Petitions for Interim Standards for Rail Tank Cars Used to Transport Toxic-by-Inhalation Hazard Materials, 42765-42769 [E8-16535]
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
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BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 171, 172, and 173
[Docket No. PHMSA–2008–0182]
Petitions for Interim Standards for Rail
Tank Cars Used to Transport Toxic-byInhalation Hazard Materials
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of petitions for
rulemaking.
pwalker on PROD1PC71 with PROPOSALS
AGENCY:
SUMMARY: This document solicits
comments on the merits of two petitions
for rulemaking filed with PHMSA
VerDate Aug<31>2005
17:30 Jul 22, 2008
Jkt 214001
seeking promulgation of an interim
standard for railroad tank cars used to
transport toxic by inhalation hazard
(TIH) materials. One petition was filed
jointly by the American Chemistry
Council, American Short Line and
Regional Railroad Association,
Association of American Railroads,
Chlorine Institute, and Railway Supply
Institute, and a second petition was
filed by The Fertilizer Institute.
DATES: Comments must be received by
August 22, 2008.
ADDRESSES: You may submit comments
identified by the docket number
PHMSA–08–0182 by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, Routing Symbol M–30, 1200 New
Jersey Avenue, SE., Washington, DC
20590.
• Hand Delivery: To Docket
Operations, Room W12–140 on the
ground floor of the West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
PO 00000
Frm 00042
Fmt 4702
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Monday through Friday, except Federal
Holidays.
Instructions: All submissions must
include the agency name and docket
number for this notice at the beginning
of the comment. Note that all comments
received will be posted without change
to the docket management system,
including any personal information
provided.
Docket: For access to the dockets to
read background documents or
comments received, go to https://
www.regulations.gov or DOT’s Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search
the electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
FOR FURTHER INFORMATION CONTACT:
William Schoonover, (202) 493–6229,
Office of Safety Assurance and
Compliance, Federal Railroad
Administration; Lucinda Henriksen,
(202) 493–1345, Office of Chief Counsel,
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
Federal Railroad Administration; or
Michael Stevens, (202) 366–8553, Office
of Hazardous Materials Standards,
Pipeline and Hazardous Materials Safety
Administration.
SUPPLEMENTARY INFORMATION:
A. Background
By notice of proposed rulemaking
(NPRM) published April 1, 2008, under
Docket No. FRA–2006–25169 (HM–246)
(73 FR 17818–65), the U.S. Department
of Transportation (DOT) through the
Pipeline and Hazardous Materials Safety
Administration (PHMSA) and Federal
Railroad Administration (FRA),
proposed regulations to improve the
crashworthiness protection of tank cars
carrying toxic-by-inhalation hazard
(TIH) materials. In addition to certain
operational restrictions, the NPRM
proposed enhanced TIH tank car
performance standards for head and
shell impacts.
In petitions dated July 3, 2008 and
July 7, 2008, the American Chemistry
Council, American Short Line and
Regional Railroad Association,
Association of American Railroads,
Chlorine Institute, and Railway Supply
Institute (collectively, the Petitioner
Group) and The Fertilizer Institute
(TFI), respectively, have requested that
the Hazardous Materials Regulations
(HMR; 49 CFR parts 171–180) be
amended to authorize interim standards
for tank cars transporting TIIH
materials. Both petitions suggest that the
interim standards would be effective
until such time as PHMSA and FRA
adopt enhanced performance standards
for TIH tank cars. The Petitioner Group
and TFI petitions were received and
acknowledged by PHMSA and assigned
petition numbers P–1525 and P–1524,
respectively, under Docket No.
PHMSA–2008–0182.
This document is issued to obtain
comments on the merits of the petitions
and to assist PHMSA in making a
decision of whether to proceed to issue
a rule responding to the petitions under
the ongoing HM–246 tank car
rulemaking. A complete copy of each
petition is available in the docket for
this proceeding. For convenience, the
text of the petitions and accompanying
tables are reprinted below.
pwalker on PROD1PC71 with PROPOSALS
B. Petition P–1525 Is Quoted As
Follows:
The American Chemistry Council (ACC),
the American Short Line and Regional
Railroad Association (ASLRRA), the
Association of American Railroads (AAR),
the Chlorine Institute (CI), and the Railway
Supply Institute (RSI) (Petitioners) submit
this petition to PHMSA to implement a new
interim standard for tank cars used to
VerDate Aug<31>2005
17:30 Jul 22, 2008
Jkt 214001
transport TIH materials. ACC is a trade
association representing 130 member
companies that account for approximately 85
percent of the capacity for the production of
basic industrial chemicals in the United
States. ASLRRA is an organization which
represents over 450 member railroads in the
class II and class III railroad industry. AAR
is a trade association whose membership
includes freight railroads that operate 72
percent of the line-haul mileage, employ 92
percent of the workers, and account for 95
percent of the freight revenue of all railroads
in the United States. CI is a 220 member, notfor-profit trade association of chlor-alkali
producers worldwide, as well as packagers,
distributors, users, and suppliers accounting
for more than 98 percent of the total chlorine
production capacity of the U.S., Canada, and
Mexico. RSI is the international trade
association of suppliers to the nation’s freight
railroads and rail passenger systems. The RSI
Tank Car Committee members include the
major North American tank car builders and
leasing companies, who own and lease
approximately 70% of the North American
tank car fleet.
I. Need For A New Interim Tank Car
Standard
On April 1, 2008, PHMSA published a
notice of proposed rulemaking containing a
new tank car standard for TIH materials.1
Part of that proposal was that two years after
issuance of a final rule, newly constructed
tank cars transporting TIH materials would
be required to comply with the new standard.
Five years after issuance of a final rule, only
tank cars constructed of normalized steel
could be used to transport TIH materials.
Eight years after issuance of a final rule, all
tank cars transporting TIH materials would
need to be in compliance with the new
standard.
The proposed standard represents an
innovative approach to tank car design. The
purpose of the proposed standard is to
significantly reduce the probability of release
should a tank car be involved in an accident.
However, the tank car industry cannot meet
the standard today; the NPRM is truly
technology-forcing.
Petitioners strongly support PHMSA’s
initiative to create a new tank car standard
that would appreciably improve the safety of
TIH transportation. Petitioners are committed
to doing their part to minimize the
occurrence of accidents and to reduce the
possibility of a release should an accident
occur. PHMSA’s effort to dramatically reduce
the probability of a release of TIH materials
through enhanced tank car standards is a goal
shared by Petitioners.
However, the publication of the NPRM has
had two unintended effects. One, publication
has delayed the phasing out of aging tank
cars. Two, publication has threatened to
cause a shortage of cars needed for the
transportation of TIH materials.
Since under the NPRM tank cars not
meeting the final standard would have to be
removed from TIH service within eight years
of issuance of the final rule, the NPRM has
1 Docket No. FRA–2006–25169, 73 Fed. Reg.
17818.
