Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel Transportation, 85590-85683 [2024-23421]
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 107, 171, 172, 173, 174,
176, 177, 178, 179, and 180
[Docket No. PHMSA–2018–0080 (HM–265)]
RIN 2137–AF41
Hazardous Materials: Advancing
Safety of Highway, Rail, and Vessel
Transportation
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of
Transportation.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
PHMSA proposes to revise
the Hazardous Materials Regulations to
adopt several modal-specific
amendments that would enhance the
safe transportation of hazardous
materials in commerce. PHMSA, in
consultation with the Federal Motor
Carrier Safety Administration, the
Federal Railroad Administration, and
the United States Coast Guard, proposes
amendments identified during
Departmental review and from industry
petitions for rulemaking.
DATES: Comments must be received by
January 27, 2025. To the extent possible,
PHMSA will consider late-filed
comments as a final rule is developed.
ADDRESSES: You may submit comments
identified by the Docket Number
PHMSA–2018–0080 (HM–265) by any of
the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
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: Docket Management
System; 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 (PHMSA–2018–0080) or
Regulation Identifier Number (RIN)
(2137–AF41) for this rulemaking at the
beginning of the comment. To avoid
duplication, please use only one of
these four methods. All comments
received will be posted without change
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SUMMARY:
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to the Federal Docket Management
System (FDMS) and will include any
personal information you provide.
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).
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments to
this NPRM contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ Submissions containing
CBI should be sent to Eamonn Patrick,
Office of Hazardous Materials Safety,
Standards and Rulemaking Division,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey Ave.
SE, Washington, DC 20590–0001. Any
commentary that PHMSA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
FOR FURTHER INFORMATION CONTACT:
Eamonn Patrick, Standards and
Rulemaking Division, 202–366–8553,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. Railroad Safety Advisory Committee
B. AAR Authority To Approve the Design
of Tank Cars and Quality Assurance
Programs
1. Introduction
2. Tank Car Design Approval
3. Tank Car Facility Quality Assurance
Program
4. Tank Car Facility Definition
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5. Tank Car Facility and Design Certifying
Engineer Registration
6. AAR Specifications for Tank Cars
Incorporation by Reference
7. Tank Car Linings and Coatings
8. Editorial Revision to §§ 180.501 and
180.513
C. Cargo Tank Regulatory Amendments
D. Cargo Tank Marking for Petroleum
Distillate Fuels
E. P–1712
F. P–1724
G. P–1735
III. Overview
A. Rail
B. Highway
C. Vessel
D. Multi-Modal
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866, 14094, and DOT
Regulatory Policies and Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive
Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Draft Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International
Trade Analysis
K. National Technology Transfer and
Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order
14082
N. Severability
I. Executive Summary
The Pipeline and Hazardous Materials
Safety Administration (PHMSA)
proposes to amend the requirements for
the transportation of hazardous
materials set out in the Hazardous
Materials Regulations (HMR) (49 Code
of Federal Regulations (CFR) parts 171
to 180) and 49 CFR part 107. This
rulemaking aims to amend provisions
specific to the highway, rail, and vessel
transportation of hazardous materials.
In this notice of proposed rulemaking
(NPRM), PHMSA proposes to reform
modal specific requirements in the
HMR. PHMSA expects that the adoption
of these proposals will maintain or
enhance the safe transportation of
hazardous materials while increasing
the clarity of the HMR, and therefore
decreasing compliance burdens. The
proposed amendments also reflect
changing conditions and trends that
affect the safe transportation of
hazardous materials while still
maintaining or enhancing safety. The
following are some of the more
noteworthy subjects covered by
proposed revisions:
• Rail tank car use requirements as
recommended by the Rail Safety
Advisory Committee (RSAC);
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• Rail tank car and service equipment
design approval requirements;
• Highway cargo tank specifications
and requalification requirements; and
• Marking requirements for cargo
tanks that contain multiple petroleum
distillate fuels.
In this rulemaking, PHMSA solicits
comment from the public and regulated
community on these proposed
amendments, specifically pertaining to
the need for, benefits, and costs of the
proposed amendments; impact on
safety; public interest; and any other
relevant concerns. In its preliminary
regulatory impact analysis (PRIA),
PHMSA concluded that the aggregate
benefits of the proposed amendments
justify their aggregate costs. PHMSA
estimates annualized net benefits at a
two percent discount rate of
approximately $97.3 million per year.
Details on the estimated cost savings
and benefits of this rulemakings can be
found in the PRIA, which is available in
the public docket for this rulemaking.
II. Background
The Federal Hazardous Materials
Transportation Act (HMTA; 49 U.S.C.
5101 et seq.) at 49 U.S.C. 5103 gives the
Secretary general authority to issue
regulations for the safe transportation of
hazardous materials in commerce. The
Secretary delegates the above statutory
authorities to PHMSA at 49 CFR 1.97.
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A. Railroad Safety Advisory Committee
RSAC is a Federal Advisory
Committee established by the U.S.
Secretary of Transportation in
accordance with the Federal Advisory
Committee Act (5 U.S.C. App. 2) to
provide information, advice, and
recommendations to the Federal
Railroad Administration (FRA)
Administrator on matters relating to
railroad safety. In 1996, FRA established
RSAC to develop new regulatory
standards, through a collaborative
process, with all segments of the rail
community working together to fashion
mutually satisfactory solutions on safety
regulatory issues. PHMSA participates
in RSAC when issues related to
hazardous material transportation are
discussed, and participated in the
development of the proposed
recommendations in this rulemaking.
On November 5, 2015, the RSAC
accepted Task No. 15–04: ‘‘Hazardous
Materials Issues,’’ which assigned the
Hazardous Materials Issues Working
Group (HMIWG) to consider several
revisions to the HMR to enhance the
safety of hazardous materials
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transported by rail.1 Consensusapproved regulatory change proposals
were developed by the HMIWG and
forwarded to the RSAC for
consideration. On May 25, 2017, the
RSAC voted and approved HMIWG’s
consensus recommendations of changes
to the HMR (hereafter referred to as the
consensus recommendations) and
submitted the suggested revisions to
FRA. FRA subsequently recommended
that PHMSA initiate a rulemaking to
propose and adopt the consensus
recommendations. In this rulemaking,
PHMSA proposes to adopt the RSAC
consensus recommendations with some
modifications. Note that not all of the
consensus recommendations are
proposed as received. Rather, this
rulemaking includes some revisions to
the recommendations to better fit the
construction of the HMR; to provide
more appropriate amendatory
instruction to the Office of the Federal
Register; and to address some technical
issues discovered during detailed
review of the proposed regulatory text
that was provided in the
recommendation.
The consensus recommendations
propose to make amendments to update,
clarify, or remove existing requirements
that are outdated or unnecessary. They
propose the following changes, among
others: (1) require tank car facilities to
apply for and receive a DOT registration
letter from PHMSA assigning a
registration number prior to qualifying
tank cars for service; (2) incorporate by
reference updated versions of certain
industry standards, including the
Association of American Railroads
(AAR) Manual of Standards and
Recommended Practices Section C–III
Specifications for Tank Cars (M–1002);
and (3) revise the requirements for OneTime Movement Approvals (OTMAs).
These changes are discussed in greater
detail later in ‘‘Section IV. Section-bySection Review.’’
On August 27 and 28, 2013, FRA held
a public meeting 2 to invite stakeholders
and the public to participate in a
comprehensive review of part 174 of the
HMR, to improve the safety of railroad
transportation of hazardous materials.
Specifically, FRA sought comment on
identifying provisions of part 174—
Carriage by Rail—that are outdated,
unclear, no longer necessary, present an
undue economic burden on the
regulated community, are inconsistent
1 More information about the RSAC, including
HMIWG meeting minutes and other supporting
documents can be found at: https://rsac.fra.
dot.gov/.
2 Comments from various associations and
members of the public can be found at: https://
www.regulations.gov/docket?D=FRA-2013-0067.
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with other North American standards
and regulations (such as those issued by
the AAR and Transport Canada), do not
sufficiently address modern safety
concerns, or do not sufficiently address
technological advancements and
procedural changes in the railroad
operating environment. FRA included
specific requests for comment on the
public meeting agenda for a review of
definitions and abbreviations (§ 171.8);
notice to train crews (§ 174.24);
nonconforming or leaking packages
(§ 174.50); packagings, cargo tanks, and
multi-unit tank car tanks in Tank-onFlatcar (TOFC) and Container-on-Flatcar
(COFC) service (§§ 174.61 and 174.63),
tank car unloading (§ 174.67); switching
placarded railcars, transport vehicles,
freight containers and bulk packagings
(§ 174.83); position of railcars (§ 174.85);
as well as an open discussion on part
174. In its consensus recommendations,
the RSAC addressed many of the issues
identified and discussed during this
public meeting. See ‘‘Section IV.
Section-by-Section Review’’ for
discussion of specific proposed changes
because of the public meeting comments
and RSAC deliberations.
B. AAR Authority To Approve the
Design of Tank Cars and Quality
Assurance Programs
1. Introduction
The design, construction,
maintenance, and qualification of tank
cars used to transport hazardous
materials are complex regulatory topics.
Tank cars are the largest type of
hazardous materials packaging in use in
surface transportation, and the
consequence of failure during
transportation can be—and has been—
catastrophic. The HMR currently
delegate tank car and service equipment
design approval and tank car facility
Quality Assurance Program (QAP)
approval to the AAR Tank Car
Committee (TCC). The AAR TCC is a
body of representatives drawn from the
railroads, tank car shippers, and the
tank car manufacturing, maintenance,
and repair industry. The AAR TCC
approves tank car designs and manages
QAP approval, as well as develops its
own standards for the design and
operation of tank cars. PHMSA and FRA
provide regulatory oversight to the AAR
TCC approval process to ensure the
committee is operating within the
HMR’s purview. The process by which
the AAR TCC approves tank car and
service equipment designs, materials,
and construction, and conversion or
alteration, is not specified in § 179.3;
however, typically the committee votes
on the proposed designs, materials, and
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construction, and conversion or
alteration based on AAR TCC staff
review of design drawings and/or
service trial results. The approval of
QAPs is handled similarly via a vote of
the AAR TCC after the facility has been
audited by AAR Bureau of Explosives
auditors. Audit scheduling, procedure,
and recommendation for approval or
denial is conducted wholly at the
discretion of the AAR.
The HMR require each tank car
facility to maintain a QAP that meets
the requirements of § 179.7, with the
intent that a properly implemented QAP
will:
• Ensure the qualified tank car
conforms to the requirements of the
applicable specification and regulations;
• Identify any defects in the tank car
manufacturing, repair, inspection,
testing, and qualification or
maintenance program; and
• Prevent any non-conformity from
recurring.
Specifically, tank car facility QAPs
must—at a minimum—address the
elements in § 179.7(b)–(e), including
verification of construction materials,
monitoring and control of processes,
and qualification of personnel.
PHMSA and FRA initiated a review of
the current regulations in part 179—
Specifications for Tank Cars—that
require both tank car design and tank
car facility QAPs to be approved by the
AAR TCC. Additionally, PHMSA and
FRA recognize that the scope of the
definition of tank car facility has created
confusion among tank car shippers and
in the tank car manufacturing and
maintenance industry. In this
rulemaking, PHMSA proposes to revise
the definition of tank car facility to
reduce confusion and uncertainty in the
regulated community. In conjunction
with the other rail-specific changes
proposed in this rule, this change will
improve safety of rail transportation
through increased awareness of who
qualifies as a tank car facility and who
specifically must comply with the HMR
requirements for that facility (see
‘‘Section II.B.4 Tank Car Facility
Definition’’ for further discussion on
this issue).
PHMSA and FRA have determined
that the current system requiring AAR
approval for tank car facility QAPs and
tank car designs creates a regulatory
bottleneck without commensurate safety
benefits for the regulated industry. As
such, PHMSA proposes revisions to the
current system to relieve confusion and
increase the efficiency of the approval
process (see ‘‘Section II.B.2 Tank Car
Design Approval’’ and ‘‘Section II.B.3
Tank Car Facility Quality Assurance
Program’’ for further discussion of these
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issues). The proposed revisions are
intended to increase the efficiency of
the tank car design and QAP approval
process, without compromising safety,
by increasing governmental oversight of
regulated entities through a registration
program. The following is a brief
summary of proposed changes to the
approval processes and the definition of
tank car facility which PHMSA
discusses in greater detail later in this
section:
A. Remove the requirement for tank
car and service equipment designs to be
approved solely by the AAR TCC and
replace it with a requirement for tank
car designs to be approved by a tank car
Design Certifying Engineer (DCE)
registered with PHMSA. This proposed
requirement closely mirrors the process
for highway cargo tank design review
and approval.
B. Remove the requirement for tank
car facilities to have a QAP approved by
the AAR and replace it with a
requirement for tank car facilities to
register with PHMSA, maintain a QAP,
and certify that it meets the § 179.7
quality assurance program
requirements.
C. Revise the definition of tank car
facility to clarify that the definition
applies to facilities that qualify a tank
car for service, and to clarify what
activities require qualification of a tank
car.
D. Add a registration program for tank
car DCEs and tank car facilities.
E. Revise the incorporation by
reference (IBR) of specific chapters and
appendices of the 2014 edition of the
AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (i.e., AAR
Specifications for Tank Cars) to
correspond to the above proposals (i.e.,
removing the requirement to comply
with the specific sections of M–1002
that require AAR approval).
F. Revise the requirements for coating
and lining inspection of tank cars to
clarify what is expected.
G. Revise § 180.513—Repairs,
alterations, conversions, and
modifications—to clarify that tank car
facilities must include the tank car
owner’s qualification and maintenance
program into their QAP to correct an
incorrect reference to including the tank
car owner’s QAP. Generally, a tank car
owner is not subject to QAP
requirements.
2. Tank Car Design Approval
Federal hazardous material
transportation regulations have
delegated the authority to approve tank
car and service equipment designs to
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the AAR—and various predecessor
organizations—since at least 1927. As
provided in § 179.3, the AAR TCC has
authority to approve tank car designs,
materials and construction, conversion,
or alteration of tank car tanks under the
specifications of part 179. By way of
example, § 179.100–12(a) requires that
manway nozzles must be of approved
design of forged or rolled steel for steel
tanks. In this context, pursuant to the
definition in § 179.2, ‘‘approved’’ refers
to approval by the AAR TCC.
Although PHMSA has delegated the
authority to approve tank car designs,
the current state of the AAR’s
autonomous approval process presents
inefficiencies when insufficient
resources are available to process
approval applications, resulting in
unnecessary delays and increased costs
for the tank car design and
manufacturing community. As such,
PHMSA and FRA propose to remove the
requirement that tank car and service
equipment designs receive approval
solely through the AAR TCC before they
are used in hazardous materials
(hazmat) service. PHMSA and FRA
propose to replace AAR TCC design
approval with alternative approval by a
tank car DCE, similar to the design
approval structure for highway cargo
tanks. The proposed tank car DCE
requirement will include registration
with PHMSA, and registrations will be
subject to termination for cause, with
the intent to create a more transparent,
accountable tank car design approval
system without any impact on the safety
of such approved tank cars. ‘‘Design
certifying engineer’’ is a defined term in
the HMR in § 171.8, and currently only
applies to engineers who can determine
that a cargo tank design meets
applicable DOT specification standards.
PHMSA and FRA propose to revise the
definition of DCE to include persons
able to determine that a tank car meets
applicable DOT specification standards.
PHMSA and FRA propose that a tank
car DCE must:
• Have an engineering degree and at
least one year of work experience in
tank car structural or mechanical
design; or
• Be registered currently as a
professional engineer by an appropriate
authority of a state of the United States
or a province of Canada.
As proposed, a tank car DCE may not
use their experience in cargo tank
structural or mechanical design to meet
the experience requirement for tank car
design, and vice versa for a cargo tank
DCE. Based on our knowledge of the
cargo tank and tank car industries,
PHMSA believes it is unlikely that a
company would attempt to register a
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single engineer as both a tank car and
cargo tank DCE. In the event this does
occur, PHMSA would allow a single
engineer to be registered as both a tank
car and cargo tank DCE; however, they
will need to acquire separate
registrations: a cargo tank DCE
registration as specified in subpart F of
part 107, and a tank car DCE registration
as specified in the proposed new
subpart J of part 107. PHMSA has
determined that maintaining separate
registrations in the event that a single
person holds both will simplify
recordkeeping and enforcement by
preventing unintended administrative
hang-ups if one registration is allowed
to lapse or termination proceedings are
initiated. PHMSA requests comments on
this proposed registration process.
Currently, the tank car design
approval process is managed by the
AAR TCC (see § 179.3). PHMSA and
FRA attend AAR TCC meetings and
participate in AAR TCC working groups
on specific issues; however, the
agencies do not manage the day-to-day
operations of the AAR TCC. PHMSA
and FRA have no voting power in the
committee and little involvement in the
day-to-day process by which the AAR
TCC reviews and approves tank car
designs. PHMSA and FRA retain full
authority to set tank car safety standards
through the adoption of tank car design
specification requirements in part 179,
and tank car use requirements in part
173. To provide additional context,
there are approximately 130 instances in
part 179 where the HMR requires that a
tank car design feature (e.g., the manner
in which a tank car tank is attached to
the car structure) 3 or item of service
equipment (e.g., a valve) 4 be
‘‘approved.’’ This approval is issued by
the AAR TCC when the Committee
determines that tank car tank or
equipment is in compliance with the
requirements of the HMR.5 The AAR
TCC is the only entity granted the
authority to issue such approvals for
tank car tanks and service equipment in
the HMR.
PHMSA and FRA have determined
that—based on experience participating
in the current AAR TCC process—the
process for tank car design approval is
conducted in such a way that increases
costs and delays to the regulated
community, without a commensurate
increase in safety that would justify
these delays. The HMR create a singlesource, prescriptive system, because
only AAR TCC has the authority to
approve an application for a tank car
3 See
§ 179.10.
§ 179.200–16(b).
5 See § 179.3.
4 See
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design, material of construction,
conversion, or alteration under part 179
specifications. The HMR requirements
for the review of a tank car design are
well understood and include
compliance with part 179 and other
considerations that a tank car design
must take into account (e.g., lading
properties, material compatibility,
operating temperatures, etc.). There is
little doubt that there are many
engineers in the United States with tank
car structural or mechanical design
experience who could review and
certify that a tank car’s design meets the
HMR requirements. Replacing AAR TCC
approval with DCE approval as
proposed will create a system that
increases efficiency in the tank car
design approval market by expanding
the pool of authorized tank car design
approval sources without impacting the
safety of tank cars used to transport
hazardous materials. The proposed
system also includes documentation
requirements for DCEs that will
facilitate improved government
oversight of the design approval process
via periodic audits, and it would allow
DCE registrations to be terminated for
cause as further discussed below.
PHMSA and FRA expect that an
individual with an engineering degree
and tank car design experience or a
registered professional engineer—thus
meeting the § 171.8 definition of a tank
car DCE—will be able to review the
design of a tank car or service
equipment and determine whether the
design complies with the tank car
specification requirements. This
proposal will improve government
oversight of the tank car approval
process. Currently, PHMSA and FRA
have limited ability to take enforcement
action against the TCC for failures to
comply with the requirements of the
HMR. The current TCC design review
procedures have allowed non-compliant
tank cars to enter transportation, posing
risks to lives and the environment.
When non-compliant cars are
discovered in transportation, FRA takes
immediate action to protect rail workers
and the public. This can include issuing
a railworthiness directive to address the
non-compliance. Audits of the TCC tank
car design review process conducted by
the Department have revealed systemic
operational and processing issues
within the TCC—specifically—that the
TCC utilizes, approves, and certifies
Independent Third Party (ITP)
individuals for reviewing and verifying
that the application meets all AAR and
DOT design requirements. These audit
findings still have not been addressed to
date. Additionally, in the recent past,
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the TCC elected not to review and
approve new designs for DOT–106 and
DOT–110 multi-unit tank car tanks
(commonly known as ‘‘ton tanks’’). The
TCC’s decision not to review and
approve DOT–106 and DOT–110
designs created significant disruption
for a packaging manufacturer and their
customers. As a result, PHMSA
expended resources to develop and
issue a Special Permit 6 to allow the
construction and use of these
packagings to avoid disruption to
commercial activities caused by the
TCC’s decision not to complete the role
assigned to them in § 179.3. PHMSA
and FRA are also concerned that the
current system allows TCC to regulate
entry to the market by controlling the
approval process. Major tank car and
service equipment (e.g., valve)
manufacturers are represented on the
TCC. This creates a potential conflict of
interest for the TCC when considering
approval applications from firms that
compete with companies its members
represent. PHMSA and FRA have
determined that due to unaddressed
issues in the AAR TCC approval
process, a recent history of a decision
not to perform the role assigned in the
HMR, and the potential for incumbent
tank car industrial concerns to impact
entry of competitors into the
marketplace, we can no longer justify
delegating authority for tank car design
approval to the AAR TCC.
PHMSA and FRA expect that costs for
reviewing and approving tank car
designs will decrease by removing the
single-source approval and the barriers
of entry to the business of tank car
design approval. The implementation of
the proposed tank car DCE program will
maintain at least an equivalent level of
safety of tank car design by ensuring
tank car DCEs maintain and adhere to a
detailed written procedure to evaluate
the compliance of a tank car design with
the HMR’s tank car specification and
usage requirements. PHMSA and FRA
will be able to exert substantially greater
oversight over tank car DCEs than the
AAR TCC, both through the
modification, suspension, and
termination procedures proposed in this
NPRM, as well as through the civil and
criminal penalty procedures applicable
to all persons who perform activities
subject to the HMR through 49 CFR
parts 107, 109, and 49 U.S.C. 5123–
5124.
PHMSA, in conjunction with our
highway modal partner FMCSA, has
experience overseeing a DCE program
for the design approval of bulk
6 https://www.phmsa.dot.gov/hazmat/documents/
offer/SP14437.pdf/offerserver/SP14437.
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hazardous materials packages intended
for highway transportation through the
existing cargo tank DCE program. This
experience makes us confident that
private sector engineers, operating
under governmental oversight through a
registration program, can safely and
effectively review a package (i.e., a tank)
design and ensure it complies in all
respects with the relevant design
requirements of the HMR. PHMSA and
FRA intend to maintain direct oversight
on the tank car design process through
regular audits of tank car DCEs and
reserve the right to terminate a tank car
DCE registration for cause. Causes for
registration termination include: (1)
because of a change in circumstances
the registration is no longer needed or
would no longer be granted if applied
for; (2) the application contained
inaccurate or incomplete information
and it would not have been granted had
accurate and complete information been
provided; (3) the application contained
deliberately inaccurate or incomplete
information; or (4) the registration
holder knowingly violated the terms of
the registration or an applicable
requirement of 49 CFR Chapter I in a
manner demonstrating lack of fitness to
conduct the activity for which the
registration is required. PHMSA
emphasizes that criteria (4) can be used
to bring enforcement action and
potential modification, suspension, or
termination proceedings against a tank
car DCE who fails to maintain and
follow an adequate written procedure
that is used to verify conformance with
the requirements of the HMR. See
‘‘Section IV. Section 107.911’’ for
additional information on the
termination of a tank car DCE
registration.
By clearly describing the processes
and procedures that the DCE must
follow to approve a tank car design,
PHMSA and FRA expect a high level of
safety for tank car designs will be
maintained. PHMSA proposes to require
the DCE to review the same information
and drawings currently required in the
AAR Form 4–2. This commonality with
existing design records is intended to
minimize disruption during the
transitional period and maximize tank
car and service equipment manufacturer
and DCE familiarity with the required
documentation. The requirements
proposed in §§ 179.3 and 179.5 are
intended to create an accountable,
auditable, criteria-based tank car design
approval system that is more
transparent to government oversight
than the current system. The proposed
requirements in §§ 179.3 and 179.5 are
primarily based on the requirement for
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a tank car DCE to develop, maintain,
and adhere to a written procedure
describing the process used to verify a
tank car or service equipment’s design
with the requirements of the HMR. This
detailed procedure must include
acceptance and rejection criteria for
each tank car or service equipment
design element approved by the DCE,
which demonstrate the tank car or
service equipment will meet the
requirements of part 179 and retain the
hazardous contents of the packaging in
all normal conditions of transportation
for the designed life of the packaging.
PHMSA and FRA investigators and
engineers will evaluate the detailed
procedures during periodic audits to
ensure the procedures adequately
maintain compliance with part 179, and
that the DCE is following the
procedures. These general procedural
requirements proposed in §§ 179.3 and
179.5 will allow tank car DCEs to
determine the most efficient workflow
for their business needs, while
providing a clear basis for evaluation of
a tank car DCE’s procedures. These
standards also provide a clear
framework for PHMSA and FRA to
conduct audits and determine whether
lapses in a tank car DCE’s performance
warrant the issuance of a Notice of
Probable Violation, or, in serious cases,
initiation of modification, suspension,
or termination proceedings.
The DCE registration program also
may facilitate greater technological
advancements in tank car and service
equipment designs by facilitating greater
access to tank car and service
equipment design certification services.
The proposed rule would enable other
entities to approve tank car designs,
potentially leading to more processing
of innovative designs that meet the
existing performance standards and
their subsequent use in the
transportation arena. In addition,
opening these services up to other
entities—rather than maintain the
design approval process solely with
AAR TCC—may increase competition
within the industry as additional DCEs
are registered and begin to provide tank
car design approvals. This competition
is expected to result in potential cost
reductions for the regulated community.
To adequately oversee tank car DCEs,
PHMSA and FRA propose to require
that each DCE register with PHMSA and
provide information on the types of
design reviews the DCE will conduct.
This will allow PHMSA and FRA to
audit DCEs to ensure they are properly
reviewing each tank car or service
equipment design and only issuing
approvals to those designs that meet the
requirements of part 179. Each DCE
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must develop procedures, including
acceptance and rejection criteria for the
approval process, which demonstrate
that the tank car or service equipment
will meet the requirements of part 179
and the design level of reliability and
safety for the hazardous materials
service for which the tank car is
intended. The registration requirement
is necessary to assist PHMSA and FRA
in performance of their oversight
responsibilities to ensure all tank car
DCEs are performing their design
reviews with appropriate rigor, and thus
that tank car designs are suitable for
hazmat transportation. See discussion in
section ‘‘Section II.B.5 Tank Car Facility
and Design Certifying Engineer
Registration’’ for additional details on
the proposed registration program.
Therefore, PHMSA proposes to
remove reference to AAR approval for
tank car designs wherever it appears in
the subchapter. A DCE registered with
PHMSA would fill the tank car design
approval role currently delegated to the
AAR. Authorizing qualified individuals,
registered with PHMSA, to review and
certify tank car designs under PHMSA
and FRA oversight will increase the
level of safety provided by the HMR
while increasing design review
efficiency for the tank car design and
manufacturing community. Finally,
PHMSA notes this would not exclude
the AAR staff or TCC members from
registering as DCEs to continue to
perform these approvals; however, it
removes exclusive delegation and opens
the market to all those who are
qualified. AAR TCC may continue to
provide approval services commercially,
provided they register with PHMSA and
follow the same requirements proposed
in this NPRM that other tank car DCEs
must follow.
3. Tank Car Facility Quality Assurance
Program
Tank car facilities, as defined in
§ 179.2, are required to have a QAP
that—among other items—has the
means to detect non-conformities in the
tank car manufacturing, repair,
inspection, testing, and qualification or
maintenance processes. Currently, each
tank car facility’s QAP must meet the
requirements of § 179.7, which requires
that the QAP be approved by the AAR.
In this rulemaking, PHMSA proposes to
remove the requirement that AAR
approve a tank car facility’s QAP. As a
substitute, we propose to replace this
requirement with a requirement that
tank car facilities must register with
PHMSA, certify that they maintain a
QAP that meets the requirements of
§ 179.7, and include an executive
summary of their QAP with their
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registration statement. As proposed, the
registration program will improve safety
through increased PHMSA and FRA
situational awareness of tank car facility
activities and provide mechanisms to
address non-compliance. PHMSA
proposes to allow modification,
suspension, or termination of a tank car
facility registration for the following
causes: (1) because of a change in
circumstances, that the registration is no
longer needed or would no longer be
granted if applied for; (2) the
application contained inaccurate or
incomplete information and it would
not have been granted had accurate and
complete information been provided; (3)
the application contained deliberately
inaccurate or incomplete information; or
(4) the registration holder knowingly
violated the terms of the registration or
an applicable requirement of 49 CFR
Chapter I in a manner demonstrating
lack of fitness to conduct the activity for
which the registration is required.
PHMSA emphasizes that criteria (4)
above can be used to bring enforcement
action and initiate modification,
suspension, and termination
proceedings against a tank car facility
that fails to adhere to their QAP. A tank
car facility’s failure to adhere to a QAP
could create unacceptable risks in the
rail system and may cause unsafe tank
cars to enter transportation.
The creation of the QAP requirement
for tank car facilities was initiated based
on a National Transportation Safety
Board (NTSB) safety recommendation
(R–88–63) 7 issued in response to a
September 8, 1987, incident involving
the release of butadiene from a tank car
in New Orleans, Louisiana. In 1993, the
Research and Special Programs
Administration (RSPA)—PHMSA’s
predecessor agency—proposed the
creation of the QAP requirement and
definition of tank car facility in an
NPRM (HM–201).8 The primary intent
of this requirement—as discussed in the
preamble of HM–201—is to ensure each
tank car manufacturing or repair facility
has procedures in place to detect any
nonconformity in the tank car
manufacturing, maintenance, or repair
process and has the means to prevent its
recurrence.
In 1995, RSPA created the definition
for the term ‘‘tank car facility’’ and a
requirement for each tank car facility to
maintain a QAP meeting the
requirements of § 179.7 in final rule
HM–175A and HM–201,9 and made
7 See NTSB Safety Recommendation R–88–063:
https://www.ntsb.gov/investigations/Accident
Reports/_layouts/ntsb.recsearch/Recommendation.
aspx?Rec=R-88-063.
8 58 FR 48485 (Sep. 16, 1993).
9 60 FR 49048 (Sep. 21, 1995).
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minor revisions to the requirements in
a 1996 HM–175A and HM–201
corrections final rule.10 The
requirements of § 179.7 have not been
modified substantively since.
PHMSA and FRA have found that the
requirement for only AAR to review and
approve each tank car facility’s QAP
creates an undue cost burden on the
facility and creates delays in approving
facility operation that hinder commerce.
Additionally, PHMSA and FRA’s
experience auditing tank car facilities
with QAPs approved by AAR TCC have
revealed significant compliance issues
with the current QAP approval process.
For example, PHMSA and FRA have
knowledge that on at least one
occasion—over the course of many
months—AAR did not take action on a
facility that failed AAR Bureau of
Explosives QAP audits. These negative
findings demonstrated the facility’s
failure to maintain an effective QAP
and, therefore, the company’s inability
to safely perform their tank car
qualification functions as required by
the HMR. Specifically, AAR did not take
action to remove the certification of a
tank car facility in Shoshone, Wyoming,
(Wasatch Railroad Contractors) that had
failed multiple QAP audits. This
inaction allowed the facility to continue
to operate without an effective QAP.
FRA and PHMSA raised concerns that
AAR has not adopted procedural
changes to prevent this type of failure
(e.g., by immediately addressing
findings) from recurring. Subsequently,
on April 22, 2021, two employees were
killed in an explosion while working
inside a tank car.11 FRA and PHMSA
believe corrective action by AAR and
the facility may have prevented such an
incident by not allowing continued
work on tank cars. In 2022, the owner
of Wasatch Railroad Contractors was
found guilty of five counts of wire fraud
and one count of knowing
endangerment for knowingly exposing
employees to asbestos and placing them
in imminent danger of death or serious
bodily injury.12
Additionally, as part of AAR TCC’s
current QAP approval process, AAR
requires that tank car facilities bear the
expense on an initial certification audit
and annual recertification audits
thereafter. The initial certification
process often takes several months, and
the tank car facility has no recourse
under the current HMR requirements
but to accept AAR’s timeline and fees.
10 61
FR 33250 (Jun. 26, 1996).
11 https://apnews.com/article/explosions-
business-1aa330c562c393a74421e4a90b9394db.
12 https://www.justice.gov/usao-wy/pr/wasatchrailroad-contractors-and-its-chief-executive-officersentenced-wire-fraud-and.
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85595
Additionally, the audit process does not
increase the level of safety
commensurate with the costs and delays
it imposes. FRA inspectors regularly
find violations of the HMR at facilities
that AAR authorizes to operate through
the current QAP approval process. FRA
issues findings, tickets, and notices of
probable violation to tank car facilities
when it discovers non-compliance.
