreadsheets are acceptable as Excel files, formatted for printing on 81⁄2 x 11 inch paper. To the extent possible, any data attachments to the submission should be included in the same file as the submission itself, and not as separate files. If the submission contains business confidential information, a nonconfidential version of the submission must also be submitted that indicates where confidential information was redacted by inserting asterisks where material was deleted. In addition, the confidential submission must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of each page of the document. The non-confidential version must also be clearly marked at the top and bottom of each page (either ‘‘PUBLIC VERSION’’ or ‘‘NONCONFIDENTIAL’’). Documents that are submitted without any marking will be considered public documents. For any document containing business confidential information submitted as an electronic attached file to an e-mail transmission, the file name of the business confidential version should VerDate Aug<31>2005 19:52 Oct 05, 2005 Jkt 208001 begin with the characters ‘‘BC–’’, and the file name of the public version should begin with the characters ‘‘P–’’. The ‘‘P–’’ or ‘‘BC–’’ should be followed by the name of the party (government, company, union, association, etc.) making the submission. E-mail submissions should not include separate cover letters or messages in the message area of the email; information that might appear in any cover letter should be included directly in the attached file containing the submission itself, including the sender’s e-mail address and other identifying information. The e-mail address for these submissions is FR0052@USTR.EOP.GOV. Documents not submitted in accordance with these instructions might not be considered in this review. If unable to provide submissions by e-mail, please contact the GSP Subcommittee to arrange for an alternative method of transmission. Public versions of all documents relating to this review will be available for review approximately two weeks after the relevant due date by appointment in the USTR public reading room, 1724 F Street NW., Washington, DC. Appointments may be made from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through Friday, by calling (202) 395–6186. FOR FURTHER INFORMATION CONTACT: For procedural questions concerning written comments or participation in the public hearing, contact Regina Teeter, (202) 395–9681. All other questions should be directed to Marideth Sandler, Executive Director of the GSP Program, Office of the United States Trade Representative, 1724 F Street, NW., Room F–220, Washington, DC 20508, (202) 395–6971. Carmen Suro-Bredie, Chairman, Trade Policy Staff Committee. [FR Doc. 05–20089 Filed 10–5–05; 8:45 am] BILLING CODE 3190–W5–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Notice of Safety Advisory 2005–04 Federal Railroad Administration (FRA), DOT. ACTION: Notice of Safety Advisory 2005– 04. AGENCY: SUMMARY: FRA is issuing Safety Advisory 2005–04 advising shippers, consignees, and railroads of the dangers of allowing cars of ‘‘time-sensitive’’ chemicals to remain undelivered beyond their anticipated date of PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 58503 placement and to recommend enhanced procedures to avoid such occurrences. This action is being taken to improve the safety and reliability of hazardous materials shipments by railroad. FOR FURTHER INFORMATION CONTACT: Thomas A. Phemister, Railroad Safety Specialist (Hazardous Materials), Hazardous Materials Division, Office of Safety Assurance and Compliance, Federal Railroad Administration, U.S. Department of Transportation, 1120 Vermont Avenue, NW., Washington, DC 20590–0001 (telephone: (202) 493–6050; e-mail: tom.phemister@fra.dot.gov). SUPPLEMENTARY INFORMATION: Background At 6:40 p.m. EDT on August 28, 2005, in Cincinnati, OH, fire department personnel responded to a report of smoke coming from a tank car in a railroad yard (Linwood Yard 1) operated by the Indiana and Ohio Railway Company (IORY). As shipped, tank car PLCX 224841 contained 23,543.97 gallons of styrene monomer, stabilized (170,966.7 pounds at the loading temperature of 60° F.). Styrene monomer, stabilized, is a class 