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
had the unintended consequence of
providing an incentive for shippers and
lessors to stop purchasing new tank cars for
TIH transportation, pending the issuance of
the final rule. From the perspective of both
shippers who own tank cars used to transport
their TIH materials and lessors who lease
tank cars used to transport TIH materials,
investments in new tank cars cannot be
justified unless those cars will be used for at
least two decades. Note that under DOT
regulations, tank cars have a service life of
fifty years.2
Absent the NPRM, many older tank cars
likely would be replaced by tank cars
exceeding minimum DOT specifications.
Unfortunately, because of the economic
disincentive to purchase new tank cars for
TIH transportation, those tank cars are not
being replaced.
During the meetings on the NPRM held in
May, shipper after shipper stated that the
NPRM threatened to cause a shortage of tank
cars for TIH transportation. The shippers
stated that lessors are reluctant to renew
leases partly due to a concern that the
NPRM’s call for a dramatically new tank car
design will increase their liability should a
tank car meeting minimum PHMSA
standards be involved in an accident.
II. An Interim Standard Based On Probability
Of Release
Petitioners have a solution to these
problems. Petitioners propose that PHMSA
promulgate an interim standard that provides
for the construction of tank cars that
significantly reduce the probability of release
of product using existing technology and
grandfather those cars for twenty-five years
following issuance of the final rule. Such a
standard is in the public interest for the
following reasons:
• By authorizing the use of tank cars that
exceed PHMSA minimum standards for a
period of time exceeding the eight-year
phase-out period suggested in the NPRM, the
disincentive to replace minimum
specification cars will be reduced.
• To the extent shippers and lessors
replace older cars with cars less likely to
release TIH in the event of an accident, safety
will be significantly enhanced. Similarly, by
reducing the disincentive to replace older
cars with cars less likely to release TIH in the
event of an accident, PHMSA’s goal of
replacing older cars will be realized sooner.
• By limiting the grandfather period to
twenty-five years, instead of the normal fifty
year useful life provided by DOT regulations,
PHMSA would prevent creating an incentive
to replace cars prematurely prior to the
effective date of the final TIH standard to
avoid, perhaps, the greater costs involved in
constructing cars meeting the final standard.
• PHMSA will avoid the unintended
consequence of creating a shortage of cars for
the transportation of TIH materials.
• An interim standard providing for a
significant reduction in the probability of
release is consistent with PHMSA’s objective
of promulgating a new tank car standard
representing a significant improvement over
the existing minimum specifications. At the
2 49
E:\FR\FM\23JYP1.SGM
CFR 215.203.
23JYP1
Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
same time, such an interim standard would
reduce the commercial and liability concerns
of lessors that are contributing to a reluctance
to enter into new leases for TIH tank cars.
III. The Research Underlying Conditional
Probability of Release
Petitioners’ proposed interim standard is
based on research conducted by the
University of Illinois at Urbana-Champaign
(UIUC) and the RSI–AAR Railroad Tank Car
Safety Research and Test Project (Tank Car
Project). UIUC set out to analyze the
‘‘conditional probability of release’’ (CPR) of
product should a tank car be involved in an
accident.3
UIUC’s work is based on a report assessing
lading loss probabilities published by the
Tank Car Project.4 The lading loss report is
based on 6,752 cars damaged in accidents.
Consequently we can demonstrate with
confidence through the CPR method a
significant safety improvement.
UIUC calculated the CPR for tank cars used
to transport chlorine and anhydrous
ammonia, the 105A500W and 112J340W tank
cars, respectively.5 UIUC then compared the
CPR for the chlorine and anhydrous
ammonia cars with CPRs for enhanced cars.
The enhanced cars had thicker heads and
shells and improved top fittings protection.
In the case of chlorine, the thicker heads and
shells were based on the 105J600W
specification. For anhydrous ammonia, the
thicker heads and shells were based on the
112J500W specification. Because the
enhanced cars are existing DOT specification
tank cars, the tank car database again served
as the basis for the CPR calculation for the
head and shell improvements.
The top fittings protection was based on a
new top fittings design. The design was
intended to survive potential forces exerted
on the top fittings in a rollover accident.
More specifically, the top fittings were
designed to survive a rollover with a 9 mph
linear velocity.
IV. Using CPR as the Basis for Improved
Performance
UIUC’s research points the way to a
performance improvement which is
PHMSA’s ultimate objective in its
rulemaking proceeding on TIH tank car
standards. In the case of both chlorine and
anhydrous ammonia, the CPR improvement
as calculated by UIUC is significant. For
example, chlorine calculations show an
improvement of 63 percent, a reduction from
5 to 2 percent. For anhydrous ammonia, the
improvement shown is 71 percent, a
reduction from 8 to 2 percent.
Consequently, Petitioners propose an
interim tank car design with the following
features:
• A design standard achieving CPR
improvement from the head and shell
through the use of higher DOT class tank cars
than currently required by DOT regulations
(See the table attached hereto as Exhibit 1);
• An alternative performance standard
requiring CPR improvement equivalent or
better in the head and shell as compared to
the design standard; and
• A top fittings protection performance
standard.
The design standard would require that in
lieu of 105*300W or 112*340W tank cars, a
105J500W or 112J500W car, respectively,
would be required, with a minimum head
and shell thickness of 13⁄16′ and a full height
1⁄2’’ thick or equivalent head shield. A
minimum head and shell thickness would be
included to prevent a shipper from using a
peculiar tank car that, for example, contains
shell protection but does not contain
sufficient head protection.
Similarly, in lieu of a 105*500W car, a
105J600W car would be required, with a
minimum head and shell thickness of 15⁄16′
and a full height 1⁄2’’ thick or equivalent head
shield. For those commodities currently
shipped in 105J600W cars, the minimum
thickness would also apply, but no upgrading
of the DOT class tank car would be required
since the 600-pound car is the highest DOT
class tank car.
The top fittings protection standard would
require a design that could survive a rollover
with a 9 mph linear velocity, the criterion
used in the UIUC study. Note that AAR’s
Tank Car Committee has already approved
two designs meeting this standard. In
addition, AAR understands the Chlorine
Institute is developing its own top fittings
standard that will meet the 9 mph criterion
and DOT regulations. In order to achieve this
performance, a stronger top fittings
protection system must be permitted in lieu
of the bolted-on protective housing now
mandated in the regulations. Welded
attachment has proven to be an effective
method and should be allowed.
For the alternative performance standard,
Petitioners propose that DOT use a formula
requiring improvements to the head and shell
that are at least as good, from a CPR
42767
perspective, as the designs standard.
Petitioners propose the following formula:
1¥(CPR of tank car¥CPR of minimum
specification tank car) ≥ tank improvement
factor for the commodity.
The tank improvement factor is a factor
that achieves a CPR improvement from the
head and shell at least as good as the design
specifications. The table in Exhibit 1 shows
the tank improvement factors for TIH
materials commonly transported by rail. As
the table indicates, the tank improvement
factor for a specific commodity is based on
a particular head and shell thickness. The
head and shell thicknesses were derived from
the formula in 49 CFR 179.100–6, taking into
account design criteria such as commodity
density, gross rail load, outage, and car
length and diameter.
Petitioners also suggest that DOT permit
use of an alternative methodology to
demonstrate improvement equivalent to the
tank improvement factor calculation. Of
course, use of such an alternative would be
subject to DOT approval.