When violations are systemic or
significant, FRA uses its railworthiness
authority to address similarly situated
cars or fleets of cars.
Therefore, PHMSA and FRA propose
to remove the requirement that tank car
facilities submit their QAPs for approval
to AAR and replace it with a
requirement that each tank car facility
register with PHMSA and certify that it
has created and is maintaining a QAP
that meets the requirements of § 179.7.
As part of the registration requirement,
PHMSA and FRA propose that the
registrant must submit an executive
summary of its QAP, demonstrating
compliance with the elements required
in § 179.7(b). Facilities may submit
certifications from outside
organizations, such as an external
auditor, to serve as the executive
summary or submit their own executive
summary documents. PHMSA will
administer the registration program for
facilities, and FRA—in conjunction with
PHMSA—will oversee tank car facility
QAPs through regular facility
compliance audits. PHMSA and FRA
have limited oversight and control over
the current AAR approval process for
tank car facility QAPs. However, the
observations that have been conducted,
coupled with our enforcement oversight
of the tank car fleet, provide PHMSA
and FRA with significant concerns that
the current system of AAR audits
provides limited safety benefits
compared to the burdens imposed.
PHMSA and FRA expect the registration
program combined with regular
compliance audits by government
personnel will maintain an equivalent
or greater level of safety to the current
requirements while reducing
administrative delays caused by the
AAR process. PHMSA and FRA
emphasize that adhering to a rigorous
QAP is critical for a tank car facility to
ensure that the tank cars qualified for
service at the facility meet the
requirements of the tank car’s
specification and regulations. See
‘‘Section II.B.5. Tank Car Facility and
Design Certifying Engineer Registration’’
for additional details on the proposed
registration program.
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PHMSA recognizes that this topic is
the subject of an open petition P–1770 13
submitted by AAR on October 21, 2022.
This petition requests the removal of the
AAR approval requirement for QAPs in
accordance with § 179.7. The AAR
petition requests that PHMSA replace
AAR approval of QAPs with a
requirement for tank car facilities to
comply with an industry standard
known as ‘‘AAR M–1003—Specification
for Quality Assurance.’’ As described
above, PHMSA believes that a
performance-based approach to QAPs—
along with registration with the
Department and self-certification—is the
best option. Our proposal allows for the
use of accepted industry standards for
quality assurance programs to meet the
proposed safety requirements, but does
not mandate one standard over another.
This allows tank car facilities to
implement the performance elements in
the most appropriate manner for their
operations. Therefore, in this NPRM,
PHMSA is not proposing to incorporate
by reference AAR M–1003 into § 179.7.
PHMSA will consider any comments on
this topic with respect to this NPRM as
it evaluates petition P–1770.
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4. Tank Car Facility Definition
PHMSA and FRA are aware that there
is uncertainty in the tank car
community related to the scope of the
definition of ‘‘tank car facility.’’ This
uncertainty impacts both tank car
shippers and tank car manufacturers
(including service equipment
manufacturers). On October 8, 2019,
PHMSA, in conjunction with FRA,
issued Letter of Interpretation Reference
No. 19–0117 14 addressing the definition
of ‘‘tank car facility.’’ PHMSA proposes
to revise the definition of ‘‘tank car
facility’’ consistent with Letter of
Interpretation Reference No. 19–0117 so
that the definition applies only to the
facility that qualifies the tank car for
service. That is, for example, an
equipment manufacturer of a pressure
valve used in the construction of a tank
car is not a tank car facility solely on the
basis of manufacturing a component
part of a specification tank car. The
determining factor on the applicability
of the ‘‘tank car facility’’ definition is
whether the facility qualifies a tank car
for service. The tank car facility that
qualifies the tank car for service is
responsible for ensuring the conformity
of the entire tank car, including service
equipment, with the approved
13 https://www.regulations.gov/document/
PHMSA-2022-0130-0001.
14 See Letter of Interpretation Reference No. 19–
0117: https://www.phmsa.dot.gov/regulations/
title49/interp/19-0117.
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specification. Additionally, PHMSA
proposes to revise the definition of
‘‘service equipment’’ in § 180.503 to
clarify what constitutes ‘‘service
equipment’’ consistent with our
expectations in revising the definition of
a tank car facility. Service equipment is
pressure or lading retaining equipment.
Examples include pressure relief
devices, valves, manway covers, devices
used for loading and unloading, interior
heating coils, and vents.
To address the community of tank car
shippers: PHMSA’s and FRA’s position,
as reflected in the proposed definition,
is that the removal of service equipment
from the tank car and replacement or reinstallation of the service equipment is
a qualification event and triggers the
need for a leakage pressure test (see
§ 180.509(j)) to verify the tank car is leak
tight at the connection. These functions
must be conducted by a tank car facility,
as defined in part 179, because the
service equipment requires a leakage
pressure test to ensure the connection to
the tank car is qualified for its intended
service. A leakage pressure test is a
qualification event and must be
performed by a tank car facility. Any
action that triggers a qualification event
requires a tank car facility to perform
the qualification prior to placing the
tank car into transportation. However, to
be clear, a facility that only operates
service equipment for loading and
unloading purposes is not a tank car
facility.
To address the community of tank car
component manufacturers, repair
facilities and manufacturers: PHMSA’s
and FRA’s position, as reflected in the
proposed definition, is that a facility
that only manufactures, maintains, or
repairs service equipment is not a tank
car facility. The facility that qualifies
the completed tank car for service after
installation of the service equipment is
the tank car facility. The facility that
qualifies the tank car for service is
responsible for ensuring the compliance
of the packaging with the requirements
of part 179, even those functions that
they did not directly perform (e.g.,
manufacturing a valve). The tank car
facility’s QAP must encompass all work
done on the tank car and its components
prior to qualification of the tank car.
Tank car facilities that meet the
proposed revised definition of tank car
facility in § 179.2 must have the
knowledge and skill to ensure
appropriate conformance with the
requirements of parts 179 and 180. As
qualification is the final step in the tank
car manufacturing or maintenance
process, only requiring the facilities that
qualify tank cars (i.e., facilities that have
the ‘‘last touch’’) to have a QAP reduces
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this requirement to a small subset of the
total number of facilities that perform
work related to tank cars, while still
maintaining the high level of safety
under the HMR. PHMSA and FRA
emphasize the scope of the definition of
‘‘qualification’’ remains unchanged.
Therefore, as proposed, tank car
shippers and component suppliers are
not subject to the administrative
burdens associated with the creation
and maintenance of QAPs, unless they
perform qualification activities (e.g.,
removal and replacement of a valve or
other service equipment on a tank car).
PHMSA and FRA emphasize that all
facilities that perform a function subject
to the HMR are responsible for
performing it correctly and in
conformance with all applicable
requirements, regardless of whether
they meet the definition of a ‘‘tank car
facility.’’
Tank car facilities are responsible for
ensuring all material installed onto the
tank car meets the requirements of the
specification and the regulations at the
time the tank car is qualified for service.
PHMSA and FRA understand that longstanding policy in the tank car industry
had required tank car component
manufacturers to maintain AARapproved QAPs. This policy was
confirmed in previously issued (and
since revoked) PHMSA Letters of
Interpretation Reference Nos. 15–0124
and 18–0029. While these letters are no
longer valid, and have not been valid
since 2019, at the time they were
written they aligned with generally
accepted industry practice and
addressed a safety issue created by
production of valves and other tank car
service equipment by unapproved subcontractors without adequate oversight.
As proposed in this NPRM, the facility
that qualifies the tank car for service is
responsible for ensuring the tank car
and all equipment necessary for the tank
car’s operation meets the applicable
requirements of the HMR and any other
applicable standards.
5. Tank Car Facility and Design
Certifying Engineer Registration
As previously discussed, PHMSA and
FRA propose to require that tank car
facilities and tank car DCEs register with
PHMSA prior to conducting regulated
activities. PHMSA and FRA expect that
a registration program for both tank car
facilities and tank car DCEs is a more
efficient alternative for the tank car
industry while providing at least an
equivalent level of safety. Direct
monitoring of registered tank car
facilities and tank car DCEs through site
visits and audits will maintain the
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existing safety standards established in
the HMR.
Therefore, PHMSA, in conjunction
with FRA, proposes to create subpart J
in part 107 for tank car facility and tank
car DCE registration. The creation of a
tank car facility registration program
was agreed to in the RSAC process;
however, PHMSA proposes to
implement the tank car facility
registration program in a format
different than what appears in the RSAC
consensus recommendations. In the
RSAC proposal, the tank car facility
registration was added to the existing
cargo tank facility registration subpart
(i.e., part 107, subpart F). After
reviewing the RSAC proposal, PHMSA
and FRA have determined that it would
be confusing to both the cargo tank and
tank car communities to attempt to
insert tank car-specific facility and DCE
registration language into part 107,
subpart F. PHMSA proposes to place the
tank car facility and tank car DCE
registration requirements in a new
subpart to reduce confusion and
highlight the tank car-specific nature of
these programs. However, some of the
proposed language is similar to the part
107, subpart F requirements for cargo
tanks and cargo tank motor vehicles.
For tank car facilities, PHMSA
proposes to require that each facility, i.e.
each separate physical location with a
unique street address, submit a separate
registration. This will allow PHMSA
and FRA to oversee each facility that
qualifies tank cars more effectively by
establishing the physical addresses and
activities of each facility. Each
registration statement must be signed by
a principal, officer, partner, or employee
of the facility responsible for
compliance with the applicable
requirements of the HMR, certifying
knowledge of those requirements. In
their registration statement, each tank
car facility must list the qualification
functions the tank car facility will
perform and identify the types of DOT
specification or special permit tank cars
they intend to qualify.
For DCEs, PHMSA proposes to require
each person, as defined in § 171.8, who
conducts review of a tank car or service
equipment design must register with
PHMSA. Each engineer employed to
conduct the design reviews must be
individually named in the registration
and will receive a unique, separate
identifier associated with the company’s
DCE registration. If an engineer is
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employed as a DCE to conduct design
reviews of tank cars or service
equipment and begins operating as a
DCE for another company, or as selfemployed, then the engineer must
inform PHMSA and will then receive a
new registration number.
PHMSA also proposes the ability to
modify, suspend, or terminate both tank
car facility and tank car DCE
registrations for cause in new § 107.911.
Further, procedures for a tank car
facility or DCE to follow to request
reconsideration and appeal a decision to
modify, suspend, or terminate a
registration are proposed in new
§§ 107.913 and 107.915, respectively.
Modification, suspension, and
termination determinations for tank car
facility and DCE registrations will be
made by the Associate Administrator for
Safety, FRA. Similarly, requests for
reconsideration must also be submitted
to the Associate Administrator for
Safety, FRA, and appeal of the
reconsideration decision to the FRA
Administrator.
6. AAR Specifications for Tank Cars
Incorporation by Reference
The AAR has developed a
comprehensive industry standard for
the construction and maintenance of
tank cars, the AAR Manual of Standards
and Recommended Practices, Section
C—III, Specifications for Tank Cars,
Specification, M–1002 (AAR
Specifications for Tank Cars). Currently,
§ 171.7 incorporates by reference the
December 2000 edition of the AAR
Specifications for Tank Cars throughout
parts 173 (Shippers-General
Requirements for Shipments and
Packagings), 179 (Specifications for
Tank Cars), and 180 (Continuing
Qualification and Maintenance of
Packagings). In many sections,
especially in part 179, the HMR only
references a specific section, such as an
appendix, of the document. To clarify
the IBR structure of M–1002, the RSAC
agreed to separately list the individual
chapters and appendices of the of AAR
Specifications for Tank Cars in the
HMR’s consolidated IBR section
(§ 171.7). This will clearly denote to the
reader the relevant chapter or appendix
of the document that applies in a
particular section of the HMR. This
change will also provide PHMSA and
FRA greater flexibility when
incorporating by reference future
editions of the standard. For example, if
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PHMSA and FRA do not concur on the
content of a particular chapter or
appendix, it would not prevent other
chapters or appendices from being
incorporated by reference.
The RSAC also agreed to update the
standard from the December 2000
edition to the November 2014 edition.
The 2014 edition of the AAR
Specifications for Tank Cars also
addresses NTSB Safety
Recommendation R–12–007,15 issued
on March 2, 2012. R–12–007
recommends that PHMSA adopt AAR’s
revised design standards for center sill
and draft sill attachments. AAR
redesigned center and draft sill
attachments in response to NTSB Safety
Recommendation R–12–009.16 Chapter
6 of the 2014 edition of the AAR
Specifications for Tank Cars, which is
proposed for adoption into § 179.10,
includes the new sill attachment
standards for newly built tank cars.
Therefore, the proposed IBR update
helps PHMSA address NTSB Safety
Recommendation R–12–007.
This NPRM proposes to update the
IBR of the AAR Specifications for Tank
Cars to the 2014 edition and to
incorporate by reference separately each
relevant chapter and appendix, as
agreed to in the RSAC process. Due to
the proposed removal of AAR’s sole
process for review and approval of tank
car designs, certain appendices and
sections are no longer necessary to IBR.
Several appendices and sections that
require designs and QAPs to be sent to
AAR for approval would no longer be
relevant (see ‘‘Section II.B.2. Tank Car
Design Approval). Therefore, PHMSA
does not propose to IBR Appendix B,
Appendix L, and Appendix U of the
AAR Specifications for Tank Cars into
the HMR.
Additionally, PHMSA proposes to
update the edition of the AAR Manual
of Standards and Recommended
Practices, Section C—II Specifications
for Design, Fabrication and Construction
of Freight Cars, Chapter 5 to the 2011
edition from the 1988 edition, as agreed
in RSAC.
15 See NTSB Safety Recommendation R–12–007:
https://www.ntsb.gov/safety/safety-recs/_layouts/
ntsb.recsearch/Recommendation.aspx?Rec=R-12007.
16 See NTSB Safety Recommendation R–12–009:
https://www.ntsb.gov/safety/safety-recs/_layouts/
ntsb.recsearch/Recommendation.aspx?Rec=R-12009.
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PHMSA proposes to IBR the 2014
edition of the AAR Manual of Standards
and Recommended Practices, Section
C—III, Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars) Chapter 2,
section 2.2.1.2 into § 179.102–3. This
proposed amendment creates an HMR
requirement for shell and head material
Charpy impact testing at time of
manufacture for pressure tank cars that
transport poisonous-by-inhalation
material. Because this requirement has
been in place through AAR interchange
standards since 2005, PHMSA expects
there will be no additional burden
placed on tank car manufacturers. This
proposed IBR also addresses NTSB
Safety Recommendation R–19–001,
which requests that PHMSA promulgate
a final standard for pressure tank cars
used to transport poison inhalation
hazard/toxic inhalation hazard materials
that includes enhanced fracture
toughness requirements for tank heads
and shells.
PHMSA proposes to incorporate by
reference the 2014 edition of the AAR
Manual of Standards and Recommended
Practices, Section C—III, Specifications
for Tank Cars, Specification M–1002
(AAR Specifications for Tank Cars)
Chapter 3, into §§ 173.241, 173.242, and
173.247. Chapter 3 contains the
requirements for manufacturing AAR
specification tank cars. Sections
173.241, 173.242, and 173.247 are the
packaging sections that authorize the
use of AAR specification tank cars.
Currently, these sections reference
specific AAR specification tank cars, but
provide no information as to how these
cars are constructed, or what version of
the AAR Specifications for Tank Cars
they must meet. Incorporating by
reference only Chapter 3 into these
sections ensures that AAR specification
tank cars are manufactured to a standard
that PHMSA and FRA have reviewed
and determined is acceptable for
hazardous materials transportation. If
the specifications of the AAR tank cars
referenced in §§ 173.241, 173.242, and
173.247 are ever changed in a future
edition of the AAR Specifications for
Tank Cars, PHMSA and FRA will need
to review the revised specifications
before authorizing the tank cars for
hazardous material service.
Incorporation by reference of a specific
edition of the AAR Specifications for
Tank Cars in §§ 173.241, 173.242, and
173.247 ensures PHMSA will be able to
review any future changes to the
construction specification prior to
authorizing the new specification for
hazardous materials transportation.
Finally, PHMSA proposes to correct
an error in the HMR and RSAC’s
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proposed IBR text. Currently, the HMR
incorporates by reference the AAR
Manual of Standards and Recommended
Practices, Section C—III, Specifications
for Tank Cars, Specification M–1002
(AAR Specifications for Tank Cars),
Chapter 6, November 2014 in § 179.400–
6. This citation is incorrect; the correct
IBR document for design loads of outer
jackets is AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication
and Construction of Freight Cars,
Chapter 6. Therefore, PHMSA proposes
to IBR Section C—II, Chapter 6 into
§ 179.400–6.
7. Tank Car Linings and Coatings
The HMR prescribes requirements for
the inspection of tank car linings in
§ 180.509(i). On May 22, 2019, the
Railway Supply Institute (RSI)
requested a Letter of Interpretation on
the applicability of the inspection
requirements of § 180.509(i).
Specifically, RSI asked whether linings
and coatings solely used to protect
product purity (i.e., the lining or coating
plays no role in protecting the tank from
corrosion or reactivity) are subject to the
inspection requirements of § 180.509(i).
In Letter of Interpretation Reference
No. 19–0117,17 PHMSA and FRA
provided clarification on inspection
requirements for linings and coatings.
Specifically, the requirements of
§ 180.509(i) apply only to internal tank
car linings and coatings that are applied
to protect the tank from a material that
is corrosive or reactive to the tank. As
noted in the preamble of the final rule
HM–216B, 18 PHMSA and FRA are
aware of incidents where a material was
loaded into a tank car with a defective
or incompatible lining which caused a
reaction with the tank car. In these
instances, the tank lining owners
expected the lining was there to protect
product purity when in fact it served to
protect the tank. It is the responsibility
of the tank lining owner to determine
whether the internal lining or coating is
solely for product purity purposes.
To address confusion on the
applicability of tank car lining and
coating inspections, PHMSA proposes
an editorial revision of the requirements
of § 180.509(i)(1), adding the phrase
‘‘used to transport hazardous materials
corrosive or reactive to the tank’’ to the
second sentence of (i)(1). The proposed
revision clearly indicates that tank car
linings and coatings are only subject to
the inspection requirements of part 180
17 See Letter of Interpretation Reference No. 19–
0117: https://www.phmsa.dot.gov/regulations/
title49/interp/19-0117.
18 77 FR 37962 (Jun. 25, 2012).
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if they are used to protect the tank from
material corrosive or reactive to the
tank. PHMSA expects that this
clarification will improve compliance
with this inspection requirement and
therefore improve safety. PHMSA
requests comment on this proposal.
8. Editorial Revisions to §§ 180.501 and
180.513
Section 180.501 contains the general
requirements for the qualification and
maintenance of tank cars. In this NPRM,
PHMSA proposes to replace the phrase
‘‘owner’s qualification program’’ with
‘‘owner’s qualification and maintenance
program’’ to maintain alignment with
the scope of part 180, subpart F, and the
existing references to ‘‘qualification and
maintenance program’’ in §§ 179.7 and
180.513.
Section 180.513 provides the
requirements to repair, alter, convert,
and modify tank cars. PHMSA, in
conjunction with FRA, adopted this
section into the HMR in HM–216B.
Section 180.513(b) outlines
responsibilities of a tank car facility.
The last sentence in § 180.513(b)
contains wording that does not
communicate the requirement
accurately. Specifically, at the end of
paragraph (b), it currently states, ‘‘a tank
car facility must incorporate the owner’s
Quality Assurance Program into their
own Quality Assurance Program.’’ The
sentence contains an incorrect reference
to an equipment owner’s QAP. Tank car
owners are not subject to the part 179
QAP requirements unless they also
operate a tank car facility. The last
sentence should make a general
reference to a tank car owner’s
qualification and maintenance program
and not a QAP that is required of tank
car facilities. The requirement should
read, ‘‘a tank car facility must
incorporate the owner’s qualification
and maintenance program into their
own Quality Assurance Program.’’
Therefore, PHMSA proposes to replace
the first appearance of the phrase
‘‘Quality Assurance Program’’ in the last
sentence of § 180.513(b) with the phrase
‘‘qualification and maintenance
program.’’
C. Cargo Tank Regulatory Amendments
PHMSA, in conjunction with the
Federal Motor Carrier Safety
Administration (FMCSA), developed
proposed amendments specific to
enhancing safe highway transportation
of hazardous materials. A portion of the
proposed items were initially identified
during two technical information
sessions sponsored by National Tank
Truck Carriers, Inc. (NTTC) and Truck
Trailer Manufacturer’s Association
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(TTMA) in 2005. During these meetings,
PHMSA and FMCSA began developing
a list of issues, concerns, and requests
for clarifications to be considered in a
future rulemaking. Moreover, PHMSA
and FMCSA have identified numerous
advancements in industry practice, as
well as potential safety incidents, over
the course of the past 17 years. This
rulemaking aims to address the safety
concerns raised by industry
stakeholders.
Additionally, PHMSA and FMCSA
continue to review enforcement actions,
letters of interpretation, and information
received from cargo tank manufacturers
and testing facilities, in efforts to
identify appropriate revisions to the
HMR.
D. Cargo Tank Marking for Petroleum
Distillate Fuels
In an advance notice of proposed
rulemaking (ANPRM) HM–213E,19
PHMSA addressed United Nations
identification number (UN ID number)
marking of cargo tank motor vehicles
containing petroleum distillate fuels in
response to a Protecting our
Infrastructure of Pipelines and
Enhancing Safety Act of 2016 (PIPES
Act of 2016) Congressional mandate and
two petitions for rulemaking (P–1667 20
and P–1668 21). The PIPES Act of 2016
mandate stated that ‘‘[n]ot later than 90
days after the date of enactment of this
Act, the Secretary of Transportation
shall issue an [ANPRM] to take public
comment on the petition for rulemaking
85599
dated October 28, 2015, titled
‘Corrections to Title 49 CFR 172.336
Identification numbers; special
provisions’ (P–1667).’’
The central issue addressed in the
HM–213E ANPRM was whether a cargo
tank motor vehicle transporting
different types of petroleum distillate
fuels (e.g., gasoline, diesel fuel,
kerosene, and fuel oil) over the course
of multiple trips should be permitted to
display the UN ID number of the fuel
with the lowest flash point, even when
that fuel is not being transported (e.g.,
display ‘‘1203’’—the UN ID number for
gasoline—when the cargo tank contains
only diesel fuel).
As detailed in table 1, PHMSA
received 14 sets of comments to the
HM–213E ANPRM.
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TABLE 1—HM–213E COMMENTERS AND ASSOCIATED COMMENT DOCKET NUMBERS
Commenter
Docket ID number
American Trucking Association (ATA) ..................................................................................
Anonymous ............................................................................................................................
Commercial Vehicle Safety Alliance (CVSA) ........................................................................
Dangerous Goods Advisory Council (DGAC) .......................................................................
International Association of Fire Chiefs (IAFC) ....................................................................
International Association of Fire Fighters (IAFF) ..................................................................
Josh Torrez ...........................................................................................................................
Kansas Highway Patrol .........................................................................................................
NTTC .....................................................................................................................................
Patriot Tank Lines, Inc. .........................................................................................................
Petroleum Marketers Association of America (PMAA) .........................................................
Public Utilities Commission of Ohio ......................................................................................
Transportation Trades Department, American Federation of Labor and Congress of Industrial Organizations (AFL–CIO).
PHMSA–2016–0079–0012
PHMSA–2016–0079–0003
PHMSA–2016–0079–0009
PHMSA–2016–0079–0010
PHMSA–2016–0079–0008
PHMSA–2016–0079–0011
PHMSA–2016–0079–0002
PHMSA–2016–0079–0005
PHMSA–2016–0079–0006
PHMSA–2016–0079–0004
PHMSA–2016–0079–0013; PHMSA-2016-0079-0014
PHMSA–2016–0079–0007
PHMSA–2016–0079–0015
ATA, CVSA, DGAC, Kansas Highway
Patrol, Patriot Tank Lines, Inc., NTTC,
and PMAA support allowing cargo tank
motor vehicles that deliver multiple
types of petroleum distillate fuels to
display the UN ID number of the fuel
with the lowest flash point, even when
that fuel is not being transported. These
organizations note that materials with a
lower flash point generally have a
higher flammability hazard, and
therefore, conclude that marking the UN
ID number of a lower flash point
material would not increase risks in
transportation. Additionally, these
commenters note that the Emergency
Response Guidebook (ERG) emergency
response procedures are nearly identical
for UN1203 (gasoline) and UN1202/
NA1993 (diesel fuel, fuel oil), and
marking of a cargo tank with ‘‘1203’’
even when it only contains diesel fuel
has been a safe industry practice for
decades. PHMSA also notes that for
other petroleum distillate fuels—such as
19 81
FR 83190 (Nov. 21, 2016).
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UN1223 (kerosene)—the ERG also
directs the reader to the same response
procedures for UN1203 and UN1202/
NA1993. Lastly, the commenters note
that switching the UN ID number before
every trip to reflect the material
transported in the cargo tank at the time
would increase the time per trip and
costs for fuel distributors.
The IAFC, IAFF, Public Utilities
Commission of Ohio, and
Transportation Trades Department of
the AFL–CIO do not support allowing
cargo tank motor vehicles that deliver
multiple types of petroleum distillate
fuels to display the UN ID number of the
fuel with the lowest flash point, even
when that fuel is not being transported.
These commenters state that emergency
responders would treat an incident—
including clean-up and spill
mitigation—involving diesel fuel
differently from gasoline, and the use of
the gasoline ‘‘1203’’ marking in place of
the diesel fuel ‘‘1202’’ or ‘‘1993’’
increases confusion and decreases
response effectiveness. Specifically, first
responders may use the presence (or
lack) of a fire and communicated hazard
to determine the potential dangers of the
fuel in the immediate aftermath of an
accident. Because ‘‘1203’’ signifies a
material with a lower flashpoint than
‘‘1202’’ or ‘‘1993’’ is present on the
vehicle, the absence of a fire signifies
that there may not be a fire hazard.
However, when the higher flashpoint
material is present, but only the lower
flash point material is communicated on
the vehicle, the absence of a fire may
create a false sense of security for
emergency responders, as they would be
unaware that the fuel in the tank or
spilled on the ground had not yet
reached the higher flash temperature for
diesel fuel.
PHMSA conducted a thorough review
of the regulatory history related to the
UN ID number marking requirements for
petroleum distillate fuels in cargo tanks
20 See petition for rulemaking P–1667: https://
www.regulations.gov/document?D=PHMSA-20150219-0001.
21 See petition for rulemaking P–1668: https://
www.regulations.gov/document?D=PHMSA-20150251-0001.
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and concludes the origin of the
confusion on this issue dates to final
rule HM–118.22 In HM–118, RSPA
added new hazard marking sections
including § 172.332 for requirements on
the display of UN ID numbers, § 172.334
for the prohibited display of UN ID
numbers, and § 172.336 for special
provisions and exceptions of UN ID
numbers. In § 172.336, RSPA added two
exceptions for the marking of UN ID
numbers for a cargo tank transporting
liquid distillate fuels, which read as
follows:
(c) Identification numbers are not required
—
*
*
*
*
*
(4) For different liquid distillate fuels,
including gasoline, in a compartmented cargo
tank or tank car, if the identification number
is displayed for the distillate fuel having the
lowest flash point.
(5) For each of the different liquid distillate
fuels, including gasoline, transported in a
cargo tank, if the identification number
displayed is for the liquid distillate fuel
having the lowest flash point.
*
*
*
*
*
In the final rule preamble,23 RSPA
described the intent of the exception in
§ 172.336(c)(5) as:
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Paragraph (c)(5) provides for display of the
identification number of the liquid distillate
fuel having the lowest flash point of any
liquid distillate fuel carried in a cargo tank.
This provision will eliminate the need for
continuous changes in identification
numbers in many operations where gasoline
and fuel oil are transported in the same cargo
tank on different trips during the same day.
While RSPA stated that the intent of
this exception would address moving
gasoline and other petroleum distillate
fuels in the same cargo tank on different
trips on the same day, this was not
reflected in the regulatory text.
Although the time frame for use of this
exception was not explicitly written in
the regulatory text, the preamble
language makes it is clear that the
exception in § 172.336(c)(5) was not
limited to multi-compartmented tanks
carrying multiple petroleum distillate
fuels at the same time. Specifically, if
§ 172.336(c)(5) only applied to
compartmented cargo tanks that
transported multiple liquid distillate
fuels at the same time, § 172.336(c)(4)
would be duplicative. Therefore,
PHMSA concludes that RSPA intended
§ 172.336(c)(5) to authorize a cargo tank
to display the UN ID number of the
petroleum distillate fuel with the lowest
flash point transported in that cargo
tank on different trips within the same
day, and not based on each individual
trip.
Furthermore, RSPA’s intent of this
regulatory exception was reiterated in
1996 and 2000, with Letter of
Interpretation Reference Nos. 96–0079
and 00–0208. In these interpretation
letters, RSPA clearly stated that the
exception in § 172.336(c)(5) allowed
cargo tanks that previously transported
gasoline (UN1203) and were
subsequently transporting only diesel
fuel (NA1993/UN1202) to be marked
with ‘‘1203.’’
As discussed in the HM–213E
ANPRM, § 172.336(c)(5) was updated in
1987 and 2008 to address specific
concerns related to increased ethanol
content in certain fuels that required
different emergency response
procedures, but the basic structure of
the paragraph was not changed. Further,
in 2013, PHMSA published final rule
HM–219,24 which amended the HMR in
response to various petitions for
rulemaking. In HM–219, PHMSA
removed the reference to ‘‘gasohol’’ in
§ 172.336, as the Hazardous Materials
Table (HMT) entry for this material was
removed in 2008. In addition, PHMSA
replaced §§ 172.336(c)(1)–(6) with a
table to ‘‘more clearly indicate hazard
communication requirements.’’ In this
new table, PHMSA added paragraphs
(c)(1)–(3) and (c)(6) as individual entries
but combined the language in
paragraphs (c)(4) and (5) into a single
entry. The impact of combining the
provisions of paragraphs (c)(4) and (5)
was that the historical context for the
original meaning of paragraph (c)(5) was
lost. As this revision in HM–219 was an
attempt at clarification, it was not
PHMSA’s intent to change the
exceptions substantively for marking of
UN ID numbers on cargo tanks.
On June 26, 2015, PHMSA published
an additional Letter of Interpretation
Reference No. 14–0178.25 In the
incoming letter, the requester asserted
that § 172.336(c) stated clearly that if a
cargo tank is transporting multiple
liquid petroleum distillate fuels, it may
be marked with the UN ID number of
the fuel with the lowest flash point. The
requester asked if a cargo tank is
transporting only diesel fuel (NA1993),
is it authorized to continue displaying
the UN ID number for gasoline
(UN1203) even though gasoline was no
longer present. As the regulations no
longer clearly indicated that this
continued to be an acceptable practice,
in the response, PHMSA stated that a
FR 14702 (Mar. 7, 2013).
Letter of Interpretation Reference No. 14–
0178: https://www.phmsa.dot.gov/regulations/
title49/interp/14-0178.
24 78
25 See
22 45
FR 74640 (Nov. 10, 1980).
23 45 FR 74647 (Nov. 10, 1980).
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cargo tank transporting only diesel fuel
could not be marked with the UN ID
number for gasoline because the
gasoline was no longer present.
As previously discussed, in HM–219,
it was not PHMSA’s intent to remove
the longstanding exception that allowed
a cargo tank transporting more than one
petroleum distillate fuel in different
trips to display the UN ID number for
the petroleum distillate fuel with the
lowest flash point. Although, PHMSA
recognizes that there may be safety
concerns associated with this practice,
as noted by commenters to the HM–
213E ANPRM, PHMSA has not received
specific information describing
instances in which this marking
exception has increased risks in
transportation. Therefore, PHMSA
proposes to revise the § 172.336(c) table,
to authorize display of the UN ID
number of the petroleum distillate fuel
with the lowest flash point transported
in a cargo tank in different trips on the
previous or current business day. This
proposal aligns with the original intent
of § 172.336(c)(5), and addresses the
operational concerns identified by
commenters to the HM–213E ANPRM.