3 (flammable liquid) material. As a result of the release residents were evacuated within a 1 mile radius, later reduced to a 1⁄2 mile radius and, by the end of the fourth day, the exclusion zone was reduced further to the immediate area around the car. The Environmental Protection Agency’s Pollution Report indicates that, initially, 800 people were evacuated. In addition, four schools closed, and the Ohio River was closed to traffic for a short time. The incident lasted approximately 5 days. FRA’s preliminary investigation indicates that the cause of the incident was a polymerization of the styrene monomer in the tank car due to the deterioration of the inhibiting agent (para-tertiary butylcatechol) as a result of the extended time in transportation. The shipment consisted of 99.91% Styrene Monomer and .09% of other components (the largest identifiable component was the inhibiting agent) and was offered into transportation on December 30, 2004 by Westlake Styrene, Sulphur, LA, and consigned to Queen City Terminals, Cincinnati, OH, under bill of lading number 80435877. Movement records show that the car made a normal trip to the IORY, arriving at interchange between the Norfolk Southern Railway Company and the IORY (at Sharonville, OH) on January 21, 2005. IORY records show the car was moved from the interchange yard to 1 Linwood Yard on the Indiana & Ohio Railway is also known as Undercliff Yard. E:\FR\FM\06OCN1.SGM 06OCN1 58504 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices McCullough Yard where it stayed for approximately 5 or 6 weeks before it was moved to Linwood Yard on March 12, 2005. From the time the car was interchanged to IORY until smoke was observed on August 28, 2005, FRA has found no records indicating that the IORY attempted to contact Queen City Terminals to arrange for delivery of the car. Time-Sensitive Commodities Each year, America’s railroads safely transport more than 1.7 million hazardous materials shipments to their destinations. Certain hazardous materials pose particular risks if not transported, and delivered, promptly. Among these are cryogenic materials, which must be transported, and maintained, at very low temperatures. Federal hazardous materials regulations (49 CFR 173.319(a)(3)) require that: The shipper shall notify the Federal Railroad Administration whenever a tank car containing any flammable cryogenic liquid is not received by the consignee within 30 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to Hmassist@fra.dot.gov or telephone call to (202) 493–6229.2 Another group of chemicals are timesensitive because they are shipped with a stabilizing or inhibiting chemical that retards the chemical’s natural tendency to polymerize. Polymerization is a chemical reaction in which a large number of relatively simple molecules combine to form complex chains of macromolecules, often times with the evolution of heat and, in closed containers like tank cars, pressure. Of interest here, this process is how styrene monomer becomes the useful polystyrene that is so easily colored, molded, and fabricated.3 Of course, polymerization is not intended to occur while the material is being transported, which is why it is shipped with an inhibiting agent. The members of the Association of American Railroads (AAR) and the American Short Line and Regional Railroad Association have adopted the recommendations contained in AAR’s Circular OT–55-H, ‘‘Recommended Railroad Operating Practices for Transportation of Hazardous Materials.’’ 4 This package of recommended procedures includes 2 A similar requirement, applicable to compressed gases in tank cars and multi-unit tank cars, appears at 49 CFR 173.314(g)(1). 