Finally, in the case of chlorine, ACC and
CI have taken the performance criteria one
step further. ACC and CI worked with UIUC
to calculate an alternative design that would
achieve the desired CPR improvement, 45
percent for head and shell improvements, 63
percent including top fittings.
• The chlorine design has a 0.777 inch
head, a 0.777 inch shell, and a 0.375 inch
jacket with head shield of 0.625 inch.6
• This specific alternative design utilizes
jacket material which is steel with minimum
tensile strength of 70 ksi and minimum
elongation in 2 inches of 21%.
The calculations show that the CPR target
can be met in more than one way. With this
calculation having been made for chlorine,
Petitioners also propose that this alternative
specification specifically be included in the
interim standard.
V. Proposed Regulatory Language
[Petitioners propose specific
amendments to 49 CFR parts 171, 172,
and 173. The proposed amendments
would address definitions, entries in the
Hazardous Materials Table, and tank car
authorizations for TIH materials. The
complete petition may be reviewed by
accessing the docket identified at the
beginning of this document.]
TABLE I
Tank
improvement
factor (TIF)
DOT minimum
specification
Acetone Cyanohydrin, Stabilized .............................................................................
Acrolein ....................................................................................................................
pwalker on PROD1PC71 with PROPOSALS
Commodity name
105J500W .................
105J600W .................
3 While there have been questions raised as to the
extent to which safety is enhanced by top fittings
modifications in the UIUC report, there is not doubt
that the proposed interim tank car would reduce the
CPR by a substantial amount and provide for
improved accident survivability.
4 Railroad Tank Car Safety Research and Test
Project, ‘‘Safety Performance of Tank Cars in
VerDate Aug<31>2005
17:30 Jul 22, 2008
Jkt 214001
Accidents: Probabilities of Lading Loss’’ (RA–05–02
January 2006).
5 Saat and Barkan, ‘‘Risk Analysis of Rail
Transport of Chlorine & Ammonia on U.S. Railroad
Mainlines’’ (Feb. 27, 2006).
6 UIUC’s CPR calculations assume that an
equivalent level of safety performance can be
PO 00000
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Fmt 4702
Sfmt 4702
0.67
0.80
Conditional
probability of
release
0.0855
0.0419
obtained by thickening the head shield and jacket
to compensate for equivalent reductions in
thickness in the tank head and shell, respectively.
Further technical review of the head shield is
currently taking place to determine the appropriate
thickness. This thickness will be between 0.625
inch and 0.859 inch.
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Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
TABLE I—Continued
Tank
improvement
factor (TIF)
DOT minimum
specification
Commodity name
Allyl Alcohol .............................................................................................................
Ammonia, Anhydrous ..............................................................................................
Bromine ....................................................................................................................
Chlorine ....................................................................................................................
Chloropicrin ..............................................................................................................
Chlorosulfonic Acid ..................................................................................................
Dimethyl Sulfate .......................................................................................................
Dinitrogen Tetroxide ................................................................................................
Ethyl Chloroformate .................................................................................................
Ethylene Oxide ........................................................................................................
Hexachlorocyclopentadiene .....................................................................................
Hydrogen Chloride, Refrig. Liquid ...........................................................................
Hydrogen Cyanide, Stabilized .................................................................................
Hydrogen Fluoride, Anhydrous ................................................................................
Hydrogen Sulfide .....................................................................................................
Methyl Bromide ........................................................................................................
Methyl Mercaptan ....................................................................................................
Nitrosyl Chloride ......................................................................................................
Phosphorus Trichloride ............................................................................................
Sulfur Dioxide ..........................................................................................................
Sulfur Trioxide, Stabilized ........................................................................................
Sulfuric Acid, Fuming ...............................................................................................
Titanium Tetrachloride .............................................................................................
105J500W
105J500W
105J500W
105J600W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J600W
105J600W
105J500W
105J600W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
.................
Conditional
probability of
release
0.67
0.69
0.68
0.69
0.56
0.56
0.57
0.57
0.57
0.67
0.68
............................
0.80
0.63
............................
0.56
0.67
0.57
0.57
0.57
0.56
0.51
0.56
0.0855
0.0855
0.1028
0.0509
0.0855
0.0855
0.0855
0.0855
0.0855
0.0855
0.1028
0.0284
0.0419
0.0809
0.0299
0.0855
0.0855
0.0855
0.0855
0.0855
0.0855
0.0802
0.0855
EXHIBIT 1
Baseline DOT tank (DOT min. or accepted DOT STD)
Commodity name
Acetone Cyanohydrin, Stabilized
Acrolein .........................................
Allyl Alcohol ..................................
Ammonia, Anhydrous ...................
Bromine ........................................
Chlorine ........................................
Chloropicrin ...................................
Chlorosulfonic Acid .......................
Dimethyl Sulfate ...........................
Dinitrogen Tetroxide .....................
Ethyl Chloroformate ......................
Ethylene Oxide .............................
Hexachlorocyclo-pentadiene ........
Hydrogen Chloride, Refrig. Liquid
Hydrogen Cyanide, Stabilized ......
Hydrogen Flouride, Anhydrous .....
Hydrogen Sulfide ..........................
Methyl Bromide .............................
Methyl Mercaptan .........................
Nitrosyl Chloride ...........................
Phosphorus Trichloride .................
Sulfur Dioxide ...............................
Sulfur Trioxide, Stabilized .............
Sulfuric Acid, Fuming ...................
Titanium Tetrachloride ..................
Current DOT
specification
Head shields
types
Head
thickness
(in.)
105S300W
105J500W
105S300W
105J300W
105A300W
105J500W
105S300W
105S300W
105S300W
105J300W
105S300W
105J300W
105S300W
105J600W
105A500W
112A340W
105J600W
105J300W
105J300W
105J300W
105S300W
105J300W
105S300W
105S300W
105S300W
Full-Height ....
No .................
Full-Height ....
Full-Height ....
No .................
No .................
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
No .................
Full-Height ....
No .................
No .................
No .................
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
Full-Height ....
0.5625
0.8950
0.5625
0.5625
0.5625
0.7870
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
................
0.8950
0.7040
................
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
0.5980
0.5625
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
pwalker on PROD1PC71 with PROPOSALS
C. Petition P–1524 Is Quoted as
Follows:
The Fertilizer Institute (TFI) is the national
trade association representing fertilizer
producers, importers, wholesalers and
retailers. TFI’s mission is to promote and
protect the fertilizer industry. Fertilizer
nutrients provide the ‘‘food’’ plants need to
grow, ensure there is an adequate supply of
nutritious food and animal feed, and a
bountiful supply of fiber and biofuels to help
meet the nation’s energy needs. Without
VerDate Aug<31>2005
17:30 Jul 22, 2008
Jkt 214001
Shell
thickness
(in.)
0.5625
0.8950
0.5625
0.5625
0.5625
0.7870
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
................
0.8950
0.7040
................
