Operating Certain Railroad Tank Cars in Excess of 263,000 Pounds Gross Rail Load; Approval, 4250-4253 [2011-1414]
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations
(Authority: 38 U.S.C. 101(2), 1802–1803,
1811–1813, 1831)
29. Amend § 21.8012 by:
■ a. Revising the section heading.
■ b. Revising the authority citation at
the end of the section.
The revisions read as follows:
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24. Amend § 17.904 by revising the
authority citation at the end of the
section to read as follows:
■
§ 17.904
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§ 21.8012 Vocational training program for
certain children of Vietnam veterans and
veterans with covered service in Korea—
spina bifida and covered birth defects.
Review and appeal process.
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(Authority: 38 U.S.C. 101(2), 1802–1803,
1811–1813, 1831)
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■ 25. Amend § 17.905 by revising the
authority citation at the end of the
section to read as follows:
§ 17.905
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PART 21—VOCATIONAL
REHABILITATION AND EDUCATION
Subpart M—Vocational Training and
Rehabilitation for Certain Children of
Vietnam Veterans and Veterans with
Covered Service in Korea—Spina
Bifida and Covered Birth Defects
26. The authority citation for part 21,
subpart M, continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 512, 1151
note, ch. 18, 5112, and as noted in specific
sections.
27. Revise the heading of Subpart M
as set forth above.
■ 28. Amend § 21.8010:
■ a. In paragraph (a) in the definition of
‘‘Eligible child’’ by removing
‘‘3.814(c)(2)’’ and adding, in its place,
‘‘3.814(c)(3)’’.
■ b. In paragraph (a) in the definition of
‘‘Spina bifida’’ by removing
‘‘§ 3.814(c)(3)’’, and adding, in its place,
‘‘§ 3.814(c)(4)’’.
■ c. In paragraph (a), by adding in
alphabetical order, the definition of
‘‘Veteran with covered service in
Korea’’.
■ d. Revising the authority citation for
paragraph (a).
■ e. Revising the authority citation for
paragraph (b).
The addition and revisions read as
follows:
■
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Definitions and abbreviations.
(a) * * *
Veteran with covered service in Korea
means a veteran defined at § 3.814(c)(2)
of this title.
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(Authority: 38 U.S.C. 101, 1802, 1804,
1811–1812, 1814, 1821, 1831)
(b) * * *
Authority: 38 U.S.C. 1804, 1811, 1814,
1831.
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30. Amend § 21.8014 by:
■ a. In paragraph (a) introductory text,
first sentence, removing ‘‘Vietnam
veteran’’, and adding, in its place,
‘‘Vietnam veteran or veteran with
covered service in Korea’’.
■ b. In paragraph (a)(2), removing
‘‘Vietnam veteran’s’’, and adding, in its
place, ‘‘Vietnam veteran or veteran with
covered service in Korea’s’’.
■ c. Revising the authority citation for
paragraph (a).
■ d. Revising the authority citation for
paragraph (b).
The revisions read as follows:
■
(Authority: 38 U.S.C. 101(2), 1802–1803,
1811–1813, 1831
§ 21.8010
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(Authority: 38 U.S.C. 1804, 1812, 1814, 1821)
Medical records.
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§ 21.8014
Application.
(a) * * *
(Authority: 38 U.S.C. 1804(a), 1821, 1832,
5101)
(b) * * *
(Authority: 38 U.S.C. 1804, 1811, 1811 note,
1812, 1814, 1831)
31. Amend § 21.8016 by revising the
authority citation for paragraphs (a), (b),
and (d) to read as follows:
■
§ 21.8016
Nonduplication of benefits.
(a) * * *
(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834)
(b) * * *
(Authority: 38 U.S.C. 1804(e)(1), 1814, 1834)
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(d) * * *
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(Authority: 38 U.S.C. 1804, 1814, 1834)
32. Amend § 21.8022(b) by revising
the authority citation at the end of the
paragraph to read as follows:
■
§ 21.8022
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Entry and reentry.
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(b) * * *
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(Authority: 38 U.S.C. 1804, 1814, 1832)
[FR Doc. 2011–1342 Filed 1–24–11; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 179
Operating Certain Railroad Tank Cars
in Excess of 263,000 Pounds Gross
Rail Load; Approval
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice regarding FRA approval
for operating certain railroad tank cars
in excess of 263,000 pounds gross rail
load.
AGENCY:
On May 14, 2010, the Pipeline
and Hazardous Materials Safety
Administration (PHMSA) published a
final rule amending the Hazardous
Materials Regulations (HMR) to
incorporate provisions contained in
several widely used or longstanding
special permits that have an established
safety record. 75 FR 27205 (Final Rule).
The Final Rule titled, Hazardous
Materials: Incorporation of Special
Permits into Regulations, in part,
amended the HMR to allow certain rail
tank cars, transporting hazardous
materials, to exceed the gross weight on
rail limitation of 263,000 pounds upon
approval of the Federal Railroad
Administration (FRA). This document
provides notice of FRA’s approval
pursuant to the Final Rule of the
operation of certain tank cars in
hazardous materials service that exceed
263,000 pounds and weigh up to
286,000 pounds gross rail load (GRL).
FOR FURTHER INFORMATION CONTACT: Mr.
Karl Alexy (Karl.Alexy@dot.gov or (202)
493–6245) or Mr. William Schoonover
(William.Schoonover@dot.gov or (202)
493–6229), Office of Railroad Safety
Assurance and Compliance.
SUPPLEMENTARY INFORMATION: Prior to
the Final Rule, Title 49 Code of Federal
Regulations Section 179.13 of the HMR
limited rail tank cars transporting
hazardous materials to a maximum
capacity of 34,500 gallons (130,597 L)
and, with certain exceptions, a GRL of
263,000 pounds (119,295 kg).