3 Adapted from Hawley’s Condensed Chemical Dictionary, 14th edition,  2001, John Wiley & Sons, New York. 4 The AAR’s Circular No. OT–55–H was issued August 25, 2005, and became effective September 1, 2005, replacing Circular No. OT–55–G. VerDate Aug<31>2005 19:52 Oct 05, 2005 Jkt 208001 suggestions for time-sensitive materials. It places responsibility on the railroads for monitoring these shipments and escalating their response as necessary when any car with a time-sensitive product is delayed in transit. The circular includes a list of 20-day timesensitive products and a list of 30-day time-sensitive products. Products with a 20-day time-in-transit limit include Ethylene, refrigerated liquid; Hydrogen, refrigerated liquid; Chloroprene, stabilized; Methyl Methacrylate Monomer, uninhibited; and Hydrogen Chloride, refrigerated liquid. Products with a 30-day time-in-transit limit include Styrene monomer, stabilized and Recycled Styrene. Recommendations 1. FRA strongly encourages all railroads to develop procedures that conform to AAR Circular OT–55-H and to assure that railroad employees responsible for the movement of timesensitive chemicals are familiar with and clearly understand these procedures. Such actions will help ensure that these materials reach their destinations in a timely way. We note that, in accordance with the Hazardous Materials Regulations (HMR; 49 CFR parts 171–180), rail carriers must make every effort to expedite hazardous materials shipments.5 2. FRA recommends that shippers and consignees monitor the progress of timesensitive materials that they have shipped and ordered. While the railroads have the primary responsibility to monitor the movement of freight along their tracks, close attention by shippers and consignees will provide an additional level of safety. A shipper sending a timesensitive load to a consignee should call the consignee (or use fax or e-mail) and let that party know a car is on the way and should arrive before the expiration of an appropriate number of days. As the due date approaches, either the shipper or the consignee, or both, should contact the railroad(s) involved for a report on how the car is moving. Some shippers and receivers have enough volume of railroad traffic to warrant the installation of automated car monitoring equipment or to hire car monitoring services. FRA is not prescribing how this extra involvement should take place, but the agency will evaluate this activity to determine the need for any future regulatory or other agency action. 3. The HMR require each person who offers a hazardous material for transportation in commerce to class and 5 49 PO 00000 CFR 174.14. Frm 00135 Fmt 4703 describe that material correctly.6 While the AAR’s OT–55–H includes a list of time-sensitive materials, and 49 CFR 173.314 and 173.319 regulate specific sub-sets, there are many other products shipped as ‘‘stabilized’’ or ‘‘inhibited.’’ Each of these has a chemical added, an inert gas blanket applied, or a shipping condition (such as cooling) utilized to promote product stability, purity, and safety. FRA recommends that shippers and consignees work with the railroads to explore ways to reduce the risks in transporting the full range of timesensitive materials. One good start would be to apply the recommendations in this notice and the concepts in the industry’s circular to such materials. FRA will be monitoring hazardous materials movements to ensure that those who offer for transportation and transport such chemicals in commerce work together to minimize the safety risks associated with the movement of time-sensitive materials. FRA’s investigation into the styrene incident in Cincinnati is not yet complete, but the fact that a car of timesensitive material, carrying an inhibitor, was apparently allowed to languish on the same railroad for seven months is not acceptable. Enhanced efforts by the chemical producers, users, and carriers to monitor their shipments appropriately will further reduce the already low likelihood of a similar occurrence happening again. Issued in Washington, DC, on September 29, 2005. Daniel C. Smith, Associate Administrator for Safety. [FR Doc. 05–20097 Filed 10–5–05; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34753] Central Illinois Railroad Company— Operation Exemption—Rail Line of the City of Peoria, IL Central Illinois Railroad Company (CIRY), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41, et seq., to operate a line of railroad owned by the City of Peoria, IL (the City), extending easterly approximately 1.9 miles from a point of connection with the Peoria Subdivision of the Union Pacific Railroad Company (UP) at approximately UP milepost 71.5 to a point a short distance west of 6 49 Sfmt 4703 E:\FR\FM\06OCN1.SGM CFR 173.22. 06OCN1