0.5625
0.5625
0.5625
0.5625
0.5625
0.5625
0.5980
0.5625
DOT specification tank car used to calculate TIF
Proposed
DOT
specification
meeting TIF
105J500W
105J600W
105J500W
105J500W
105J500W
105J600W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J600W
105J600W
105J500W
105J600W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
105J500W
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fertilizer in general, and in particular
ammonia, our nation’s food and energy
supply would be adversely affected and the
world would be without forty percent of
today’s harvest.
TFI and its anhydrous ammonia shipper
members support DOT’s efforts for enhanced
safety of tank cars, and the anhydrous
ammonia industry is committed to doing its
part to minimize the occurrence of accidents
and to reduce the probability of a release
should an accident occur. We have been
PO 00000
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type
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thickness
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thickness
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improvement factor (TIF)
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0.8951
1.2429
0.8951
1.0300
0.8125
1.1360
0.8125
0.8125
0.8179
0.8179
0.8179
0.8951
0.8125
..................
1.2429
0.8951
..................
0.8125
0.8951
0.8179
0.8179
0.8179
0.8125
0.8125
0.8125
0.8951
1.2429
0.8951
0.89
0.8125
0.9810
0.8125
0.8125
0.8179
0.81798
0.8179
0.8951
0.8125
..................
1.2429
0.8951
..................
0.8125
0.8951
0.8179
0.8179
0.8179
0.8125
0.8125
0.8125
0.67
0.80
0.67
0.69
0.68
0.69
0.56
0.56
0.57
0.57
0.57
0.67
0.68
................
0.80
0.63
................
0.56
0.67
0.57
0.57
0.57
0.56
0.51
0.56
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active participants in the Department of
Transportation’s (DOT) efforts prior to the
April 1 issuance of the notice of proposed
rulemaking for enhanced safety standards for
tank cars carrying toxic-by-inhalation
materials. TFI members ship approximately
52,000 carloads of anhydrous ammonia each
year and own or lease over 4,000 tank cars.
Since the issuance of the proposal, and
after testimony given during public hearings
held in May, it has become evident that there
is much confusion and concern not only by
E:\FR\FM\23JYP1.SGM
23JYP1
Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Proposed Rules
shippers of anhydrous ammonia but from car
manufacturers as well. The timeline for
compliance, the lack of focus by the Volpe
Center on an ammonia concept car, and the
action by the Association of American
Railroads (AAR) to put into effect CPC 1187,
are examples of the concerns raised. Our
specific concerns were detailed in comments
submitted to the docket on June 2. In our
comments we point out that car builders and
leasing companies have not been willing to
renew current leases due to this confusion.
As a result, an unintentional consequence of
the proposal will create a serious shortage of
cars needed in the near future for anhydrous
ammonia. Unless this situation is addressed,
it could result in a switch to truck or
business interruptions.
TFI has reviewed the petition for an
interim standard for tank cars used to
transport toxic-by-inhalation (TIH) materials
submitted by the American Chemistry
Council, American Short Line and Regional
Railroad Association, Association of
American Railroads, The Chlorine Institute
and the Railway Supply Institute.
TFI supports an interim standard for tank
cars and many aspects of the petition filed by
the above associations. However, since
attempts to include stipulations for an
interim anhydrous ammonia tank car could
not be agreed to by some of the associations
above, TFI submits this petition for an
interim tank car standard for anhydrous
ammonia to DOT for consideration.
The Current Anhydrous Ammonia Tank Car
The ammonia industry has specific reasons
for requesting an accommodation for the
current 112J340W car:
• Making an accommodation will also
allow more time for infrastructure upgrades
to handle the eventual 286,000 pound car.
Without an appropriate phase-in schedule,
there could be serious business interruptions
in the marketplace or a switch to truck
transportation.
• The 112J340W cars in ammonia service
are on average only 10–12 years old. Without
an extended life, there will be reluctance for
these car companies to remain in the
ammonia market. Some leasing companies
have already indicated that they will not
renew leases upon expiration of the current
lease agreements for the 112J340W ammonia
tank cars due, in part, to uncertainties
surrounding this NPRM. This could cause a
shortage of ammonia cars available for lease
and force ammonia shippers to find alternate
sources of transportation.
• The tank cars involved in the Minot,
N.D. accident were 105J300W nonnormalized cars with half head shields
welded to the jacket, tank and head thickness
of .5625, and equipped with F double shelf
couplers. The typical 112J340W car, the
current ammonia car, built since 1989 has
improved TC–128B normalized steel
specifications that include in excess of .608
heads and shells that proved themselves in
the Minot derailment. In response to the
Car type
Not in production .........................................................................
Until Jan. 1, 2009 ........................................................................
400/500 .........
DOT ..............
Jan. 1, 2009 until DOT final rule ................................................
Effective date of final rule ...........................................................
Ammonia shippers are voluntarily
removing pre-1989 non-normalized steel cars
from their fleet and this has come at
considerable expense. The current 112J340W
car has a full head shield and the ammonia
industry has voluntarily implemented a five
year, rather than ten year mandated,
requalification test schedule.
This overall plan is reasonable, makes
sound business sense and accomplishes the
smooth transition of the ammonia car fleet.
TFI and its ammonia shipper members
respectively request approval of our request.
D. Purpose of the Notice
pwalker on PROD1PC71 with PROPOSALS
Minot derailment, ammonia shippers
voluntarily modernized their fleet of
ammonia tank cars, swapping out nonnormalized steel cars (pre-1989 built) for
normalized steel cars (post-1989 built).
Ammonia shippers have already spent
considerable effort to change out their fleet
from the pre-1989 built car to the current
112J340W. These shippers had the
understanding that this effort would be
considered with the NPRM.
Interim Standard for Tank Cars in
Anhydrous Ammonia Service
TFI’s petition requests that DOT consider
the following for tank cars in anhydrous
ammonia service as an interim standard:
• Require the retirement of all ammonia
pre-1989 non-normalized steel cars by Dec.
31, 2010;
• Authorize the use of 112J340W ammonia
cars built prior to 2001 until Dec. 31, 2021;
• Authorize the use of 112J340W ammonia
cars built after 2001 for a life of 20 years; and
• Authorize the use of an 112J400 pound
car enhanced with a thicker jacket for
ammonia service beginning Jan. 1, 2009, with
a 25 year service life from the date of the
final ruling.
Summary
In conclusion, the TFI suggests that the
following timeline concerning the design of
anhydrous ammonia cars be considered:
Date car can be built
Pre-1989 .......
340 ................
The purpose of this Notice is to solicit
comments on the merit of petitions for
rulemaking filed by Petitioner Group
and TFI. Both petitions request PHMSA
to issue interim standards for tank cars
used for the transportation of TIH
hazard material by railroad tank car.
The safety implications of the proposals
in the petitions will be given careful
consideration as we determine whether
regulatory action is needed.
VerDate Aug<31>2005
17:30 Jul 22, 2008
Jkt 214001
Service life
Until December 31, 2010.
Pre-2001 built: To December 31, 2021.
Post-2001 built: 20 years from built date.
25 years from date of DOT final rule.
Full life.
Issued in Washington, DC on July 15, 2008
under authority delegated in 49 CFR part
106.