As noted in the preamble to the Final
Rule, PHMSA has granted several
special permits allowing tank cars
subject to the 263,000 pound GRL limit
of § 179.13 to weigh up to 286,000
pounds (129,727 kg) GRL subject to
certain conditions. The Final Rule
amended § 179.13 to allow, upon
approval by FRA’s Associate
Administrator for Railroad Safety, rail
tank cars that are not transporting
materials poisonous by inhalation (PIH)
materials to exceed the 263,000 GRL
SUMMARY:
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limit and weigh up to 286,000 pounds
GRL without a special permit. Revised
§ 179.13(a) further provides that FRA
may impose conditions on these
approvals and the tank cars ‘‘must be
operated only under controlled
interchange conditions agreed to by
participating railroads.’’ In adopting this
amendment, PHMSA noted that FRA
has already established safety-based
guidelines for applications for authority
to transport rail tank cars that exceed
263,000 pounds and rationalized that
providing for FRA approval of these
tank cars will simplify and expedite the
regulatory process while at the same
time maintain safety.
This document provides notice of
FRA’s approval pursuant to revised
§ 179.13(a) for the use in hazardous
materials transportation of certain tank
cars which exceed 263,000 pounds GRL
and that may be loaded up to 286,000
pounds GRL, provided the cars are not
loaded with PIH materials. Specifically,
this document provides notice of FRA’s
approval pursuant to § 179.13(a) of (1)
existing tank cars that are approved to
operate in accordance with a PHMSA
special permit allowing a GRL over
263,000 pounds; (2) cars that have been
built, rebuilt, or otherwise modified for
operation with a maximum GRL above
263,000 pounds, but not currently
approved to operate in accordance with
a special permit allowing the increased
GRL; and (3) newly manufactured tank
cars designed to operate with a GRL
above 263,000 pounds.
Subject to the conditions specified
below, railroad tank cars meeting the
requirements in Sections II, III and IV,
below, are approved, pursuant to
§ 179.13(a), to be loaded to a GRL of up
to 286,000 pounds. No additional
approval is required.
I. Background
Since 1995, the Association of
American Railroads (AAR) has
maintained an industry standard in the
form of an interchange rule related to
freight cars (including hazardous
materials tank cars) that weigh over
263,000 pounds GRL and up to 286,000
pounds GRL. That standard, AAR
Standard S–259 (S–259)—Rail Car,
286,000-Lb Gross Weight, became
effective January 1, 1995. In accordance
with S–259, the design of a freight car’s
body must be based on a GRL of 286,000
pounds and the standard weight-related
design loads for 100-ton cars used for
fatigue-design criteria must be
multiplied by 1.09, with the exception
of longitudinal fatigue-design loads. S–
259 also established minimum
equipment requirements for brakes,
bearings, axles, wheels, draft systems,
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springs and trucks. S–259, however,
does not allow for the free interchange
among carriers of cars meeting its
requirements. In 2002, AAR adopted a
revised industry standard related to
railroad freight cars weighing over
263,000 pounds 1 GRL and weighing up
to 286,000 pounds. This revised
industry standard, AAR Standard S–286
(adopted 2002, revised 2003, 2005,
2006), Free/Unrestricted Interchange for
286,000 Lb Gross Rail Load Cars (S–
286), is applicable to rail freight cars
manufactured, rebuilt or modified on or
after January 1, 2003, and is the existing
industry standard for designing,
building, and operating rail cars at gross
weights over 263,000 pounds and up to
286,000 pounds. S–286 sets forth
industry-tested practices for designing,
building, and operating rail cars at gross
weights over 263,000 pounds and up to
286,000 pounds. S–286 provides for the
free interchange among carriers of cars
built to meet its requirements.
As noted in the preamble to the Final
Rule, FRA’s guidelines, applicable to
rail tank cars exceeding 263,000 pounds
GRL, are found in a document titled,
‘‘Maximizing Safety and Weight, A
White Paper on 263K+ Tank Cars.’’ This
document is available for review on
FRA’s Web site at https://
www.fra.dot.gov/Pages/1800.shtml. In
sum, FRA’s guidelines address the
following topics: (1) Puncture
resistance, (2) controlling longitudinal
loading, (3) structural-worthiness, (4)
track-worthiness, (5) service equipment,
(6) service reliability and maintenance
management, and (7) maximizing safety
and weight.
Although FRA’s guidelines address
more aspects of tank car design than
either of the AAR standards (including
the puncture resistance of tank car tanks
and the reliability of service equipment
on the cars), existing tank cars built to
meet the AAR standards have an
excellent safety record. To date, special
permits issued by PHMSA, related to
GRL, in excess of 263,000 pounds GRL
have required that the tank cars conform
to either S–286 or S–259. In granting
these special permits, PHMSA, with
FRA’s input, determined that in each
instance, operating the tank cars with
increased GRLs under the terms of the
special permit would provide at least an
equivalent level of safety as tank cars
built to the minimum requirements of
the HMR, but limited to a GRL of
263,000 pounds. In fact, in evaluating
several special permits related to
increased GRLs, PHMSA and FRA
found that the commodities shipped in
the tank cars were overpackaged.2
Similarly, the agencies found that the
specifications of the tank cars covered
by other special permits indicate that
the tanks were constructed of materials
with mechanical properties superior to
the minimum requirements of the HMR.
In the preamble to the Final Rule,
PHMSA identified the following special
permits as those that would be affected
by the rule’s revisions to § 179.13 and
thus subject to FRA approval as far as
the GRL limitations: DOT–SP 11241,
11654, 11803, 12423, 12561, 12613,
12768, 12858, 12903, 13856, 13936,
14004, 14038, 14442, 14505, 14520,
14570, and 14619. In addition, FRA
notes that there are five other special
permits related to tank cars with a GRL
in excess of 263,000 pounds. These
include DOT–SP 14167, 14173, 14207,
14398, and 14734.