Agencies

[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58503-58504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20097]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Notice of Safety Advisory 2005-04

AGENCY: Federal Railroad Administration (FRA), DOT.

ACTION: Notice of Safety Advisory 2005-04.

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

SUMMARY: FRA is issuing Safety Advisory 2005-04 advising shippers, 
consignees, and railroads of the dangers of allowing cars of ``time-
sensitive'' chemicals to remain undelivered beyond their anticipated 
date of placement and to recommend enhanced procedures to avoid such 
occurrences. This action is being taken to improve the safety and 
reliability of hazardous materials shipments by railroad.

FOR FURTHER INFORMATION CONTACT: Thomas A. Phemister, Railroad Safety 
Specialist (Hazardous Materials), Hazardous Materials Division, Office 
of Safety Assurance and Compliance, Federal Railroad Administration, 
U.S. Department of Transportation, 1120 Vermont Avenue, NW., 
Washington, DC 20590-0001 (telephone: (202) 493-6050; e-mail: 
tom.phemister@fra.dot.gov).

SUPPLEMENTARY INFORMATION:

Background

    At 6:40 p.m. EDT on August 28, 2005, in Cincinnati, OH, fire 
department personnel responded to a report of smoke coming from a tank 
car in a railroad yard (Linwood Yard \1\) operated by the Indiana and 
Ohio Railway Company (IORY). As shipped, tank car PLCX 224841 contained 
23,543.97 gallons of styrene monomer, stabilized (170,966.7 pounds at 
the loading temperature of 60[deg] F.). Styrene monomer, stabilized, is 
a class 3 (flammable liquid) material. As a result of the release 
residents were evacuated within a 1 mile radius, later reduced to a \1/
2\ mile radius and, by the end of the fourth day, the exclusion zone 
was reduced further to the immediate area around the car. The 
Environmental Protection Agency's Pollution Report indicates that, 
initially, 800 people were evacuated. In addition, four schools closed, 
and the Ohio River was closed to traffic for a short time. The incident 
lasted approximately 5 days.
---------------------------------------------------------------------------

    \1\ Linwood Yard on the Indiana & Ohio Railway is also known as 
Undercliff Yard.
---------------------------------------------------------------------------

    FRA's preliminary investigation indicates that the cause of the 
incident was a polymerization of the styrene monomer in the tank car 
due to the deterioration of the inhibiting agent (para-tertiary 
butylcatechol) as a result of the extended time in transportation. The 
shipment consisted of 99.91% Styrene Monomer and .09% of other 
components (the largest identifiable component was the inhibiting 
agent) and was offered into transportation on December 30, 2004 by 
Westlake Styrene, Sulphur, LA, and consigned to Queen City Terminals, 
Cincinnati, OH, under bill of lading number 80435877. Movement records 
show that the car made a normal trip to the IORY, arriving at 
interchange between the Norfolk Southern Railway Company and the IORY 
(at Sharonville, OH) on January 21, 2005. IORY records show the car was 
moved from the interchange yard to

[[Page 58504]]

McCullough Yard where it stayed for approximately 5 or 6 weeks before 
it was moved to Linwood Yard on March 12, 2005. From the time the car 
was interchanged to IORY until smoke was observed on August 28, 2005, 
FRA has found no records indicating that the IORY attempted to contact 
Queen City Terminals to arrange for delivery of the car.

Time-Sensitive Commodities

    Each year, America's railroads safely transport more than 1.7 
million hazardous materials shipments to their destinations. Certain 
hazardous materials pose particular risks if not transported, and 
delivered, promptly. Among these are cryogenic materials, which must be 
transported, and maintained, at very low temperatures. Federal 
hazardous materials regulations (49 CFR 173.319(a)(3)) require that:

    The shipper shall notify the Federal Railroad Administration 
whenever a tank car containing any flammable cryogenic liquid is not 
received by the consignee within 30 days from the date of shipment. 
Notification to the Federal Railroad Administration may be made by 
e-mail to Hmassist@fra.dot.gov or telephone call to (202) 493-
6229.\2\
---------------------------------------------------------------------------

    \2\ A similar requirement, applicable to compressed gases in 
tank cars and multi-unit tank cars, appears at 49 CFR 173.314(g)(1).

Another group of chemicals are time-sensitive because they are shipped 
with a stabilizing or inhibiting chemical that retards the chemical's 
natural tendency to polymerize. Polymerization is a chemical reaction 
in which a large number of relatively simple molecules combine to form 
complex chains of macromolecules, often times with the evolution of 
heat and, in closed containers like tank cars, pressure. Of interest 
here, this process is how styrene monomer becomes the useful 
polystyrene that is so easily colored, molded, and fabricated.\3\ Of 
course, polymerization is not intended to occur while the material is 
being transported, which is why it is shipped with an inhibiting agent.
---------------------------------------------------------------------------

    \3\ Adapted from Hawley's Condensed Chemical Dictionary, 14th 
edition, (copyright) 2001, John Wiley & Sons, New York.
---------------------------------------------------------------------------