Theodore L. Willke,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. E8–16535 Filed 7–22–08; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 080702817–8838–01]
RIN 0648–AX00
Fisheries in the Western Pacific;
Western Pacific Pelagic Fisheries;
Control Date; Northern Mariana Islands
Pelagic Longline Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00046
42769
Fmt 4702
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Advance notice of proposed
rulemaking; notification of control date;
request for comments.
SUMMARY: NMFS announces that anyone
who enters the pelagic longline fishery
in the Commonwealth of the Northern
Mariana Islands (CNMI) after June 19,
2008 (the ‘‘control date’’), is not
guaranteed future participation in the
fishery if the Western Pacific Fishery
Management Council (Council)
recommends, and NMFS approves, a
program that limits entry into the
fishery, or other fishery management
measures. The Council is concerned
about potentially-uncontrolled
expansion of the CNMI-based pelagic
longline fishery and the potential
resultant interactions with and impacts
on small-boat pelagic fisheries and
localized depletion of pelagic fish
stocks.
Comments must be submitted in
writing by September 22, 2008.
DATES:
E:\FR\FM\23JYP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Proposed Rules]
[Pages 42765-42769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16535]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 172, and 173
[Docket No. PHMSA-2008-0182]
Petitions for Interim Standards for Rail Tank Cars Used to
Transport Toxic-by-Inhalation Hazard Materials
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of petitions for rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document solicits comments on the merits of two petitions
for rulemaking filed with PHMSA seeking promulgation of an interim
standard for railroad tank cars used to transport toxic by inhalation
hazard (TIH) materials. One petition was filed jointly by the American
Chemistry Council, American Short Line and Regional Railroad
Association, Association of American Railroads, Chlorine Institute, and
Railway Supply Institute, and a second petition was filed by The
Fertilizer Institute.
DATES: Comments must be received by August 22, 2008.
ADDRESSES: You may submit comments identified by the docket number
PHMSA-08-0182 by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Docket Operations, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: To Docket Operations, Room W12-140 on the
ground floor of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
Instructions: All submissions must include the agency name and
docket number for this notice at the beginning of the comment. Note
that all comments received will be posted without change to the docket
management system, including any personal information provided.
Docket: For access to the dockets to read background documents or
comments received, go to https://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
Privacy Act: Anyone is able to search the electronic form of any
written communications and comments received into any of our dockets by
the name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Pages 19477-78).
FOR FURTHER INFORMATION CONTACT: William Schoonover, (202) 493-6229,
Office of Safety Assurance and Compliance, Federal Railroad
Administration; Lucinda Henriksen, (202) 493-1345, Office of Chief
Counsel,
[[Page 42766]]
Federal Railroad Administration; or Michael Stevens, (202) 366-8553,
Office of Hazardous Materials Standards, Pipeline and Hazardous
Materials Safety Administration.
SUPPLEMENTARY INFORMATION:
A. Background
By notice of proposed rulemaking (NPRM) published April 1, 2008,
under Docket No. FRA-2006-25169 (HM-246) (73 FR 17818-65), the U.S.
Department of Transportation (DOT) through the Pipeline and Hazardous
Materials Safety Administration (PHMSA) and Federal Railroad
Administration (FRA), proposed regulations to improve the
crashworthiness protection of tank cars carrying toxic-by-inhalation
hazard (TIH) materials. In addition to certain operational
restrictions, the NPRM proposed enhanced TIH tank car performance
standards for head and shell impacts.
In petitions dated July 3, 2008 and July 7, 2008, the American
Chemistry Council, American Short Line and Regional Railroad
Association, Association of American Railroads, Chlorine Institute, and
Railway Supply Institute (collectively, the Petitioner Group) and The
Fertilizer Institute (TFI), respectively, have requested that the
Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) be amended
to authorize interim standards for tank cars transporting TIIH
materials. Both petitions suggest that the interim standards would be
effective until such time as PHMSA and FRA adopt enhanced performance
standards for TIH tank cars. The Petitioner Group and TFI petitions
were received and acknowledged by PHMSA and assigned petition numbers
P-1525 and P-1524, respectively, under Docket No. PHMSA-2008-0182.
This document is issued to obtain comments on the merits of the
petitions and to assist PHMSA in making a decision of whether to
proceed to issue a rule responding to the petitions under the ongoing
HM-246 tank car rulemaking. A complete copy of each petition is
available in the docket for this proceeding. For convenience, the text
of the petitions and accompanying tables are reprinted below.
B. Petition P-1525 Is Quoted As Follows:
The American Chemistry Council (ACC), the American Short Line
and Regional Railroad Association (ASLRRA), the Association of
American Railroads (AAR), the Chlorine Institute (CI), and the
Railway Supply Institute (RSI) (Petitioners) submit this petition to
PHMSA to implement a new interim standard for tank cars used to
transport TIH materials. ACC is a trade association representing 130
member companies that account for approximately 85 percent of the
capacity for the production of basic industrial chemicals in the
United States. ASLRRA is an organization which represents over 450
member railroads in the class II and class III railroad industry.
AAR is a trade association whose membership includes freight
railroads that operate 72 percent of the line-haul mileage, employ
92 percent of the workers, and account for 95 percent of the freight
revenue of all railroads in the United States. CI is a 220 member,
not-for-profit trade association of chlor-alkali producers
worldwide, as well as packagers, distributors, users, and suppliers
accounting for more than 98 percent of the total chlorine production
capacity of the U.S., Canada, and Mexico. RSI is the international
trade association of suppliers to the nation's freight railroads and
rail passenger systems. The RSI Tank Car Committee members include
the major North American tank car builders and leasing companies,
who own and lease approximately 70% of the North American tank car
fleet.
I. Need For A New Interim Tank Car Standard
On April 1, 2008, PHMSA published a notice of proposed
rulemaking containing a new tank car standard for TIH materials.\1\
Part of that proposal was that two years after issuance of a final
rule, newly constructed tank cars transporting TIH materials would
be required to comply with the new standard. Five years after
issuance of a final rule, only tank cars constructed of normalized
steel could be used to transport TIH materials. Eight years after
issuance of a final rule, all tank cars transporting TIH materials
would need to be in compliance with the new standard.
---------------------------------------------------------------------------
\1\ Docket No. FRA-2006-25169, 73 Fed. Reg. 17818.
---------------------------------------------------------------------------
The proposed standard represents an innovative approach to tank
car design. The purpose of the proposed standard is to significantly
reduce the probability of release should a tank car be involved in
an accident. However, the tank car industry cannot meet the standard
today; the NPRM is truly technology-forcing.
Petitioners strongly support PHMSA's initiative to create a new
tank car standard that would appreciably improve the safety of TIH
transportation. Petitioners are committed to doing their part to
minimize the occurrence of accidents and to reduce the possibility
of a release should an accident occur. PHMSA's effort to
dramatically reduce the probability of a release of TIH materials
through enhanced tank car standards is a goal shared by Petitioners.
However, the publication of the NPRM has had two unintended
effects. One, publication has delayed the phasing out of aging tank
cars. Two, publication has threatened to cause a shortage of cars
needed for the transportation of TIH materials.