In addition, this proposal generally
aligns with the requirements of DOT–SP
21104,26 which was issued on
November 11, 2020, and further
modified on February 26, 2021. DOT–SP
21104 currently allows for the
transportation of gasoline, diesel fuel,
kerosene, and fuel oil in a cargo tank
motor vehicle marked with the UN ID
number ‘‘1203’’ as long as gasoline had
been transported in the cargo tank
during the previous or current business
day. PHMSA is unaware of any safety
issues associated with DOT–SP 21104.
Although ‘‘different trips on the same
day’’ was not defined in HM–118,
PHMSA proposes that this provision
apply when the petroleum distillate fuel
with the lowest flash point is
transported on the cargo tank motor
vehicle during the previous or current
business day. As previously mentioned,
this proposal aligns with the time frame
currently authorized in accordance with
DOT–SP 21104. As proposed, PHMSA
considers a ‘‘business day’’ to mean a
day that the operator of the cargo tank
motor vehicle is open and operating in
commerce. Therefore, if a cargo tank
carrying gasoline is unloaded and
subsequently filled with a fuel with a
higher flash point, ‘‘1203’’ may only
continue to be displayed on the cargo
tank for that day and the following day
that the operator is open and operating.
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26 See DOT–SP 21104: https://
www.phmsa.dot.gov/hazmat/documents/offer/
SP21104.pdf/2021014464/SP21104.
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To ensure compliance with this
requirement, PHMSA anticipates the
use of shipping paper records (see
§ 177.817(f)) to verify which petroleum
distillates were transported in the cargo
tank during the previous or current
business day. PHMSA requests
comment on the functionality of this
proposed exception for the previous or
current business day of petroleum
distillate fuels.
In this new entry in the § 172.336(c)
table, PHMSA also proposes to include
specific requirements when transporting
gasoline and alcohol fuel blends
consisting of more than 10% ethanol.
Specifically, due to different emergency
response procedures for liquid
petroleum distillate fuels containing
more than 10% ethanol and as currently
required in the fifth row in the
§ 172.336(c) table, PHMSA proposes
that if the cargo tank contains gasoline
and alcohol fuel blends consisting of
more than 10% ethanol, the UN ID
number ‘‘3475’’ or ‘‘1987,’’ as
appropriate, must be displayed.
Additionally, the UN ID numbers
‘‘3475’’ or ‘‘1987’’ may only be
displayed if a gasoline and alcohol fuel
blend consisting of more than 10%
ethanol is present in the cargo tank
during transportation. This means that
‘‘3475’’ or ‘‘1987’’ may not be displayed
even if it is the lowest flash point
petroleum distillate fuel and the cargo
tank transported the fuel in a different
trip on the previous or current business
day. Therefore, if the lowest flash point
liquid petroleum distillate fuel
transported in the cargo tank in different
trips on the previous or current business
day is a gasoline and alcohol fuel blend
consisting of more than 10% ethanol—
and this material is not present in the
cargo tank for that trip—the carrier must
display the UN ID number of either the
next lowest flash point liquid petroleum
distillate fuel carried in a different trip
on the previous or current business day
or the liquid petroleum distillate fuel
currently being transported in the cargo
tank.
Additionally, as an accompanying
amendment, PHMSA proposes to revise
the fifth row of the § 172.336 table to
specify that the exception provided in
that row only apply to compartmented
cargo tanks or compartmented tank cars.
This proposed change distinguishes a
compartmented cargo tank (or tank car)
transporting more than one petroleum
distillate fuel in the same trip (fifth row)
from a cargo tank transporting more
than one petroleum distillate fuel in
different trips on the current or previous
business day (sixth row). This clearly
distinguishes the marking exception
that applies to a compartmented tank
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that transport multiple fuels of differing
flashpoints at one time, and the
exception that applies to a cargo tank
(single or multi-compartment) that is
used to transport fuels of differing
flashing points during the course of
business on current or previous
business day.
PHMSA requests comments related to
specific, articulable safety or cost
concerns associated with this proposed
amendment. PHMSA notes that for
NA1993, UN1202, UN1203, UN1223,
and other petroleum distillate fuels, the
ERG directs the reader to the same guide
page for initial emergency response
measures, and PHMSA further requests
information from emergency responders
describing how emergency response
would differ for an accident involving a
cargo tank motor vehicle marked
‘‘1993,’’ ‘‘1202,’’ ‘‘1203,’’ ‘‘1223,’’ or
another UN ID number associated with
a petroleum distillate fuel. Finally,
PHMSA requests information on any
known incidents where emergency
response was impacted negatively due
to a cargo tank motor vehicle displaying
‘‘1203’’ when it was transporting a
petroleum distillate fuel with a higher
flash point.
E. P–1712
In petition for rulemaking P–1712,27
the Chlorine Institute (CI) requested
PHMSA delete § 173.315(i)(13) from the
HMR. This change would remove the
requirement to install Crosby pressure
relief devices (PRDs) on chlorine cargo
tanks, thus providing flexibility by
authorizing the use of alternative PRDs
meeting the requirements of
§ 173.315(i). The petition for rulemaking
also outlined the current use of the
Midland PRD on chlorine cargo tanks
under the authority of DOT–SPs 9694
and SP–10457. CI noted that the
Midland PRD meets the requirements in
§ 173.315(i) and is incorporated in CI’s
Pamphlet 49, ‘‘Recommendation
Practices for Handling Chlorine Bulk
Highway Transporters.’’ Furthermore, in
their petition for rulemaking, CI notes
that since the requirement was
established in § 173.315(i), Midland
Manufacturing entered the chlorine PRD
market. This expanded market was
reflected in CI Pamphlet 49, but it was
not reciprocated in the HMR, except by
special permit.
After reviewing this petition for
rulemaking, PHMSA proposes to allow
use of the Midland PRD under
§ 173.315(i) but does not propose to
delete the specific limitations on the
type of PRD authorized. PHMSA will
27 See petition for rulemaking P–1712: https://
www.regulations.gov/docket?D=PHMSA-2018-0022.
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85601
continue to work with CI to develop
generally applicable specifications for
PRDs used on cargo tanks transporting
inhalation hazards. Therefore, for the
purpose of this rulemaking, PHMSA
only considered the inclusion of the
PRD specifications that are already
outlined in CI Pamphlet 49 and we do
not propose the deletion of
§ 173.315(i)(13) in its entirety. Instead,
PHMSA proposes to revise § 173.315(i)
to specify that the PRD on a chlorine
cargo tank must conform to one of the
drawings in CI Pamphlet 49, which
would allow for the use of the Midland
PRD in addition to the Crosby PRD.
PHMSA expects that this will provide
for additional regulatory flexibility in
selection of a PRD while maintaining
the current level of safety.
F. P–1724
In petition for rulemaking P–1724,28
the Greenbrier Companies requested
PHMSA revise § 179.100–12 to allow for
an alternative means of connecting the
manway protection housing to the tank
car. Currently, the HMR require the
protective housing that shields the
valves and fittings on top of pressure
cars to be bolted to the manway cover.
The petition for rulemaking asks that
the connection be alternatively made
between the protective housing and the
manway reinforcing pad. This
alternative allows the protective
housing to be bolted to a flange
connected to the manway reinforcing
pad with not less than twenty 3⁄4-inch
studs. After reviewing the petition for
rulemaking, PHMSA agrees there is
merit in making this proposed revision
as it will provide regulatory flexibility
without reducing the safety of attaching
the manway protection housing to a
tank car. This alternative method is
currently only authorized in DOT–SPs
14832 and 20607. Therefore, PHMSA
proposes to revise § 179.100–12 to
permit the use of an alternative means
of connecting the manway protection
housing to the tank car.
G. P–1735
In petition for rulemaking P–1735,29
TTMA requested PHMSA amend
§§ 173.33(d)(3) and 180.405(h)(3) to
remove requirements referring to the
venting capacity of the original
specification for the MC cargo tank
motor vehicles with upgraded pressure
relief valves.
After reviewing this petition for
rulemaking, PHMSA agrees with the
28 See petition for rulemaking P–1724: https://
www.regulations.gov/docket?D=PHMSA-2018-0111.
29 See petition for rulemaking P–1735: https://
www.regulations.gov/docket?D=PHMSA-2019-0132.
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position of the petitioner regarding the
error made in the preamble in final rule
HM–218H,30 but does not agree that a
regulatory change to §§ 173.33(d)(3) and
180.405(h)(3) is necessary. In final rule
HM–218H, PHMSA responded to a
number of appeals to the final rule. In
the preamble, PHMSA incorrectly stated
that the PRD set pressure must be to the
original specification when upgrading
or modifying the PRDs on a MC 300
series cargo tank motor vehicle. PHMSA
has previously and subsequently
addressed this issue via letters of
interpretation and clarified that the
upgraded or modified PRD on a MC 300
series cargo tank motor vehicle must
meet all requirements of § 178.345–10,
including set pressure (see Letters of
Interpretation Reference Nos. 16–0183
and 18–0118). As such, while PHMSA
agrees with the position of the
petitioner, PHMSA finds that no
amendments are necessary as the
petition for rulemaking was predicated
on the incorrect language included in
the preamble to HM–218H.
III. Overview
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A. Rail
PHMSA, in conjunction with FRA,
proposes numerous revisions to the
HMR related to transportation of
hazardous materials by rail. These
proposed revisions will provide greater
clarity for hazardous materials rail
carriage requirements and remove
regulatory barriers to efficient operation
without diminishing safety. PHMSA
proposes the following amendments:
Related to the proposed amendments
offered by RSAC (see ‘‘Section II.A.
RSAC’’ for additional discussion),
PHMSA proposes:
• In § 171.7, update the IBR of the
AAR Manual of Standards and
Recommended Practices, Section C—
Part III, Specifications for Tank Cars,
Specification M–1002, (AAR
Specifications for Tank Cars), to the
November 2014 edition from the 2000
edition;
• In § 171.7, separate the IBR of the
AAR Manual of Standards and
Recommended Practices, Section C—
Part III, Specifications for Tank Cars,
Specification M–1002 into its
component chapters and appendices,
except for Appendix B, Appendix L,
and Appendix U, as discussed in
‘‘Section II.B.6. AAR Specifications for
Tank Cars Incorporation by Reference’’;
• In § 171.7, update the edition of the
AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication
30 83
FR 28162 (Jun. 18, 2018).
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and Construction of Freight Cars,
Chapter 5 to the 2011 edition from the
1988 edition;
• In § 172.101, editorially revise the
description of Column 9A ‘‘Passenger
aircraft/rail’’ to clarify the meaning for
rail transportation;
• In § 172.820, add an exception for
route planning for circumstances where
no practicable alternative route exists;
• In § 173.31(d), add requirements for
tank car closure instructions;
• In § 173.31(g), clarify securement
requirements for tank car loading and
unloading;
• In § 174.9, revise the safety and
security inspection requirements;
• In § 174.14, add exceptions to the
requirement for tank car movements to
be expedited for certain unavoidable
delays;
• Remove and reserve § 174.16,
because the requirements for removal
and disposition of certain explosives are
obsolete;
• Remove and reserve § 174.20
because the reporting to the Bureau of
Explosives for local and carrier
restrictions is unnecessary;
• In § 174.24, clarify requirements for
providing shipping papers to an
authorized official;
• In § 174.50, revise the OTMA
requirements to align with current FRA
policy;
• In a new § 174.58, clarify the
meaning of ‘‘extent practicable’’ as used
in the § 171.8 definition of residue;
• In § 174.59, revise requirements for
replacing lost placards;
• In § 174.63, make editorial revisions
and expand the types of packages and
materials eligible for COFC and TOFC
service without an approval from FRA;
• In § 174.67, revise the transloading
requirements to create a performancebased system, rather than the current
prescriptive requirements;
• In Appendix B to part 179, revise
the torch and pool fire testing
provisions to improve industry
understanding of the requirements; and
• In § 180.503, revise the definitions
of tank car owner, coating/lining owner,
and service equipment owner to more
accurately reflect the complex business
arrangements commonly in use.
Related to AAR delegated authority
amendments (see ‘‘Section II.B. AAR
Authority to Approve the Design of
Tank Cars and Approve Quality
Assurance Programs’’ for additional
discussion), PHMSA proposes:
• In a new subpart J in part 107, add
tank car facility and tank car DCE
registration, with the ability to modify,
suspend, or terminate the registration
for cause;
• In §§ 107.1, 107.105, and 107.701,
revise procedural requirements to
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accommodate the proposed new subpart
J;
• In § 171.7, incorporate by reference
AAR Manual of Standards and
Recommended Practices, Section C—
Part III, Specifications for Tank Cars,
Specification M–1002 Chapter 3 into
§§ 173.241, 173.242, and 173.247;
• In § 171.8, revise the definition of
Design Certifying Engineer to create a
parallel definition for tank car DCEs;
• In § 179.2, revise the definitions for
approved and tank car facility and add
definitions for component and tank car;
• In § 179.2, add introductory text to
indicate that terms defined in § 180.503
also apply to part 179 to address
confusion with defined terms in these
related regulatory parts;
• In § 179.3, remove the requirement
for AAR TCC approval of tank car and
service equipment designs, and replace
it with approval by a DCE;
• In § 179.4, revise the process for
designing and seeking approval of a
design of a new tank car specification;
• In § 179.5, remove the tank car
certification of construction requirement
and replace it with a Design Approval
Certificate (DAC). PHMSA also proposes
to describe the information that must be
included in a DAC for both tank cars
and service equipment;
• In § 179.6, indicate that AAR
approval is no longer required for
repairs;
• In § 179.7, remove the requirement
for AAR approval of the QAP and make
revisions intended to clarify the intent
of the applicability of the QAP
requirement;
• In § 179.11, add a reference to AAR
Specifications for Tank Cars in
Appendix W, except section 1.2, for
welding requirements;
• In § 179.24, remove reference to
AAR Form 4–2 in conformance with the
replacement of the certificate of
construction with the DAC;
• Throughout the HMR, including
§§ 172.102, 173.31, and 173.314, and
parts 179–180, remove all references to
approval by AAR and replace with a
reference to an approval by a DCE;
• In part 179, indicate that
compliance with paragraph 1.2 of
Appendix W of the AAR Specifications
for Tank Cars is not required;
• In §§ 179.100–9, 179.200–10, and
179.220–10, remove the sentence
requiring that welding procedures,
welders, and fabricators be approved;
• In §§ 179.220–15 and 179.400–13,
remove the requirement for design
approval for tank cushioning systems;
• In § 179.400–6, correct an editorial
reference to the incorrect IBR material;
• In §§ 179.500–17 and 179.500–18,
revise recordkeeping requirements to
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remove obsolete references to the
Bureau of Explosives;
• In § 180.501, replace ‘‘owner’s
qualification program’’ with ‘‘owner’s
qualification and maintenance program’’
to maintain alignment with the scope of
part 180, subpart F, and the other
references to ‘‘qualification and
maintenance program’’ in §§ 179.7 and
180.513;
• In § 180.503, revise the definitions
for maintenance, modification,
qualification, and service equipment;
• In § 180.509(i), clarify the
inspection requirements for linings and
coatings;
• In § 180.513, revise the
responsibilities of tank car owners; and
• In § 180.517, revise the section to
reflect the removal of the certificate of
construction and its replacement with
the DAC.
Related to PHMSA initiated editorial
clarification, PHMSA proposes to:
• In § 174.81, revise explosive
segregation requirements to align with
current highway and vessel
requirements.
Related to NTSB Safety
Recommendation R–19–001, PHMSA
proposes to:
• In § 171.7, incorporate by reference
AAR Specifications for Tank Cars
Chapter 2, section 2.2.1.2 into
§ 179.102–3 to require Charpy impact
testing for shell and head material of
pressure tank cars used for poisonousby-inhalation material.
Related to NTSB Safety
Recommendation R–12–007, PHMSA
proposes to:
• In § 179.10, incorporate by
reference AAR Specifications for Tank
Cars Chapter 6, to require compliance
with AAR’s redesigned center and draft
sill attachment requirements.
B. Highway
PHMSA, in conjunction with FMCSA,
proposes numerous revisions to the
HMR related to transportation of
hazardous materials by highway (i.e.,
motor vehicle). PHMSA expects these
proposed revisions to enhance the safe
transportation of hazardous materials by
highway while providing greater clarity
and regulatory flexibility. In addition to
various other revisions to the HMR,
PHMSA proposes the following
amendments:
• In part 107, subpart F, revise the
registration requirements to allow for
electronic submission procedures;
• In part 107 subpart F, create cargo
tank facility modification, suspension,
and termination procedures;
reconsideration of modification,
suspension, and termination
procedures; and appeal of modification,
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suspension, and termination
procedures;
• In § 171.7, revise editorially the
ASTM D 1838–64 IBR document to
include reference to the 1968 reapproval
date;
• In § 171.7, update the Compressed
Gas Association (CGA) Technical
Bulletin P–26 (formerly TB–2) IBR
document to the 1997 edition;
• In § 171.7, replace current
incorporation by reference of CI
drawings with the entire CI Pamphlet
49, which would include the use of the
Midland Type PRD for chlorine cargo
tank in § 173.315;
• In the § 172.336(c) table, add a sixth
row to specify that a cargo tank may
display the UN ID number of the
petroleum distillate fuel with the lowest
flash point transported in different trips
on the previous or current business day,
except for gasoline and alcohol fuel
blends with more than 10% ethanol;
• In §§ 173.150(f)(3)(viii) and
177.837(c), require bonding and
grounding when preparing to transfer or
transferring a combustible liquid, or a
flammable liquid reclassified as a
combustible liquid, from a cargo tank
motor vehicle, in addition to the current
requirements for flammable liquids;
• In § 177.816(c) and (d), clarify the
use of tank vehicle endorsement or
hazardous materials endorsement
training to fulfill the hazardous
materials training requirements of
§§ 172.704 and 177.816;
• In § 177.835, clarify that a
multipurpose bulk truck may not be
used in combination with any cargo
tank that is required to be marked or
placarded under § 177.823;
• In § 177.840, clarify that the
requirements apply to external selfclosing stop valves in addition to the
current requirement of internal selfclosing stop valves;
• In § 178.320, revise definitions for
cargo tank, cargo tank motor vehicle,
and minimum thickness and add
definitions for: cargo tank motor vehicle
certification date, component, flexible
connector, lading retention system,
lining, name plate, original test date,
sacrificial device, shear section, and
specification plate;
• In § 178.337–1(d), allow the use of
other external coverings besides paint;
• In §§ 178.337–8, 178.338–11, and
178.345–11, specify that mechanical
means of remote closure for manual
operation must not be obstructed to
prevent access to or operation of remote
means of closure in an emergency;
• In §§ 178.337–10 and 178.338–10,
clarify that the exception in § 393.86 for
wheels back vehicles does not apply;
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• In §§ 178.337–17 and 178.338–18,
revise the specification plate attachment
requirement so that the specification
plate must be permanently attached to
the cargo tank or its integral supporting
structure, instead of the cargo tank
motor vehicle chassis rail;
• In §§ 178.337–18 and 178.338–19,
specify that when the cargo tank motor
vehicle is brought into full compliance,
the specification plate is marked with
the cargo tank motor vehicle
certification date;
• In § 178.338–19, revise the
certification language so that it more
closely mirrors certification language for
other DOT specification cargo tank
motor vehicles;
• In § 178.345–1, remove definitions
that are also defined in § 178.320;
• In § 178.345–14, clarify that when
there is no limit for the maximum
loading or unloading rate in gallons per
minute, the specification mark may be
marked ‘‘NONE’’ or ‘‘OPEN MH’’;
• In § 180.403, add definitions for
cargo tank maintenance, certification
plate, objectively reasonable and
articulable belief, and set pressure, and
revise the definition of repair;
• In a new paragraph in
§ 180.405(b)(3), provide instruction on
the replacement of cargo tank and cargo
motor vehicle specification plates;
• In a new § 180.407(a)(7), specify
that all equipment and instruments used
to test cargo tanks must be calibrated,
with appropriate documentation, in
accordance with the manufacturer’s
instructions;
• In a new § 180.407(a)(8), allow for
the use of video cameras or video optics
equipment for any inspection or test;
• In a new § 180.407(a)(9), require
that cargo tank motor vehicle pressure
tests conducted tested at a pressure
higher than 50 psi be done with the
hydrostatic method, except for DOT
Specification MC 338 cargo tanks used
to transport cryogenic liquid;
• In a new § 180.407(a)(10), require
that the Registered Inspector consult
with the owner or motor carrier, as
appropriate, to determine if materials
corrosive or reactive to the cargo tank or
its components were transported in the
cargo tank motor vehicle since the last
test or inspection, and ensure that the
proper tests and inspections, along with
suitable safeguards, are used;
• In a new § 180.407(a)(11), require
that all sources of spark, flame, or
glowing heat within the area in which
the tests and inspections are conducted
are extinguished, made inoperable, or
rendered explosion-proof prior to all
functions that are performed;
• In § 180.407(b), include ‘‘bulges’’ in
the list of conditions that may render a
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cargo tank unsafe for hazardous
materials service;
• In § 180.407(b)(5), replace
‘‘reasonable doubt’’ with ‘‘objectively
reasonable and articulable belief’’ to
create a more consistent standard
describing those circumstances in
which a cargo tank—or series of cargo
tanks—may be required to be tested and
inspected outside of the normal test and
inspection interval;
• In § 180.407(d)(2)(i), specify that the
tank shell and head must be evaluated
in accordance with § 180.411 and that
during inspection of the cargo tank shell
and heads, all pad attachments on either
the cargo tank shell or head shell shall
be inspected for method of attachments;
• In §§ 180.407(d)(2)(ix) and
(g)(1)(iii), add an exception that the
upper coupler must be removed if there
are obstructions immediately above the
cargo tank shell that prevent the upper
coupler from being directly inspected;
• In a new paragraph § 180.407(d)(7),
add inspection and maintenance
requirements for external ring stiffeners
installed on a cargo tank motor vehicle
constructed of metal other than mild
steel or high-strength low-alloy steel;
• In a new paragraph § 180.407(d)(8),
clarify inspection and verification
requirements for welded repairs;
• In § 180.407(f)(2), add
documentation requirements for linings
from the lining manufacturer or
installer;
• In § 180.407(f)(3), add a
requirement that when the degraded or
defective areas of the cargo tank lining
are repaired or if the lining is replaced,
it must comply with lining
manufacturer or installer procedures;
• In § 180.407(h)(4), specify that the
test pressure of the delivery hose
assembly must be at least 80 percent of
the Maximum Allowable Working
Pressure (MAWP) of the cargo tank;
• In § 180.407(i)(4)(v), specify that
thickness testing must be performed on
areas around shell reinforcements,
including evenly distributed areas
around all ring stiffeners and those areas
in the bottom half of the cargo tank;
• In § 180.407(i)(6)(i), specify that the
supplemental Certificate of Compliance
that includes the minimum thickness
issued by the DCE must be provided to
the CTMV owner;
• In a new § 180.409(a)(4), clarify that
the person performing or witnessing the
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inspections and tests must meet the
training requirements of part 172
subpart H;
• In the § 180.411(b) list, include
bulges as an additional condition
requiring evaluation;
• In new § 180.411(h), specify
conditions requiring removal from
service and methods in which a cargo
tank motor vehicle can be returned to
service;
• In new § 180.411(i), specify that
when required, emergency discharge
control systems on a DOT Specification
MC 330, MC 331, or a non-specification
cargo tank motor vehicle operating
under the provisions of § 173.315(k)
must be present and functioning before
passing any test or inspection; and
• In § 180.415(b), require that, unless
already marked, the cargo tank
registration number of the cargo tank
facility performing the test or inspection
must be marked on the cargo tank.
C. Vessel
PHMSA proposes several revisions to
the requirements for transporting
hazardous materials by vessel. These
proposals are intended to increase
transportation efficiency, increase
harmonization with the International
Maritime Dangerous Goods (IMDG)
Code, and editorially revise the HMR
while maintaining the high level of
safety of vessel transport. The following
proposals were developed in
conjunction with the United States
Coast Guard (USCG):
• In § 171.23(b)(5) and (b)(5)(iii),
revise requirements for communicating
the presence of hazardous substances by
clarifying that only non-bulk packages
are required to be marked with the
letters ‘‘RQ’’ (to signify a reportable
quantity), and the name of the
hazardous substance, consistent with
§ 172.324;
• In new § 172.504(b)(2), remove the
authorization to use the
‘‘DANGEROUS’’ placard for vessel
transportation to reduce confusion and
delays;
• In part 176, editorially revise the
office identifier of the Coast Guard
Commandant for Operating and
Environmental Standards to the
identifier for the Office of Design and
Engineering Standards;
• In § 176.84(a), clarify editorially
that hazardous materials transported in
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accordance with a limited quantity
exception are not subject to the stowage
codes assigned by Column (10B) of the
§ 172.101 Table; and
• In § 176.905, add an exception for
vehicles stored onshore incidental to
vessel transportation to align with
similar exceptions offered to highway
and rail transportation of vehicles.
D. Multi-Modal
PHMSA proposes several revisions
that affect multiple modes of
transportation. These proposals enhance
safe transportation of hazardous
materials and were developed in
conjunction with the FRA, FMCSA, and
USCG. Proposals include:
• In § 171.22(f)(4), clarify
requirements for providing hazardous
material shipping paper information
during inspections;
• In § 172.102, revise special
provision 13 to identify more clearly
that security plan requirements apply;
• In the § 172.336(c) table, more
clearly identify that the exception in the
fifth row of the table applies only to
compartmented cargo tanks or tank cars
carrying more than one petroleum
distillate fuel;
• In § 172.704(e)(1), provide an
exception (including an editorial
correction) for hazmat employees who
manufacture, repair, modify,
recondition, or test packagings, and who
do not perform any other function, from
security awareness training
requirements;
• In Appendix C to part 172, revise
the recommended placard holder
dimensions to be consistent with the
current placard size requirements, and
in § 172.516(d), clarify that the current
placard holder is an authorized placard
holder; and
• In § 173.159(e), clarify that wet
batteries must be loaded or braced to
secure the batteries against shifting
while in transportation and require that
the offeror ensure that persons loading
the batteries have knowledge of the
conditional provisions for exceptions
from the general requirements of the
HMR.
IV. Section-by-Section Review
The following table identifies the
sections and mode(s) of transportation
affected by the proposed changes in this
NPRM.
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TABLE 2—SECTIONS AFFECTED BY
THIS NPRM
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Section affected
§ 107.1 .......................
§ 107.105 ...................
§ 107.502 ...................
§ 107.503 ...................
§ 107.505 ...................
§ 107.506 ...................
§ 107.507 ...................
§ 107.701 ...................
§ 107.901 ...................
§ 107.903 ...................
§ 107.905 ...................
§ 107.907 ...................
§ 107.909 ...................
§ 107.911 ...................
§ 107.913 ...................
§ 107.915 ...................
§ 171.6 .......................
§ 171.7 .......................
§ 171.8 .......................
§ 171.22 .....................
§ 171.23 .....................
§ 172.101 ...................
§ 172.102 ...................
§ 172.303 ...................
§ 172.328 ...................
§ 172.336 ...................
§ 172.504 ...................
§ 172.516 ...................
§ 172.704 ...................
§ 172.820 ...................
Appendix C to Part
172.
§ 173.31 .....................
§ 173.150 ...................
§ 173.159 ...................
§ 173.241 ...................
§ 173.242 ...................
§ 173.247 ...................
§ 173.314 ...................
§ 173.315 ...................
§ 173.320 ...................
§ 174.9 .......................
§ 174.14 .....................
§ 174.16 .....................
§ 174.20 .....................
§ 174.24 .....................
§ 174.50 .....................
§ 174.58 .....................
§ 174.59 .....................
§ 174.63 .....................
§ 174.67 .....................
§ 174.81 .....................
§ 176.2 .......................
§ 176.84 .....................
§ 176.340 ...................
§ 176.905 ...................
§ 177.801 ...................
§ 177.804 ...................
§ 177.816 ...................
§ 177.835 ...................
§ 177.837 ...................
§ 177.840 ...................
§ 177.841 ...................
§ 178.320 ...................
§ 178.337–1 ...............
§ 178.337–2 ...............
§ 178.337–3 ...............
§ 178.337–8 ...............
§ 178.337–9 ...............
§ 178.337–10 .............
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TABLE 2—SECTIONS AFFECTED BY
THIS NPRM—Continued
Mode of
transportation
Rail.
Rail.
Highway.
Highway.
Highway.
Highway.
Highway.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Multi-modal.
Multi-modal.
Multi-modal.
Vessel.
Vessel.
Rail.
Multi-modal.
Multi-modal.
Highway.
Multi-modal.
Vessel.
Multi-modal.
Multi-modal.
Rail.
Multi-modal.
Rail.
Highway.
Multi-modal.
Rail.
Rail.
Rail.
Rail.
Highway.
Multi-modal.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Rail.
Vessel.
Vessel.
Vessel.
Vessel.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
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Section affected
§ 178.337–17 .............
§ 178.337–18 .............
§ 178.338–3 ...............
§ 178.338–10 .............
§ 178.338–11 .............
§ 178.338–18 .............
§ 178.338–19 .............
§ 178.345–1 ...............
§ 178.345–3 ...............
§ 178.345–8 ...............
§ 178.345–11 .............
§ 178.345–13 .............
§ 178.345–14 .............
§ 178.345–15 .............
§ 178.348–1 ...............
§ 179.2 .......................
§ 179.3 .......................
§ 179.4 .......................
§ 179.5 .......................
§ 179.6 .......................
§ 179.7 .......................
§ 179.10 .....................
§ 179.11 .....................
§ 179.24 .....................
§ 179.100–9 ...............
§ 179.100–10 .............
§ 179.100–12 .............
§ 179.100–18 .............
§ 179.102–3 ...............
§ 179.103–5 ...............
§ 179.200–7 ...............
§ 179.200–10 .............
§ 179.200–11 .............
§ 179.200–17 .............
§ 179.200–22 .............
§ 179.220–10 .............
§ 179.220–11 .............
§ 179.220–15 .............
§ 179.220–18 .............
§ 179.300–9 ...............
§ 179.300–10 .............
§ 179.400–5 ...............
§ 179.400–6 ...............
§ 179.400–11 .............
§ 179.400–12 .............
§ 179.400–13 .............
§ 179.400–15 .............
§ 179.400–18 .............
§ 179.400–19 .............
§ 179.500–17 .............
§ 179.500–18 .............
Appendix B to Part
179.
§ 180.3 .......................
§ 180.403 ...................
§ 180.405 ...................
§ 180.407 ...................
§ 180.409 ...................
§ 180.411 ...................
§ 180.413 ...................
§ 180.415 ...................
§ 180.416 ...................
§ 180.501 ...................
§ 180.503 ...................
§ 180.509 ...................
§ 180.513 ...................
§ 180.517 ...................
Appendix D to Part
180.
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Mode of
transportation
The following is a section-by-section
review of the proposed amendments:
Part 107
Section 107.1
Section 107.1 is the definition section
for Part 107—‘‘Hazardous Materials
Programs Procedures.’’ The definition of
‘‘registration’’ currently states that, ‘‘For
purposes of subparts A through E,
‘‘registration’’ does not include
registration under subpart F or G of this
part.’’ In this NPRM, we propose to add
a reference to the new subpart J for tank
car facility and tank car DCE registration
to the existing references to subpart F or
G. This will ensure that the registration
requirements of subpart J for tank car
facilities and DCEs are not confused or
conflated with other registration
requirements in Part 107. See also our
discussion in ‘‘Section II.B.5 Tank Car
Facility and Design Certifying Engineer
Registration’’ for additional information.
Highway.
Highway.
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Highway.
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Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Rail.
Rail.
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Section 107.105
Section 107.105 contains the general
information and supporting
documentation requirements for special
permit applications. Paragraph (a)(5)
requires that special permit applicants
who hold a registration under subparts
F or G of Part 107 must include their
registration number in their special
permit application. PHMSA proposes to
add a reference to the new subpart J to
paragraph (a)(5), to require that tank car
facilities or tank car DCEs who submit
a special permit application to PHMSA
include their registration number. This
will allow PHMSA to more easily crossreference tank car facility or DCE
registration records with the special
permit request. See also our discussion
in ‘‘Section II.B.5 Tank Car Facility and
Design Certifying Engineer Registration’’
for additional information.
Section 107.502
Multi-modal.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Highway.
Rail.
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Sfmt 4702
85605
Section 107.502 details general
registration requirements for persons
who are engaged in the manufacture,
assembly, inspection and testing,
certification, or repair of a cargo tank or
a cargo tank motor vehicle
manufactured in accordance with a DOT
specification or a special permit.