    The members of the Association of American Railroads (AAR) and the 
American Short Line and Regional Railroad Association have adopted the 
recommendations contained in AAR's Circular OT-55-H, ``Recommended 
Railroad Operating Practices for Transportation of Hazardous 
Materials.'' \4\ This package of recommended procedures includes 
suggestions for time-sensitive materials. It places responsibility on 
the railroads for monitoring these shipments and escalating their 
response as necessary when any car with a time-sensitive product is 
delayed in transit. The circular includes a list of 20-day time-
sensitive products and a list of 30-day time-sensitive products. 
Products with a 20-day time-in-transit limit include Ethylene, 
refrigerated liquid; Hydrogen, refrigerated liquid; Chloroprene, 
stabilized; Methyl Methacrylate Monomer, uninhibited; and Hydrogen 
Chloride, refrigerated liquid. Products with a 30-day time-in-transit 
limit include Styrene monomer, stabilized and Recycled Styrene.
---------------------------------------------------------------------------

    \4\ The AAR's Circular No. OT-55-H was issued August 25, 2005, 
and became effective September 1, 2005, replacing Circular No. OT-
55-G.
---------------------------------------------------------------------------

Recommendations

    1. FRA strongly encourages all railroads to develop procedures that 
conform to AAR Circular OT-55-H and to assure that railroad employees 
responsible for the movement of time-sensitive chemicals are familiar 
with and clearly understand these procedures. Such actions will help 
ensure that these materials reach their destinations in a timely way. 
We note that, in accordance with the Hazardous Materials Regulations 
(HMR; 49 CFR parts 171-180), rail carriers must make every effort to 
expedite hazardous materials shipments.\5\
---------------------------------------------------------------------------

    \5\ 49 CFR 174.14.
---------------------------------------------------------------------------

    2. FRA recommends that shippers and consignees monitor the progress 
of time-sensitive materials that they have shipped and ordered. While 
the railroads have the primary responsibility to monitor the movement 
of freight along their tracks, close attention by shippers and 
consignees will provide an additional level of safety. A shipper 
sending a time-sensitive load to a consignee should call the consignee 
(or use fax or e-mail) and let that party know a car is on the way and 
should arrive before the expiration of an appropriate number of days. 
As the due date approaches, either the shipper or the consignee, or 
both, should contact the railroad(s) involved for a report on how the 
car is moving. Some shippers and receivers have enough volume of 
railroad traffic to warrant the installation of automated car 
monitoring equipment or to hire car monitoring services. FRA is not 
prescribing how this extra involvement should take place, but the 
agency will evaluate this activity to determine the need for any future 
regulatory or other agency action.
    3. The HMR require each person who offers a hazardous material for 
transportation in commerce to class and describe that material 
correctly.\6\ While the AAR's OT-55-H includes a list of time-sensitive 
materials, and 49 CFR 173.314 and 173.319 regulate specific sub-sets, 
there are many other products shipped as ``stabilized'' or 
``inhibited.'' Each of these has a chemical added, an inert gas blanket 
applied, or a shipping condition (such as cooling) utilized to promote 
product stability, purity, and safety. FRA recommends that shippers and 
consignees work with the railroads to explore ways to reduce the risks 
in transporting the full range of time-sensitive materials. One good 
start would be to apply the recommendations in this notice and the 
concepts in the industry's circular to such materials. FRA will be 
monitoring hazardous materials movements to ensure that those who offer 
for transportation and transport such chemicals in commerce work 
together to minimize the safety risks associated with the movement of 
time-sensitive materials.
---------------------------------------------------------------------------

    \6\ 49 CFR 173.22.
---------------------------------------------------------------------------

    FRA's investigation into the styrene incident in Cincinnati is not 
yet complete, but the fact that a car of time-sensitive material, 
carrying an inhibitor, was apparently allowed to languish on the same 
railroad for seven months is not acceptable. Enhanced efforts by the 
chemical producers, users, and carriers to monitor their shipments 
appropriately will further reduce the already low likelihood of a 
similar occurrence happening again.

    Issued in Washington, DC, on September 29, 2005.
Daniel C. Smith,
Associate Administrator for Safety.
[FR Doc. 05-20097 Filed 10-5-05; 8:45 am]
BILLING CODE 4910-06-P
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