Since under the NPRM tank cars not meeting the final standard
would have to be removed from TIH service within eight years of
issuance of the final rule, the NPRM has had the unintended
consequence of providing an incentive for shippers and lessors to
stop purchasing new tank cars for TIH transportation, pending the
issuance of the final rule. From the perspective of both shippers
who own tank cars used to transport their TIH materials and lessors
who lease tank cars used to transport TIH materials, investments in
new tank cars cannot be justified unless those cars will be used for
at least two decades. Note that under DOT regulations, tank cars
have a service life of fifty years.\2\
---------------------------------------------------------------------------
\2\ 49 CFR 215.203.
---------------------------------------------------------------------------
Absent the NPRM, many older tank cars likely would be replaced
by tank cars exceeding minimum DOT specifications. Unfortunately,
because of the economic disincentive to purchase new tank cars for
TIH transportation, those tank cars are not being replaced.
During the meetings on the NPRM held in May, shipper after
shipper stated that the NPRM threatened to cause a shortage of tank
cars for TIH transportation. The shippers stated that lessors are
reluctant to renew leases partly due to a concern that the NPRM's
call for a dramatically new tank car design will increase their
liability should a tank car meeting minimum PHMSA standards be
involved in an accident.
II. An Interim Standard Based On Probability Of Release
Petitioners have a solution to these problems. Petitioners
propose that PHMSA promulgate an interim standard that provides for
the construction of tank cars that significantly reduce the
probability of release of product using existing technology and
grandfather those cars for twenty-five years following issuance of
the final rule. Such a standard is in the public interest for the
following reasons:
By authorizing the use of tank cars that exceed PHMSA
minimum standards for a period of time exceeding the eight-year
phase-out period suggested in the NPRM, the disincentive to replace
minimum specification cars will be reduced.
To the extent shippers and lessors replace older cars
with cars less likely to release TIH in the event of an accident,
safety will be significantly enhanced. Similarly, by reducing the
disincentive to replace older cars with cars less likely to release
TIH in the event of an accident, PHMSA's goal of replacing older
cars will be realized sooner.
By limiting the grandfather period to twenty-five
years, instead of the normal fifty year useful life provided by DOT
regulations, PHMSA would prevent creating an incentive to replace
cars prematurely prior to the effective date of the final TIH
standard to avoid, perhaps, the greater costs involved in
constructing cars meeting the final standard.
PHMSA will avoid the unintended consequence of creating
a shortage of cars for the transportation of TIH materials.
An interim standard providing for a significant
reduction in the probability of release is consistent with PHMSA's
objective of promulgating a new tank car standard representing a
significant improvement over the existing minimum specifications. At
the
[[Page 42767]]
same time, such an interim standard would reduce the commercial and
liability concerns of lessors that are contributing to a reluctance
to enter into new leases for TIH tank cars.
III. The Research Underlying Conditional Probability of Release
Petitioners' proposed interim standard is based on research
conducted by the University of Illinois at Urbana-Champaign (UIUC)
and the RSI-AAR Railroad Tank Car Safety Research and Test Project
(Tank Car Project). UIUC set out to analyze the ``conditional
probability of release'' (CPR) of product should a tank car be
involved in an accident.\3\
---------------------------------------------------------------------------
\3\ While there have been questions raised as to the extent to
which safety is enhanced by top fittings modifications in the UIUC
report, there is not doubt that the proposed interim tank car would
reduce the CPR by a substantial amount and provide for improved
accident survivability.
---------------------------------------------------------------------------
UIUC's work is based on a report assessing lading loss
probabilities published by the Tank Car Project.\4\ The lading loss
report is based on 6,752 cars damaged in accidents. Consequently we
can demonstrate with confidence through the CPR method a significant
safety improvement.
---------------------------------------------------------------------------
\4\ Railroad Tank Car Safety Research and Test Project, ``Safety
Performance of Tank Cars in Accidents: Probabilities of Lading
Loss'' (RA-05-02 January 2006).
---------------------------------------------------------------------------
UIUC calculated the CPR for tank cars used to transport chlorine
and anhydrous ammonia, the 105A500W and 112J340W tank cars,
respectively.\5\ UIUC then compared the CPR for the chlorine and
anhydrous ammonia cars with CPRs for enhanced cars. The enhanced
cars had thicker heads and shells and improved top fittings
protection. In the case of chlorine, the thicker heads and shells
were based on the 105J600W specification. For anhydrous ammonia, the
thicker heads and shells were based on the 112J500W specification.
Because the enhanced cars are existing DOT specification tank cars,
the tank car database again served as the basis for the CPR
calculation for the head and shell improvements.
---------------------------------------------------------------------------
\5\ Saat and Barkan, ``Risk Analysis of Rail Transport of
Chlorine & Ammonia on U.S. Railroad Mainlines'' (Feb. 27, 2006).
---------------------------------------------------------------------------
The top fittings protection was based on a new top fittings
design. The design was intended to survive potential forces exerted
on the top fittings in a rollover accident. More specifically, the
top fittings were designed to survive a rollover with a 9 mph linear
velocity.
IV. Using CPR as the Basis for Improved Performance
UIUC's research points the way to a performance improvement
which is PHMSA's ultimate objective in its rulemaking proceeding on
TIH tank car standards. In the case of both chlorine and anhydrous
ammonia, the CPR improvement as calculated by UIUC is significant.
For example, chlorine calculations show an improvement of 63
percent, a reduction from 5 to 2 percent. For anhydrous ammonia, the
improvement shown is 71 percent, a reduction from 8 to 2 percent.
Consequently, Petitioners propose an interim tank car design
with the following features:
A design standard achieving CPR improvement from the
head and shell through the use of higher DOT class tank cars than
currently required by DOT regulations (See the table attached hereto
as Exhibit 1);
An alternative performance standard requiring CPR
improvement equivalent or better in the head and shell as compared
to the design standard; and
A top fittings protection performance standard.
The design standard would require that in lieu of 105*300W or
112*340W tank cars, a 105J500W or 112J500W car, respectively, would
be required, with a minimum head and shell thickness of \13/16\' and
a full height \1/2\'' thick or equivalent head shield. A minimum
head and shell thickness would be included to prevent a shipper from
using a peculiar tank car that, for example, contains shell
protection but does not contain sufficient head protection.
Similarly, in lieu of a 105*500W car, a 105J600W car would be
required, with a minimum head and shell thickness of \15/16\' and a
full height \1/2\'' thick or equivalent head shield. For those
commodities currently shipped in 105J600W cars, the minimum
thickness would also apply, but no upgrading of the DOT class tank
car would be required since the 600-pound car is the highest DOT
class tank car.
The top fittings protection standard would require a design that
could survive a rollover with a 9 mph linear velocity, the criterion
used in the UIUC study. Note that AAR's Tank Car Committee has
already approved two designs meeting this standard. In addition, AAR
understands the Chlorine Institute is developing its own top
fittings standard that will meet the 9 mph criterion and DOT
regulations. In order to achieve this performance, a stronger top
fittings protection system must be permitted in lieu of the bolted-
on protective housing now mandated in the regulations. Welded
attachment has proven to be an effective method and should be
allowed.