Paragraph (a)(3) specifies reference
citations to certain terms used in the
HMR. PHMSA proposes to add a
reference to the definition of
modification, which is currently found
in § 180.403. In addition—and as
detailed later in this rulemaking—
PHMSA proposes to add a definition of
component to § 178.320(a) and a
definition of maintenance to § 180.403,
and PHMSA proposes to reference these
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terms in paragraph (a)(3). Additionally,
PHMSA proposes to add references to
these definitions as they are all related
to the cargo tank registration program
and the references will provide greater
understanding of the registration
requirements. See ‘‘Section IV. Sectionby-Section Review; Part 178; Section
178.320’’ and ‘‘Section IV. Section-bySection Review; Part 180; Section
180.403’’ for further discussion of the
proposed definitions.
PHMSA also proposes to add
paragraphs (a)(4) through (a)(9) to
specify definitions for fixed test and
inspection facility, FMCSA Agency
Decisionmaker, FMCSA Agency Official,
mobile tester, mobile testing and mobile
test and inspection unit. The definitions
of fixed test and inspection facility,
mobile tester, mobile testing, and mobile
test and inspection unit are proposed to
provide additional clarity and to help
distinguish between fixed facilities and
mobile testing units. As currently
required, the registration statement must
specify ‘‘whether the facility uses
mobile testing/inspection equipment’’
(see § 107.503(a)(3)). However, the HMR
does not include definitions to help
distinguish these types of operations.
Furthermore, the definitions for FMCSA
Agency Decisionmaker and FMCSA
Agency Official are being proposed as
they are referenced in new §§ 107.505,
107.506, and 107.507, and they align
with FMCSA’s organizational structure.
Paragraph (b) specifies that a person
who is employed as a Registered
Inspector or DCE is considered to be
registered if the person’s employer is
registered. PHMSA proposes minor
editorial changes to specify that the
‘‘inspector’’ is a ‘‘Registered Inspector’’
and capitalize the term ‘‘Design
Certifying Engineer.’’
Paragraph (d) specifies submission
information for registration statements.
PHMSA proposes to revise this
paragraph to include an electronic
method for submitting registration
statements. In addition, PHMSA
proposes to make editorial revisions of
an administrative nature to this
paragraph, including revising the
mailing address for FMCSA.
Paragraph (e) details the applicant’s
receipt of registration statement. The
first sentence specifies that a letter will
be sent to the registrant and will assign
the registrant with a registration
number. The second sentence specifies
that a separate registration number will
be assigned for each cargo tank
manufacturing, assembly, repair facility
or other place of business identified by
the registrant. PHMSA proposes to
revise the first sentence of paragraph (e)
to allow for the registrant letter to be
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sent electronically instead of only in a
hard copy. This will promote electronic
correspondence with FMCSA, which is
faster and more efficient for all parties.
PHMSA also proposes to move the
second sentence of paragraph (e) to a
new paragraph (f), but the regulatory
text within the second sentence will
remain unchanged. The proposed
change provides increased visibility and
emphasis that a separate registration
number will be assigned for each cargo
tank manufacturing, assembly, or repair
facility, or other place of business
identified by the registrant.
Section 107.503
This section specifies the
requirements pertaining to the
registration statement for persons who
are engaged in the manufacture,
assembly, inspection and testing,
certification, or repair of a cargo tank or
a cargo tank motor vehicle
manufactured in accordance with a DOT
specification or a special permit.
PHMSA proposes to revise paragraph
(a)(2) to include an email address for the
facility or place of business, if
applicable (i.e., if they have an email
address). This will promote electronic
correspondence with FMCSA which is
faster and more efficient for all parties.
PHMSA proposes to revise the
statement for compliance in paragraph
(a)(4) to ensure that the person
responsible for compliance certifies that
hazmat employees meet the minimum
qualification requirements set forth in
§ 171.8 for Registered Inspectors or
DCEs, and that they are appropriately
trained and knowledgeable of all the
functions they are registered to perform.
FMCSA notes that one of the top
violations of employers is a lack of
hazmat training of hazmat employees,
including Registered Inspectors or
DCEs. Therefore, the certification
statement is revised to include reference
to training to emphasize the
requirement.
In paragraph (c), PHMSA proposes to
remove the last sentence, as June 30,
1992, has passed and thus, this is an
outdated requirement.
Lastly, PHMSA proposes to add
paragraph (d) to require that each
person who performs the wet
fluorescent magnetic particle exam
submit a copy of their ASME Code
compliant training certificate. The
training is required in both Section V
(Non-Destructive Examinations) and
Section VIII, Division 1 of the ASME
Code. Requiring the certificate will
ensure that FMCSA can verify that each
person who performs the wet
fluorescent magnetic particle exam has
received the appropriate training.
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Section 107.505
This proposed new section provides
for the modification, suspension, or
termination of a cargo tank facility
registration. During 2019, FMCSA
investigations of cargo tank facilities
discovered 254 instances where the
facilities had not been in compliance
with the regulatory requirements, yet
the Department does not have a codified
process to modify, suspend, or
terminate registrations to address lack of
compliance. The proposal to allow the
modification, suspension or termination
of cargo tank facility registrations also
addresses NTSB Safety
Recommendation H–18–005,31 issued
on January 30, 2018. This recommends
that PHMSA revise the HMR to permit
the suspension or termination of
highway cargo tank registrations for
failing to meet the requirements of the
HMR. The safety recommendation was
made after a March 11, 2016, incident
where a cargo tank semitrailer separated
from its truck-tractor and struck a rock.
The impact with the rock breached the
front head of the cargo tank, causing the
lading to spill and a fire to occur.
Although the investigation determined
that the condition of the cargo tank was
acceptable and its performance was
consistent with its design, the
investigation also discovered safety
issues with inspection and testing of
DOT Specification MC330 and MC331
cargo tanks and certification and
training of cargo tank inspectors. The
NTSB concluded that DOT needs to be
able to suspend or terminate a cargo
tank registration to ensure that when
cargo tank facilities perform inadequate
inspections, their authorization to do so
can be terminated. Based on this safety
recommendation, and additional
recognition by FMCSA for the need of
the ability to modify, suspend, or
terminate a cargo tank registration,
PHMSA proposes to add § 107.505
(along with § 107.506 for
reconsideration and § 107.507 for
appeal) to provide this authority.
PHMSA proposes that this modification,
suspension, or termination process in
§ 107.505 be consistent with existing
FMCSA procedures for adjudicating
motor carrier violations.
As proposed in paragraph (a), reasons
for modification, suspension, or
termination include: (1) that because of
a change in circumstance, the
registration is no longer needed or
would not be granted if applied for; (2)
that the application contained
31 See NTSB Safety Recommendation H–18–005:
https://ntsb.gov/safety/safety-recs/_layouts/
ntsb.recsearch/Recommendation.aspx?Rec=H-18005.
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inaccurate or incomplete information
and it would not have been granted had
it included accurate and complete
information; (3) that the application
contained deliberately inaccurate or
incomplete information; or (4) that the
registration holder knowingly violated
the terms of the registration or an
applicable requirement of 49 CFR
Chapter I in a manner demonstrating
lack of fitness to conduct the activity for
which the registration is required. Upon
determination of this modification,
suspension, or termination, and as
proposed in paragraph (b), FMCSA will
notify the registrant in writing or by
electronic means of the proposed action
and allow opportunity to show cause as
to why the proposed action should not
be taken. The registrant will then have
30 days from service of the notice to file
a response to the notice. After
consideration of the response, or after
30 days if no response has been filed,
the FMCSA Agency Official will notify
the registrant of a final decision with a
brief statement of reasons and effective
date of the action.
However, as proposed in paragraph
(d), if a condition of imminent hazard
exists, the FMCSA Agency Official may
issue an immediately effective
emergency order to the registration
holder in accordance with § 109.17 of
this subchapter.
As proposed in paragraph (c), the
rules of practice for FMCSA proceedings
for service and computation of time in
§§ 386.6 and 386.8 of this title apply to
this section, except that electronic
service is permitted.
Section 107.506
This proposed new section provides
for reconsideration of a registration that
was modified, suspended, or terminated
in accordance with proposed § 107.505.
This proposed process is similar to
existing FMCSA procedures. As
proposed in paragraph (a), this request
would be: (1) in writing or by electronic
means and served within 20 days of
service of the original decision; (2) state
in detail any alleged errors of fact, law,
or procedure; (3) state corrective actions
taken, (4) enclose any additional
information needed to support the
request to reconsider; and (5) state in
detail the modification of the final
decision.
As proposed in paragraph (b), the
decision issued under § 107.505 of this
part remains effective pending a
decision on reconsideration. The
FMCSA Agency Official will consider
requests to stay the decision using the
criteria laid out in proposed
§ 107.507(b)(1)–(4). As proposed in
paragraph (c), the FMCSA Agency
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Official request may request additional
information or documents and, to
ensure that the deficiencies identified as
the basis for the action have been
corrected, may conduct additional
investigation. Furthermore, paragraph
(d) specifies that the FMCSA Agency
Official will grant or deny, in whole or
in part, the relief requested, and the
notification will be made in writing or
by electronic means. As proposed in
paragraph (e), the rules for FMCSA
proceedings for service and
computation of time in §§ 386.6 and
386.8 of this title apply to this section,
except that electronic service is
permitted.
Section 107.507
This proposed new section provides
for an appeal process for a cargo tank
facility that has had its registration
modified, suspended, or terminated by
the Department in accordance with
proposed § 107.505 and has been denied
reconsideration in accordance with
proposed § 107.506. This ensures that
the registrant has been provided due
process. As proposed, the appeal of the
FMCSA Agency Official’s decision is
adjudicated by the FMCSA Agency
Decisionmaker. Similar to §§ 107.505
and 107.506, the language in proposed
§ 107.507 is intended to reflect existing
FMCSA procedures.
As proposed in paragraph (a), the
appeal will be submitted to the FMCSA
Agency Decisionmaker and must: (1) be
in writing and served within 30 days of
receipt of the FMCSA Agency Official’s
decision on the FMCSA Agency
Decisionmaker at the mailing or email
address provided and on all parties to
the proceeding; (2) state in detail any
alleged errors of fact, law, or procedure;
(3) enclose any additional information
needed to support the appeal; and (4)
state in detail the modification of the
final decision sought. Furthermore, as
detailed in paragraph (b), the FMCSA
Agency Official’s action remains
effective pending a decision on appeal,
unless a stay is requested and the
FMCSA Agency Decisionmaker
determines:
(1) There is a substantial likelihood
that the requesting party will prevail on
the merits;
(2) The requesting party will suffer
irreparable injury absent the stay;
(3) The threatened injury outweighs
whatever damage the stay may cause the
opposing party; and
(4) The stay will not harm the public
interest.
As proposed in paragraph (c) the
FMCSA Agency Official, who bears the
burden of proof, will respond to the
appeal within 30 days of service of the
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85607
appeal. Lastly, as proposed in paragraph
(d), the FMCSA Agency Decisionmaker
will grant or deny, in whole or in part,
the relief requested. This decision is the
final agency action.
As proposed, the rules for FMCSA
proceedings for service and
computation of time in §§ 386.6 and
386.8 of this title apply to this section,
except that electronic service is
permitted. This decision is the final
administrative action.
Section 107.701
Section 107.701 contains the
procedural requirements for the
submission of registrations. PHMSA
proposes to add an exception to
paragraph (c) for the new subpart J. This
exception will be applicable to tank car
facilities and tank car DCE registrations.
This aligns with the exception currently
provided in paragraph (c) for subpart F,
for cargo tank facilities and cargo tank
DCEs. It allows tank car facility and tank
car DCE registrations to be handled in
the separate procedural manner
outlined in the proposed subpart J, in
which the registrations will be
submitted to PHMSA, but subject to
termination by FRA. See also our
discussion in ‘‘Section II.B.5 Tank Car
Facility and Design Certifying Engineer
Registration’’ for additional information.
Part 107, Subpart J—‘‘REGISTRATION
OF TANK CAR FACILITIES AND
DESIGN CERTIFYING ENGINEERS’’
PHMSA proposes to create subpart J
in part 107 (§§ 107.901–107.915) for
tank car facility and tank car DCE
registrations. The subpart includes
definitions for terms used in the
subpart, instructions for applying for
registration for both tank car facilities
and DCEs, and means of appeal if a
registration is modified, suspended, or
terminated. See also ‘‘Section II.B.5.
Tank Car Facility and Design Certifying
Engineer Registration’’ for additional
details on the creation of this subpart.
Section 107.901
This proposed new section § 107.901
details the purpose and scope of new
part 107 subpart J. Part 107 subpart J
addresses the registration of tank car
facilities and DCEs. Paragraph (b) details
the threshold requirement that
applicants for registration must be
familiar with the HMR’s requirements
regarding specifications for tank cars
(part 179) and the qualification and
maintenance of tank cars (part 180,
subpart F).
Section 107.903
This proposed new section § 107.903
details terms used in part 107, subpart
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J and includes references to the location
of their definition. The terms that
PHMSA proposes to include in this
section are Design Certifying Engineer
(defined in § 171.8), Qualification
(defined in § 180.503), Tank car
(defined in § 179.2), Tank car facility
(defined in § 179.2), and Tank car tank
(defined in § 180.503). Additionally,
PHMSA proposes to define FRA
Associate Administrator for Safety and
FRA Administrator as used in this
subpart.
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Section 107.905
This proposed new § 107.905 details
the requirements for submitting a tank
car facility registration, including the
information required in the registration
statement and where to send the
information. This section requires all
tank car facilities to register with
PHMSA in order to legally qualify a
DOT specification or special permit tank
car.
In order to register with PHMSA, each
tank car facility is required to provide
a list of the qualification functions the
tank car facility will perform, and
identify the types of DOT specification
or special permit tank cars that they
intend to qualify. Paragraph (b) of this
section prohibits tank car facilities from
performing qualification functions that
have not been identified in the
registration. Each facility must also
submit an executive summary of its
current quality assurance program that
is sufficient to demonstrate compliance
with the requirements set out in § 179.7
in order to complete the registration
process. PHMSA anticipates that this
information will allow for effective
oversight of registered tank car facilities.
Section 107.907
This proposed new § 107.907 details
the requirements for submitting a tank
car DCE registration. This section
requires a DCE to be registered with
PHMSA in order to legally approve the
design of a DOT specification or DOT
special permit tank car, as well as
service equipment, and details the
required information in the registration
statement and where to send the
information. Each registrant is required
to provide a list of the specific design
approval functions that the DCE will
perform and identify the types of DOT
specification and special permit tank
cars and service equipment that the DCE
will review. Paragraph (b) of this section
prohibits design certifying engineers
from performing design approval
functions that have not been identified
in the registration application. The
registrant must also provide the name of
each DCE, and a description of each
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DCE’s experience that shows that they
meet the requirements set out in § 171.8.
PHMSA anticipates that this
information will allow for effective
oversight of registered tank car facilities.
Section 107.909
This proposed new § 107.909 details
the proposed administrative details of
the tank car facility and tank car DCE
registration, including renewal
requirements, requirements to update
PHMSA on changes in activity and
personnel, and record retention. As
proposed, DCE registrations must be
renewed every six years, and registrants
must keep PHMSA updated on changes
in company name, address, ownership,
personnel employed as tank car DCEs,
and design approval activities
performed by the registrant. PHMSA
will inform FRA of these changes.
PHMSA and FRA intend that this
communication will increase our level
of oversight on the activities of
engineers who review and approve tank
car and service equipment designs
compared the existing AAR TCC closed
system. Additionally, non-compliance
with these requirements may create the
basis for revocation of the registration.
This will allow PHMSA and FRA
greater enforcement ability than the
current system, which will lead to an
increased level of safety.
Section 107.911
This proposed new § 107.911 details
the reasons for which FRA may modify,
suspend, or terminate a tank car facility
or DCE registration. As proposed in
paragraph (a), reasons for modification,
suspension, or termination include: (1)
because of a change in circumstances,
the registration is no longer needed or
would no longer be granted if applied
for; (2) that the application contained
inaccurate or incomplete information
and it would not have been granted if
complete or accurate information was
provided; (3) that the application
contained deliberately inaccurate or
incomplete information; or (4) that the
registration holder knowingly violated
the terms of the registration or an
applicable requirement of 49 CFR
Chapter I in a manner demonstrating
lack of fitness to conduct the activity for
which the registration is required. Upon
determination of this modification,
suspension, or termination, and as
proposed in paragraph (b), FRA will
notify the registrant in writing or by
electronic means of the proposed action
and allow opportunity to show cause as
to why the proposed action should not
be taken. The registrant will then have
30 days to file a response to the notice.
After consideration of the response, or
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after 30 days have elapsed with no
response from the registrant, the
Associate Administrator for Safety, FRA
will notify the registrant of a final
decision with a brief statement of
reasons.
However, as proposed in paragraph
(c), if it is necessary to avoid a risk of
significant harm to persons or property,
then the Associate Administrator for
Safety, FRA may declare the proposed
corrective action immediately effective.
Section 107.913
This proposed new § 107.913 details
the proposed process for requesting
reconsideration of FRA’s decision to
modify, suspend, or terminate a tank car
facility or DCE registration. This
proposed process is similar to the
current special permit and approval
reconsideration procedures in
§§ 107.123 and 107.715, respectively. As
proposed in paragraph (a), this request
would be: (1) by electronic means and
filed within 20 days of receipt of the
decision; (2) state in detail any alleged
errors of fact and law; (3) enclose any
additional information needed to
support the request to reconsider; and
(4) state in detail the modification of the
final decision.
As proposed in paragraph (b), newly
submitted information will be
considered if the registration holder can
show that the information could have
not been submitted when the
application was processed.
Furthermore, paragraph (c) specifies
that the Associate Administrator for
Safety, FRA will grant or deny, in whole
or in part, the relief requested, and
allows the Associate Administrator for
Safety, FRA to notify the requesting
party of the decision in writing or by
electronic means.
Section 107.915
This proposed new § 107.915 details
the process for requesting an appeal of
FRA’s decision on reconsideration
regarding a modified, suspended, or
terminated tank car facility or DCE
registration. This will ensure that the
registrant has been provided due
process. The appeal of the Associate
Administrator for Safety, FRA’s decision
will be adjudicated by the FRA
Administrator. Similar to §§ 107.911
and 107.913, the language in § 107.915
mirrors the current appeal process for
DOT special permits and approvals in
§§ 107.125 and 107.717, respectively,
except that the appeal is directed to
FRA, rather than PHMSA.
As proposed in paragraph (a), the
appeal will be submitted to the FRA
Administrator and must: (1) be by
electronic means and filed within 30
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days of receipt of the Associate
Administrator for Safety, FRA’s
decision; (2) state in detail any alleged
errors of fact and law; (3) enclose any
additional information needed to
support the appeal; and (4) state in
detail the modification of the final
decision sought. Furthermore, as
detailed in paragraph (b), the FRA
Administrator may declare the
Associate Administrator for Safety,
FRA’s action remain effective pending a
decision on appeal, if it is necessary to
avoid a risk of significant harm to
persons or property. Lastly, as proposed
in paragraph (c), the FRA Administrator
will grant or deny, in whole or in part,
the relief requested. This decision is the
final administrative action.
Part 171
Section 171.6
Section 171.6 provides information on
the Office of Management and Budget
(OMB) control numbers assigned to
information collection in the HMR
under the Paperwork Reduction Act of
1995. The paragraph (b)(2) table lists all
of the HMR sections associated with
each OMB control number. As this
NPRM proposes to add new information
collection to the regulations, PHMSA
proposes to revise the table to include
the section references where this
information collection request is
specified. In addition, PHMSA proposes
minor editorial revisions for
grammatical consistency. For details on
the affected OMB control numbers, see
‘‘Section V.G. Paperwork Reduction
Act.’’
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Section 171.7
This section details the IBR
documents in the HMR. Paragraph (h)
details IBR documents of the American
Society of Testing and Materials
(ASTM). In paragraph (h)(39), PHMSA
proposes an editorial revision for
standard method ‘‘ASTM D 1838–64
Copper Strip Corrosion by Liquefied
Petroleum (LP) Gases, 1964’’ by adding
the date ‘‘Reapproved 1968.’’ The
current IBR document for the 1964
edition of ASTM 1838–64 has a
reapproved date of 1968, but it is not
specified in § 171.7. Therefore, PHMSA
proposes this editorial amendment to
add this date to provide regulatory
clarity without amending the actual IBR
standard. This standard is available for
purchase at the following online
location: https://webstore.ansi.org/.
Paragraph (k) details IBR documents
of the AAR. In paragraph (k), PHMSA
proposes to revise editorially the AAR
mailing address and website. As
discussed in ‘‘Section II.A. Railroad
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Safety Advisory Committee,’’ PHMSA
proposes to update the edition of and
revise how the AAR Manual of
Standards and Recommended Practices,
Section C—III, Specifications for Tank
Cars, Specification M–1002 (AAR
Specifications for Tank Cars) is
incorporated by reference in the HMR.
Specifically, PHMSA proposes to
update the 2014 edition of the AAR
Specifications for Tank Cars, divide it
into its component chapters and
appendices and incorporate by reference
each chapter and appendix in the
relevant section of the HMR, as agreed
to by the RSAC. This revision provides
more specificity on the relevant AAR
chapters and appendices that are
incorporated by reference throughout
the HMR, instead of generally indicating
the entire manual. Additionally,
PHMSA proposes to update the edition
of the AAR Manual of Standards and
Recommended Practices, Section C—II,
Specifications for Design, Fabrication
and Construction of Freight Cars,
Chapter 5 to the 2011 edition from the
1988 edition, as agreed by the RSAC.
This update also requires updating the
title of the standard from ‘‘AAR
Specifications for Design, Fabrication
and Construction of Freight Cars,’’ to
‘‘AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication
and Construction of Freight Cars’’ and
moving the IBR from § 171.7(k)(4) to
paragraph (k)(1) to align with the
numerical organization of this
paragraph. PHMSA also proposes to
incorporate by reference the updated
2016 edition of the AAR Manual of
Standards and Recommended Practices,
Section C, Car Construction
Fundamentals and Details, Standard S–
286, Free/Unrestricted Interchange for
286,000 lb Gross Rail Load Cars for rail
cars weighing up to 286,000 lbs., as
agreed in RSAC into § 179.13, and move
the current S–286 IBR reference to
§ 171.7(k)(20). These revisions are
intended to update the incorporated by
reference versions of these industry
standards to reflect the current state of
the art.
There are several sections and
appendices from the AAR Specifications
for Tank Cars that were recommended
by the RSAC but are not proposed. This
is because, based on the proposal to
remove AAR as the sole approval for
tank car designs, the incorporation by
reference of these sections and
appendices is not needed in the HMR at
this time. As such, PHMSA does not
propose to IBR Appendix B, Appendix
L, and Appendix U of the AAR
Specifications for Tank Cars into the
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HMR. As a matter of amendatory
instructions, in § 171.7(k), PHMSA
proposes to reserve where the omitted
chapters and appendices would
traditionally be located for future
regulatory flexibility. See ‘‘Section
II.B.6. AAR Specifications for Tank Cars
Incorporation by Reference’’ for
additional details.
PHMSA also proposes to incorporate
by reference the following AAR
documents:
• AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication
and Construction of Freight Cars,
Chapter 6 into § 179.400–6;
• AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars) Chapter 2
in § 179.102–3;
• AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars) Chapter 3
into §§ 173.241, 173.242, and 173.247;
and
• AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars) Appendix
W into § 179.11.
Additional information on the
purpose and intent of these IBRs can be
found in their respective section-bysection discussions. These standards are
available for purchase at the following
online location: https://aarpublications.
com/msrp.html.
Paragraph (l) details IBR documents of
the CI. Currently, paragraphs (l)(3) and
(l)(4) include the IBR drawings for
authorized PRDs for cargo tanks
transporting chlorine. As discussed in
‘‘Section II.E. P–1712,’’ instead of
adding the third drawing found in CI
Pamphlet 49 to § 171.7, PHMSA
proposes to remove the references to the
PRD drawings and incorporate by
reference CI Pamphlet 49 in total. Thus,
PHMSA proposes to revise paragraph
(l)(3) to read ‘‘Pamphlet 49,
Recommended Practices for Handling
Chlorine Bulk Highway Transports,
Edition 10, December 2016, into
§ 173.315’’ and reserving paragraph
(l)(4). This standard is available for
purchase at the following online
location: https://www.chlorineinstitute.
org/products.
Paragraph (n) details IBR documents
of the CGA. In paragraph (n)(21),
PHMSA proposes to update ‘‘CGA
Technical Bulletin TB–2, Guidelines for
Inspection and Repair of MC–330 and
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MC–331 Cargo Tanks, 1980’’ to the 1997
edition, reaffirmed in 2015. The
Technical Bulletin is now titled ‘‘P–26:
Guidelines for Inspection and Repair of
MC–330 and MC–331 Anhydrous
Ammonia Cargo Tanks (formerly TB–
2).’’ PHMSA proposes to incorporate by
reference this newer version because it
directs readers to the correct, relevant
HMR citations and provides clearer
instruction on the guidelines provided
in the standard. For example, many of
the HMR references in the 1980 edition
(i.e., the current IBR) point to part 173;
however, the requirements are now
found in part 180. PHMSA has
reorganized the HMR and, thus, the
citations in the 1980 edition are
inaccurate, and updating to the 1997
edition will provide correct citations.
These standards are available for
purchase at the following online
location: https://www.cganet.com/
standards/.
Section 171.8
Section 171.8 defines terms in the
HMR. PHMSA proposes to amend the
following definitions:
• Cargo tank: PHMSA proposes
several minor editorial revisions to
paragraph (1), which currently defines
the materials a cargo tank is intended to
hold, the encompassing parts of a cargo
tank, and the HMR citations that detail
cargo tank specifications. PHMSA
proposed revisions include:
Æ Add ‘‘solids’’ and ‘‘semi-solids’’ to
the list of materials transported in cargo
tanks, consistent with the § 178.320(a)
definition of cargo tank;
Æ Consistent with the proposal to add
a definition for component, which
includes ‘‘fittings’’ as a type of
component, replace the term ‘‘fittings’’
with the term ‘‘components.’’ See
‘‘Section IV. Section-by-Section Review;
Part 178; Section 178.320’’;
Æ Alphabetize the list of parts of a
cargo tank encompassed in the
definition;
Æ Revise the phrase ‘‘the definition of
a tank’’ to read as ‘‘cargo tank
specifications’’ in the parenthetical
introductory language as this more
accurately describes the section
references list in paragraph (1);
Æ Add a reference to § 178.345–1, as
it is currently not included in the
citation list, but should be included, as
this section details cargo tank
specifications for DOT Specification
406, 407, and 412 cargo tanks.
• Design Certifying Engineer: PHMSA
proposes to make an editorial
amendment to the current cargo tank
DCE definition and add provisions to
account for a tank car DCE. To
accommodate the new criteria for a tank
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car DCE, PHMSA proposes to reorganize
the current cargo tank DCE requirements
from paragraphs (1)–(3) to paragraphs
(1)(i)–(iii). PHMSA also proposes an
editorial amendment in proposed
paragraph (1)(i) to clarify that the one
year of work experience requirement is
a minimum requirement. The definition
currently specifies a person must have
exactly one year of experience in cargo
tank structural or mechanical design
with an engineering degree; however, it
is not PHMSA’s intent to limit this to
only one year of experience. Instead, a
person with at least one year of work
experience in cargo tank structural or
mechanical design, in addition to an
engineering degree, meets the definition
of a DCE for cargo tanks.
Additionally, and as previously
discussed, PHMSA proposes to add
criteria for a tank car DCE. As such,
PHMSA proposes to revise the
introductory paragraph and add
paragraphs (2)(i) and (ii). The proposed
criteria in paragraphs (2)(i) and (ii)
mirror the current cargo tank DCE
criteria in paragraphs (1)(i) and (ii).
Specifically, as proposed, a Design
Certifying Engineer for a tank car is ‘‘a
person registered in accordance with
subpart . . . J of part 107 . . . who has
the knowledge and ability to perform
stress analysis of pressure vessels and
otherwise determine whether a . . .
tank car design and construction meets
the applicable DOT specification.’’ In
addition, a tank car DCE is a person who
either: ‘‘(i) has an engineering degree
and at least one year of work experience
in tank car structural or mechanical
design or (ii) is currently registered as
a professional engineer by an
appropriate authority of a State of the
United States or a province of Canada.’’
See ‘‘Section II.B.2. Tank Car Design
Approval’’ for additional information on
the proposed creation of tank car DCEs
and ‘‘Section II.B.5. Tank Car Facility
and Design Certifying Engineer
Registration’’ for additional details on
proposed registration requirements for
DCEs.
Section 171.22
Section 171.22 authorizes the use of
international dangerous goods
transportation standards in place of the
HMR, subject to the conditions and
restrictions of §§ 171.22 to 171.26,
including use of the International Civil
Aviation Organization’s (ICAO)
Technical Instructions for the Safe
Transport of Dangerous Goods by Air
(Technical Instructions), the IMDG
Code, Transport Canada’s
Transportation of Dangerous Goods
(TDG) Regulations, and the International
Atomic Energy Agency (IAEA)
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Regulations. PHMSA proposes to revise
paragraph (f)(4) to specify that in
addition to retaining a copy of the
shipping paper, a person who provides
for transportation or receives for
transportation a shipping paper must
make the shipping paper readily
accessible for inspection. PHMSA and
its modal partners have determined that
the current shipping paper accessibility
requirements in § 171.22(f)(4) create
unnecessary delays during routine
inspections because these forms are
often made available several hours or
days after the inspections are
conducted. Therefore, PHMSA proposes
to revise paragraph (f)(4) to indicate
more clearly the expectation that
shipping paper information must be
made readily accessible to inspectors or
other authorized individuals during
inspections. This change is intended to
increase safety by improving the ability
of inspectors to conduct their reviews of
hazardous materials shipments and
increase efficiency by facilitating a
quicker return to commerce for
hazardous materials delayed by
inspection. The intent of this revision is
to ensure timely provision of shipping
paper information for inspection of
shipments in transportation (e.g.,
container inspections in port areas).
Access to historic shipping paper
information after transportation has
ended is a separate scenario, and may
have other standards for reasonable
provision of shipping paper information
(e.g., close of business the following
business day for historic rail shipping
paper information). See ‘‘Section IV.
Section-by-Section Review; Part 174;
Section 174.24’’ for further discussion of
historic shipping paper availability in
rail transportation.
Section 171.23
Section 171.23 establishes HMR
requirements for specific materials and
packagings transported under the ICAO
Technical Instructions, IMDG Code,
Transport Canada’s TDG Regulations,
and the IAEA Regulations. PHMSA
proposes to revise the introductory text
of paragraph (b)(5) and paragraph
(b)(5)(iii) to clarify that the letters ‘‘RQ’’
and the name of the hazardous
substance must be marked only on nonbulk packages that contain reportable
quantities of a hazardous substance. The
HMR do not currently require this
marking on bulk packages because
§ 172.324, which requires the ‘‘RQ’’
marking, only applies to non-bulk
packages. However, PHMSA and USCG
understand that international shippers
occasionally misinterpret § 171.23(b) as
requiring this marking on bulk
packagings. This proposed revision is
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intended to decrease burdens on
shippers by clarifying which markings
are required and to avoid confusion in
port areas. Shippers may apply the
letters ‘‘RQ’’ and the name of the
hazardous substance on a bulk
packaging, but PHMSA and USCG
discourage this practice as it might be
unnecessarily confusing and
burdensome.
Part 172
Section 172.101
Section 172.101 lists the HMT and
provides explanatory text on the use of
the table. Paragraph (j) provides
explanatory text about Columns (9A)
and (9B) of the HMT, including an
indication that Column (9A) of the HMT
identifies the maximum quantity of
hazardous materials that may be offered
in one package when transported by
passenger-carrying aircraft or passengercarrying rail car. However, as defined in
§ 171.8, a rail car means a car designed
to carry freight or non-passenger
personnel by rail. Therefore, a
‘‘passenger-carrying rail car’’ is
inconsistent with the definition of a rail
car. PHMSA proposes to revise
editorially § 172.101(j) to indicate
instead that Column (9A) is for the
quantity limitation of passengercarrying aircraft and passenger-carrying
rail. This proposal decreases potential
regulatory confusion without impacting
safety. The proposed language was
approved by consensus vote at the May
25, 2017, RSAC meeting and offered to
PHMSA and FRA for consideration.