Of the 23 special permits listed above,
seven authorize the transportation of
PIH materials in tank cars exceeding
263,000 pounds. These include special
permits 12858 (ethylene oxide), 13856
(Division 6.1 HMs), 14442 (anhydrous
ammonia), 14520 (chlorine), 14167
(chlorine), 14173 (ethylene oxide), and
14570 (titanium tetrachloride). Because
the Final Rule revised § 179.13(a) to
provide FRA approval authority for tank
cars ‘‘other than’’ those that contain PIH
materials, as the regulation is currently
written, FRA cannot provide approval to
continue these cars in PIH materials
transportation without the existing
special permits. However, as
demonstrated by the discussion in the
preamble of the Final Rule identifying
the special permits that would be
affected by the revisions to § 179.13,
FRA believes that the inconsistency in
the revised regulatory text is the result
of a technical drafting error.
Accordingly, FRA is working with
PHMSA to develop and publish a
correction to the Final Rule that would
provide FRA authority to approve the
loading of tank cars up to 286,000
pounds GRL when transporting any
regulated hazardous material, including
PIH materials.
All but three of the 16 special permits
identified above that do not involve the
transportation of PIH materials
authorize the manufacturing, sale, and/
or use of particular DOT-specification
tank cars with a GRL of 286,000 pounds
1 This AAR standard actually references tank cars
with a ‘‘GRL greater than 268,000 lbs,’’ but FRA
understands that the reference to ‘‘268,000 lbs’’ is
a typographical error and the intent of the standard
is to address tank cars with a GRL greater than
263,000 lbs.
2 ‘‘Overpackaged’’ means the specification of the
tank car was above the minimum requirements of
the HMR. For example, a commodity that is allowed
to be transported in a general purpose tank car is
transported in a pressure car with a thicker tank
shell.
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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Rules and Regulations
for the transportation of particular
hazardous materials identified in the
permits. Special permits 11654 and
14619 authorize the transportation of
certain Class 3 hazardous materials in
DOT 105S tank cars with a maximum
GRL of up to 270,000 pounds, while
special permit 14207 authorizes the
transportation of sodium hydroxide
solution, a Class 8 hazardous material,
in certain identified DOT 111A100W
tank cars with a maximum GRL of up
to 268,000 pounds.
The regulations from which grantees
have been exempted in these special
permits related to GRL include: § 173.26
(quantity limitations); and the GRL limit
of 263,000 pounds in § 179.13. In five of
these special permits (11241, 11654,
11803, 12613, and 14619), the grantees
have been exempted from regulations
not related to the GRL of the car, and
these special permits must be
maintained relative to these additional
exemptions (i.e., special permits must
be maintained for relief from regulations
other than from §§ 173.26 and 179.13).
Although FRA believes that tank cars,
which have already been demonstrated
to provide an equivalent level of safety
to those specified by the HMR and
existing tank cars built or retrofitted to
similar standards, should be allowed to
continue in HM transportation service,
with the promulgation of a final rule
designed to improve the
crashworthiness and structural integrity
of tank cars that transport highly
hazardous materials such as PIH
materials (HM–246; 74 FR 1770 (Jan. 13,
2009) (the ‘‘Tank Car Rule’’)), FRA notes
that there is a widening performance
gap in crashworthiness between the
most robust tank cars designed to
transport certain hazardous materials
and general purpose tank cars designed
to transport other hazardous materials.
Accordingly, subject to certain
conditions, FRA is providing its
approval under § 179.13(a) to continue
in service certain existing tank cars at
GRLs in excess of 263,000 pounds and
up to 286,000 pounds. At the same time,
FRA is providing its approval for certain
newly manufactured railroad tank cars
to be loaded at an increased GRL of up
to 286,000 pounds, provided certain
additional conditions are met (e.g.,
conditions related to the puncture
resistance and reliability of the service
equipment on the cars). Approval of
newly constructed railroad tank cars
meeting these additional requirements
will, over time, narrow the performance
gap between the most robust tank cars
in hazardous materials service and other
tank cars in hazardous materials service
while research continues to develop and
implement a crashworthiness
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performance standard as discussed in
the Tank Car Rule. See 74 FR at 1771.
II. FRA Approval of Existing Railroad
Tank Cars Approved To Operate in
Accordance With a PHMSA Special
Permit Providing for a GRL Over
263,000 Pounds
Pursuant to § 179.13(a), the terms of
existing special permits 11241, 11654,
11803, 12423, 12561, 12613, 12768,
12903, 13856, 13936, 14004, 14038,
14207, 14398, 14505, and 14734, related
to railroad tank cars transporting
hazardous materials other than PIH
materials and currently approved to
operate in accordance with a special
permit providing for a GRL in excess of
263,000 pounds, are approved, subject
to the following conditions:
1. Tank cars constructed, rebuilt, or
otherwise modified to meet the
requirements of S–259 shall be operated
only in controlled interchange in
accordance with that standard.
2. Tank cars constructed, rebuilt, or
otherwise modified to meet the
requirements of S–286 shall be
permitted to operate in unrestricted
interchange in accordance with that
standard.
3. Tank car owners are responsible for
determining which standard their tank
cars meet. Tank car owners shall
maintain records demonstrating
compliance with that standard and
make those records available to FRA
upon request. Tank car owners shall
also ensure that cars subject to this
approval are appropriately marked in
accordance with the HMR (i.e., marked
with the relevant tare weight) and that
the records of the cars in AAR’s
Universal Machine Language Equipment
Register (UMLER) clearly indicate the
standard applicable to each car.
4. In accordance with S–286, if a tank
car constructed in accordance with S–
259 is rebuilt or otherwise modified to
meet the requirements of S–286, that car
shall be permitted to operate in
unrestricted interchange. Tank car
owners shall maintain records of the
engineering analysis and upgrades
performed that demonstrate compliance
with S–286, and the tank car owner
must file an R–1 with the AAR prior to
the tank car being operated in
unrestricted interchange. (See Appendix
R of AAR’s Manual of Standards and
Recommended Practices, Section C–III,
Specifications for Tank Cars
(Specification M–1002)).