For the alternative performance standard, Petitioners propose
that DOT use a formula requiring improvements to the head and shell
that are at least as good, from a CPR perspective, as the designs
standard. Petitioners propose the following formula:
1-(CPR of tank car-CPR of minimum specification tank car) >=
tank improvement factor for the commodity.
The tank improvement factor is a factor that achieves a CPR
improvement from the head and shell at least as good as the design
specifications. The table in Exhibit 1 shows the tank improvement
factors for TIH materials commonly transported by rail. As the table
indicates, the tank improvement factor for a specific commodity is
based on a particular head and shell thickness. The head and shell
thicknesses were derived from the formula in 49 CFR 179.100-6,
taking into account design criteria such as commodity density, gross
rail load, outage, and car length and diameter.
Petitioners also suggest that DOT permit use of an alternative
methodology to demonstrate improvement equivalent to the tank
improvement factor calculation. Of course, use of such an
alternative would be subject to DOT approval.
Finally, in the case of chlorine, ACC and CI have taken the
performance criteria one step further. ACC and CI worked with UIUC
to calculate an alternative design that would achieve the desired
CPR improvement, 45 percent for head and shell improvements, 63
percent including top fittings.
The chlorine design has a 0.777 inch head, a 0.777 inch
shell, and a 0.375 inch jacket with head shield of 0.625 inch.\6\
---------------------------------------------------------------------------
\6\ UIUC's CPR calculations assume that an equivalent level of
safety performance can be obtained by thickening the head shield and
jacket to compensate for equivalent reductions in thickness in the
tank head and shell, respectively. Further technical review of the
head shield is currently taking place to determine the appropriate
thickness. This thickness will be between 0.625 inch and 0.859 inch.
---------------------------------------------------------------------------
This specific alternative design utilizes jacket
material which is steel with minimum tensile strength of 70 ksi and
minimum elongation in 2 inches of 21%.
The calculations show that the CPR target can be met in more
than one way. With this calculation having been made for chlorine,
Petitioners also propose that this alternative specification
specifically be included in the interim standard.
V. Proposed Regulatory Language
[Petitioners propose specific amendments to 49 CFR parts 171, 172,
and 173. The proposed amendments would address definitions, entries in
the Hazardous Materials Table, and tank car authorizations for TIH
materials. The complete petition may be reviewed by accessing the
docket identified at the beginning of this document.]
Table I
----------------------------------------------------------------------------------------------------------------
Tank Conditional
Commodity name DOT minimum specification improvement probability of
factor (TIF) release
----------------------------------------------------------------------------------------------------------------
Acetone Cyanohydrin, Stabilized....... 105J500W............................ 0.67 0.0855
Acrolein.............................. 105J600W............................ 0.80 0.0419
[[Page 42768]]
Allyl Alcohol......................... 105J500W............................ 0.67 0.0855
Ammonia, Anhydrous.................... 105J500W............................ 0.69 0.0855
Bromine............................... 105J500W............................ 0.68 0.1028
Chlorine.............................. 105J600W............................ 0.69 0.0509
Chloropicrin.......................... 105J500W............................ 0.56 0.0855
Chlorosulfonic Acid................... 105J500W............................ 0.56 0.0855
Dimethyl Sulfate...................... 105J500W............................ 0.57 0.0855
Dinitrogen Tetroxide.................. 105J500W............................ 0.57 0.0855
Ethyl Chloroformate................... 105J500W........................... 0.57 0.0855
Ethylene Oxide........................ 105J500W............................ 0.67 0.0855
Hexachlorocyclopentadiene............. 105J500W............................ 0.68 0.1028
Hydrogen Chloride, Refrig. Liquid..... 105J600W........................... ................ 0.0284
Hydrogen Cyanide, Stabilized.......... 105J600W............................ 0.80 0.0419
Hydrogen Fluoride, Anhydrous.......... 105J500W............................ 0.63 0.0809
Hydrogen Sulfide...................... 105J600W............................ ................ 0.0299
Methyl Bromide........................ 105J500W............................ 0.56 0.0855
Methyl Mercaptan...................... 105J500W............................ 0.67 0.0855
Nitrosyl Chloride..................... 105J500W............................ 0.57 0.0855
Phosphorus Trichloride................ 105J500W............................ 0.57 0.0855
Sulfur Dioxide........................ 105J500W........................... 0.57 0.0855
Sulfur Trioxide, Stabilized........... 105J500W............................ 0.56 0.0855
Sulfuric Acid, Fuming................. 105J500W............................ 0.51 0.0802
Titanium Tetrachloride................ 105J500W............................ 0.56 0.0855
----------------------------------------------------------------------------------------------------------------
Exhibit 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline DOT tank (DOT min. or accepted DOT STD) DOT specification tank car used to calculate TIF
----------------------------------------------------------------------------------------------------------------------------------------------- Tank
Commodity name Head Shell Proposed DOT Head Shell improvement
Current DOT Head shields types thickness thickness specification meeting Head shields type thickness thickness factor
specification (in.) (in.) TIF (in.) (in.) (TIF)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Acetone Cyanohydrin, Stabilized..... 105S300W............... Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8951 0.8951 0.67
Acrolein............................ 105J500W............... No.................... 0.8950 0.8950 105J600W............. Full-Height........... 1.2429 1.2429 0.80
Allyl Alcohol....................... 105S300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8951 0.8951 0.67
Ammonia, Anhydrous.................. 105J300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 1.0300 0.89 0.69
Bromine............................. 105A300W.............. No................... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8125 0.8125 0.68
Chlorine............................ 105J500W.............. No................... 0.7870 0.7870 105J600W............. Full-Height.......... 1.1360 0.9810 0.69
Chloropicrin........................ 105S300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8125 0.8125 0.56
Chlorosulfonic Acid................. 105S300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8125 0.8125 0.56
Dimethyl Sulfate.................... 105S300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8179 0.8179 0.57
Dinitrogen Tetroxide................ 105J300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8179 0.81798 0.57
Ethyl Chloroformate................. 105S300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8179 0.8179 0.57
Ethylene Oxide...................... 105J300W.............. Full-Height.......... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8951 0.8951 0.67
Hexachlorocyclo-pentadiene.......... 105S300W.............. No................... 0.5625 0.5625 105J500W............. Full-Height.......... 0.8125 0.8125 0.68
Hydrogen Chloride, Refrig. Liquid... 105J600W.............. Full-Height.......... ......... ......... 105J600W.............. Full-Height........... .......... .......... ...........
Hydrogen Cyanide, Stabilized........ 105A500W.............. No.................... 0.8950 0.8950 105J600W............. Full-Height........... 1.2429 1.2429 0.80
Hydrogen Flouride, Anhydrous........ 112A340W............... No.................... 0.7040 0.7040 105J500W............. Full-Height........... 0.8951 0.8951 0.63
Hydrogen Sulfide.................... 105J600W............... No.................... ......... ......... 105J600W.............. Full-Height........... .......... .......... ...........