Section 172.102
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This section details the meaning and
requirements of the special provisions
listed in Column (7) of the HMT.
Special provision 13 is assigned to
‘‘UN1005, Ammonia, anhydrous, 2.2’’
and ‘‘UN3318, Ammonia solution,
relative density less than 0.880 at 15
degrees C in water, with more than 50
percent ammonia, 2.2.’’ PHMSA
proposes to clarify that these materials
are subject to security plan
requirements. In final rule HM–232F,32
PHMSA specified this stance:
While anhydrous ammonia is classed for
domestic transportation as a Division 2.2
material, it does pose a significant inhalation
hazard and, thus, should be subjected to
safety and security requirements that address
that hazard. [PHMSA] note[s] further that by
requiring security plans for materials that
meet the definition for a material poisonous
by inhalation, all materials that exhibit PIH
characteristics are covered even if they are
not specifically identified in column 3 of the
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§ 172.101 table as Division 2.3 or 6.1
materials.
However, as currently written, it is
not clear that security plan requirements
apply to these shipments. Therefore, to
ensure safe transportation of these
hazardous materials, to facilitate
compliance with the HMR, and to
provide additional clarity, PHMSA
proposes to specify that security plan
requirements apply to materials
assigned to special provision 13. This
does not affect the classification of
UN1005 and UN3318, and they may
continue to be placarded with the
Division 2.2 placard for domestic
transportation. Additionally, this
proposed change does not mean that
persons who transport UN1005 or
UN3318 are subject to FMCSA safety
permit requirements; rather, the change
is an explicit reminder that security
plan requirements apply to this
material.
PHMSA also proposes to revise
special provision B45. This special
provision, which is currently assigned
to ‘‘UN1067, Dinitrogen tetroxide, 2.3
(5.1, 8),’’ requires that, ‘‘each tank must
have a reclosing combination pressure
relief device equipped with stainless
steel or platinum rupture discs
approved by the AAR Tank Car
Committee.’’ In conformance with other
proposals throughout this NPRM
regarding AAR TCC approval
requirements, PHMSA proposes to
replace the reference to AAR TCC
approval with a reference to a tank car
DCE approval.
Section 172.303
This section identifies that no person
may offer for transportation or transport
a package marked as a hazardous
material, unless the package contains
that hazardous material, its residue, or
it is excepted in accordance with
paragraph (b) of the section. PHMSA
proposes to add paragraph (b)(4) to
permit the continued display of the
‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude
oil markings when the hazardous
material is no longer present. Section
172.502(b)(2) currently authorizes this
continued display, as the section
specifies that the display of a
‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude
oil marking is not a prohibited placard.
However, because § 172.303 does not
include a matching provision to allow
for the continued display of the
‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude
oil markings, there may be potential
confusion. Therefore, to provide
regulatory clarity and to reinforce the
current authorization, PHMSA proposes
the editorial revision in § 172.303 to
mirror the allowance in § 172.502.
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Section 172.328
Section 172.328 details cargo tank
marking requirements. Paragraph (d)
requires that after October 3, 2005, each
on-vehicle manually activated remote
shutoff device for closure of the internal
self-closing stop valve must have
‘‘Emergency Shutoff’’ marked on the
cargo tank.
PHMSA proposes to add a paragraph
title of ‘‘Emergency shutoff marking’’ to
paragraph (d) to clarify that the
paragraph relates to emergency shutoff
markings. The Office of Federal Register
Document Drafting Handbook provides
instruction that when one section
paragraph has a heading, all of the other
paragraphs in the section should as
well. As the other paragraphs in
§ 172.328 have headings, this editorial
proposal ensures conformity with the
Office of Federal Register Drafting
Document Handbook.
PHMSA proposes to further revise
paragraph (d) editorially. First, PHMSA
proposes to remove the compliance date
of October 3, 2005, from paragraph (d).
As this date has passed, there is no need
for the compliance date to remain in the
paragraph. PHMSA also proposes to add
introductory language to this paragraph
to specify that the emergency shutoff
marking is only required for cargo tank
motor vehicles subject to emergency
remote shutoff device requirements
under the HMR. This is not intended to
add any new regulatory requirements;
instead, it is added to clarify editorially
the applicability of the paragraph.
Lastly, PHMSA proposes to require
that the emergency shutoff marking
requirement applies to both internal and
external self-closing stop valves, instead
of just internal self-closing stop valves.
This proposal addresses a potential
safety gap where an external self-closing
stop valve is on the cargo tank, but it is
not appropriately marked. Thus, both
internal and external self-closing stop
valves can be appropriately identified
and activated during a hazardous
material incident, which leads to an
increase in safety.
Section 172.336
Section 172.336 outlines special
provisions for the display of UN ID
numbers. PHMSA proposes to revise the
§ 172.336(c) table, which provides
scenarios where UN ID numbers are
either not required or an exception
applies. As discussed in ‘‘Section II.D.
Cargo Tank Marking for Petroleum
Distillate Fuels,’’ PHMSA proposes to
add a sixth row to the table to authorize
display of the UN ID number
representing the petroleum distillate
fuel with the lowest flash point that is
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transported in a cargo tank in different
trips on the previous or current business
day. However, due to different
emergency response procedures,
PHMSA also proposes that the
exception is not applicable when the
cargo tank transports gasoline and
alcohol fuel blends consisting of more
than 10% ethanol. This is consistent
with the current requirements in the
fifth row of the table. Specifically,
PHMSA proposes that in this
circumstance, the UN ID numbers
‘‘3475’’ or ‘‘1987’’ must also be
displayed, as appropriate, and the cargo
tank may only display ‘‘3475’’ or ‘‘1987’’
when the material is in the cargo tank.
Therefore, if the liquid petroleum
distillate fuel with the lowest flash
point transported in the cargo tank in
different trips on the previous or current
business day is a gasoline and alcohol
fuel blend consisting of more than 10%
ethanol, and it is not being transported
in the cargo tank, ‘‘3475’’ or ‘‘1987’’ may
not be displayed on the cargo tank. In
this scenario, the cargo tank should
display either the UN ID number of the
liquid petroleum distillate fuel with the
next lowest flash point transported in
different trips on the previous or current
business day or the liquid petroleum
distillate fuel that is being transported.
Lastly, PHMSA proposes to specify
that the exception in the fifth row only
applies to compartmented cargo tanks
and compartmented tank cars. This will
distinguish clearly the fifth and sixth
row exceptions. The fifth row authorizes
the display of the UN ID number of the
petroleum distillate fuel with the lowest
flash point when the cargo tank or tank
car contains more than one petroleum
distillate fuel. The fifth-row exception is
only possible when the cargo tank or the
tank car is compartmented (i.e., it has
multiple compartments each with a
different petroleum distillate fuel).
Therefore, PHMSA proposes to remove
the term ‘‘cargo tank’’ to indicate clearly
the exception only applies to
‘‘compartmented cargo tanks or
compartmented tank cars.’’
Section 172.504
Section 172.504 prescribes the general
requirements for placarding. Paragraph
(b) authorizes the use of the
‘‘DANGEROUS’’ placard when
transporting two or more categories of
hazardous materials that require a
different placard specified in table 2 of
§ 172.504(e). PHMSA proposes to
prohibit the use of the ‘‘DANGEROUS’’
placard to describe multiple categories
of hazardous materials being
transported by vessel. PHMSA and
USCG identified vessel operator
confusion with the display of the
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‘‘DANGEROUS’’ placard because the
‘‘DANGEROUS’’ placard is not
authorized in the IMDG Code. It is
advantageous to harmonize the HMR
with the IMDG Code to promote
efficient vessel transportation by
removing the authorization to use this
placard. Furthermore, the
‘‘DANGEROUS’’ placard may not
provide adequate information on the
hazardous materials inside the container
for emergency response onboard vessels.
PHMSA and USCG experience is that it
is also very rare for the ‘‘DANGEROUS’’
placard to be displayed on a freight
container for vessel transportation.
Therefore, PHMSA proposes to add this
limitation in a new paragraph (b)(2),
while also moving the existing usage
limitation for the ‘‘DANGEROUS’’
placard (over 2,205 lbs. aggregate gross
weight or more of one category of
material is loaded at one loading
facility) to a new paragraph (b)(1).
Please note that ‘‘DANGEROUS’’
placards may continue to be
appropriately used for highway or rail
transportation, when applicable, prior
to, or after, the portion of transportation
by vessel.
Section 172.704(e)(1) excepts a
hazmat employee from the paragraph
(a)(3) safety training when the hazmat
employee repairs, modifies,
reconditions, or tests packagings, as
qualified for use in the transportation of
hazardous materials, and who does not
perform any other function in the HMR.
PHMSA proposes to revise paragraph
(e)(1) to add an exception from the
security awareness training requirement
in paragraph (a)(4). Final rule HM–
126F,33 added training requirements to
the HMR, including the exception from
safety awareness training in paragraph
(e)(1). Security awareness training was
not included in the exception because
the requirement for security awareness
training was not added to the HMR until
RSPA published final rule HM–232.34 In
HM–232, RSPA provided the following
reasoning for the need of security
awareness training:
Section 172.516
Section 172.516 details the visibility
and display of placards, including
paragraph (d), which specifies that the
recommended placard holder
specifications are set forth in Appendix
C. PHMSA proposes to revise the size of
the recommended placard holder
dimensions in Appendix C to part 172.
As detailed in ‘‘Section IV. Section-bySection Review; Part 172; Appendix C
to Part 172,’’ the recommended placard
holder that is currently authorized in
the HMR may continue to be used, even
if the revised placard holder in
Appendix C to part 172 is adopted in a
final rule. However, to ensure that there
is no confusion with this allowance,
PHMSA proposes to revise § 172.516(d)
to add a reference to the placard holder
authorized in Appendix C prior to a
final rule effective date as an authorized
placard holder.
While HM–232 provides a need for
security awareness training, RSPA did
not comment on whether it intended to
exclude security awareness training
from the exception in paragraph (e)(1).
PHMSA affirms that security awareness
training is essential to ensure that
hazardous materials are transported in
commerce safely. However, upon
review, PHMSA acknowledges that the
burden of security awareness training
imposed on hazmat employees who
only manufacture, repair, modify,
recondition, or test packagings, and do
not perform any other function subject
to the HMR, may not present the same
security benefit as for those who
directly offer or transport hazardous
materials. PHMSA expects that the
packagings a hazmat employee
manufactures, repairs, modifies,
reconditions, or tests are empty and free
of hazardous materials, and we seek
comment on this expectation. As
described in HM–232, the creation of
security awareness training was related
to concerns about hazardous materials
transported in commerce being used as
weapons of mass destruction or
weapons of convenience. A hazmat
employee whose sole hazmat function is
qualifying a packaging would not
interact with a hazardous material that
could be used as a weapon; therefore,
PHMSA does not expect a reduction in
Section 172.704
Section 172.704 details HMR training
requirements. Paragraph (a)(2) includes
requirements for function-specific
training. PHMSA proposes to add
paragraph (a)(2)(iii) to reference
§ 177.816 for highway transportation
function-specific training. This new
paragraph will help to provide
regulatory clarity and ensure those
persons transporting hazardous
materials by highway meet the functionspecific training in § 177.816, without
adding any additional requirements.
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Because many hazardous materials
transported in commerce may potentially be
used as weapons of mass destruction or
weapons of convenience, it is critical to the
assurance of public safety that training for
persons who offer and transport hazardous
materials in commerce include a security
component.
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security by providing these employees
an exception from security awareness
training. Therefore, PHMSA proposes to
add the security awareness training of
paragraph (a)(4) to the paragraph (e)(1)
exception for persons performing only
repairs, modifications, reconditioning,
or testing of packagings and no other
functions subject to the HMR.
Additionally, PHMSA proposes to
expand the eligibility of hazmat
employees excepted from safety and
security training to include package
‘‘manufacturers.’’ In review of paragraph
(e)(1), it was determined that package
manufacturers were unintentionally
excluded from this exception and
including package manufacturers to this
exception ensures the paragraph
conforms to guidance previously issued
by PHMSA.35 Therefore, PHMSA
proposes to include package
‘‘manufacturers’’ among the list of
hazmat employees excepted from safety
and, as proposed, security awareness
training. Although these changes
broaden the population of persons
excepted from safety and security
awareness training, PHMSA expects the
safety and security of hazardous
materials transportation will be
maintained because of this training’s
primary focus on persons who offer or
transport hazardous materials.
Section 172.820
Section 172.820 outlines additional
security plan requirements for certain
hazardous materials transported by rail.
The requirements for a rail carrier to
identify and analyze practicable
alternative routes are specified in
paragraph (d). As currently written,
there is no instruction provided for a
situation where no alternative routes
exist. Therefore, PHMSA proposes to
revise paragraph (d) to provide an
exception from the requirement to
conduct an alternative route analysis,
when no practicable alternative routes
exist, including consideration of
interchange agreements. The rail carrier
must describe, in writing, the
remediation or mitigation measures to
be implemented, if any, on the primary
route in conformance with
§ 172.820(d)(1)(iii) and certify that an
alternative route does not exist for a
given primary route. For example, a
shortline railroad with only one
possible route to move material subject
to § 172.820 is not required to analyze
alternative routes owned by other
railroads. HMIWG discussed the
proposed paragraph (d)(3) at its August
35 See Letter of Interpretation Reference No. 05–
0064: https://www.phmsa.dot.gov/regulations/
title49/interp/05-0064.
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16–17, 2016, meeting. The proposed
language was approved by consensus
vote at the May 25, 2017, RSAC meeting
and offered to PHMSA and FRA for
consideration. PHMSA expects safety
will be maintained as a result of this
proposal, because it is not possible to
conduct an alternate route analysis
where no alternate route(s) exist. In this
NPRM, we propose a minor revision to
the proposed text of (d)(3) to indicate
that the exception applies to the
requirements of (d)(1) and (d)(2).
Appendix C to Part 172
Appendix C to part 172 specifies the
dimensions for a recommended placard
holder. PHMSA proposes to revise the
recommended placard holder drawing
from a one-side minimum dimension of
273 mm (10 3⁄4 inch) to 250 mm (9.84
inch). This revised dimension meets the
current minimum placard size in
§ 172.519(c). In final rule HM–218F,36
PHMSA made miscellaneous
amendments to update and clarify
certain regulatory requirements,
including amending the placard
dimensions in § 172.519(c) to harmonize
with international standards.
Specifically, HM–218F revised the
dimensions of a placard from at least
273 mm (10.8 inches) on each side to
the current dimension of at least 250
mm (9.84 inches) on each side.
However, when the revision was made
to § 172.519(c), an accompanying
revision to the recommended placard
holder dimensions in Appendix C to
part 172 was not made. This has
resulted in placard holders that may not
correctly fit placards thereby, creating
the potential for certain communication
elements of the placard to be obscured.
To prevent this potentially unsafe and
noncompliant situation, PHMSA
proposes to reduce the dimensions of
the recommended placard holder with
revised dimensions that are consistent
with the current minimum placard
dimension of 250 mm (9.84 inches) on
each side, because hazard
communication information may be
obscured. Appendix C provides only
recommended dimensions. A larger
version of a placard holder suitable for
larger placards may continue to be used
since the side dimensions for the
placards and placard holders are a
minimum specification.
Part 173
Section 173.31
Section 173.31 prescribes the
requirements for use of tank cars.
Paragraph (a)(2) specifies that tank cars
36 76
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and appurtenances may be used for the
transportation of any commodity for
which they are authorized and as
specified on the certificate of
construction. PHMSA proposes to revise
paragraph (a)(2) in conformance with
the proposal to replace AAR TCC
approval with tank car DCE approval.
Specifically, PHMSA proposes to
indicate that tank cars and
appurtenances may be used for the
transportation of the commodity
specified on the DAC, while also
providing a one-year transition period
during which certificates of
construction may still be issued.
Existing tank cars approved for use by
the AAR TCC may continue in use for
the rest of their authorized life pursuant
to their existing AAR Form 4–2
certificate of construction, subject to
periodic qualification as required by
part 180 subpart F. Additionally,
PHMSA proposes to replace the
reference to the AAR TCC approval with
approval by a tank car DCE, consistent
with the other proposed changes.
Section 173.31(d) outlines the
requirements for examination of a tank
car prior to shipping. Review of incident
data involving non-accident hazardous
materials releases from tank cars
indicates that most releases occur
because of improperly secured closures
on tank cars. Additionally, the majority
of those failures occur at the manway
cover due to a failure to secure the
manway in accordance with the
equipment owner and gasket
manufacturer closure instructions,
including the bolt securement
sequences, tools, and torque
specifications. Currently, there is no
requirement in the HMR that offerors of
tank cars containing hazardous
materials develop and implement
closure procedures that are consistent
with the industry standards and
Original Equipment Manufacturer
(OEM) recommendations. However, the
HMR does require manufacturers of
other packagings, namely those
specified in part 178, to forward closure
instructions to each person to which the
package is transferred, and that each
person who closes those packagings
must do so in accordance with the
manufacturer’s closure instructions.
Therefore, in the interest of improving
safety and consistency with
requirements for closures for part 178
packaging types, PHMSA proposes
several amendments to § 173.31(d). For
clarity, PHMSA proposes to amend the
format of paragraph (d) by revising the
paragraph title to read ‘‘pretransportation closure, securement, and
examination of tank cars’’ and providing
each paragraph a title. PHMSA proposes
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additional substantive amendments by
adding introductory text on the
expectations of offerors prior to
transportation, and by adding regulatory
text to require a closure and securement
procedure including a two-year periodic
review of the procedure. As proposed,
offerors must develop and maintain a
written procedure for closing and
securing all tank car openings. PHMSA
and FRA expect that offerors will use
available best practices and guidance
from packaging and component
manufactures in development of these
procedures. These proposed changes to
§ 173.31(d) are designed to ensure that
minimum standards for closures and
their securement on tank cars are
implemented to prevent releases of
hazardous material. Rail carriers, rail
hazmat shippers, equipment owners,
and manufacturers all have a vested
interest in ensuring tank cars are
routinely operated and closed in a
reliable and repeatable manner that is
consistent with industry standards and
OEM recommendations. PHMSA and
FRA expect that this regulatory change
will result in a net benefit to safety by
ensuring proper securement of tank car
closures, thus reducing the number of
hazardous material releases by rail.
Reduction in releases will have a
positive impact on the environment,
including potential reductions in
greenhouse gas emissions.
Section 173.31(g) outlines the
requirements for tank car loading and
unloading. The proposed changes to
§ 173.31(g) are intended to clarify the
requirements for tank car unloading by
adopting language from long-standing
PHMSA letters of interpretation.37
These letters of interpretation explain
that the intent of paragraph (g) is to
ensure the entry to a track where a tank
car is being loaded or unloaded is
secured. The proposed revisions to
§ 173.31(g) clarify that the mechanism
used to satisfy securement should be
under the direct control of the loading
or unloading operator and locked in
place so that it can only be removed by
the employee responsible for the
product transfer. The mechanism
should also be capable of stopping or
diverting incoming rail equipment to
prevent contact with the tank car being
offloaded (e.g., lined and locked switch
or derail). The example of bumper
blocks in the current requirements of
paragraph (g)(1) are proposed to be
37 See PHMSA Letters of Interpretation Gale to
Ross, May 31, 2006 (Reference No. 06–0058: https://
www.phmsa.dot.gov/regulations/title49/interp/060058) and Foster to Rodgers, October 11, 2018
(Reference No. 18–0032: https://
www.phmsa.dot.gov/regulations/title49/interp/180032).
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removed because, as discussed at
HMIWG meeting, the majority of
companies subject to this requirement
accomplish compliance with the use of
a derail or a switch. Additionally,
PHMSA and FRA have concerns that
some bumper blocks do not satisfy the
requirements of the paragraph. Bumper
blocks may continue to be used to meet
the requirements of paragraph (g)
provided they provide an equivalent
level of security to lining and locking
switches or using derails, but PHMSA
proposes not to specifically call out
bumper blocks as an option in
paragraph (g). Lastly, in new paragraphs
(g)(1)(i)(A)–(D), PHMSA proposes to
clarify the performance of track
securement operations in association
with loading or unloading of tank cars
to account for circumstances in which
the securement may be temporarily
removed for necessary intra-plant
repositioning of rail cars. The proposed
requirements in (g)(1)(i)(A)–(D) align
with current industry practice and are
intended to protect railroad personnel
and the tank car being loaded or
unloaded from interaction with other
rail cars undergoing switching in intraplant operations that would otherwise
be delayed or obstructed without the
possibility of temporarily removing
measures for securement of the track.
The final recommended language was
approved by consensus vote at the May
25, 2017, RSAC meeting and offered to
PHMSA and FRA for consideration.
Section 173.150
Section 173.150 details exceptions for
Class 3 (flammable and combustible
liquids) hazardous materials. Paragraph
(f)(3) provides an exception for
combustible liquids transported in bulk
packaging or combustible liquids
meeting the definition of a hazardous
substance, hazardous waste, or a marine
pollutant. In § 173.150(f)(3)(viii),
PHMSA proposes to add a reference to
§ 177.837(c). This is a conforming
amendment to the proposed
requirement in § 177.837(c) to require
bonding and grounding for the transfer
of lading for combustible liquids or
flammable liquids reclassified as
combustible liquids in cargo tanks.
PHMSA expects that for the safe
transportation of combustible liquids in
cargo tanks, bonding and grounding
requirements should apply when taking
the exception in § 173.150(f). See
‘‘Section IV. Section-by-Section Review;
Part 177; Section 177.837’’ for
additional discussion.
Section 173.159
Section 173.159 details packaging
requirements and exceptions for the
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transportation of wet batteries (i.e.,
electric storage batteries, commonly of
the rechargeable type, that contain a
liquid electrolyte component that is
corrosive). Paragraph (e) specifies that
the transportation of wet batteries by
highway and rail is excepted from the
requirements of HMR when transported
in accordance with conditions outlined
in this paragraph. Over the past 10
years, over 700 incidents involving the
transportation of wet batteries have been
reported due to improper preparation of
batteries for transportation. Not all of
the referenced incidents are associated
with the transportation of wet batteries
in accordance with paragraph (e), but
incidents involving the transportation of
wet batteries under other provisions are
still relevant to the transportation of wet
batteries under paragraph (e) because
they show what may occur when wet
batteries are not properly prepared for
transportation.
Many of these incidents involved a
release of corrosive battery fluid from
wet batteries because of load shifting or
falling over while in transportation.
Through inspections, PHMSA identified
that improper loading, securement, and
transportation of wet batteries likely
caused a number of these incidents.
Therefore, PHMSA proposes to add
more specificity in the provisions of
§ 173.159(e) to clarify the expectations
for load securement of the batteries
shipped under this provision and
ensure the safe transportation of wet
batteries. This increased clarification
will enhance the safety of transport of
wet batteries and reduce the number of
incidents resulting from improper load
securement and transportation. In
addition, PHMSA notes that it is the
responsibility of all persons conducting
transportation functions, including
loading and unloading, to ensure proper
compliance with § 173.159(e), and if
there is a violation, PHMSA, along with
any respective modal administration,
will attempt to identify and bring any
enforcement proceeding against the
person who did not comply with
§ 173.159(e).
Paragraph (e)(2) currently requires
that wet batteries be loaded or braced to
prevent damage and short circuits in
transit. This provision has been in the
HMR since its inception, as originally
codified in 1956.38 Although load
securement is not specifically
mentioned in paragraph (e)(2), securing
hazardous materials against shifting
under normal transportation conditions
is a basic hazardous materials
transportation safety requirement. For
transportation by highway and rail,
38 21
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packages containing hazardous
materials are required to be secured
against shifting while in transportation
in accordance with §§ 177.834 and
174.55, respectively. This requirement
protects hazardous materials, including
wet batteries, from falling over or
spilling under normal transportation
conditions, preventing damage and
short circuits during transportation.
After evaluation of the aforementioned
incidents involving wet batteries,
PHMSA proposes to amend the
language of § 173.159(e)(2) to include
securement of the batteries to enhance
the safe transportation of wet batteries
shipped under this exception.
Specifically, PHMSA proposes to clarify
that loading or bracing of wet batteries
includes securing wet batteries against
shifting while in transit. In addition,
and similar to §§ 177.834 and 174.55,
PHMSA proposes to indicate that
securement against shifting includes
relative motion between packages,
under conditions normally incident to
transportation. PHMSA expects this
language will help prevent damage to
batteries while in transportation and
possible release of their liquid contents.
While ‘‘method of securement’’ is not
defined in the HMR, PHMSA has issued
Letters of Interpretation regarding
securement methods. For example, in
Letter of Interpretation Ref. No. 19–
0039,39 PHMSA specifies that various
methods for securement include tiedowns, using dunnage or other cargo,
shoring bars, jack bars, or toe-boards.
Furthermore, Letter of Interpretation
Ref. No. 11–0198 40 includes banding in
this list. This is not an exclusive list;
instead, these demonstrate potential
methods for securement to prevent
shifting, including relative motion
between packages. In addition, the use
of one of these methods is only
satisfactory when there is securement
against shifting, including relative
motion, under conditions normally
incident to transportation. Lastly,
PHMSA notes that for highway
transportation, the Federal Motor
Carrier Safety Regulations (FMCSR; 49
CFR parts 350–399), specifically part
393 subpart I—Protection Against
Shifting and Falling Cargo—details
requirements for the prevention of loss
and shifting of load.
PHMSA also identified instances
where persons offer for transportation or
transport wet batteries as unregulated
shipments, even though they are still
39 See Letter of Interpretation Reference No. 19–
0039: https://www.phmsa.dot.gov/regulations/
title49/interp/19-0039.
40 See Letter of Interpretation Reference No. 11–
0198: https://www.phmsa.dot.gov/regulations/
title49/interp/11-0198.
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subject to the provisions of the HMR
under § 173.159(e). While these
shipments are not subject to many of the
HMR provisions, including § 172.704
training requirements, a person who is
complying with § 173.159(e) must still
know and understand the applicable
requirements in order to safely transport
wet batteries. This applies to both
shippers and carriers, including those
persons who load, unload, or transport
wet batteries in accordance with
§ 173.159(e). However, because persons
engaged in this operation have been
shown not to be aware of the specific
provisions, PHMSA proposes to revise
paragraph (e) to specify that ‘‘the offeror
must inform persons loading the
batteries and the operator of the vehicle
transporting batteries of the
requirements of this paragraph.’’
PHMSA expects that this will enhance
the safe transportation of wet batteries
under § 173.159(e) and add only
minimal burden because, as previously
mentioned, being aware of the
requirements of § 173.159(e) is
necessary for a person to properly apply
the exception. This proposed text
reinforces that a person must be aware
of the requirements to properly perform
said requirements. In order to
accommodate the proposed language,
we propose to redesignate the language
currently located in paragraph (e)(5),
requiring compliance with incident
reporting, to new paragraph (e)(6), and
moving the conjunction ‘‘and’’ to
connect (e)(5) and (e)(6).
Sections 173.241, 173.242, and 173.247
Sections 173.241, 173.242, and
173.247 are bulk packaging
authorization sections for low hazard,
medium hazard, and elevated
temperature liquid and solid materials,
respectively. Each section authorizes
AAR specification tank cars for the
transportation of hazardous materials.
Section 173.241 authorizes AAR Class
203W, 206W, and 211W tank cars,
§ 173.242 authorizes AAR Class 206W
tank cars, and § 173.247 authorizes AAR
Class 203W, 206W, and 211W tank cars.
However, the specifications for these
packages are not found in the HMR;
they are found in Chapter 3 of the AAR
Specifications for Tank Cars. In order to
ensure that no changes are made to the
construction specifications of these
hazmat packagings without PHMSA and
FRA review, PHMSA proposes to
incorporate by reference the 2014
edition of Chapter 3 of the AAR
Specifications for Tank Cars into each
section. AAR Class 203W, 206W and
211W tank cars currently in service may
remain in use, provided they continue
to meet the specification to which they
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were constructed. PHMSA proposes a
transition period of one year from the
effective date of the final rule for
compliance with the 2014 edition of the
AAR Specifications for Tank Cars for
new-build AAR specification 203W,
206W, and 211W tank cars.
Section 173.241
See ‘‘Section IV. Section-by-Section
Review; Part 173; Sections 173.241,
173.242, and 173.247’’ for details on the
revisions proposed to this section.
Section 173.242
See ‘‘Section IV. Section-by-Section
Review; Part 173; Sections 173.241,
173.242, and 173.247’’ for details on the
revisions proposed to this section.
Section 173.247
See ‘‘Section IV. Section-by-Section
Review; Part 173; Sections 173.241,
173.242, and 173.247’’ for details on the
revisions proposed to this section.
Section 173.314
Section 173.314 specifies packaging
for compressed gases transported by a
tank car or a multi-unit tank car.
Paragraph (b)(4) currently indicates that
the term ‘‘approved’’ for purposes of the
section means approval by the AAR
TCC. PHMSA proposes to remove and
reserve paragraph (b)(4). The language
in (b)(4) is an outdated holdover from an
earlier regulatory structure, since tank
car specification requirements are now
found in Part 179, rather than Part 173.
Therefore, we propose to remove and
reserve (b)(4), consistent with other
proposed changes.
Section 173.315
Section 173.315 describes the
requirements for the transportation of
compressed gases in cargo tanks and
portable tanks. Paragraph (h) specifies
gauging device requirements for cargo
tanks and portable tanks. PHMSA
proposes a minor editorial amendment
in paragraph (h) to reference paragraph
(e) for a tank filled by weight. This
proposed change helps to ensure
consistent application of the
requirement and provides additional
clarity which will enhance safety.
Paragraph (i) provides cargo tank and
portable tank requirements for pressure
relief devices, with paragraph (i)(13)
detailing the specifications for safety
relief valves on chlorine cargo tanks.
PHMSA proposes to revise
§ 173.315(i)(13) to replace the reference
to specific PRD drawings with a general
reference to CI Pamphlet 49 for
authorized safety relief valves. This
proposal allows the use of the Midland
PRD in addition to the Crosby PRD on
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cargo tanks transporting inhalation
hazards to provide additional regulatory
flexibility without reducing safety. See
‘‘Section II.E. P–1712’’ or ‘‘Section IV.
Section-by-Section Review; Part 171;
Section 171.7’’ for further discussion on
this proposed change.
Paragraph (j) details packaging
requirements for consumer storage
containers used for liquefied petroleum
gas. Paragraph (j)(1) provides
requirements for storage containers for
liquefied petroleum gas or propane
charged to five percent of their capacity
or less and intended for permanent
installation on consumer premises.
PHMSA proposes to remove the
reference to propane as an editorial
amendment. Propane is a type of
liquefied petroleum gas and therefore, a
specific reference to propane is
unnecessary and redundant.
Furthermore, as paragraphs (j)(2) and (3)
do not include a reference to propane
(only refers to liquefied petroleum gas)
a reader could mistakenly assume that
propane is not eligible for these storage
container requirement sections, which
is not the case since propane is a
liquefied petroleum gas. Therefore,
PHMSA expects this proposed
amendment will clarify the regulatory
applicability of paragraph (j).
Paragraph (m) details the general
requirements for cargo tanks used
exclusively in husbandry service that
are commonly known as nurse tanks.
On behalf of FMCSA, the Iowa State
University is conducting a multi-year
research project related to the
occurrence and potential methods of
reducing anhydrous ammonia (NH3)
nurse tank failures.41 The December
2013, final report of Phase II of the
project titled, ‘‘Testing and
Recommended Practices to Improve
Nurse Tank Safety,’’ recommended that
post-weld heat treatment (annealing)
should be performed on all new nurse
tanks as a part of the manufacturing
process to reduce the occurrence of
stress corrosion cracking failure.42
Consistent with this recommendation
and to ensure safe transportation of
hazardous materials in nurse tanks,
PHMSA proposes to add paragraph
(m)(1)(viii) requiring that all nurse tanks
manufactured 90 days after the effective
date of a final rule be stress relieved
through full post-weld heat treatment.
In addition, this proposal addresses, in
part, NTSB Safety Recommendation H–
04–023 that was issued as a result of an
incident involving the release of
41 https://www.fmcsa.dot.gov/regulations/
hazardous-materials/cargo-tank-safety.
42 The report is available at: https://rosap.ntl.
bts.gov/view/dot/163.
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anhydrous ammonia because of a failed
nurse tank.43 FMCSA notes that the two
major manufacturers of nurse tanks are
already performing full post-weld heat
treatment on their cargo tanks, thus this
new requirement will primarily provide
PHMSA oversight by including it as a
condition to allow the use of a non-DOT
specification cargo tank for
transportation of anhydrous ammonia.