5. The GRL limit for tank cars subject
to special permits 11654 and 14619
shall remain 270,000 pounds, and the
GRL limit for tank cars subject to special
permit 14207 shall remain 268,000
pounds; unless the cars are modified
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and a subsequent request for approval is
made to FRA.
The ‘‘terms’’ of the special permits
referred to in this approval are the
‘‘packaging’’ safety control measures
specified in paragraph 7 of each special
permit. For example, special permit
11241 authorizes the operation of DOTspecification 105J300W tank cars that
meet certain technical specifications
outlined in paragraph 7 of the permit
and have a maximum GRL of up to
286,000 pounds. Consistent with the
terms of that special permit, FRA’s
approval, per § 179.13(a), is limited to
the identified DOT-specification cars
meeting the technical specifications
outlined in the permit. FRA’s approval,
however, is not limited to the specific
commodities identified in the permit;
instead, FRA’s approval extends to the
use of the identified tank cars with a
GRL of up to 286,000 pounds for the
transportation of any regulated
hazardous material that would
otherwise be permitted to be transported
in that type of specification car. Copies
of the relevant special permits will be
maintained by the Hazardous Materials
Division of FRA’s Office of Safety
Assurance and Compliance. Copies of
the special permits may be obtained by
contacting the individuals listed in the
‘‘For Further Information Contact’’
section above.
Each of the special permits listed
above require the special permit (or SP)
number be stenciled on the sides of tank
cars operating under its terms. For tank
cars operating under a special permit
related only to GRL and subject to this
approval, that stencil must be removed
or obliterated at the car’s first shopping
event after the date of this approval, or
no later than January 25, 2012,
whichever occurs first.
III. FRA Approval of Existing Railroad
Tank Cars Built to S–286 or Rebuilt, or
Otherwise Modified for Operation With
a Maximum GRL Above 263,000
Pounds, but Not Currently Authorized
To Operate at a GRL Above 263,000
Pounds
Existing tank cars built, rebuilt, or
otherwise modified to meet the
requirements of either S–259 or S–286
may be loaded to a GRL of up to 286,000
pounds subject to the following
conditions:
1. Tank cars constructed, rebuilt, or
otherwise modified to meet the
requirements of S–259 shall be operated
only in controlled interchange in
accordance with that standard.
2. Tank cars constructed, rebuilt, or
otherwise modified to meet the
requirements of S–286 shall be
permitted to operate in unrestricted
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interchange in accordance with that
standard.
3. Tank cars shall meet the following
design specifications or be retrofitted as
follows:
a. Jacketed and non-jacketed tank cars
constructed with ASTM 516–70 steel
and having only the minimum plate
thickness required by §§ 179.101–1 and
179.201–1 (no additional thickness
allowance) must be retrofitted with a 7gauge steel jacket (constructed of A–572
steel).
b. Jacketed and non-jacketed tank cars
constructed with ASTM B209 (Alloy
5052 and 5652) aluminum and having
only the minimum plate thickness
required by §§ 179.101–1 and 179.201–
1 (no additional thickness allowance)
must be retrofitted with a 7-gauge steel
jacket (constructed of A–572 steel).
c. Jacketed and non-jacketed
111A100W tank cars constructed with
TC–128 steel or an aluminum alloy,
listed in § 179.200–7 (other than Alloy
5052 or 5652 listed in b above) and
having at least the minimum plate
thickness required by §§ 179.101–1 and
179.201–1, do not require retrofitting.
4. Tank car owners are responsible for
determining which standard their tank
cars meet and whether their cars meet
the requirements of Condition 3 above.
Tank car owners shall maintain records
demonstrating compliance with the
relevant AAR standard and the
requirements of Condition 3. Tank car
owners shall make those records
available to FRA upon request. Tank car
owners shall also ensure that cars
subject to this approval are
appropriately marked in accordance
with the HMR (i.e., marked with the
relevant tare weight) and that the
records of the cars in AAR’s UMLER
clearly indicate the standard applicable
to each car.
5. In accordance with S–286, if a tank
car constructed in accordance with S–
259 is rebuilt or otherwise modified to
meet the requirements of S–286, that car
shall be permitted to operate in
unrestricted interchange. Tank car
owners shall maintain records of the
engineering analysis and upgrades
performed that demonstrate compliance
with S–286 and the tank car owner must
file an R–1 with the AAR prior to the
tank car being operated in unrestricted
interchange. (See Appendix R of AAR’s
Manual of Standards and Recommended
Practices, Section C–III, Specifications
for Tank Cars (Specification M–1002)).
IV. FRA Approval of Maximum GRL of
286,000 Pounds for Newly
Manufactured Railroad Tank Cars
Tank cars manufactured after January
25, 2011 may be loaded to a maximum
GRL of 286,000 pounds provided the
tank cars meet the following criteria:
1. Tank cars must be constructed in
accordance with S–286.
2. Puncture resistance:
a. Tank car tanks must be constructed
of TC–128 steel (normalized).
b. A jacketed tank car must be
equipped with an 11-gauge jacket
constructed of A–572 steel and the shell
and head of the tank must meet the
minimum plate thickness required by
§§ 179.101–1 and 179.201–1. Alternate
thicknesses, based on material
7/16
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11/16
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105A200W ................................................................................................................
105A300W ................................................................................................................
112A340W ................................................................................................................
111A60ALW1 ...........................................................................................................
5/8
Through an iterative process, the
thickness of a tank car with similar
characteristics, with the exception of a
GRL of 286,000 pounds, was increased
until the puncture velocity was the
same as that for the 263,000 GRL tank
car. In a similar manner, the equivalent
single-layer thickness was determined
for tank cars not equipped with a jacket.
The same analysis was not performed
on the head because § 2.5 of AAR’s
Specification M–1002, requires the tank
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cars to be equipped with c’’ thick head
shields.
