Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids, 22778-22779 [2015-09437]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 22778 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by June 8, 2015 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. 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 comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. See also https:// www.regulations.gov/#!privacyNotice for the privacy notice of regulations.gov. VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 Issued in Washington, DC, on April 14, 2015. Ron Hynes, Director, Office of Technical Oversight. [FR Doc. 2015–09545 Filed 4–22–15; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Safety Advisory 2015–02] Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA–2015–0118, Notice No. 15–11] Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of safety advisory. AGENCY: FRA and PHMSA are issuing this notice to remind railroads operating a ‘‘high hazard flammable train’’ (HHFT)—defined as a train comprised of 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block, or a train with 35 or more loaded tank cars of a Class 3 flammable liquid across the entire train—as well as the offerors of Class 3 flammable liquids transported on such trains, that certain information may be required by PHMSA and/or FRA personnel during the course of an investigation immediately following an accident. FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493–6245, or via email: karl.alexy@dot.gov; and Richard Raksnis, Director Field Services, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone (202) 366–4455 or, via-email: Richard.raksnis@dot.gov. SUPPLEMENTARY INFORMATION: Due to recent derailments involving HHFTs, FRA and PHMSA have conducted several post-accident investigations and wish to ensure that stakeholders are fully aware of each agency’s investigative authority and cooperate with agency personnel conducting such SUMMARY: PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 investigations, where time is of the essence in gathering evidence. Therefore, PHMSA and FRA are issuing this Safety Advisory notice to remind railroads operating HHFTs, and offerors of Class 3 flammable liquids being transported aboard those trains, of their obligation to provide PHMSA and FRA, as expeditiously as possible, with information agency personnel need to conduct investigations immediately following an accident or incident. Federal law authorizes the Secretary of Transportation (Secretary) to investigate rail accidents. Among other things, related to railroad safety generally, the Department can subpoena witness testimony, inspect track, cars, and other equipment, and require (including by subpoena) the production of records and other evidence. 49 U.S.C. 20107, 20902 1 FRA’s regulations set forth its general accident investigation procedures at 49 CFR 225.31. Federal law also authorizes the Secretary to investigate accidents involving hazardous materials, 49 U.S.C. 5121, and in so doing require (including by subpoena) the production of records, inspect packages, and gather other evidence. Where Federal law requires the maintenance of records related to hazardous materials transportation, Section 5121 obligates those responsible for maintaining such records to provide them to DOT personnel during the course of such investigations. PHMSA has promulgated rules at 49 CFR part 109 establishing investigative procedures for that agency under this authority.2 The Secretary has also delegated FRA the authority to investigate rail accidents and incidents involving the transportation of hazardous material for compliance with the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) and its implementing regulations. See 49 CFR 1.89(j). Stakeholder cooperation with a PHMSA or FRA investigation following an accident is critically important to transportation safety. Thus, PHMSA and FRA issue this joint Safety Advisory to remind stakeholders of their obligations to maintain and make available records concerning hazardous materials transportation in accordance with law and DOT regulations, and to explain that the following information is likely to prove important to PHMSA and FRA personnel during the course of an investigation—and thus should be 1 The FRA Administrator may exercise this investigative authority pursuant to a delegation from the Secretary. 49 CFR 1.88(c), 1.89(a). 2 The PHMSA Administrator may exercise this investigative authority pursuant to a delegation of the Secretary. 49 CFR 1.96 and 1.97. E:\FR\FM\23APN1.SGM 23APN1 22779 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices provided as expeditiously as possible, upon request: • Information on the train consist, including the train number, locomotive(s), locomotives as distributed power, end-of-train device information, number and position of tank cars in the train, tank car reporting marks, and the tank car specifications and relevant attributes 3 of the tank cars in the train. • Waybill (origin and destination) information. • The Safety Data Sheet(s) (SDS), or any other document used to provide comprehensive emergency response and incident mitigation information. • Results of any product testing undertaken prior to transportation that was used to properly characterize the Class 3 flammable liquids for transportation (initial testing). • Results from any analysis of product samples (taken prior to being offered into transportation) from tank car(s) involved in the derailment. • Date of acceptance as required to be noted on shipping papers under 49 CFR 174.24. • If a flammable liquid is involved, the type of liquid and the name and