This proposed requirement ensures that
this additional safety measure will be
implemented by both current and new
nurse tank manufacturers.
Paragraph (n)(1) details the required
emergency discharge control equipment
for cargo tank motor vehicles in
liquefied compressed gas service.
During FMCSA industry workshops,
stakeholders have noted that this table
is confusing. Therefore, PHMSA
proposes to reformat information in the
table in paragraph (n)(1) for ease of
understanding. This includes separating
out current regulatory requirements
unique to certain scenarios and adding
an additional column to specify
requirements when there are obstructed
view deliveries under § 177.840(p).
PHMSA does not intend to make any
substantive changes to existing
requirements in this table, however we
are adding information from
§ 177.840(p) into the table to increase
usability. PHMSA invites comments on
the usability of the reformatted table.
We believe reformatting the table will
reduce confusion, which will lead to
increased compliance and therefore an
improved level of safety.
the regulations, leading to greater
compliance and increasing safety.
Specifically, PHMSA proposes to
remove the phrase ‘‘atmospheric gases
and helium’’ in paragraphs (a) and (b).
Furthermore, PHMSA proposes to
consistently reference ‘‘cryogenic
liquids authorized to use this section by
Column 8(A) of the § 172.101 Hazardous
Materials Table of this subchapter’’ in
both paragraphs (a) and (b). This
proposed change also makes the section
more consistent with the HMR,
removing any ambiguity between
whether a material is an atmospheric
gas and if it is afforded an exception in
this section. PHMSA intends that this
proposed change be editorial and not
make any substantive revisions to the
current regulatory requirements. This
increased clarity will lead to less
confusion and thus, enhance safety. The
cryogenic liquids assigned ‘‘320’’ in
Column 8(A) of the § 172.101 Hazardous
Materials Table are the same as the
materials defined as ‘‘atmospheric
gases’’ in § 171.8, except that ‘‘320’’ is
also assigned to two ‘‘not otherwise
specified’’ (‘‘n.o.s’’) entries, UN3158 and
UN3311. PHMSA seeks comment on
this change, and whether there are
materials classified as ‘‘UN3158 Gas,
refrigerated liquid, n.o.s. 2.2’’ or
‘‘UN3311 Gas, refrigerated liquid,
oxidizing, n.o.s. 2.2 (5.1)’’ that are
composed of a gas or gas mixture other
than air, nitrogen, oxygen, argon,
krypton, neon, xenon, or helium.
Section 173.320
This section details exceptions for the
transportation of cryogenic liquids.
Subject to certain requirements,
paragraph (a) provides an exception
from the requirements of the HMR for
atmospheric gases and helium,
cryogenic liquid in Dewar flasks,
insulated cylinders, insulated portable
tanks, insulated cargo tanks, and
insulated tank cars, transported by
motor vehicle or railcar. Paragraph (b)
provides an additional exception for
certain atmospheric gases and helium.
PHMSA proposes to revise paragraph (a)
for ease of understanding, with no
substantive impact to the current
provisions of the paragraph. In addition
to editorial amendments, PHMSA
proposes to revise the packaging type of
an insulated cargo tank to a ‘‘cargo tank
motor vehicle,’’ as this is more
appropriate terminology describing the
completed transportation package. This
amendment will increase the clarity of
Section 174.9
Section 174.9 identifies inspection
requirements for rail cars at locations
where a hazardous material is accepted
for transportation or placed in a train.
Paragraph (a) includes specifics on
carrier inspection requirements.
PHMSA proposes an editorial
amendment in paragraph (a) to indicate
more clearly that the inspections
performed in § 174.9 are in conjunction
with those required in 49 CFR parts 215
and 232 for identification of defective
freight car components and brake
systems, respectively. Currently, the text
refers readers to parts 215 and 232 ‘‘of
this title.’’ PHMSA believes it will be
clearer to the reader if we replace ‘‘this
title’’ with ‘‘49 CFR’’ parts 215 and 232.
Furthermore, the current language in
§ 174.9 does not specifically address
situations where a train is seen
departing a location with readily
apparent improper hazard
communication, unapplied closures, or
leaking hazardous materials. In order to
address this situation, PHMSA proposes
to add paragraph (e) to specify that in
43 https://data.ntsb.gov/carol-main-public/basicsearch.
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the event of the observation of a train
with readily apparent improper hazard
communication, unapplied closures, or
leaking hazardous materials, it will be
presumed that the rail car was not
inspected properly by the carrier.
During the June 8–9, 2016, HMIWG
RSAC meeting, PHMSA noted that
hazard communication includes
communication such as placards,
markings, and stenciling. The final
recommended language was approved
by consensus vote at the May 25, 2017,
RSAC meeting and offered to PHMSA
and FRA for consideration. PHMSA
expects the addition of paragraph (e)
will increase compliance with the
HMR’s existing closure securement and
hazard communication requirements,
and therefore increase safety.
Section 174.14
Section 174.14 requires that
hazardous material shipments be
expedited to within 48 hours upon
acceptance at the originating location,
commonly known as the ‘‘48-hour rule.’’
The purpose of this requirement is to
ensure that rail cars carrying hazardous
materials are not held for long periods
of time, hazardous material
transportation is moving forward
continuously, and rail cars that are
being delayed are not being used for
storage purposes. Currently, § 174.14
does not allow any exceptions to the 48hour rule when the receiving facility is
not capable of receiving the shipment.
During the August 27–28, 2013, FRA
public meeting and the June 8–9, 2016,
HMIWG meeting, it was noted that FRA
uses enforcement discretion with regard
to the 48-hour rule in certain cases, such
as delays due to inadequate space in a
consignee facility or situations where
the shipment contains only the residue
of a hazardous material, to avoid
unnecessary shuttling of hazmat cars to
and from local railyards to comply with
the regulation.
In order to align the HMR with FRA’s
enforcement discretion practices,
PHMSA proposes new paragraphs (a)(1)
through (3) to add exceptions for
specific scenarios when circumstances
preclude delivery to the consignee
destination or when the shipment
contains only the residue of a hazardous
material. In addition, PHMSA proposes
to revise paragraph (a) to add a
recordkeeping requirement for the rail
carrier to document the reason for the
delay. This record can be in a paper or
electronic form. PHMSA and FRA note
that it is not the intention to require a
rail carrier to create a new
recordkeeping system if one meeting the
proposed requirements is already in
place. PHMSA and FRA also propose an
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editorial revision to remove ‘‘transfer
stations’’ from paragraph (a), as this is
an obsolete reference. The final
recommended language was approved
by consensus vote at the May 25, 2017,
RSAC meeting and offered to PHMSA
and FRA for consideration. PHMSA
expects the formalization of existing
FRA enforcement discretion related to
the 48-hour rule will maintain the
current level of safety of rail
transportation while affording rail
carriers greater flexibility within the
scope of the expedited movement.
Note that in the revised language of
§ 174.14 offered by the RSAC to PHMSA
and FRA for consideration, a fourth
exception was included that would have
created an exception to the 48-hour rule
for shipments delivered to the final
destination on a shipping paper. In
accordance with § 171.1(c)(4)(i)(B), rail
cars delivered to the final destination
marked on the shipping paper, but on
track that is not a ‘‘private track or
siding,’’ are still in transportation. The
RSAC language offered to PHMSA and
FRA for consideration in paragraph
(a)(4) would then except shipments
delivered to non-private track from
expedited movement, and they could
remain on the track, ‘‘in transportation,’’
indefinitely. It was not FRA or
PHMSA’s intent to authorize such
activity in the HMR. Therefore, the
RSAC-approved fourth option (i.e., a
paragraph (a)(4)) is not being proposed.
Shipments of hazardous material that
have been delivered to their final
destination on a private track or siding
are not ‘‘in transportation,’’ (see § 171.1)
and therefore are not subject to the 48hour rule.
Section 174.16
Section 174.16 specifies requirements
for delivery of certain hazardous
materials at agency stations. In current
operations, rail cars carrying hazardous
materials covered under § 174.16 no
longer deliver these types of materials to
agency stations, which no longer exist.
As was noted by AAR at the August 27–
28, 2013, FRA public meeting,
hazardous materials currently covered
under § 174.16 are unloaded at the rail
car facility where they are delivered. If
the hazardous material is not picked up
by the consignee or the shipment is
rejected, the delivering carrier obtains
disposition instructions from the offeror
of the shipment. To address the change
in rail carrier operations and in an effort
to remove language that is no longer
applicable to current operations,
PHMSA proposes to remove and reserve
this section. PHMSA notes that any
additional transportation of these
materials must comply with all
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applicable regulations. The decision to
remove and reserve this section was
approved by consensus vote at the May
25, 2017 RSAC meeting and offered to
PHMSA and FRA for consideration.
PHMSA expects that removing this
obsolete provision will increase the
clarity of the HMR for carriers dealing
with shipments rejected or not picked
up.
Section 174.20
Section 174.20 outlines the allowance
for a rail carrier to impose local or
carrier restrictions for hazardous
materials when acceptance,
transportation, or delivery is unusually
hazardous. At the August 27–28, 2013
FRA public meeting, AAR proposed that
paragraph (a) be deleted as it was
redundant and covered in the language
from paragraph (b). However, following
further review, AAR proposed at the
June 8–9, 2016 RSAC meeting that the
entire section be deleted as the
requirements should be left up to
individual carriers, and that reporting to
the AAR’s Bureau of Explosives is not
necessary. PHMSA agrees and proposes
to remove and reserve the section in its
entirety. The decision to remove and
reserve this section was approved by
consensus vote at the May 25, 2017,
RSAC meeting and offered to PHMSA
and FRA for consideration. PHMSA
expects removing this section will not
adversely impact safety because rail
carriers will still be able to make a
determination that local conditions
make the acceptance, transportation, or
delivery of hazardous materials
unusually hazardous.
Section 174.24
This section details requirements for
the acceptance of shipping papers by a
carrier and shipping paper retention
requirements. Paragraph (b) specifies
that a shipping paper must be made
available to an authorized official of a
Federal, State, or local government
agency at a reasonable time and
location. However, there is no further
specificity on what is meant by a
‘‘reasonable time.’’ In an effort to clarify
the requirements, PHMSA proposes to
revise paragraph (b) and indicate that
the shipping paper must be provided at
reasonable times and locations, ‘‘but no
later than the close of business the
following business day from the time of
the request in non-emergency
circumstances.’’ The proposed language
still mandates that the documentation
be made available to inspectors at a
‘‘reasonable time and location,’’ so
when the information is readily
available at the time that an inspector
requests it, PHMSA and FRA expect that
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it shall be provided at that time, as it has
been historically. For non-emergency
document requests that are for past
shipments (e.g., shipments made weeks/
months ago), or for all shipments made
by a particular shipper or in a particular
car, the RSAC reached consensus that a
reasonable deadline would be close of
business the following business day.
During the May 5 and June 8–9, 2016,
HMIWG meetings, there was in-depth
discussion to determine the most
appropriate timeframe that a carrier
would be able to provide the shipping
paper information in non-emergency
situations. One business day was
proposed as an alternate to a much
shorter time, such as 30 minutes. One
business day also addresses the needs of
railroads that only operate Monday
through Friday. As discussed, if a
request for a shipping paper is made on
Friday afternoon, the carrier has until
the close of business on Monday to
provide the shipping paper. PHMSA
considers close of business to be 5:00
p.m. local time for the office of the
authorized official of a Federal, State or
local government agency requesting the
shipping paper. PHMSA seeks public
comment if this is a reasonable meaning
of ‘‘close of business.’’ During HMIWG
meetings, it was noted that this
allowance is the longest acceptable
amount of time to provide a shipping
paper in a non-emergency situation, and
the information might be available
much sooner. Furthermore, it was
discussed that this allowance is for nonemergency situations, where an
emergency is defined as an event when
an emergency response telephone
number, as specified in § 172.604, is
contacted. The final recommended
language was approved by consensus
vote at the May 25, 2017, RSAC meeting
and offered to PHMSA and FRA for
consideration.
Additionally, in the first sentence of
paragraph (b), as approved by RSAC and
offered to PHMSA and FRA for
consideration, it was proposed to
replace ‘‘person’’ with ‘‘carrier.’’
PHMSA and FRA expect that such a
revision could create unnecessary
confusion in situations where a third
party has been contracted to take on
carrier functions (e.g., maintaining
shipping papers). Therefore, for clarity
and to maintain alignment with other
modal shipping paper retention
sections, PHMSA will maintain the
HMR’s current applicability of the
paragraph (b) retention requirements to
each ‘‘person’’ who receives a shipping
paper required by this section. PHMSA
expects the proposed revision to
§ 174.24 will improve safety oversight
by allowing authorized governmental
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representatives to access historical
shipping paper information in a timelier
manner during inspections and
investigations.
Please note that this standard for
reasonable time and place—close of
business the following business day—is
applicable specifically to review of
historic shipping paper information in
non-emergency rail transportation
scenarios after transportation has ended.
In particular, provision of shipping
papers during transportation (e.g.,
container inspections in port areas) is
one example of a scenario where the
following business day is generally too
long a time period to meet the needs of
inspectors and prevent unnecessary
delays. See ‘‘Section IV. Section-bySection Review; Part 171; Section
171.22’’ for further discussion of
shipping paper accessibility in port
areas.
Section 174.50
Section 174.50 prescribes
requirements for nonconforming or
leaking packages. This section specifies
that non-bulk packages may not be
forwarded unless they are repaired,
reconditioned, or overpacked in
appropriate salvage packaging. For bulk
packages, an OTMA is required to
authorize movement for a nonconforming or leaking package, unless
movement is necessary to reduce or
eliminate an immediate safety risk.
PHMSA proposes to revise § 174.50 in
order to identify more clearly the
applicability and the exceptions
regarding obtaining an OTMA from
FRA.
To evaluate the proposed revisions to
§ 174.50 and consider harmonization
and reciprocity with Transport Canada,
HMIWG established an OTMA Task
Force that included FRA, PHMSA, RSI,
AAR, CI, TFI, and the American
Petroleum Institute (API). In addition to
evaluating § 174.50, the OTMA Task
Force worked to develop the Hazardous
Material Guidance (HMG) Document
HMG–127 (Revision 5). Following
multiple meetings, the OTMA Task
Force voted to accept HMG–127 and the
proposed language in § 174.50. The
proposed text of HMG–127 (Revision 5)
is included in the docket for review
along with this NPRM.44 The proposed
regulatory text addresses administrative
topics, while HMG–127 specifies further
guidance on obtaining an OTMA. HMG–
127 discusses how to apply for an
OTMA, categories and conditions for
choosing the correct category of an
OTMA, when a root cause analysis is
44 See HMG–127: https://www.regulations.gov/
document/PHMSA-2018-0080-0001.
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required as a condition of an OTMA,
and what information should be
included in a root cause analysis. Note,
however, that HMIWG did not reach
consensus on proposed text in
§ 174.50(d)(2)(v) when it was put
forward to a vote. Recommended
language for this section was approved
by consensus vote at the May 25, 2017,
RSAC meeting and offered to PHMSA
and FRA for consideration. PHMSA
proposes the following revisions to
§ 174.50:
• Discuss in paragraph (a) the general
requirements for non-conforming and
leaking packages, including non-bulk
packages;
• List scenarios in paragraph (b)
where an OTMA issued by the Associate
Administrator for Safety, FRA is not
required to move a non-conforming or
leaking bulk package;
• Discuss in paragraph (c) the
approval process for an OTMA;
• List in paragraph (d) the marking,
notification, recordkeeping, routing, and
root cause analysis requirements for
OTMA grantees; and
• Clarify in paragraph (e) the
responsibility for compliance with
OTMA requirements and consequences
for non-compliance.
The exceptions proposed in paragraph
(b)(2) and (3) codify long-standing FRA
policy. Non-compliant rail cars that are
clean and contain no hazardous
materials residue, addressed in
paragraph (b)(2), do not pose a risk of
hazardous materials release. The intent
of the proposed exception in paragraph
(b)(2) is to expedite the movement of
these cars to a facility at which repairs
can be conducted. These are typically
DOT–111 tank cars that are not carrying
hazmat and have been cleaned.
Currently, FRA receives approximately
730 OTMAs per year for clean cars. The
exception proposed in paragraph (b)(3)
for rail cars discovered to be overloaded
by a minor amount is intended to
address known weigh-in-motion and
static scale error tolerances, and
additionally align with Transport
Canada standards. The exceptions
proposed in paragraphs (b)(1), for
movement necessary to reduce or
eliminate an immediate threat of harm
to human health or the environment,
and (b)(4), for rail cars moving in
accordance with a Transport Canada
temporary certificate, exist in the
currently effective 174.50, and we
propose to move them to paragraphs
(b)(1) and (b)(4), respectively, for clarity.
Additionally, throughout § 174.50,
PHMSA proposes to replace the
acronym ‘‘OTMA’’ with ‘‘One-Time
Movement Approval’’ to increase clarity
for readers of the HMR who are not
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familiar with the OTMA process. In
§ 174.50(d)(1), PHMSA proposes
editorial edits to the language approved
by RSAC and offered to PHMSA and
FRA for consideration to increase the
clarity of the marking requirement for
non-conforming rail cars. Specifically,
based on consultation with FRA,
PHMSA proposes to add the following
marking into the HMR; this marking is
currently a requirement in each OTMA
issued by FRA (except those overloaded
by weight).
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HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
In § 174.50(d)(2)(ii), PHMSA proposes
editorial edits to the language approved
by RSAC and offered to PHMSA and
FRA for consideration. This proposed
language shortens the sentences and
clarifies the notification requirements,
specifically that the approval grantee
must ensure the consignee or final
destination facility has been notified
and will accept the non-conforming
tank car. This ensures that the tank car
is only consigned to a location capable
of accepting the car, and unloading the
product, if necessary. If the maintenance
activities are to be conducted by a
mobile unit, they must occur at the
maintenance destination indicated in
the application.
In § 174.50(d)(4), PHMSA proposes
editorial revisions to the language
approved by RSAC and offered to
PHMSA and FRA for consideration.
These proposed edits include clarifying
instructions on routing rail cars moving
under OTMAs, specifically that the
OTMA grantee and railroad(s) involved
in the movement must select the most
appropriate route to the nearest cleaning
and/or repair facility capable of
performing the required cleaning and/or
repairs. This aligns with an existing
requirement in OTMAs issued by FRA.
Lastly, final rule HM–215O 45
harmonized the HMR with international
standards and codified recognition of
Temporary Certificates issued by
Transport Canada for cross-border
movements of non-conforming tank cars
to or from Canada. To ensure this
allowance remains, PHMSA proposes to
specify the authorization for the use of
Temporary Certificates in lieu of
OTMAs for cross-border movements to
or from Canada in § 174.50(b)(4).
PHMSA expects the revisions
proposed to § 174.50 to formalize and
45 85
FR 27810 (Mar. 11, 2020).
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clarify the OTMA process will increase
efficiency for rail car owners and
railroads, as well as FRA staff
processing OTMA requests. PHMSA
also expects that over time, lessons
learned from the root cause analysis that
FRA is authorized to require in OTMAs
will reduce the number of nonaccidental releases, creating safety and
environmental benefits.
Section 174.58
PHMSA proposes to add § 174.58 to
detail what ‘‘extent practicable’’ means
for rail transportation with respect to
the § 171.8 definition of residue. This
language was originally proposed as a
change to the definition of residue in
§ 171.8, as part of the recommend
language developed by RSAC Task 13–
02, approved by consensus vote at the
May 25, 2017, RSAC meeting, and
offered to PHMSA and FRA for
consideration. However, PHMSA
proposes to relocate the RSAC-approved
language from the definition of residue
in § 171.8 to § 174.58. If RSAC’s
proposed revision is made in § 171.8,
the changes made to the definition of
residue would have broader
implications than the intent of clarifying
its meaning for purposes of rail
transportation of hazardous material.
The intent of the proposed change
remains the same as the RSAC proposal;
to clarify that ‘‘extent practicable’’
means the material that remains in a
bulk package after it has been unloaded
using properly functioning service
equipment and plant process
equipment. Because part 174 is related
to rail transportation operations,
PHMSA proposes that this regulatory
language more appropriately fits in new
section § 174.58, instead of as part of the
definition of residue in § 171.8 which
has broader applicability. Note that in
accordance with the § 171.8 definition
of residue, a tank car must be unloaded
to the maximum ‘‘extent practicable’’ in
order to be transported with the residue
description. PHMSA welcomes
comment on the proposed
implementation of this language.
PHMSA expects this proposed revision
will provide further clarity on what is
considered residue for rail shipment of
hazardous material and increase safety
by ensuring bulk packages that actually
qualify for ‘‘residue’’ status are shipped
with that description.
Section 174.59
Section 174.59 details the
requirements for marking and
placarding rail cars carrying hazardous
materials. PHMSA proposes to revise
the requirements for replacing lost
placards and to provide context to the
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‘‘next inspection point.’’ Specifically,
PHMSA proposes the ‘‘next inspection
point’’ be revised to the ‘‘nearest
inspection point’’ and clarify that this
point is ‘‘in the direction of travel’’ and
‘‘where mechanical personnel
responsible for inspections related to 49
CFR parts 215 and 232 are on duty.’’ As
discussed during the May 5 and June 8–
9, 2016, HMIWG meetings, the intention
of this provision is that lost placards are
replaced as best and as soon as they can
at a location where personnel are
present and capable of performing
inspections. During HMIWG meetings, it
was also suggested that § 174.59 reflect
similar language from 49 CFR parts 215
and 232, specifically that placards are to
be ‘‘replaced at the next inspection
point, interchange, or rail yard in the
same direction as the train movement.’’
The proposed revision to § 174.59
aligns with 49 CFR parts 215 and 232,
by clarifying the ‘‘nearest inspection
point,’’ where the placards can be
replaced is in the direction of train
movement. The final recommended
language was approved by consensus
vote at the May 25, 2017, RSAC meeting
and offered to PHMSA and FRA for
consideration. PHMSA expects this
proposed revision will improve safety
by clarifying the intent of the provision
and ensuring the missing hazard
communication placards are replaced as
soon as possible.
Additionally, the recommended
RSAC language for § 174.59 removes
reference to ‘‘car certificates.’’ PHMSA
and FRA seek comment on the removal
of the reference to ‘‘car certificates’’ in
§ 174.59.
Section 174.63
This section outlines handling and
loading requirements for portable tanks,
intermodal (IM) portable tanks,
intermediate bulk containers (IBCs),
large packagings, cargo tanks, and multiunit tank car tanks transported by rail.
PHMSA proposes to make editorial
revisions to the title of § 174.63 to
specify the section applies to rail
transport in COFC or TOFC service.
Additionally, paragraph (b) specifies
requirements applicable to transport of
a bulk packaging inside a fully closed
transport vehicle or fully closed freight
container. PHMSA proposes to clarify
the current reference to IM 101 and IM
102 as types of portable tanks. This
proposed change is editorial in nature
and does not impose any new
requirements.
Paragraph (c) provides instruction,
specifically, six conditions, for an
alternate method of transportation to
paragraph (b) for bulk packaging using
COFC or TOFC service. PHMSA
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proposes to revise the condition in
paragraph (c)(1), which outlines
authorized packaging sections, by
adding packagings authorized in
§ 173.247 for elevated temperature
materials to the list of packaging
sections, as well as Division 2.2
materials not specifically listed in the
§ 173.315(a)(2) table that are packaged
as authorized in the table and § 173.315
conditions. This proposed amendment
will authorize these packagings to be
transported without requiring approval
from FRA. PHMSA expects that adding
existing safe, authorized packagings for
elevated temperature materials and nonflammable gases to the COFC or TOFC
authorization will not compromise
safety and will increase flexibility for
shippers of these materials.
PHMSA also proposes to amend
paragraph (c)(2) to indicate that a rail
car transporting a bulk package in COFC
or TOFC service must comply with
applicable regulatory requirements for
the type of rail car being used. The
current requirement instructs the
shipper that the ‘‘tank’’ and flatcar used
must comply with applicable
requirements of the HMR concerning its
specification, but use of the term ‘‘tank’’
obscures the intended general reference
to bulk packagings in § 174.63, and the
HMR contains no specifications for
flatcars. The proposed amendments will
instead refer generally to bulk
packagings that must adhere to
applicable specifications and to flatcars
that must comply with applicable rail
car regulatory requirements. This
amendment will provide greater clarity,
which will enhance the safety of
transporting these bulk packagings by
rail. The final recommended language
was approved by consensus vote at the
May 25, 2017, RSAC meeting and
offered to PHMSA and FRA for
consideration.
Section 174.67
Section 174.67 outlines the
requirements for transloading of tank
cars. HMIWG reviewed this section to
update, clarify, and remove regulations
where appropriate. The recommended
language was approved by consensus
vote during the May 25, 2017, RSAC
meeting and submitted to PHMSA and
FRA for consideration. However, since
the 2017 submission of the
recommended language and following
an in-depth review by PHMSA and
FRA, in this NPRM we propose
additional changes to the recommended
language. These changes are not
intended to revise the intent of HMIWG,
but to ensure that the section is easier
to read and consistent with the rest of
the HMR—such as removing and
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reserving certain paragraphs instead of
redesignating them—and to promote
clear understanding of the requirements
for safe transloading.
PHMSA proposes to modify the title
of the section from ‘‘unloading’’ to
‘‘transloading’’—as approved by
HMIWG—because this more accurately
reflects the operations covered by this
section. Transloading is a subset of
loading or unloading that includes both
loading tank cars from, and unloading
tank cars into, another packaging for
continued movement in transportation.
As approved by HMIWG, PHMSA
proposes to remove the introductory
sentence of this section because it is
unnecessary and inconsistent with other
sections in the HMR. The sentence
merely states, ‘‘for transloading
operations, the following rules must be
observed.’’ With the proposed retitling
of the section, it is now unnecessary.
Paragraph (a)(1) specifies
requirements for hazmat employees
performing unloading operations.
PHMSA proposes minor revisions to
paragraph (a)(1) to clarify that this
section applies specifically to
transloading, as opposed to all
unloading operations, as approved by
HMIWG. PHMSA notes here that tank
car loading and unloading is covered in
§ 173.31 (Use of Tank Cars) and, as
such, proposes to add reference to
§ 173.31(d) (examination before
shipping) and (g) (tank car loading and
unloading) to increase awareness of
relevant requirements for tank car
loading and unloading.
Paragraph (a)(2) specifies
requirements for securing a tank car
against motion. PHMSA proposes to
revise paragraph (a)(2) by removing the
current language and replacing it with a
reference to § 173.31(g), as the language
currently in paragraph (a)(2) is
unnecessarily duplicative of the
requirements in § 173.31(g).
Paragraphs (a)(3) and (4) specify
securement of access to the track and
required warning signage, respectively.
As recommended by HMIWG, PHMSA
proposes to remove and reserve
paragraphs (a)(3) and (4) because the
track securement language would now
become unnecessarily duplicative of the
proposed track securement language in
§ 173.31(g) (see discussion of proposed
amendments to § 173.31(g)).
Paragraph (a)(5) specifies the written
safety procedures that must be
maintained and available for
transloading operations, including
measures to account for the physical
and chemical properties of the lading
being transloaded. In paragraph (a)(5),
PHMSA proposes to include a statement
that the procedures must include
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measures to address the safe handling
and operation of the tank car and tank
car service equipment, as well as
account for physical and chemical
properties of the lading being
transloaded. HMIWG determined that
many of the prescriptive elements of
this section may be outdated or
inconsistent with current industry best
practices for certain materials,
operations, and modern tank car
designs. Thus, many of the prescriptive
elements of § 174.67 in the currently
effective paragraphs (b)–(g), (n), and (o)
were removed and it was the intent of
HMIWG that these prescriptive elements
would be substituted with new
performance-based language proposed
in paragraph (a)(5). However, upon
further review of the language approved
by the RSAC, PHMSA proposes a
modification to the recommended
language of (a)(5) to clarify our
expectations on what the transloading
procedures must cover. PHMSA and
FRA reviewed the prescriptive
instructions proposed for removal from
paragraphs (b)–(g), (n) and (o), and used
the subjects addressed by the
instructions to generate a list of
procedures the proposed paragraph
(a)(5) instructions must address.
PHMSA expects that the transloading
procedures required by paragraph (a)(5)
must address, at a minimum, the
following:
• Temperature monitoring and
pressure relief;
• Safe operation of the tank car for
product loading or unloading;
• Proper disposal of used seals and
other debris;
• Measures to avoid spillage of
contents outside the tank;
• Operation of tank car service
equipment;
• Proper removal of product plugs
that prevent adequate operation of the
service equipment; and
• Proper tool maintenance measures
including the types of tools to use,
calibration, cleanliness, and instructions
on tool use.
To clarify our intent, PHMSA
proposes to add this list of minimum
elements to the transloading procedure
requirement in paragraph (a)(5).
Additionally, PHMSA notes that the
current language of paragraph (a)(5)
does not include a specific instruction
that transloading facilities must follow
their written procedures. The removal of
the prescriptive instructions in this
section increases the importance of the
written procedures for safe transloading
operations; therefore, we propose to add
the phase ‘‘and adhere to’’ to the
requirement to maintain written
transloading procedures in order to
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ensure that these procedures are
actually implemented.
As agreed to by HMIWG, PHMSA
proposes to remove and reserve
paragraph (a)(6), which currently
specifies requirements to relieve
pressure in the tank car before removing
a manhole cover or outlet valve cap
from the tank car. As noted by HMIWG,
the current requirement is too
prescriptive, outdated, and not
necessarily consistent with current
industry best practices. Furthermore,
procedures to monitor the temperature
and to relieve pressure should be part of
the overall safety procedures and
measures referenced in the proposed
performance-based requirement of new
paragraph (a)(5); therefore, we are
removing the duplicative measures in
current paragraph (a)(6) and reserving
the paragraph.
The RSAC-approved regulatory text
for § 174.67 proposed to remove the
existing requirements in currently
effective paragraphs (b) through (g), to
re-designate the requirements in
paragraphs (h) through (l) into these
newly removed paragraphs, and also to
update the requirements in (h) through
(l) to address changes in tank car design
and operation. However, since the 2017
submission of the recommended actions
and following an in-depth review by
PHMSA and FRA, we have determined
that redesignating the existing
requirements would result in confusion;
therefore, in this NPRM we propose to
remove and reserve paragraphs (b)
through (g), and to make the RSACapproved revisions to the section while
maintaining the existing paragraph
structure. For example, rather than
proposing to revise the requirements for
securing unloading connections that are
currently found in paragraph (h) and
moving the requirements to paragraph
(b), we propose to revise the
requirements in paragraph (h) and leave
it in its current location in the section.
Otherwise, a current reference citation
to paragraph (h) in another section of
the HMR or existing guidance
documents would no longer make sense.
Below we discuss the revisions to each
of the remaining paragraphs of § 174.67.
PHMSA proposes to remove and
reserve paragraph (b), which includes
prescriptive language on the operation
of various types of manway designs. The
current language has become outdated
and does not encompass modern-day
manway cover designs or industry best
practices. Procedures for safely
operating various types of manway
designs must be included in the safety
procedures required by proposed
paragraph (a)(5) of this section, and
should be consistent with the design,
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OEM recommendations, and industry
best practices. Structurally, HMIWG
voted to replace this paragraph with the
requirements currently proposed in
paragraph (h) instead of removing and
reserving paragraph (b). For ease of
understanding and to ensure no other
regulatory citations or guidance
documents need to be updated, PHMSA
instead proposes to remove and reserve
paragraph (b).
Paragraph (c) contains prescriptive
procedures for operation of manhole
covers during unloading through the
bottom outlet valve. The current
language has become outdated and does
not encompass modern day manway
cover designs or industry best practices.
The transloading operator’s procedure
for safely operating the tank car for
product unloading must be adequately
addressed by the safety procedures
required by proposed paragraph (a)(5) of
this section. Structurally, HMIWG voted
to remove this paragraph and replace it
with the requirements currently
proposed in paragraph (j) rather than
removing and reserving paragraph (c).
However, for readability and so no other
regulatory citations or guidance
documents need to be updated, PHMSA
proposes to remove and reserve this
paragraph instead.