Failure of a tank car owner to comply
with any condition of the above
approvals will deprive the owner of the
benefit of the approval and, in any such
instances, FRA reserves the right to take
appropriate enforcement action, which
may result in FRA revoking such
approval. If a party desires to
manufacture or use a tank car not
meeting the above criteria, FRA will
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properties indicated in the notes of
§ 179.101–1, are not approved.
c. For a non-jacketed tank car, the
shell and head of the tank must meet the
minimum plate thickness of that
required by §§ 179.101–1 and 179.201–
1. Alternate thicknesses, based on
material properties indicated in the
notes of § 179.101–1, are not approved.
3. Service Equipment:
a. Top fittings protection must meet
the requirements of § 10.2 of Appendix
E to Specification M–1002 for general
purpose tank cars.
b. A tank car must be equipped with
a reclosing pressure relief device.
The minimum plate thicknesses
specified in paragraph 2 above were
determined in the following manner.
Using finite elements analysis of side
impact simulations, a relationship
between the puncture velocity and shell
thickness was derived. Factors affecting
puncture velocity were incorporated
into the analysis, including gross
weight, ultimate tensile strength of the
shell material, tank and jacket thickness,
tank diameter, and internal pressure and
indenter size (which for this
comparative analysis was assumed to be
12’’ x 12’’). The puncture velocities of
representative baseline tank cars were
calculated. The baseline tank cars were
grouped according to the specified
thickness requirements of the HMR.
Additionally, the diameter of each
grouping was based on a survey of tank
car specifications. The specification
grouping, respective diameters,
thicknesses, materials of construction,
and working pressures were as follows:
Minimum plate
thickness
(in)
Tank car specification
Frm 00053
Fmt 4700
Sfmt 9990
4253
Material of
construction
Diameter
(in)
A516–70
A516–70
A516–70
A516–70
ASTM B209
(Alloy 5052)
ASTM B209
(Alloy 5052)
Working
pressure
(psig)
94
100
117
117
9
50
100
100
100
50
94
50
consider such alternative designs upon
application in accordance with § 179.13.
Issued in Washington, DC on January 19,
2011.
Jo Strang,
Associate Administrator for Railroad Safety/
Chief Safety Officer.
[FR Doc. 2011–1414 Filed 1–24–11; 8:45 am]
BILLING CODE 4910–06–P
E:\FR\FM\25JAR1.SGM
25JAR1
]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Rules and Regulations]
[Pages 4250-4253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1414]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 179
Operating Certain Railroad Tank Cars in Excess of 263,000 Pounds
Gross Rail Load; Approval
AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice regarding FRA approval for operating certain railroad
tank cars in excess of 263,000 pounds gross rail load.
-----------------------------------------------------------------------
SUMMARY: On May 14, 2010, the Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a final rule amending the Hazardous
Materials Regulations (HMR) to incorporate provisions contained in
several widely used or longstanding special permits that have an
established safety record. 75 FR 27205 (Final Rule). The Final Rule
titled, Hazardous Materials: Incorporation of Special Permits into
Regulations, in part, amended the HMR to allow certain rail tank cars,
transporting hazardous materials, to exceed the gross weight on rail
limitation of 263,000 pounds upon approval of the Federal Railroad
Administration (FRA). This document provides notice of FRA's approval
pursuant to the Final Rule of the operation of certain tank cars in
hazardous materials service that exceed 263,000 pounds and weigh up to
286,000 pounds gross rail load (GRL).
FOR FURTHER INFORMATION CONTACT: Mr. Karl Alexy (Karl.Alexy@dot.gov or
(202) 493-6245) or Mr. William Schoonover (William.Schoonover@dot.gov
or (202) 493-6229), Office of Railroad Safety Assurance and Compliance.
SUPPLEMENTARY INFORMATION: Prior to the Final Rule, Title 49 Code of
Federal Regulations Section 179.13 of the HMR limited rail tank cars
transporting hazardous materials to a maximum capacity of 34,500
gallons (130,597 L) and, with certain exceptions, a GRL of 263,000
pounds (119,295 kg).
As noted in the preamble to the Final Rule, PHMSA has granted
several special permits allowing tank cars subject to the 263,000 pound
GRL limit of Sec. 179.13 to weigh up to 286,000 pounds (129,727 kg)
GRL subject to certain conditions. The Final Rule amended Sec. 179.13
to allow, upon approval by FRA's Associate Administrator for Railroad
Safety, rail tank cars that are not transporting materials poisonous by
inhalation (PIH) materials to exceed the 263,000 GRL
[[Page 4251]]
limit and weigh up to 286,000 pounds GRL without a special permit.
Revised Sec. 179.13(a) further provides that FRA may impose conditions
on these approvals and the tank cars ``must be operated only under
controlled interchange conditions agreed to by participating
railroads.'' In adopting this amendment, PHMSA noted that FRA has
already established safety-based guidelines for applications for
authority to transport rail tank cars that exceed 263,000 pounds and
rationalized that providing for FRA approval of these tank cars will
simplify and expedite the regulatory process while at the same time
maintain safety.
This document provides notice of FRA's approval pursuant to revised
Sec. 179.13(a) for the use in hazardous materials transportation of
certain tank cars which exceed 263,000 pounds GRL and that may be
loaded up to 286,000 pounds GRL, provided the cars are not loaded with
PIH materials. Specifically, this document provides notice of FRA's
approval pursuant to Sec. 179.13(a) of (1) existing tank cars that are
approved to operate in accordance with a PHMSA special permit allowing
a GRL over 263,000 pounds; (2) cars that have been built, rebuilt, or
otherwise modified for operation with a maximum GRL above 263,000
pounds, but not currently approved to operate in accordance with a
special permit allowing the increased GRL; and (3) newly manufactured
tank cars designed to operate with a GRL above 263,000 pounds.