location of the company extracting the material.4 • The identification of the company having initial testing performed (sampling and analysis of material) and information on the lab (if external) conducting the analysis. • Name and location of the company transporting the material from well head to loading facility or terminal. • Name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation. • Name of the Railroad(s) handling the tank car(s) at any time from point of origin to destination and a timeline of handling changes between railroads. FRA and PHMSA encourage railroad industry members to take actions that are consistent with the preceding discussion and to take other complementary actions to help ensure the safety of the Nation’s railroads. FRA and PHMSA may modify this Safety Advisory, issue additional safety advisories, or take other appropriate actions necessary to ensure the highest level of safety on the Nation’s railroads, including pursuing other corrective measures under their safety authority. Issued in Washington, DC on April 17, 2015. Timothy P. Butters, Acting Administrator, Pipeline and Hazardous Materials Safety Administration. Sarah E. Feinberg, Acting Administrator, Federal Railroad Administration. [FR Doc. 2015–09437 Filed 4–22–15; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Delayed Applications Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. AGENCY: List of application delayed more than 180 days. ACTION: Application No. In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Special Permits and Approvals, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366–4535. Key to ‘‘Reason for Delay’’ 1. Awaiting additional information from applicant 2. Extensive public comment under review 3. Application is technically complex and is of significant impact or precedent-setting and requires extensive analysis 4. Staff review delayed by other priority issues or volume of special permit applications Meaning of Application Number Suffixes N—New application M—Modification request R—Renewal Request P—Party To Exemption Request Issued in Washington, DC, on April 8, 2015. Donald Burger, Chief, General Approvals and Permits. Reason for delay Applicant Estimated date of completion mstockstill on DSK4VPTVN1PROD with NOTICES Modification to Special Permits 15642–M .......................................... 11903–M .......................................... 13961–M .......................................... 11914–M .......................................... 15393–M .......................................... 8451–M ............................................ 15767–N .......................................... 16001–N .......................................... 16190–N .......................................... 16198–N .......................................... 16181–N .......................................... 16212–N .......................................... 16220–N .......................................... 16193–N .......................................... 16261–N .......................................... 16238–N .......................................... 16241–N .......................................... 16274–N .......................................... Praxair Distribution, Inc., Danbury, CT ..................................................... Comptank Corporation, Bothwell, ON ....................................................... 3AL Testing Corp., Centennial, CO .......................................................... Cascade Designs, Inc., Seattle, WA ......................................................... Savannah Acid Plant LLC, Savannah, GA ............................................... Special Devices, Inc., Mesa, AR ............................................................... Union Pacific Railroad Company, Omaha, NE ......................................... VELTEK ASSOCIATES, INC., Malvern, PA ............................................. Digital Wave Corporation, Centennial, CO ............................................... Fleischmann’s Vinegar Company, Inc., CERRITOS, CA ......................... Arc Process, Inc., Pflugerville, TX ............................................................ Entegris, Inc., Billerica, MA ....................................................................... Americase, Waxahache, TX ...................................................................... CH&I Technologies, Inc., Santa Paula, CA .............................................. Dexsil Corporation, Hamden, CT .............................................................. Entegris, Inc., Billerica, MA ....................................................................... Linde Gas North America LLC, Murray Hill, NJ ........................................ Matheson Tri-Gas, Inc., Longmont, CO .................................................... 3 Relevant attributes include information related to thermal protection, shell and head thickness, VerDate Sep<11>2014 18:53 Apr 22, 2015 Jkt 235001 steel specification and grade, head shield, and pressure relief valve setting. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 4 4 4 4 3 4 1 4 4 4 4 4 4 4 4 4 4 4 04–13–2015 04–10–2015 05–10–2015 4–21–2015 04–30–2015 04–30–2015 05–20–2015 05–31–2015 05–20–2015 04–15–2015 05–13–2015 04–30–2015 04–30–2015 05–20–2015 05–31–2015 05–20–2015 04–15–2015 05–31–2015 4 For a manufactured flammable liquid, the manufacturer will be identified on the SDS. E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)]
[Notices]
[Pages 22778-22779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09437]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[FRA Safety Advisory 2015-02]