Paragraph (d) contains prescriptive
safety procedures for unloading of
product from a tank car. Paragraph (d)
may not be applicable to certain types
of transloading operations and may no
longer be consistent with current
industry best practices. As such,
PHMSA proposes to remove and reserve
the requirements. These procedures
should be adequately covered by the
safety procedures developed and
updated by the transloading operator to
comply with proposed paragraph (a)(5)
of this section. Structurally, HMIWG
proposed to remove this paragraph and
replace it with the requirements
currently proposed in paragraph (k)
instead of removing and reserving
paragraph (d). However, for readability
and so no other regulatory citations or
guidance documents need to be
updated, PHMSA proposes to remove
and reserve this paragraph instead.
Paragraph (e) currently states that
seals or other substances shall not be
thrown into the tank, and the contents
of the tank may not be spilled over the
car or tank. HMIWG determined the
requirement in this paragraph was
unnecessarily prescriptive, as the
procedures for properly removing and
disposing of seals and other substances
must be included in the safety
procedures required by proposed (a)(5)
of this section. Furthermore, the HMR
already prohibits residual hazardous
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material on the outside of the packaging.
Structurally, HMIWG proposed to
remove this paragraph and replace it
with the requirements currently
proposed in paragraph (l) instead of
removing and reserving paragraph (e).
However, to ensure ease of
understanding and so no other
regulatory citations or guidance
documents need to be updated, PHMSA
proposes to remove and reserve this
paragraph instead.
Paragraph (f) currently contains
prescriptive safety procedures for
operating a top-operated bottom outlet
valve. HMIWG determined that these
prescriptive safety procedures for valve
operation are outdated and do not
reflect current bottom outlet designs.
The requirements for bottom outlet
valve operation must be part of the
safety procedures as required by
proposed paragraph (a)(5) of this
section. Structurally, HMIWG agreed to
remove this paragraph and replace it
with the requirements currently
proposed in paragraph (m) instead of
removing and reserving paragraph (f).
However, to ensure ease of
understanding and so no other
regulatory citations or guidance
documents need to be updated, PHMSA
proposes to remove and reserve this
paragraph instead.
Paragraph (g) currently contains
prescriptive procedural requirements for
operation of equipment to remove
product plugs that prevent adequate
operation of the valves and equipment.
In 2017, HMIWG agreed to remove and
reserve this paragraph. For some
operations, the current procedures of
paragraph (g) may be outdated or
inconsistent with current industry best
practices. Instead, PHMSA and FRA
have determined such prescriptive
procedures must be included and
updated in the safety procedures
required by proposed paragraph (a)(5) of
this section. As such, PHMSA proposes
to remove and reserve this paragraph
(g).
Paragraph (h) currently details
securement requirements for
connections used for the transfer of
hazmat into—or out of—a tank car.
PHMSA proposes to amend paragraph
(h) by removing the word ‘‘unloading’’
from it, as agreed to by HMIWG.
However, as previously mentioned,
instead of moving this paragraph to
replace paragraph (b)—as agreed to by
HMIWG—PHMSA proposes to make
this change without moving the
paragraph. Finally, the language is
further modified for clarity by removing
the reference to ‘‘pipes on the dome’’
since connections could include more
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than just pipes (e.g., valves, hoses, or
reducers).
Currently, paragraph (i) provides
requirements for the facility operator
during unloading, paragraph (j) includes
certain exceptions for attendance, and
paragraph (k) specifies requirements
when an unloader is absent. In this
NPRM, PHMSA proposes minor
revisions to paragraphs (i)(2)(i), (j)(2), (k)
introductory text, (k)(4), and (k)(5).
These minor edits align these
paragraphs with the rest of the proposed
amendments in § 174.67 and were
agreed to by HMIWG.
Paragraph (l) currently prescribes the
actions that must be taken as soon as a
tank car is completely unloaded. As
agreed to by the HMWIG, PHMSA
proposes to remove the closure
securement language and replace it with
a reference to pre-transportation closure
securement regulations in § 173.31. This
is being proposed because we believe
this securement of closures and removal
of unloading connections language is
unnecessary and redundant of existing
requirements in § 173.31(d) associated
with pre-trip examination of the tank
car.
Paragraph (n) currently contains
prescriptive environmental remediation
procedures when oil or gas has been
spilled. As agreed to by HMIWG,
PHMSA proposes to remove and reserve
paragraph (n) because specific
instruction on the environmental
remediation or cleanup of a hazmat spill
is outside the scope of the HMR.
However, such procedures may be
included as part of the facility’s safety
procedures in order to meet other
applicable federal, state, or local
requirements.
Paragraph (o) currently includes
language requiring tools to be kept
clean. As recommended by HMIWG,
PHMSA proposes to remove and reserve
paragraph (o). Tool maintenance
measures including the types of tools to
use, calibration, cleanliness, and
instructions on use must be included in
the safety procedures required by
proposed paragraph (a)(5) of this
section. Therefore, we are removing the
redundant language covered by this
paragraph and reserving it.
Overall, PHMSA expects that the
proposed revisions to § 174.67 will
maintain safety by allowing
transloading to be conducted in
accordance with written safety
procedures and industry best practices
developed specifically for the tank car
designs involved and materials being
transferred, instead of prescriptive
standards.
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Section 174.81
Section 174.81 specifies segregation
requirements for the transportation of
hazardous materials by rail. Paragraph
(g) specifies the instructions for the
Class 1 (explosive) segregation table in
paragraph (f). In review of these
requirements, PHMSA notes that
paragraph (g)(3)(iv) has outdated
terminology. Currently, the paragraph
specifies requirements and limitations
for detonators and detonating primers.
However, the term ‘‘detonating primers’’
is no longer used in the HMR. Final rule
HM–189M 46 corrected editorial errors,
made minor regulatory changes, and
improved the clarity of certain
provisions to the HMR. One of these
revisions was updating the wording
‘‘detonating primers’’ to the more
accurate terminology of ‘‘detonating
assemblies and boosters with
detonators.’’ However, PHMSA
identified this editorial correction was
not made in § 174.81(g)(3)(iv).
Therefore, PHMSA proposes to revise
the terminology of ‘‘detonating primers’’
to ‘‘detonating assemblies and boosters
with detonators.’’ In review of
§ 174.81(g)(3)(iv), PHMSA also
determined the phrase ‘‘Division 1.4S
explosives’’ created unnecessary
confusion in the applicability of Note 4.
Detonators, detonating assemblies, and
boosters with detonators, whether
Division 1.1, 1.2, or 1.4, may not be
transported in the same rail car with
Division 1.1 and 1.2 material (except
other detonators, detonating assemblies,
and boosters with detonators). These
requirements align with current
standards for highway and vessel
explosive segregation. PHMSA expects
these editorial clarifications will
improve clarity of the HMR while not
creating any additional burdens for rail
transportation of explosives.
Part 176
Section 176.2
Section 176.2 defines terms for the
purposes of part 176. In conjunction
with the USCG, PHMSA proposes an
editorial revision to the definition of
Commandant (CG–522), USCG to reflect
organizational updates within the
USCG. The proposed revisions include
replacing the acronym ‘‘CG–522’’ with
the current acronym ‘‘CG–ENG,’’ which
stands for United States Coast Guard
Office of Design and Engineering
Standards; replacing the ‘‘Office of
Operating and Environmental
Standards’’ with the current name
‘‘Office of Design and Engineering
Standards’’; and replacing the outdated
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postal code ‘‘20593–0001’’ with the
current postal code of ‘‘20593–7509.’’
Section 176.84
Section 176.84 describes the
requirements to store, handle, and
segregate hazardous materials for cargo
and passenger vessels, with paragraph
(a) specifying the meaning of the
Column 10B of the § 172.101 HMT
stowage codes (e.g., ‘‘stow away from
hydrazine’’). Limited quantities are not
subject to the stowage code provisions
found in Column 10B of the HMT (see
§ 172.101(k)), however § 176.84(a) does
not restate that limited quantities are
not subject to the stowage code
provisions assigned by Column 10B of
the HMT.
The International Vessel Operators
Dangerous Goods Association (IVODGA)
submitted a comment 47 to the 2017
Regulatory Reform Notice, stating that
placing the limited quantity stowage
code exception only in § 172.101(k)
created confusion for shippers and
vessel operators. IVODGA requested
that PHMSA revise § 176.84 editorially
to reiterate that limited quantities are
not subject to the stowage codes
assigned by Column 10B of the
§ 172.101 HMT. PHMSA and the USCG
agree that § 176.84 should be revised
editorially to reiterate the limited
quantity exception to reduce confusion.
Therefore, PHMSA proposes to revise
§ 176.84(a) editorially by duplicating the
limited quantity exception language
from § 172.101(k). PHMSA expects this
revision will increase safety and
efficiency by reducing confusion for
shippers and carriers of limited quantity
materials.
Section 176.340
Section 176.340 describes
requirements for the vessel
transportation of combustible liquids in
portable tanks. Paragraph (c) specifies
portable tanks approved by the
Commandant (CG–MSO), USCG are
authorized for the transportation of
combustible liquids by vessel. PHMSA
proposes an editorial revision, to
replace the acronym ‘‘CG–MSO’’ with
that office’s current acronym ‘‘CG–
ENG.’’ This revision will provide clarity
and reduce confusion by aligning the
HMR with USCG’s current office
structure.
Section 176.905
Section 176.905 describes the
requirements for transporting vehicles
powered by an internal combustion
47 See IVODGA OST Regulatory Reform comment:
https://www.regulations.gov/document?D=DOTOST-2017-0069-2399.
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engine, fuel cell, batteries, or a
combination of these fuel sources by
vessel. Paragraph (i) specifies when a
vehicle complies with the requirements
of the paragraph, it is not subject to the
HMR. PHMSA proposes to add
paragraph (i)(7) to provide an exception
from the requirements of the HMR for
vehicles stored incidental to movement
on shore prior to or after vessel
transportation. This exception is
intended to mirror the HMR’s broad
exception for vehicles transported by
highway or rail in accordance with
§ 173.220(h)(1). PHMSA expects this
will have no impact on the safe
transportation of vehicles while
providing regulatory relief for vessel
transporters.
Part 177
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Section 177.801
Section 177.801 specifies that a
forbidden material, or hazardous
material not prepared in accordance
with the HMR, is not authorized for
transportation by motor vehicle.
PHMSA proposes to expand the section
to include additional scenarios that are
unacceptable for transportation. These
are proposed for ease of regulatory
understanding and clarity and are not
new restrictions. To accomplish this,
the first half of the introductory
paragraph is proposed as a new
paragraph (a). Additionally, the second
half of the introductory paragraph is
moved to a new paragraph (b) and
revised to specify that a hazardous
material not classified, packaged,
marked, labeled, or placarded in
accordance with the requirements of the
HMR or by special permit may not be
accepted for transportation or
transported. These additional examples
will provide greater clarity of what
materials are not acceptable for
transportation under the HMR and will
increase safety.
Section 177.804
This section requires motor vehicle
carriers of hazardous materials comply
with the FMCSR and paragraph (a)
specifies motor carriers and other
persons subject to part 177 must also
comply with specific provisions of the
FMCSR. PHMSA has been made aware
there is potential confusion in a
scenario where a vehicle is subject to
the HMR, but the vehicle is not of
sufficient size to be subject to the
FMCSR. Therefore, to provide
regulatory clarity without reducing
safety, PHMSA proposes to amend
paragraph (a) to specify compliance
with the FMCSR is only applicable to
vehicles that are subject to the FMCSR.
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Section 177.816
Section 177.816 specifies the
requirements for highway transportation
driver training. Currently, paragraph (c)
specifies that §§ 177.816(a) and (b)
training requirements may be satisfied
with a tank vehicle or hazardous
materials endorsement. In collaboration
with FMCSA, PHMSA has become
aware that cargo tank motor carriers are
relying solely on the tank endorsement
or hazardous materials endorsement
provision in paragraph (c) to meet the
training requirements related to cargo
tank driving functions. FMCSA advises
that most states have a six- or seven-year
expiration on Commercial Driver’s
Licenses (CDLs), far beyond the threeyear refresher training required by
§§ 172.704 and 177.816(d). While
paragraph (c) allows for the tank
endorsement or hazardous materials
endorsement to meet training
requirements, the HMR does not allow
the period of renewal of a tank vehicle
or hazardous materials endorsement to
supersede the three-year HMR
requirement. Therefore, to assist in
understanding of the current regulatory
requirements and increase compliance,
PHMSA proposes to add qualifying
language to paragraph (c) to specify that
the tank vehicle or hazardous materials
endorsement may be used in place of
the training requirements if it
appropriately covers the requirements
in paragraph (a) and (b). Furthermore,
PHMSA proposes to add language to
paragraph (d) stating that the training
frequency must meet the requirements
of § 172.704(c), which is required at
minimum every three years. This
clarification will enhance safety by
ensuring everyone understands and
abides by the current requirement that
periods between training cannot exceed
three years and will help ensure all
operators are aware of the most current
issues and response plans.
Section 177.835
Section 177.835 specifies additional
requirements for the transportation of
Class 1 hazardous materials by motor
vehicle. Paragraph (d) provides
conditions and requirements for Class 1
materials to be transported in
multipurpose bulk trucks (MBTs).
PHMSA proposes to revise paragraph
(d) to specify an MBT may not be
transported with a cargo tank that is
required to be marked or placarded.
Final rule HM–233D 48 established
standards for the safe transportation of
certain bulk explosives. In HM–233D,
PHMSA added paragraph (d) to allow
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Class 1 (explosive) materials to be
transported with Division 5.1
(oxidizing), Class 8 (corrosive), and/or
combustible liquids in MBTs under
conditions set forth in IME Standard 23
and § 177.835(g). This regulatory
allowance was based on the adoption of
DOT–SP 11579. Following publication
of this final rule, FMCSA noted that
certain private motor carriers are
transporting explosive materials for
mining and quarrying in MBTs along
with a secondary cargo tank motor
vehicle transporting Division 1.5
hazardous materials (sometimes referred
to as a ‘‘pup’’ cargo tank motor vehicle).
However, it was not PHMSA’s intention
to authorize this configuration in HM–
233D, as it was not authorized in DOT–
SP 11579. As this is not indicated
clearly in § 177.835(d), PHMSA
proposes to specify an MBT may not be
transported with any cargo tank that is
required to be marked or placarded
under § 177.823. PHMSA expects this
proposed language to increase safety
and eliminate the inconsistency
between DOT–SP 11579 and the current
regulatory requirements. In addition,
this proposal is consistent with the
existing prohibition in § 177.835(c)(3)
that specifies Division 1.1 or 1.2
(explosive) materials may not be loaded
or carried on a combination of vehicles
when any vehicle in the combination is
a cargo tank that is required to be
marked or placarded under § 177.823.
Section 177.837
Section 177.837 specifies the
requirements for the transportation of
Class 3 (flammable liquids) hazardous
materials by motor vehicle. Paragraph
(c) specifies bonding and grounding
requirements before and during transfer
of lading to or from a cargo tank. This
requirement only applies to flammable
liquids; the HMR do not currently
require cargo tanks that are transferring
combustible liquids to be bonded and
grounded in accordance with the
requirements of this section. However,
combustible liquids and flammable
liquids that have been reclassified as
combustible liquids exhibit
characteristics similar to materials
classed as flammable liquids,
particularly regarding vapors. Both
combustible liquids and flammable
liquids that have been reclassified as
combustible liquids also have the
potential for initiation by the static
charge produced by product flow
through a piping system on a cargo tank
motor vehicle that is not bonded and
grounded.
PHMSA identified four recent
incidents involving combustible liquids
that may have been minimized by the
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proposed bonding and grounding
requirement prior to loading or
unloading. Below are summaries of
these incidents, which highlight the
potential severity of incidents, resulting
total damages, and release of hazardous
materials:
• August 5, 2015: A cargo tank was
loading diesel fuel at a fuel station when
a fire ignited under the hood of the
vehicle, resulting in $349,130 in total
damages. 4,500 gallons of diesel fuel
was released.
• August 4, 2016: An explosion
occurred at a shipper’s loading facility
while diesel fuel was being loaded into
a cargo tank motor vehicle. Total
damage costs amounted to almost $2
million and a release of 2,500 gallons.
• January 31, 2018: While a cargo
tank motor vehicle was being loaded,
Fuel Oil (No. 1, 2, 4, 5, or 6) was
released, followed by an explosion and
fire. The total damages were $1.3
million and 2,534 gallons were released.
• June 3, 2019: An explosion
occurred while aviation fuel was being
loaded into a cargo tank motor vehicle,
resulting in a release of 3,104 gallons of
hazardous material and approximately
$7.3 million in total damages. In
addition, this incident resulted in one
major injury and three minor injuries.
Based on these incidents and to
ensure the safe transportation of these
materials, PHMSA proposes to revise
paragraph (c) to specify that a
flammable liquid, a combustible liquid,
or a flammable liquid reclassified as
combustible liquid is subject to the
bonding and grounding requirements of
§ 177.837.
Section 177.840
This section details additional
requirements for Class 2 (gases)
hazardous materials transported by
highway. Paragraph (n) states that in the
event of an unintentional release of
liquefied compressed gas to the
environment, the internal self-closing
stop valve or other primary means of
closure must be shut. Paragraph (r)(2)
requires the qualified person monitoring
the unloading of a cargo tank motor
vehicle containing liquefied compressed
gas using a facility-provided hose be
within arm’s reach of the mechanical
means of closure for the internal selfclosing stop valve. Lastly, paragraph (t)
requires the qualified person monitoring
the unloading of a cargo tank motor
vehicle containing liquefied compressed
gas and being unloaded without
emergency discharge equipment be
within arm’s reach of the mechanical
means of closure for the internal selfclosing stop valve. All three of these
paragraphs only reference internal self-
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closing stop valves and do not include
a reference to external self-closing stop
valves. However, there are cargo tank
motor vehicles that transport liquefied
compressed gas that have external selfclosing stop valves. In total, FMCSA
estimates that there are approximately
122,014 cargo tank motor vehicles that
transport Division 2.2 (non-poisonous
nonflammable gas) hazardous materials,
which includes liquefied compressed
gases, that have internal and/or external
self-closing stop valves. Given the high
number of cargo tank motor vehicles
that may utilize external self-closing
stop valves, primarily in cryogenic
service, it is important to ensure that
requirements for access to the means of
closure for internal self-closing stop
valves also apply to external self-closing
stop valves. Therefore, PHMSA is
adding clarifying language that these
access requirements apply to both
internal and external means of closure.
PHMSA expects these additional
provisions will continue to ensure the
safe transportation of cargo tank motor
vehicles and proposes to revise these
paragraphs to require external selfclosing stop valves to comply with the
same requirements as internal selfclosing stop valves. In review of
historical rulemaking language, PHMSA
does not expect it was the explicit intent
to exclude external self-closing stop
valves from these requirements.
Lastly, in paragraph (t), PHMSA
proposes to remove the reference to
December 31, 1999, as it is obsolete, and
all chlorine cargo tank motor vehicles
are now subject to the additional
unloading requirements specified in this
paragraph. This editorial revision
increases regulatory clarity without
diminishing safety.
Section 177.841
This section provides additional
requirements when transporting
Division 6.1 and Division 2.3 hazardous
materials via motor vehicle. Paragraph
(e)(1) specifies when a package bears a
POISON or POISON INHALATION
HAZARD label or placard, it may not be
transported in the same motor vehicle
with foodstuffs, feed, or edible material
intended for consumption by humans or
animals unless the poisonous material is
packaged in a specific way. In the
interest of safety, PHMSA proposes to
revise paragraph (e)(1) to also include
packages bearing or required to bear a
POISON GAS label or placard in the list
of restricted hazardous materials with
foodstuffs, feed, or edible material.
Paragraph (e)(2) specifies a package
bearing or required to bear a POISON,
POISON GAS, or POISON
INHALATION HAZARD label is not
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authorized for transportation in the
driver’s compartment of a motor
vehicle. Due to new motor vehicle
designs, PHMSA proposes to revise this
paragraph to specify that this also
includes ‘‘enclosed van trucks with no
permanent barrier separating the driver
from the cargo component.’’ As the
intent of this paragraph is to ensure a
driver is not exposed to a poisonous
material while in transportation, this
revision ensures the continued safety of
drivers in transportation.
Part 178
Section 178.320
Section 178.320 specifies general
requirements for DOT specification
cargo tank motor vehicles and paragraph
(a) includes definitions that apply to
DOT specification cargo tank motor
vehicles.
PHMSA proposes to amend the
following definitions:
• Cargo tank: During review of
§ 178.320, PHMSA noted that cargo tank
was also defined in § 171.8, with minor
editorial differences. PHMSA proposes
to revise the § 171.8 definition of cargo
tank to align with the current definition
in § 178.320. See ‘‘Section IV. Sectionby-Section Review; Part 171; Section
171.8’’ for details on the proposed
changes to the § 171.8 definition of
cargo tank. Subsequently, instead of
also proposing to revise the definition in
this section to match, PHMSA proposes
to replace the definition of cargo tank
with a reference to the definition in
§ 171.8. This avoids unnecessary
duplication and ensures if a future
revision is necessary, it will only have
to be revised in a single location.
Furthermore, this still ensures that a
reader who looks to § 178.320 for the
definition of cargo tank is able to locate
the definition in § 171.8 easily.
• Cargo tank motor vehicle: The
definition of cargo tank motor vehicle is
currently defined in both §§ 171.8 and
178.320, with no differences between
the two. Similar to the proposal to the
definition of cargo tank in this section,
PHMSA proposes to replace the
§ 178.320 definition of cargo tank motor
vehicle with a reference to the definition
in § 171.8. This avoids any potential
future discrepancy between the same
definition in two sections of the HMR.
• Minimum thickness: PHMSA
proposes to add the word ‘‘in’’ to the
last sentence of this definition, as an
editorial amendment for correct
grammar.
PHMSA proposes to add the following
definitions:
• Cargo tank motor vehicle
certification date: Based on stakeholder
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feedback, PHMSA and FMCSA
understand there is some confusion on
the difference between the cargo tank
motor vehicle certification date and the
original test date. It is important to
understand the difference, as the HMR
require the cargo tank motor vehicle
certification date to be marked on the
specification plate, with the original test
date marked on the name plate. To
reduce any confusion, PHMSA proposes
to add a definition for cargo tank motor
vehicle certification date and original
test date. PHMSA proposes to define
cargo tank motor vehicle certification
date as the date the cargo tank motor
vehicle manufacturer certifies the
completed cargo tank motor vehicle
complies in all respects with the DOT
specification and the ASME Code, if
applicable. See below for a discussion
on the proposed definition of original
test date.
• Component: Section 178.320
currently defines an appurtenance as
‘‘any attachment to a cargo tank that has
no lading retention or containment
function and provides no structural
support to the cargo tank.’’ Because a
component may have some form of
lading retention function, either during
loading, unloading, in-transit, or a
combination thereof, it does not meet
the definition of an appurtenance.
Having no definition in § 178.320 can
cause confusion. Therefore, PHMSA
proposes to add a definition for
component to mean ‘‘any attachment to
the cargo tank or cargo tank motor
vehicle, including valves, piping,
fittings, ladders, clips, protection
devices, and hoses that contain lading
during loading, unloading or
transportation, or are required to be
pressure or leak-tested in accordance
with the requirements of part 180 of this
subchapter.’’
• Flexible connector: In
§ 180.407(d)(2)(ii) of this NPRM,
PHMSA proposes to specify that a
flexible connector is a part of the piping
system, but it is not currently defined in
the HMR. Therefore, PHMSA proposes
to add a definition for the term flexible
connector. The proposed definition is
similar to the definition in NFPA
Standard No. 58, and PHMSA proposes
a flexible connector to mean ‘‘a short
component of a piping system, not
exceeding 36 in. (.91 m) overall length,
fabricated of flexible material and
equipped with suitable connections on
both ends.’’ Furthermore, PHMSA
proposes this definition specifies that
‘‘liquefied petroleum gas resistant
rubber and fabric or metal, or a
combination thereof, or all metal may be
used.’’
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• Lading retention system: PHMSA
proposes to add a definition of lading
retention system as it is referenced
several places in the HMR but is not
currently defined. Having no definition
in the HMR can cause regulatory
confusion, so adding a definition will
decrease confusion and enhance safety.
PHMSA proposes that a lading retention
system means ‘‘the cargo tank wall and
any associated components or
equipment that, if damaged, could result
in the release of the contents of the
package.’’ This proposed definition
aligns with Letter of Interpretation Ref.
No. 03–0057.49 As specified in the
letter, PHMSA considers piping and
valves to be a part of the associated
components or equipment in the lading
retention system.
• Lining: There are a variety of linings
used in the cargo tank industry, such as
internal and external linings and
coatings, and while the term is used
throughout the HMR, it is not defined.
By adding a definition of lining to
§ 178.320, PHMSA expects this will
ensure effective communication within
the regulated community and will
prevent any future confusion, thus
enhancing safety. PHMSA proposes
lining to mean ‘‘an internal layer of
different material covering the inside
surface of the cargo tank.’’
• Name plate: The terms ‘‘ASME
plate,’’ ‘‘name plate,’’ and ‘‘specification
plate’’ are not used throughout the HMR
consistently. This has created a
considerable amount of confusion
among the regulated community. This
uncertainty is amplified when
considering the challenges associated
with mounting a used ASME Code cargo
tank to a new chassis. To address the
issue and alleviate industry frustration,
PHMSA proposes to establish a
definition for name plate (as well as a
definition for specification plate).
PHMSA proposes name plate to mean
‘‘a data plate permanently attached to
the cargo tank by the cargo tank
manufacturer for the purpose of
displaying the minimum information
required by the ASME Code, as
prescribed in §§ 178.337–17(b),
178.338–18(b), or 178.345–14(b) of this
part, as appropriate.’’ PHMSA and
FMCSA expect this definition aligns
with current industry practice and
stakeholder understanding. See below
for a discussion on the proposed
definition of specification plate.
• Original test date: As previously
discussed, there is confusion on what
constitutes the original test date marked
49 See Letter of Interpretation Reference No. 03–
0057: https://www.phmsa.dot.gov/regulations/
title49/interp/03-0057.
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on the name plate and the cargo tank
motor vehicle certification date stamped
on the specification plate. Some in the
regulated community have indicated the
original test date is the date the cargo
tank was actually completed, while
others believe it is the cargo tank motor
vehicle certification date. However, if
the original test date is the date the
cargo tank motor vehicle is certified,
this does not take into account certain
circumstances during the manufacturing
process. For example, sometimes a cargo
tank motor vehicle is constructed in two
phases where the cargo tank is
manufactured but it is assembled and
mounted on a chassis at a later date
(thus becoming a cargo tank motor
vehicle). Alternatively, there are other
circumstances where a cargo tank is
assembled and mounted on a different
chassis, and it is necessary to know
when the original cargo tank was
manufactured. Therefore, as previously
discussed, to ensure consistent
understanding of the HMR, PHMSA
proposes to add definitions for cargo
tank motor vehicle certification date
and original test date. PHMSA proposes
that original test date mean ‘‘the date
the cargo tank manufacturer performed
the original pressure test in accordance
with part 178, to verify the structural
integrity of the cargo tank in accordance
with the requirements for new
construction prescribed in this part.’’
• Sacrificial device: PHMSA noted
that sacrificial device is currently
defined in § 178.345–1 (the section for
DOT Specification 406, 407, and 412
cargo tank motor vehicles definitions);
however, the definition also applies to
DOT Specification MC 331 cargo tank
motor vehicles. Therefore, PHMSA
proposes to move the definition for
sacrificial device from § 178.345–1(c) to
§ 178.320.
• Shear section: PHMSA noted that
shear section is currently defined in
§ 178.345–1 (the section for DOT
Specification 406, 407, and 412 cargo
tank motor vehicles definitions);
however, the definition also applies to
DOT Specification MC 331 and 338
cargo tank motor vehicles. Therefore,
PHMSA proposes to move the definition
for shear section from § 178.345–1(c) to
§ 178.320.
• Specification plate: As previously
mentioned, PHMSA proposes to add a
definition for specification plate to help
distinguish it from a name plate and
provide greater clarity. PHMSA and
FMCSA expect that this proposed
definition aligns with current industry
practice and stakeholder understanding.
PHMSA proposes that a specification
plate means ‘‘a data plate containing the
applicable markings provided in
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§§ 178.337–17(c), 178.338–18(c), or
178.345–14(c), as appropriate, and
permanently attached to the cargo tank
or cargo tank motor vehicle chassis by
the manufacturer. The markings on this
plate are certification by the
manufacturer that the cargo tank or the
cargo tank motor vehicle conforms in all
respects with the specification
requirements of this subchapter.’’
PHMSA requests comment on these
proposed definitions and how they
affect different functions. Specifically,
are all the possible alternatives included
in the proposed regulatory language?
Does any of the proposed regulatory
language obstruct current activities or
functions?
Section 178.337–1
This section sets forth the general
requirements for DOT Specification MC
331 cargo tank motor vehicles.
Paragraph (d) addresses the requirement
for reflective design of the cargo tank.
PHMSA proposes to remove the
requirement that specifies that the cargo
tank must be painted. This is consistent
with previously issued Letters of
Interpretation Reference Nos. 11–0067,
14–0180, 15–0242, and 19–0107. This
provides for additional regulatory
flexibility while still maintaining safe
transportation of hazardous materials.
Specifically, PHMSA proposes to
remove the requirement for the cargo
tank to be painted, which allows for the
use of a wrap, cover, or paint on
uninsulated cargo tanks to meet the
reflexivity performance standard.
Paragraph (g) provides definitions
specific to MC 331 cargo tank motor
vehicles. In review of this section, and
the cargo tank motor vehicle definitions
in § 178.320, PHMSA noted duplicative
definitions for internal self-closing stop
valves in §§ 178.320 and 178.337–1.
PHMSA proposes to remove the
definition of internal self-closing stop
valves in § 178.337–1 to avoid
unnecessary duplication and ensure that
if the definition needs to be revised in
the future, it only has to be revised in
one regulatory section.
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Section 178.337–2
This section details materials
authorized for DOT Specification MC
331 cargo tanks. Paragraph (b)(2)(i)
specifies the materials of construction
for chlorine cargo tanks manufactured
after January 1, 1975, must conform to
ASTM A 612 Grade B or A 516/A 516M,
Grade 65 or 70 (IBR, see § 171.7 of this
subchapter). However, PHMSA and
FMCSA noted that steel is no longer
defined as grade A or B. Therefore,
PHMSA proposes to remove the
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reference to Grade B steel appropriately
to remove any potential confusion.
Sections 178.337–3, 178.338–3, and
178.345–3
Sections 178.337–3, 178.338–3, and
178.345–3 detail structural integrity
requirements for DOT Specification MC
331; MC 338; and DOT Specification
406, 407, and 412 cargo tank motor
vehicles, respectively. Paragraph (g) in
§§ 178.337–3 and 178.338–3 and
paragraph (f) in § 178.345–3 specify the
design, construction, and installation of
an attachment, appurtenance, structural
support member, or accident protection
device.
In paragraph (g)(3) of §§ 178.337–3
and 178.338–3 and paragraph (f)(3) of
§ 178.345–3, PHMSA proposes to
specify the welding of any appurtenance
to the cargo tank wall applies to both
‘‘internal or external’’ appurtenances.
Consistent with long-standing letters of
interpretation previously issued by
PHMSA, this revision provides
regulatory clarity and ensures continued
safe manufacture of cargo tank motor
vehicles.50 In these long-standing letters
of interpretation, PHMSA notes that
internal appurtenances may not be
attached to the cargo tank wall without
mounting pads. An example of internal
appurtenances are baffles, which require
mounting pads to be attached to the
cargo tank wall.
PHMSA also proposes minor editorial
revisions to §§ 178.338–3(g)(3) as well
as § 178.345–3(f) and (f)(3) to ensure
consistency throughout the HMR, as
these paragraphs outline the same
requirements for different types of cargo
tank motor vehicles. In § 178.338–
3(g)(3), PHMSA proposes to add the
preposition ‘‘to’’ in the first sentence for
grammatical accuracy. In addition,
when comparing these paragraphs,
PHMSA identified that ‘‘accident
damage protection’’ was not specified in
the applicability of § 178.345–3(f) for
DOT 400 series cargo tanks, but it was
identified in § 178.337–3(g) for MC 331
cargo tanks and § 178.338–3(g) for MC
338 cargo tanks. As these paragraphs
have the same regulatory intent,
PHMSA proposes to add accident
damage protection to § 178.345–3(f).