Methyl Bromide...................... 105J300W.............. Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8125 0.8125 0.56
Methyl Mercaptan.................... 105J300W............... Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8951 0.8951 0.67
Nitrosyl Chloride................... 105J300W.............. Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8179 0.8179 0.57
Phosphorus Trichloride.............. 105S300W.............. Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8179 0.8179 0.57
Sulfur Dioxide...................... 105J300W............... Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8179 0.8179 0.57
Sulfur Trioxide, Stabilized......... 105S300W.............. Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8125 0.8125 0.56
Sulfuric Acid, Fuming............... 105S300W............... Full-Height........... 0.5980 0.5980 105J500W............. Full-Height........... 0.8125 0.8125 0.51
Titanium Tetrachloride.............. 105S300W.............. Full-Height........... 0.5625 0.5625 105J500W............. Full-Height........... 0.8125 0.8125 0.56
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
C. Petition P-1524 Is Quoted as Follows:
The Fertilizer Institute (TFI) is the national trade association
representing fertilizer producers, importers, wholesalers and
retailers. TFI's mission is to promote and protect the fertilizer
industry. Fertilizer nutrients provide the ``food'' plants need to
grow, ensure there is an adequate supply of nutritious food and
animal feed, and a bountiful supply of fiber and biofuels to help
meet the nation's energy needs. Without fertilizer in general, and
in particular ammonia, our nation's food and energy supply would be
adversely affected and the world would be without forty percent of
today's harvest.
TFI and its anhydrous ammonia shipper members support DOT's
efforts for enhanced safety of tank cars, and the anhydrous ammonia
industry is committed to doing its part to minimize the occurrence
of accidents and to reduce the probability of a release should an
accident occur. We have been active participants in the Department
of Transportation's (DOT) efforts prior to the April 1 issuance of
the notice of proposed rulemaking for enhanced safety standards for
tank cars carrying toxic-by-inhalation materials. TFI members ship
approximately 52,000 carloads of anhydrous ammonia each year and own
or lease over 4,000 tank cars.
Since the issuance of the proposal, and after testimony given
during public hearings held in May, it has become evident that there
is much confusion and concern not only by
[[Page 42769]]
shippers of anhydrous ammonia but from car manufacturers as well.
The timeline for compliance, the lack of focus by the Volpe Center
on an ammonia concept car, and the action by the Association of
American Railroads (AAR) to put into effect CPC 1187, are examples
of the concerns raised. Our specific concerns were detailed in
comments submitted to the docket on June 2. In our comments we point
out that car builders and leasing companies have not been willing to
renew current leases due to this confusion. As a result, an
unintentional consequence of the proposal will create a serious
shortage of cars needed in the near future for anhydrous ammonia.
Unless this situation is addressed, it could result in a switch to
truck or business interruptions.
TFI has reviewed the petition for an interim standard for tank
cars used to transport toxic-by-inhalation (TIH) materials submitted
by the American Chemistry Council, American Short Line and Regional
Railroad Association, Association of American Railroads, The
Chlorine Institute and the Railway Supply Institute.
TFI supports an interim standard for tank cars and many aspects
of the petition filed by the above associations. However, since
attempts to include stipulations for an interim anhydrous ammonia
tank car could not be agreed to by some of the associations above,
TFI submits this petition for an interim tank car standard for
anhydrous ammonia to DOT for consideration.
The Current Anhydrous Ammonia Tank Car
The ammonia industry has specific reasons for requesting an
accommodation for the current 112J340W car:
Making an accommodation will also allow more time for
infrastructure upgrades to handle the eventual 286,000 pound car.
Without an appropriate phase-in schedule, there could be serious
business interruptions in the marketplace or a switch to truck
transportation.
The 112J340W cars in ammonia service are on average
only 10-12 years old. Without an extended life, there will be
reluctance for these car companies to remain in the ammonia market.
Some leasing companies have already indicated that they will not
renew leases upon expiration of the current lease agreements for the
112J340W ammonia tank cars due, in part, to uncertainties
surrounding this NPRM. This could cause a shortage of ammonia cars
available for lease and force ammonia shippers to find alternate
sources of transportation.
The tank cars involved in the Minot, N.D. accident were
105J300W non-normalized cars with half head shields welded to the
jacket, tank and head thickness of .5625, and equipped with F double
shelf couplers. The typical 112J340W car, the current ammonia car,
built since 1989 has improved TC-128B normalized steel
specifications that include in excess of .608 heads and shells that
proved themselves in the Minot derailment. In response to the Minot
derailment, ammonia shippers voluntarily modernized their fleet of
ammonia tank cars, swapping out non-normalized steel cars (pre-1989
built) for normalized steel cars (post-1989 built). Ammonia shippers
have already spent considerable effort to change out their fleet
from the pre-1989 built car to the current 112J340W. These shippers
had the understanding that this effort would be considered with the
NPRM.
Interim Standard for Tank Cars in Anhydrous Ammonia Service
TFI's petition requests that DOT consider the following for tank
cars in anhydrous ammonia service as an interim standard:
Require the retirement of all ammonia pre-1989 non-
normalized steel cars by Dec. 31, 2010;
Authorize the use of 112J340W ammonia cars built prior
to 2001 until Dec. 31, 2021;
Authorize the use of 112J340W ammonia cars built after
2001 for a life of 20 years; and
Authorize the use of an 112J400 pound car enhanced with
a thicker jacket for ammonia service beginning Jan. 1, 2009, with a
25 year service life from the date of the final ruling.
Summary
In conclusion, the TFI suggests that the following timeline
concerning the design of anhydrous ammonia cars be considered:
------------------------------------------------------------------------
Car type Date car can be built Service life
------------------------------------------------------------------------
Pre-1989............ Not in production....... Until December 31, 2010.
340................. Until Jan. 1, 2009...... Pre-2001 built: To
December 31, 2021.
Post-2001 built: 20
years from built date.
400/500............. Jan. 1, 2009 until DOT 25 years from date of
final rule. DOT final rule.
DOT................. Effective date of final Full life.
rule.
------------------------------------------------------------------------
Ammonia shippers are voluntarily removing pre-1989 non-
normalized steel cars from their fleet and this has come at
considerable expense. The current 112J340W car has a full head
shield and the ammonia industry has voluntarily implemented a five
year, rather than ten year mandated, requalification test schedule.
This overall plan is reasonable, makes sound business sense and
accomplishes the smooth transition of the ammonia car fleet. TFI and
its ammonia shipper members respectively request approval of our
request.
D. Purpose of the Notice
The purpose of this Notice is to solicit comments on the merit of
petitions for rulemaking filed by Petitioner Group and TFI. Both
petitions request PHMSA to issue interim standards for tank cars used
for the transportation of TIH hazard material by railroad tank car. The
safety implications of the proposals in the petitions will be given
careful consideration as we determine whether regulatory action is
needed.
Issued in Washington, DC on July 15, 2008 under authority
delegated in 49 CFR part 106.
Theodore L. Willke,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E8-16535 Filed 7-22-08; 8:45 am]
BILLING CODE 4910-60-P