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2015-0118, Notice No. 15-11]


Hazardous Materials: Information Requirements Related to the 
Transportation of Trains Carrying Specified Volumes of Flammable 
Liquids

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

ACTION: Notice of safety advisory.

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

SUMMARY: FRA and PHMSA are issuing this notice to remind railroads 
operating a ``high hazard flammable train'' (HHFT)--defined as a train 
comprised of 20 or more loaded tank cars of a Class 3 flammable liquid 
in a continuous block, or a train with 35 or more loaded tank cars of a 
Class 3 flammable liquid across the entire train--as well as the 
offerors of Class 3 flammable liquids transported on such trains, that 
certain information may be required by PHMSA and/or FRA personnel 
during the course of an investigation immediately following an 
accident.

FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous 
Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey 
Avenue SE., Washington, DC 20590; (202) 493-6245, or via email: 
karl.alexy@dot.gov; and Richard Raksnis, Director Field Services, 
Office of Hazardous Materials Safety, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Ave. SE., Washington, DC 20590. Telephone (202) 366-4455 or, 
via-email: Richard.raksnis@dot.gov.

SUPPLEMENTARY INFORMATION: Due to recent derailments involving HHFTs, 
FRA and PHMSA have conducted several post-accident investigations and 
wish to ensure that stakeholders are fully aware of each agency's 
investigative authority and cooperate with agency personnel conducting 
such investigations, where time is of the essence in gathering 
evidence. Therefore, PHMSA and FRA are issuing this Safety Advisory 
notice to remind railroads operating HHFTs, and offerors of Class 3 
flammable liquids being transported aboard those trains, of their 
obligation to provide PHMSA and FRA, as expeditiously as possible, with 
information agency personnel need to conduct investigations immediately 
following an accident or incident.
    Federal law authorizes the Secretary of Transportation (Secretary) 
to investigate rail accidents. Among other things, related to railroad 
safety generally, the Department can subpoena witness testimony, 
inspect track, cars, and other equipment, and require (including by 
subpoena) the production of records and other evidence. 49 U.S.C. 
20107, 20902 \1\ FRA's regulations set forth its general accident 
investigation procedures at 49 CFR 225.31.
---------------------------------------------------------------------------

    \1\ The FRA Administrator may exercise this investigative 
authority pursuant to a delegation from the Secretary. 49 CFR 
1.88(c), 1.89(a).
---------------------------------------------------------------------------

    Federal law also authorizes the Secretary to investigate accidents 
involving hazardous materials, 49 U.S.C. 5121, and in so doing require 
(including by subpoena) the production of records, inspect packages, 
and gather other evidence. Where Federal law requires the maintenance 
of records related to hazardous materials transportation, Section 5121 
obligates those responsible for maintaining such records to provide 
them to DOT personnel during the course of such investigations. PHMSA 
has promulgated rules at 49 CFR part 109 establishing investigative 
procedures for that agency under this authority.\2\ The Secretary has 
also delegated FRA the authority to investigate rail accidents and 
incidents involving the transportation of hazardous material for 
compliance with the Federal hazardous materials transportation law (49 
U.S.C. 5101 et seq.) and its implementing regulations. See 49 CFR 
1.89(j). Stakeholder cooperation with a PHMSA or FRA investigation 
following an accident is critically important to transportation safety. 
Thus, PHMSA and FRA issue this joint Safety Advisory to remind 
stakeholders of their obligations to maintain and make available 
records concerning hazardous materials transportation in accordance 
with law and DOT regulations, and to explain that the following 
information is likely to prove important to PHMSA and FRA personnel 
during the course of an investigation--and thus should be

[[Page 22779]]

provided as expeditiously as possible, upon request:
---------------------------------------------------------------------------

    \2\ The PHMSA Administrator may exercise this investigative 
authority pursuant to a delegation of the Secretary. 49 CFR 1.96 and 
1.97.
---------------------------------------------------------------------------

     Information on the train consist, including the train 
number, locomotive(s), locomotives as distributed power, end-of-train 
device information, number and position of tank cars in the train, tank 
car reporting marks, and the tank car specifications and relevant 
attributes \3\ of the tank cars in the train.
---------------------------------------------------------------------------

    \3\ Relevant attributes include information related to thermal 
protection, shell and head thickness, steel specification and grade, 
head shield, and pressure relief valve setting.
---------------------------------------------------------------------------

     Waybill (origin and destination) information.
     The Safety Data Sheet(s) (SDS), or any other document used 
to provide comprehensive emergency response and incident mitigation 
information.
     Results of any product testing undertaken prior to 
transportation that was used to properly characterize the Class 3 
flammable liquids for transportation (initial testing).
     Results from any analysis of product samples (taken prior 
to being offered into transportation) from tank car(s) involved in the 
derailment.
     Date of acceptance as required to be noted on shipping 
papers under 49 CFR 174.24.
     If a flammable liquid is involved, the type of liquid and 
the name and location of the company extracting the material.\4\
---------------------------------------------------------------------------

    \4\ For a manufactured flammable liquid, the manufacturer will 
be identified on the SDS.
---------------------------------------------------------------------------

     The identification of the company having initial testing 
performed (sampling and analysis of material) and information on the 
lab (if external) conducting the analysis.
     Name and location of the company transporting the material 
from well head to loading facility or terminal.
     Name and location of the company that owns and that 
operates the terminal or loading facility that loaded the product for 
rail transportation.
     Name of the Railroad(s) handling the tank car(s) at any 
time from point of origin to destination and a timeline of handling 
changes between railroads.
    FRA and PHMSA encourage railroad industry members to take actions 
that are consistent with the preceding discussion and to take other 
complementary actions to help ensure the safety of the Nation's 
railroads. FRA and PHMSA may modify this Safety Advisory, issue 
additional safety advisories, or take other appropriate actions 
necessary to ensure the highest level of safety on the Nation's 
railroads, including pursuing other corrective measures under their 
safety authority.

    Issued in Washington, DC on April 17, 2015.
Timothy P. Butters,
Acting Administrator, Pipeline and Hazardous Materials Safety 
Administration.
Sarah E. Feinberg,
Acting Administrator, Federal Railroad Administration.
[FR Doc. 2015-09437 Filed 4-22-15; 8:45 am]
 BILLING CODE 4910-60-P