Subject to the conditions specified below, railroad tank cars
meeting the requirements in Sections II, III and IV, below, are
approved, pursuant to Sec. 179.13(a), to be loaded to a GRL of up to
286,000 pounds. No additional approval is required.
I. Background
Since 1995, the Association of American Railroads (AAR) has
maintained an industry standard in the form of an interchange rule
related to freight cars (including hazardous materials tank cars) that
weigh over 263,000 pounds GRL and up to 286,000 pounds GRL. That
standard, AAR Standard S-259 (S-259)--Rail Car, 286,000-Lb Gross
Weight, became effective January 1, 1995. In accordance with S-259, the
design of a freight car's body must be based on a GRL of 286,000 pounds
and the standard weight-related design loads for 100-ton cars used for
fatigue-design criteria must be multiplied by 1.09, with the exception
of longitudinal fatigue-design loads. S-259 also established minimum
equipment requirements for brakes, bearings, axles, wheels, draft
systems, springs and trucks. S-259, however, does not allow for the
free interchange among carriers of cars meeting its requirements. In
2002, AAR adopted a revised industry standard related to railroad
freight cars weighing over 263,000 pounds \1\ GRL and weighing up to
286,000 pounds. This revised industry standard, AAR Standard S-286
(adopted 2002, revised 2003, 2005, 2006), Free/Unrestricted Interchange
for 286,000 Lb Gross Rail Load Cars (S-286), is applicable to rail
freight cars manufactured, rebuilt or modified on or after January 1,
2003, and is the existing industry standard for designing, building,
and operating rail cars at gross weights over 263,000 pounds and up to
286,000 pounds. S-286 sets forth industry-tested practices for
designing, building, and operating rail cars at gross weights over
263,000 pounds and up to 286,000 pounds. S-286 provides for the free
interchange among carriers of cars built to meet its requirements.
---------------------------------------------------------------------------
\1\ This AAR standard actually references tank cars with a ``GRL
greater than 268,000 lbs,'' but FRA understands that the reference
to ``268,000 lbs'' is a typographical error and the intent of the
standard is to address tank cars with a GRL greater than 263,000
lbs.
---------------------------------------------------------------------------
As noted in the preamble to the Final Rule, FRA's guidelines,
applicable to rail tank cars exceeding 263,000 pounds GRL, are found in
a document titled, ``Maximizing Safety and Weight, A White Paper on
263K+ Tank Cars.'' This document is available for review on FRA's Web
site at https://www.fra.dot.gov/Pages/1800.shtml. In sum, FRA's
guidelines address the following topics: (1) Puncture resistance, (2)
controlling longitudinal loading, (3) structural-worthiness, (4) track-
worthiness, (5) service equipment, (6) service reliability and
maintenance management, and (7) maximizing safety and weight.
Although FRA's guidelines address more aspects of tank car design
than either of the AAR standards (including the puncture resistance of
tank car tanks and the reliability of service equipment on the cars),
existing tank cars built to meet the AAR standards have an excellent
safety record. To date, special permits issued by PHMSA, related to
GRL, in excess of 263,000 pounds GRL have required that the tank cars
conform to either S-286 or S-259. In granting these special permits,
PHMSA, with FRA's input, determined that in each instance, operating
the tank cars with increased GRLs under the terms of the special permit
would provide at least an equivalent level of safety as tank cars built
to the minimum requirements of the HMR, but limited to a GRL of 263,000
pounds. In fact, in evaluating several special permits related to
increased GRLs, PHMSA and FRA found that the commodities shipped in the
tank cars were overpackaged.\2\ Similarly, the agencies found that the
specifications of the tank cars covered by other special permits
indicate that the tanks were constructed of materials with mechanical
properties superior to the minimum requirements of the HMR.
---------------------------------------------------------------------------
\2\ ``Overpackaged'' means the specification of the tank car was
above the minimum requirements of the HMR. For example, a commodity
that is allowed to be transported in a general purpose tank car is
transported in a pressure car with a thicker tank shell.
---------------------------------------------------------------------------
In the preamble to the Final Rule, PHMSA identified the following
special permits as those that would be affected by the rule's revisions
to Sec. 179.13 and thus subject to FRA approval as far as the GRL
limitations: DOT-SP 11241, 11654, 11803, 12423, 12561, 12613, 12768,
12858, 12903, 13856, 13936, 14004, 14038, 14442, 14505, 14520, 14570,
and 14619. In addition, FRA notes that there are five other special
permits related to tank cars with a GRL in excess of 263,000 pounds.
These include DOT-SP 14167, 14173, 14207, 14398, and 14734.
Of the 23 special permits listed above, seven authorize the
transportation of PIH materials in tank cars exceeding 263,000 pounds.
These include special permits 12858 (ethylene oxide), 13856 (Division
6.1 HMs), 14442 (anhydrous ammonia), 14520 (chlorine), 14167
(chlorine), 14173 (ethylene oxide), and 14570 (titanium tetrachloride).
Because the Final Rule revised Sec. 179.13(a) to provide FRA approval
authority for tank cars ``other than'' those that contain PIH
materials, as the regulation is currently written, FRA cannot provide
approval to continue these cars in PIH materials transportation without
the existing special permits. However, as demonstrated by the
discussion in the preamble of the Final Rule identifying the special
permits that would be affected by the revisions to Sec. 179.13, FRA
believes that the inconsistency in the revised regulatory text is the
result of a technical drafting error. Accordingly, FRA is working with
PHMSA to develop and publish a correction to the Final Rule that would
provide FRA authority to approve the loading of tank cars up to 286,000
pounds GRL when transporting any regulated hazardous material,
including PIH materials.
All but three of the 16 special permits identified above that do
not involve the transportation of PIH materials authorize the
manufacturing, sale, and/or use of particular DOT-specification tank
cars with a GRL of 286,000 pounds
[[Page 4252]]
for the transportation of particular hazardous materials identified in
the permits. Special permits 11654 and 14619 authorize the
transportation of certain Class 3 hazardous materials in DOT 105S tank
cars with a maximum GRL of up to 270,000 pounds, while special permit
14207 authorizes the transportation of sodium hydroxide solution, a
Class 8 hazardous material, in certain identified DOT 111A100W tank
cars with a maximum GRL of up to 268,000 pounds.
The regulations from which grantees have been exempted in these
special permits related to GRL include: Sec. 173.26 (quantity
limitations); and the GRL limit of 263,000 pounds in Sec. 179.13. In
five of these special permits (11241, 11654, 11803, 12613, and 14619),
the grantees have been exempted from regulations not related to the GRL
of the car, and these special permits must be maintained relative to
these additional exemptions (i.e., special permits must be maintained
for relief from regulations other than from Sec. Sec. 173.26 and
179.13).
Although FRA believes that tank cars, which have already been
demonstrated to provide an equivalent level of safety to those
specified by the HMR and existing tank cars built or retrofitted to
similar standards, should be allowed to continue in HM transportation
service, with the promulgation of a final rule designed to improve the
crashworthiness and structural integrity of tank cars that transport
highly hazardous materials such as PIH materials (HM-246; 74 FR 1770
(Jan. 13, 2009) (the ``Tank Car Rule'')), FRA notes that there is a
widening performance gap in crashworthiness between the most robust
tank cars designed to transport certain hazardous materials and general
purpose tank cars designed to transport other hazardous materials.
Accordingly, subject to certain conditions, FRA is providing its
approval under Sec. 179.13(a) to continue in service certain existing
tank cars at GRLs in excess of 263,000 pounds and up to 286,000 pounds.
At the same time, FRA is providing its approval for certain newly
manufactured railroad tank cars to be loaded at an increased GRL of up
to 286,000 pounds, provided certain additional conditions are met
(e.g., conditions related to the puncture resistance and reliability of
the service equipment on the cars). Approval of newly constructed
railroad tank cars meeting these additional requirements will, over
time, narrow the performance gap between the most robust tank cars in
hazardous materials service and other tank cars in hazardous materials
service while research continues to develop and implement a
crashworthiness performance standard as discussed in the Tank Car Rule.
See 74 FR at 1771.
II. FRA Approval of Existing Railroad Tank Cars Approved To Operate in
Accordance With a PHMSA Special Permit Providing for a GRL Over 263,000
Pounds
Pursuant to Sec. 179.13(a), the terms of existing special permits
11241, 11654, 11803, 12423, 12561, 12613, 12768, 12903, 13856, 13936,
14004, 14038, 14207, 14398, 14505, and 14734, related to railroad tank
cars transporting hazardous materials other than PIH materials and
currently approved to operate in accordance with a special permit
providing for a GRL in excess of 263,000 pounds, are approved, subject
to the following conditions:
1. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-259 shall be operated only in controlled
interchange in accordance with that standard.
2. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-286 shall be permitted to operate in unrestricted
interchange in accordance with that standard.
3. Tank car owners are responsible for determining which standard
their tank cars meet. Tank car owners shall maintain records
demonstrating compliance with that standard and make those records
available to FRA upon request. Tank car owners shall also ensure that
cars subject to this approval are appropriately marked in accordance
with the HMR (i.e., marked with the relevant tare weight) and that the
records of the cars in AAR's Universal Machine Language Equipment
Register (UMLER) clearly indicate the standard applicable to each car.
4. In accordance with S-286, if a tank car constructed in
accordance with S-259 is rebuilt or otherwise modified to meet the
requirements of S-286, that car shall be permitted to operate in
unrestricted interchange. Tank car owners shall maintain records of the
engineering analysis and upgrades performed that demonstrate compliance
with S-286, and the tank car owner must file an R-1 with the AAR prior
to the tank car being operated in unrestricted interchange. (See
Appendix R of AAR's Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars (Specification M-1002)).
5. The GRL limit for tank cars subject to special permits 11654 and
14619 shall remain 270,000 pounds, and the GRL limit for tank cars
subject to special permit 14207 shall remain 268,000 pounds; unless the
cars are modified and a subsequent request for approval is made to FRA.
The ``terms'' of the special permits referred to in this approval
are the ``packaging'' safety control measures specified in paragraph 7
of each special permit. For example, special permit 11241 authorizes
the operation of DOT-specification 105J300W tank cars that meet certain
technical specifications outlined in paragraph 7 of the permit and have
a maximum GRL of up to 286,000 pounds. Consistent with the terms of
that special permit, FRA's approval, per Sec. 179.13(a), is limited to
the identified DOT-specification cars meeting the technical
specifications outlined in the permit. FRA's approval, however, is not
limited to the specific commodities identified in the permit; instead,
FRA's approval extends to the use of the identified tank cars with a
GRL of up to 286,000 pounds for the transportation of any regulated
hazardous material that would otherwise be permitted to be transported
in that type of specification car. Copies of the relevant special
permits will be maintained by the Hazardous Materials Division of FRA's
Office of Safety Assurance and Compliance. Copies of the special
permits may be obtained by contacting the individuals listed in the
``For Further Information Contact'' section above.
Each of the special permits listed above require the special permit
(or SP) number be stenciled on the sides of tank cars operating under
its terms. For tank cars operating under a special permit related only
to GRL and subject to this approval, that stencil must be removed or
obliterated at the car's first shopping event after the date of this
approval, or no later than January 25, 2012, whichever occurs first.
III. FRA Approval of Existing Railroad Tank Cars Built to S-286 or
Rebuilt, or Otherwise Modified for Operation With a Maximum GRL Above
263,000 Pounds, but Not Currently Authorized To Operate at a GRL Above
263,000 Pounds
Existing tank cars built, rebuilt, or otherwise modified to meet
the requirements of either S-259 or S-286 may be loaded to a GRL of up
to 286,000 pounds subject to the following conditions:
1. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-259 shall be operated only in controlled
interchange in accordance with that standard.
2. Tank cars constructed, rebuilt, or otherwise modified to meet
the requirements of S-286 shall be permitted to operate in unrestricted
[[Page 4253]]
interchange in accordance with that standard.
3. Tank cars shall meet the following design specifications or be
retrofitted as follows:
a. Jacketed and non-jacketed tank cars constructed with ASTM 516-70
steel and having only the minimum plate thickness required by
Sec. Sec. 179.101-1 and 179.201-1 (no additional thickness allowance)
must be retrofitted with a 7-gauge steel jacket (constructed of A-572
steel).
b. Jacketed and non-jacketed tank cars constructed with ASTM B209
(Alloy 5052 and 5652) aluminum and having only the minimum plate
thickness required by Sec. Sec. 179.101-1 and 179.201-1 (no additional
thickness allowance) must be retrofitted with a 7-gauge steel jacket
(constructed of A-572 steel).
c. Jacketed and non-jacketed 111A100W tank cars constructed with
TC-128 steel or an aluminum alloy, listed in Sec. 179.200-7 (other
than Alloy 5052 or 5652 listed in b above) and having at least the
minimum plate thickness required by Sec. Sec. 179.101-1 and 179.201-1,
do not require retrofitting.
4. Tank car owners are responsible for determining which standard
their tank cars meet and whether their cars meet the requirements of
Condition 3 above. Tank car owners shall maintain records demonstrating
compliance with the relevant AAR standard and the requirements of
Condition 3. Tank car owners shall make those records available to FRA
upon request. Tank car owners shall also ensure that cars subject to
this approval are appropriately marked in accordance with the HMR
(i.e., marked with the relevant tare weight) and that the records of
the cars in AAR's UMLER clearly indicate the standard applicable to
each car.
5. In accordance with S-286, if a tank car constructed in
accordance with S-259 is rebuilt or otherwise modified to meet the
requirements of S-286, that car shall be permitted to operate in
unrestricted interchange. Tank car owners shall maintain records of the
engineering analysis and upgrades performed that demonstrate compliance
with S-286 and the tank car owner must file an R-1 with the AAR prior
to the tank car being operated in unrestricted interchange. (See
Appendix R of AAR's Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars (Specification M-1002)).
IV. FRA Approval of Maximum GRL of 286,000 Pounds for Newly
Manufactured Railroad Tank Cars
Tank cars manufactured after January 25, 2011 may be loaded to a
maximum GRL of 286,000 pounds provided the tank cars meet the following
criteria:
1. Tank cars must be constructed in accordance with S-286.
2. Puncture resistance:
a. Tank car tanks must be constructed of TC-128 steel (normalized).
b. A jacketed tank car must be equipped with an 11-gauge jacket
constructed of A-572 steel and the shell and head of the tank must meet
the minimum plate thickness required by Sec. Sec. 179.101-1 and
179.201-1. Alternate thicknesses, based on material properties
indicated in the notes of Sec. 179.101-1, are not approved.
c. For a non-jacketed tank car, the shell and head of the tank must
meet the minimum plate thickness of that required by Sec. Sec.
179.101-1 and 179.201-1. Alternate thicknesses, based on material
properties indicated in the notes of Sec. 179.101-1, are not approved.
3. Service Equipment:
a. Top fittings protection must meet the requirements of Sec. 10.2
of Appendix E to Specification M-1002 for general purpose tank cars.
b. A tank car must be equipped with a reclosing pressure relief
device.
The minimum plate thicknesses specified in paragraph 2 above were
determined in the following manner. Using finite elements analysis of
side impact simulations, a relationship between the puncture velocity
and shell thickness was derived. Factors affecting puncture velocity
were incorporated into the analysis, including gross weight, ultimate
tensile strength of the shell material, tank and jacket thickness, tank
diameter, and internal pressure and indenter size (which for this
comparative analysis was assumed to be 12'' x 12''). The puncture
velocities of representative baseline tank cars were calculated. The
baseline tank cars were grouped according to the specified thickness
requirements of the HMR. Additionally, the diameter of each grouping
was based on a survey of tank car specifications. The specification
grouping, respective diameters, thicknesses, materials of construction,
and working pressures were as follows:
----------------------------------------------------------------------------------------------------------------
Working
Tank car specification Minimum plate thickness Material of Diameter pressure
(in) construction (in) (psig)
----------------------------------------------------------------------------------------------------------------
111A100W1.......................... 7/16 A516-70 94 50
105A200W........................... 9/16 A516-70 100 100
105A300W........................... 11/16 A516-70 117 100
112A340W........................... 11/16 A516-70 117 100
111A60ALW1......................... 1/2 ASTM B209 9 50
(Alloy 5052)
111A100ALW1........................ 5/8 ASTM B209 94 50
(Alloy 5052)
----------------------------------------------------------------------------------------------------------------
Through an iterative process, the thickness of a tank car with
similar characteristics, with the exception of a GRL of 286,000 pounds,
was increased until the puncture velocity was the same as that for the
263,000 GRL tank car. In a similar manner, the equivalent single-layer
thickness was determined for tank cars not equipped with a jacket. The
same analysis was not performed on the head because Sec. 2.5 of AAR's
Specification M-1002, requires the tank cars to be equipped with
[frac12]'' thick head shields.
Failure of a tank car owner to comply with any condition of the
above approvals will deprive the owner of the benefit of the approval
and, in any such instances, FRA reserves the right to take appropriate
enforcement action, which may result in FRA revoking such approval. If
a party desires to manufacture or use a tank car not meeting the above
criteria, FRA will consider such alternative designs upon application
in accordance with Sec. 179.13.
Issued in Washington, DC on January 19, 2011.
Jo Strang,
Associate Administrator for Railroad Safety/Chief Safety Officer.
[FR Doc. 2011-1414 Filed 1-24-11; 8:45 am]
BILLING CODE 4910-06-P