PHMSA expects this proposal will
eliminate any potential confusion from
regulatory inconsistency, which will
increase safety. PHMSA also proposes to
revise the first reference of ‘‘shell or
50 See Letters of Interpretation Reference Nos. 07–
0169 and 14–0235. Letter of Interpretation
Reference No. 07–0169 is available at: https://
www.phmsa.dot.gov/regulations/title49/interp/070169. Letter of Interpretation Reference No. 14–
0235 is available at: https://www.phmsa.dot.gov/
regulations/title49/interp/14-0235.
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head’’ in § 178.345–3(f)(3) to read as
‘‘shell wall or head wall,’’ similar to
§§ 178.337–3(g)(3) and 178.338–3(g)(3).
Furthermore, §§ 178.337–3(g)(3)(iii),
178.338–3(g)(3)(iii), and 178.345–
3(f)(3)(iii) require that when welding
any appurtenance to the cargo tank wall
with a mounting pad, the pad must
extend at least two inches in each
direction from any point of an
appurtenance or structural support
member. The second sentences of these
sections also specify ‘‘[t]his dimension
may be measured from the center of the
attached structural member.’’ PHMSA
proposes to remove this sentence,
because it can lead to confusion while
only providing an option on how that
measurement can be made. The
circumstance for this option mostly
applies to only small attachments
where, because of either location or
function, it is easy to measure from the
center of the structural member.
PHMSA expects that because this
provision is only applicable in some,
but not all, circumstances, it creates
confusion in situations where the center
of the attached structural member
cannot be identified or the measurement
from the center does not make sense.
Therefore, to eliminate any potential
confusion, PHMSA proposes to remove
this sentence. Although PHMSA
proposes to remove the regulatory
instruction, the dimension may still be
measured from the center of the
attached structural member, if
applicable.
Finally, PHMSA is proposing an
editorial revision to these three sections
to remove the phase ‘‘or structural
support members.’’ Structural support
members are not required to be attached
to the tank shell with mounting pads
(see final rule HM–213) 51 therefore
PHMSA proposes to remove the phrase
to eliminate confusion over
requirements for use of mounting pads
with structural support members.
Section 178.337–3
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–3,
178.338–3, and 178.345–3’’ for details
on the revisions proposed to this
section.
Sections 178.337–8, 178.338–11, and
178.345–11
Section 178.337–8 details
requirements for the openings, inlets,
and outlets of DOT Specification MC
331 cargo tank motor vehicles;
§ 178.338–11 details discharge control
devices for DOT Specification MC 338
cargo tank motor vehicles; and
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§ 178.345–11 details tank outlet
requirements for DOT Specification 406,
407, and 412 cargo tank motor vehicles.
PHMSA proposes to add paragraph
(a)(4)(vii) in § 178.337–8, paragraph
(c)(2)(iii) in § 178.338–11, and
paragraph (b)(1)(iv) in § 178.345–11 to
require if the cargo tank is equipped
with a mechanical means of remote
closure for manual operation, it must
not be obstructed by equipment or
appurtenances in a manner that
prevents access to or operation of the
remote means in an emergency. FMCSA
has encountered cargo tank motor
vehicles where the manual emergency
remote shut off device has been
obstructed by various equipment or
appurtenances that were added after the
date of manufacture. This is a safety
concern because obstructions to the
manual emergency remote shut off
device make the device harder to
activate in an emergency, which may
cause an incident to occur or worsen an
incident in progress. Therefore, to
address this safety concern, PHMSA
proposes to provide an indication in
new paragraphs §§ 178.337–8(a)(4)(vii),
178.338–11(c)(2)(iii), and 178.345–
11(b)(1)(iv) that if equipped with a
mechanical means of remote closure, it
must not be obstructed to prevent
operation or access in an emergency.
Section 178.337–8
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–8,
178.338–11, and 178.345–11’’ for details
on the revision proposed to this section.
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Section 178.337–9
This section prescribes requirements
for PRDs, piping, valves, hoses, and
fittings for DOT Specification MC 331
cargo tanks. Paragraph (a)(3) requires
each valve used on a DOT Specification
MC 331 cargo tank motor vehicle be
designed, constructed, and marked for a
rated pressure not less than the design
pressure of the cargo tank. PHMSA
proposes to replace the term ‘‘valve’’
with ‘‘pressure relief device’’ as this
matches the title of paragraph (a) more
appropriately.
Paragraph (b) specifies piping, valves,
hoses, and fittings requirements for DOT
Specification MC 331 cargo tanks.
PHMSA proposes to revise the
paragraph (b) title from ‘‘Piping, valves,
hose, and fittings’’ to ‘‘Components and
other pressure parts.’’ This proposed
title aligns with the proposed § 178.320
definition of components and more
appropriately illustrates the
requirements of the paragraph. PHMSA
expects this proposed change will help
to reduce any regulatory confusion.
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PHMSA also found the HMR does not
assign responsibility to who must
ensure that all components meet
paragraph (b) requirements, causing
potential regulatory confusion. To
address this uncertainty, PHMSA
proposes to specify that the cargo tank
motor vehicle manufacturer is
responsible for ensuring that all
components comply with the
paragraphs that follow. This aligns with
other HMR requirements that require
the cargo tank motor vehicle
manufacturer to issue the certificate of
construction as well as the specification
plate and name plate. Therefore,
PHMSA expects this proposed
amendment to paragraph (b) will reduce
regulatory uncertainty and thus,
increases safety.
Paragraph (b)(1) specifies the burst
pressure requirements for all piping,
pipe fittings, hose, and other pressure
parts, except for pump seals and PRDs.
In order to be consistent with the ASME
Code, PHMSA proposes to replace the
phrase ‘‘design pressure’’ with the
phrase ‘‘MAWP,’’ the acronym for
maximum allowable working pressure
used in the ASME Code. This proposed
change eliminates an inconsistency
between the ASME Code and the HMR
and thus, increases safety. In addition,
PHMSA proposes to revise the reference
for chlorine service from paragraph
(b)(7) to paragraph (b)(8), as an editorial
amendment.
Paragraph (b)(6) requires cargo tank
manufacturers and fabricators to
demonstrate that all piping, valves, and
fittings installed on a cargo tank are free
from leaks by testing them at not less
than 80 percent of the design pressure
marked on the cargo tank. PHMSA
proposes to replace the term ‘‘cargo tank
manufacturers and fabricators’’ with
‘‘cargo tank motor vehicle
manufacturers’’ as this better aligns with
the responsibilities of manufacturers of
cargo tank motor vehicles. Additionally,
and similar to the proposed change in
paragraph (a)(3), PHMSA proposes to
revise the terminology to test at not less
than 80 percent of ‘‘design pressure’’ to
‘‘MAWP,’’ as this better aligns with
ASME requirements. Lastly, PHMSA
proposes to specify the test should be
conducted based off the ‘‘name plate
after the piping is installed on the cargo
tank motor vehicle’’ as opposed to
‘‘cargo tank’’ to provide further clarity
on this requirement. These proposed
changes provide regulatory clarity
without impacting safety.
Paragraph (b)(7) specifies
requirements for a hose assembler of
DOT Specification MC 331 cargo tanks.
PHMSA proposes to move the
requirements in paragraph (b)(7) to its
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85627
own new paragraph (e) to provide
enhanced visibility, improve regulatory
compliance, and thus, improve safety.
Subsequently, PHMSA proposes to
reserve paragraph (b)(7). Furthermore,
in new paragraph (e), PHMSA proposes
to add a title of ‘‘hose assembler
requirements’’ to align with the rest of
§ 178.337–9 and the Office of Federal
Register Document Drafting Handbook,
which requires that when one section
paragraph has a heading, all of the other
paragraphs in the section should as
well. Lastly, as a clarifying statement,
PHMSA proposes to reference the
§ 180.416(f) written report requirement
for the hose assembler tests. PHMSA
expects that adding this reference will
improve compliance and therefore,
increase safe transportation of
hazardous materials.
Sections 178.337–10 and 178.338–10
These sections detail accident damage
protection requirements of DOT
Specification MC 331 and MC 338 cargo
tank motor vehicles. Paragraph (c)(1) of
both sections specify rear-end tank
protection device requirements. PHMSA
proposes to replace the words ‘‘valves,
piping, and fittings’’ with
‘‘components,’’ as this is consistent with
the new definition proposed in
§ 178.320.
Paragraph (c)(1) also specifies the rear
bumper dimensions must meet the
requirements of § 393.86. However,
FMCSA notes there is stakeholder
confusion on whether the referenced
dimensional requirements or the wheels
back vehicle exception in § 393.86
applies. The historical applicability and
intent of this paragraph is that the
referenced dimensional requirements in
§ 393.86 apply to accident damage
protection. Therefore, to remove any
potential confusion, and therefore,
increase safety, PHMSA proposes to add
a sentence specifying that the wheels
back exception provided in 49 CFR
393.86 does not apply.
Section 178.337–10
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–10
and 178.338–10’’ for details on the
revisions proposed to this section.
Sections 178.337–17 and 178.338–18
Sections 178.337–17 and 178.338–18
detail marking requirements for DOT
Specification MC 331 and MC 338 cargo
tank motor vehicles, respectively.
Paragraph (a) details general
requirements for both the name plate
and the specification plate. In addition
to editorial revisions, PHMSA proposes
to specify that the responsibility of
applying the name plate and
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specification plate fall on the
manufacturer, as a clarifying statement.
While not explicitly stated, this codifies
current practice to remove any
ambiguity and ensure continued safe
hazardous materials transportation.
PHMSA notes this requirement means
that the requirements for the name
plate, when applicable, and
specification plate fall on the person
responsible for building the cargo tank,
cargo tank motor vehicle, or both.
PHMSA also proposes to remove the
compliance date of October 1, 2004, as
this date has passed, and all DOT
Specification MC 331 and MC 338 cargo
tank motor vehicles are subject to these
requirements.
Paragraph (a)(4) in both sections
indicates the specification plate may be
attached to the cargo tank motor vehicle
chassis rail and details methods on how
to do so. PHMSA proposes to revise
paragraph (a)(4) to specify the
specification plate must be attached to
the cargo tank or its integral supporting
structure, instead of the cargo tank
motor vehicle chassis rail. A DOT
Specification MC 331 or MC 338 cargo
tank potentially has a longer useable
lifespan than the life of the motor
vehicle chassis to which it is originally
attached. As such, it is possible for the
original specification plate to be
separated from the cargo tank if the
cargo tank is remounted to a different
chassis, which poses a safety risk to
knowing the specification of the cargo
tank. Therefore, to remove this possible
scenario, PHMSA proposes to require
the specification plate be mounted to
the cargo tank itself or an integral
supporting structure. Additionally,
PHMSA proposes minor editorial
amendments for sentence structure
clarity. These changes increase
regulatory consistency by aligning the
specification plate attachment language
with that of the DOT 400 series cargo
tank motor vehicle specification.
Section 178.337–17
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–17
and 178.338–18’’ for details on the
revisions proposed to this section.
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Section 178.337–18
This section requires appropriate
documentation certifying that a
completed cargo tank motor vehicle
conforms to DOT Specification MC 331
cargo tank requirements and the ASME
Code. PHMSA proposes revisions that
better align this section with the
certification requirements (and
proposed changes) in §§ 178.338–19 and
178.345–15 to increase regulatory
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consistency and thus, compliance and
safety.
Paragraph (a) details requirements for
the cargo tank data report and a
certificate of construction. In the
introductory text to paragraph (a),
PHMSA proposes to specify the data
report is the ‘‘cargo tank’s ASME Form
U–1A data report as required by Section
VIII of the ASME Code’’ to align with
§§ 178.338–19(a)(1) and 178.345–
15(b)(2). Additionally, as an editorial
amendment, PHMSA proposes to clarify
the ‘‘certificate’’ is the ‘‘Certificate of
Compliance.’’ PHMSA proposes to make
similar editorial changes in paragraphs
(a)(1) and (3).
Moreover, PHMSA proposes to add
language to paragraph (a)(3) to specify
that when a cargo tank motor vehicle is
manufactured in two or more stages and
after the cargo tank motor vehicle is
brought into full compliance with the
applicable specification and ASME
Code, the final manufacturer must mark
the specification plate with the cargo
tank motor vehicle certificate date and
attach the specification plate to the
completed cargo tank in accordance
with § 178.338–18(a). PHMSA expects
this proposed language better aligns this
section with §§ 178.338–19 and
178.345–15 and current ASME Code
requirements.
Lastly, PHMSA proposes to make a
minor editorial amendment to
paragraph (a)(4) by removing the
indication that the cargo tank motor
vehicle must have the Registered
Inspector stamp, the specification plate,
and issue a Certificate of Compliance,
and instead specifying that the
Registered Inspector shall complete
these actions. This aligns the paragraph
better with §§ 178.338–19 and 178.345–
15.
Section 178.338–3
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–3,
178.338–3, and 178.345–3’’ for details
on the revisions proposed to this
section.
Section 178.338–10
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–10
and 178.338–10’’ for details on the
revisions proposed to this section.
Section 178.338–11
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–8,
178.338–11, and 178.345–11’’ for details
on the revision proposed to this section.
Section 178.338–18
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–17
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and 178.338–18’’ for details on the
revisions proposed to this section.
Section 178.338–19
This section details the requirements
for the certification of DOT
Specification MC 338 insulated cargo
tank motor vehicles. PHMSA proposes
revisions that better align this section
with the certification requirements (and
proposed changes) in §§ 178.337–18 and
178.345–15 to increase regulatory
clarity.
Paragraph (a) specifies documents
that must be furnished to the owner of
a cargo tank motor vehicle. PHMSA
proposes to move the current language
in paragraph (a)(1) to paragraph (a)
introductory text, with minor editorial
amendments. Subsequently, PHMSA
proposes to revise paragraph (a)(1) to
specify that the Certificate of
Compliance must be signed by an
official of the manufacturer responsible
for compliance and a DCE. As
mentioned, these changes better align
this section with §§ 178.337–18 and
178.345–15 to increase regulatory
consistency and clarity. There are no
proposed revisions to paragraph (a)(2),
but it appears in the regulatory text of
this NPRM for the Federal Register.
Paragraph (b) specifies requirements
when a cargo tank is manufactured in
two or more stages. PHMSA proposes to
redesignate paragraph (b) as paragraph
(a)(3) in addition to editorial
amendments to mirror § 178.337–18.
Additionally, PHMSA proposes to
specify that when the cargo tank motor
vehicle is brought into full compliance
with the applicable specification and
ASME Code, the final manufacturer
must mark the specification plate with
the cargo tank motor vehicle certificate
date and attach the specification plate to
the completed cargo tank in accordance
with § 178.338–18(a). PHMSA also
proposes to remove the language in this
paragraph related to what the
certification must include.
Paragraph (c) details requirements in
the event of a change in ownership.
Because PHMSA proposes to
redesignate paragraph (b) as paragraph
(a)(3), PHMSA proposes to redesignate
paragraph (c) as paragraph (b). Because
of this proposed redesignation, PHMSA
proposes to reserve paragraph (c).
Lastly, PHMSA proposes editorial
amendments in new paragraph (b) to
align with other cargo tank specification
certification sections.
Section 178.345–1
This section details the general
requirements for DOT Specification 406,
407, and 412 cargo tank motor vehicles.
Paragraph (c) includes definitions for
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these types of cargo tank motor vehicles.
However, there are several definitions in
§ 178.345–1 that are also found in
§ 178.320, some of which have different
wording. As this could cause confusion,
PHMSA proposes to remove all the
definitions which are already found in
§ 178.320. Reducing confusion in the
regulations helps to increase
compliance and thus, safety.
Additionally, and as discussed in
‘‘Section IV. Section-by-Section Review;
Part 178; Section 178.320,’’ PHMSA
proposes to move the definitions for
sacrificial device and shear section to
§ 178.320 as they apply to other types of
cargo tank motor vehicles in addition to
DOT Specification 406, 407, and 412
cargo tank motor vehicles.
Section 178.345–3
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–3,
178.338–3, and 178.345–3’’ for details
on the revisions proposed to this
section.
Section 178.345–8
This section details accident damage
protection for DOT Specification 406,
407, and 412 cargo tank motor vehicles.
Paragraph (d) specifies rear-end tank
protection, with paragraph (d)(1)
describing design requirements for the
rear-end cargo tank protection device.
PHMSA proposes to split paragraph
(d)(1) into two paragraphs—paragraphs
(d)(1)(i) and (ii)—to better clarify
85629
deflection design requirements and
increase readability, which ultimately
increases safety. PHMSA proposes that
paragraph (d)(1)(i) contains the rear-end
cargo tank protection device design
requirements for cargo tanks where the
rear-end protection device is on the
same horizontal plane as the
component. PHMSA proposes that
paragraph (d)(1)(ii) contains design
requirements for a rear-end cargo tank
protection device when the component
is not on the same horizontal plane.
This proposed language is for
clarification. Figure 1 details the
difference between the vertical plane
and horizontal plane.
Figure 1: Section 178.345-8 Difference between Vertical Plane and Horizontal Plane
Vertical plane of the
outboard surface of the
rear-end protection
device
Rear-end
protection device
Horizontal plane of the
p1pmg
Paragraph (d)(2) indicates the
dimension requirements for the rear-end
cargo tank protection device. Paragraph
(d)(3) specifies additional design
requirements for the rear-end protection
device and its attachments on DOT
Specification 406, 407, and 412 cargo
tank motor vehicles. In paragraphs
(d)(2)(i)–(iii) and (3), PHMSA proposes
to spell out the dimensions instead of
using a numerical value, for
grammatical correctness.
During review of cargo tank motor
vehicle manufacturers and other
facilities that design and install rear-end
protection devices, FMCSA inspectors
identified that manufacturers who
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calculate and construct rear-end devices
were not properly calculating the 2 ‘‘g’’
impact, which is a result of potentially
confusing regulations in paragraph
(d)(3). As this results in non-compliant
rear-end protection devices that fail
under impact, PHMSA proposes to
revise paragraph (d)(3) to clarify this
requirement and ensure the continued
safe transportation of hazardous
materials. To achieve this clarity,
PHMSA proposes to revise the term
‘‘rated payload’’ to ‘‘gross vehicle
weight rating’’ and add a sentence to
specify ‘‘the structures supporting the
rear-end protection device, including
the frame and the attachments to the
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frame must be capable of withstanding
the 2 ‘g’ load.’’
Section 178.345–11
This section details requirements for
the openings, inlets, and outlets of DOT
Specification 406, 407, and 412 cargo
tank motor vehicles. Paragraph (b)
requires each cargo tank loading/
unloading outlet to be equipped with an
internal or external self-closing stop
valve. PHMSA proposes to revise
paragraph (b)(1)(ii) to specify that if the
actuating system fails, each loading/
unloading outlet must remain securely
closed and capable of retaining the
cargo tank’s lading. This provides
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additional clarification that failure is
another circumstance where the
loading/unloading outlet must remain
securely closed if the actuating system
fails. This increases safety because if the
actuating system fails, the outlet should
still be closed and capable of retaining
liquid to ensure continued safe
transportation of hazardous materials.
See ‘‘Section IV. Section-by-Section
Review; Part 178; Sections 178.337–8,
178.338–11, and 178.345–11’’ for details
on the proposal to add paragraph
(b)(1)(iv) to this section.
lotter on DSK11XQN23PROD with PROPOSALS2
Section 178.345–13
This section specifies the pressure
and leakage test requirements for DOT
Specification 406, 407, and 412 cargo
tank motor vehicles, with paragraph (a)
detailing that the pressure and leakage
tests must be in accordance with this
section and §§ 178.346–5, 178.347–5, or
178.348–5. PHMSA proposes to revise
the language in paragraph (a) to specify
that the pressure and leakage tests must
be performed by the cargo tank motor
vehicle manufacturer. This aligns with
current industry practice and provides a
clear distinction on the person with
responsibility to perform these tests,
which increases regulatory compliance
and safety.
PHMSA also proposes to add a
sentence to specify the leakage test shall
be performed after the piping is
installed on the cargo tank motor
vehicle. PHMSA and FMCSA expect
that this aligns with current industry
practice, while ensuring the continued
safe transport of the cargo tank motor
vehicle and reducing the likelihood of a
release of hazardous materials.
Section 178.345–14
This section specifies the marking
requirements for DOT Specification 406,
407, and 412 cargo tank motor vehicles.
Paragraph (a) provides general
certification requirements. PHMSA
proposes to add a clarifying statement to
paragraph (a) that if information is
required to be displayed on the name
plate, it does not need to be repeated on
the specification plate. This is
consistent with other DOT specification
requirements.
PHMSA also proposes certain
editorial amendments in this section.
Paragraph (b)(3) indicates that the tank
MAWP in psig must be marked on the
tank nameplate. In this paragraph,
PHMSA proposes to specify that by
‘‘tank,’’ the requirement applies to a
‘‘cargo tank.’’ Paragraph (c) provides
requirements for marking of the
specification plate, with paragraphs
(c)(6) and (7) requiring the marking of
the maximum loading and unloading
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rates, respectively. PHMSA proposes to
revise paragraph (c)(6) to allow for
‘‘NONE’’ and paragraph (c)(7) to allow
for ‘‘OPEN MH’’ or ‘‘NONE’’ as an
indication of no limit on the loading
and unloading rate, respectively.
Lastly, paragraph (d) includes the
requirements for a multi-cargo tank
motor vehicle. PHMSA proposes to
revise this paragraph to refer to the
definition of design type in § 178.320(b)
instead of the ‘‘same materials,
manufactured thickness, minimum
thickness, and to same specification.’’
This revision is intended to clarify the
intent of the exception from the
requirement to display multiple name
plates for compartmented cargo tanks
separated by voids. ‘‘Design type’’ is a
more efficient and simpler phrase to
communicate the intent of this
exception.
Section 178.345–15
This section details certification
requirements for DOT Specification 406,
407, and 412 cargo tank motor vehicles.
PHMSA proposes revisions that better
align this section with the certification
requirements (and proposed changes) in
§§ 178.337–18 and 178.338–19.
Paragraph (a) includes requirements
for certification documents. In
paragraph (a), PHMSA proposes to
expand the requirements. This includes
requiring that the cargo tank motor
vehicle manufacturer must supply, and
the owner must obtain, a cargo tank’s
ASME Form U–1A data report as
required by Section VIII of the ASME
Code and a Certificate of Compliance
stating that the completed cargo tank
motor vehicle conforms in all respects
to the DOT specification and the ASME
Code. As mentioned, this better aligns
paragraph (a) with other cargo tank
certification requirements in
§§ 178.337–18 and 178.338–19.
Paragraph (b)(1) details the signatory
requirements of the certificate. Similar
to proposed changes in paragraph (a),
PHMSA proposes to revise paragraph
(b)(1) to specify the certificate must be
a Certificate of Compliance signed by an
official of the cargo tank motor vehicle
manufacturer responsible for
compliance, and a DCE.
Lastly, paragraph (e) includes
requirements for specification shortages.
PHMSA proposes to revise paragraph (e)
editorially to better align this paragraph
with other cargo tank specification
certification requirements. The
substantive requirements for cargo tanks
manufactured in two or more stages are
not changed in this proposal.
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Section 178.348–1
This section specifies the general
requirements for DOT Specification 412
cargo tank motor vehicles. Paragraph (d)
requires a cargo tank with a MAWP
greater than fifteen psig must be of
circular cross-section. Paragraph (e)
specifies ASME construction
requirements depending on the MAWP
of the cargo tank. Cargo tank
manufacturers have expressed
confusion over the current regulatory
requirements in this section,
particularly when a DOT 412
specification cargo tank must be
certified to the ASME Code. Therefore,
to alleviate this confusion and increase
regulatory compliance, PHMSA
proposes to revise paragraph (d) to
specify when a cargo tank motor vehicle
has a MAWP greater than fifteen psig, it
must be constructed and certified in
accordance with Section VIII of the
ASME Code. Subsequently, PHMSA
proposes to revise paragraph (e) to
specify when a cargo tank motor vehicle
has a MAWP of fifteen psig or less, it
must be constructed in accordance with
Section VIII. PHMSA also proposes to
redesignate paragraphs (e)(2)(i)–(viii) as
paragraphs (e)(1)–(8) without making
any revisions, other than an editorial
revision in current paragraph (e)(2)(iii)
to spell out the numerical value of 15
psig. These proposed revisions are not
intended to amend the intent of the
section, but instead increase regulatory
clarity.
Part 179
Section 179.2
Section 179.2 is the definition section
for tank car specifications in part 179.
PHMSA proposes to add introductory
text to specify that terms defined in
§§ 171.8 and 180.503 for tank car
maintenance and qualification also
apply to part 179. This will help to
address any confusion with defined
terms in these related regulatory
sections.
In addition, PHMSA proposes to
amend the following definitions:
• Approved: In paragraph (a)(2),
PHMSA proposes to remove the
reference to the AAR Tank Car
Committee and replace it with a
reference to DCE approval. See ‘‘Section
II.B.2. Tank Car Design Approval’’ for
additional details.
• Tank car facility: PHMSA proposes
to amend this definition to express the
original intent that only facilities that
qualify tank cars for transportation meet
the definition. See ‘‘Section II.B.4. Tank
Car Facility Definition’’ for additional
details.
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PHMSA proposes to add the following
definitions:
• Component: PHMSA proposes to
add this definition in paragraph (a)(4) to
mean ‘‘service equipment, safety
systems, linings or coatings, other
elements specifically required by this
part and any elements used to achieve
a performance standard in this part.’’
This new definition is intended to align
with commonly understood industry
usage and will increase clarity in the
HMR.
• Tank car: This new definition is
proposed for the purposes of
construction, maintenance, and
qualification in parts 179 and 180. As
proposed, tank car means ‘‘a tank car
tank and all of its components.’’ This
definition aligns with commonly
understood industry usage and will
increase clarity in the HMR. To ensure
paragraph (a) remains alphabetical, this
new definition is proposed to replace
the currently reserved paragraph (a)(9).
lotter on DSK11XQN23PROD with PROPOSALS2
Section 179.3
Section 179.3 currently prescribes
requirements to submit tank car designs
to AAR for approval. PHMSA proposes
to rename and extensively revise this
section to remove the requirement for
AAR approval and replace it with a
requirement for design approval by a
registered tank car DCE. See ‘‘Section
II.B.2. Tank Car Design Approval’’ for
additional details. PHMSA proposes
that one Design Approval Certificate
issued for the tank car or service
equipment will cover all tank cars or
service equipment built to an approved
design, material and construction, or
modification, provided the tank cars or
service equipment are identical. When
ownership of a tank car is transferred,
the new owner must obtain the Design
Approval Certificate from the previous
owner or Design Certifying Engineer for
the tank car to remain in service.
Builders and shippers may apply for
special permits for unapproved tanks
and equipment, in accordance with the
special permit procedural requirements
in §§ 107.101–107.127.
Section 179.4
Section 179.4 currently prescribes
requirements for proposing a new tank
car specification to AAR. PHMSA
proposes to revise this section. The role
of the AAR TCC in the review of new
tank car specifications is proposed to be
replaced with review by a registered
tank car DCE. Proposals for new tank car
specifications must first be submitted
for review by a DCE. If the DCE
determines the new specification design
is suitable, then the designer of the new
specification design must then apply to
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PHMSA for a DOT–SP to construct and
use the tank cars or submit a petition for
rulemaking to add the new specification
to the HMR. See ‘‘Section II.B.2. Tank
Car Design Approval’’ for additional
details.
Section 179.5
Section 179.5 currently prescribes
requirements for the tank car Certificate
of Construction. PHMSA proposes to
change the name of the section from
‘‘Certificate of construction’’ to ‘‘Design
Approval Certificate’’ and extensively
revise this section to reflect the new
DAC requirements. PHMSA proposes
that the new DAC requirements
generally mirror the information and
drawings currently required to be
submitted to AAR on AAR Forms 4–2 or
4–5, for tank car tanks and service
equipment, respectively. PHMSA
proposes that the DCE must ensure all
required information is present on the
DAC, review the materials, certify
compliance with the HMR by signing
the certification statement, and submit
the DAC to the tank car owner.
While generally mirroring the
information required on the AAR Form
4–2 or 4–5, PHMSA proposes that
instead of requiring the initial
commodity (as currently required on
AAR Form 4–2 or 4–5), the DAC must
list all of the materials intended for
transportation in the tank car and
service equipment. This commodity
information is critical to determining
appropriate materials of construction
and fitting arrangements for the tank car
design, among other design
considerations. If a tank car user decides
to use the tank car or service equipment
to transport a commodity not listed on
the DAC, PHMSA proposes that the DCE
must modify the DAC to approve the
transportation of the new material
before the tank car or service equipment
may be used for the new commodity. As
proposed, the DCE must evaluate the
design of the tank car and service
equipment, including but not limited to
material compatibility, design pressure,
operating temperature, and service life
when determining whether the tank car
or service equipment is appropriate for
the new commodity.
See ‘‘Section II.B.2. Tank Car Design
Approval’’ for additional details on
these proposed changes.
Section 179.6
Section 179.6 prescribes requirements
for tank car repairs and alterations.
PHMSA proposes a minor revision to
this section. PHMSA proposes to no
longer require compliance with those
sections of AAR Specifications for Tank
Cars Appendix R that require AAR
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85631
approval for tank car repairs. Rather,
PHMSA proposes that for all tank car
repairs not specifically described in
Appendix R, DCE approval is required.
Section 179.7
Section 179.7 prescribes requirements
for a tank car facility QAP. PHMSA
proposes to no longer require tank car
facilities to seek AAR approval for
QAPs. PHMSA proposes that each tank
car facility must register with PHMSA
under proposed part 107 subpart J and
certify that it maintains QAP that meets
the requirements of parts 107 and 179.
PHMSA proposes several additional
revisions to the QAP requirements:
• Remove reference to ‘‘repair’’ in
paragraphs (a)(2), (b)(3), (b)(5), and (f)
because ‘‘repair’’ is already
encompassed in the § 180.503 definition
of maintenance.
• Remove ‘‘program’’ in paragraph
(a)(2), to clarify that the QAP must
identify non-conformities in the tank car
during manufacture, inspection, testing,
qualification, and maintenance of the
tank car.
• Add the phrase ‘‘qualification and
maintenance’’ in paragraph (b)(3) to
align the scope of the QAP with
qualification.
• Revise paragraph (b)(4) to require
that the tank car facility’s QAP covers
all materials and components that are
installed to create the tank car. The tank
car facility that qualifies the car is
responsible for all activities prior to
qualification.
• Add the word ‘‘applicable’’ to
paragraph (b)(8) to indicate there are
requirements in the AAR Specifications
for Tank Cars that are no longer
applicable to tank car facilities (e.g.,
approval requirements).
• Remove ‘‘AAR’’ from paragraph (d)
because PHMSA proposes to no longer
require AAR approval. See ‘‘Section
II.B.2. Tank Car Design Approval’’ for
additional details.
• Revise paragraph (f) to add a
requirement that a tank car facility must
maintain a valid tank car facility
registration in accordance with part 107,
subpart J.
See ‘‘Section II.B.3. Tank Car Facility
Quality Assurance Program’’ for further
details on the proposed changes to QAP
requirements.
Section 179.10
Section 179.10 discusses
requirements for tank mounting.
PHMSA proposes to require that tank
mounting arrangements meet the
requirements of AAR Specifications for
Tank Cars Chapter 6 in currently
reserved paragraph (b). This will
address NTSB Recommendation R–12–
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
007, which recommends that PHMSA
address deficiencies in tank car center
sill or draft attachment designs by
adopting AAR’s revised attachment
requirements. The 2014 edition of AAR
Specifications for Tanks Cars proposed
for incorporation contains the
recommended revised center sill and
draft attachment requirements, which
addresses separate NTSB
Recommendation R–12–009 issued to
AAR.
lotter on DSK11XQN23PROD with PROPOSALS2
Section 179.11
Section 179.11 prescribes the
requirements for tank car welding
procedures. Paragraph (a) currently
requires that welding procedures,
welders, and fabricators be approved by
AAR. PHMSA proposes to revise
paragraph (a) to require that welding
procedures, welders, and fabricators
must meet the requirements in AAR
Specifications for Tank Cars Appendix
W, except for compliance with
paragraph 1.2. Appendix W, which is
already incorporated by reference into
the welding-specific sections in part 179
(e.g., § 179.100–9). If this proposal were
adopted in a final rule, compliance with
paragraph 1.2 of Appendix W, which
requires AAR certification for the
facility at which the welding occurs,
would no longer be required. Facilities
that conduct fusion welding on tank
cars that meet the definition of ‘‘tank car
facility,’’ as proposed in this NPRM,
must register with PHMSA. See
‘‘Section II.B.4. Tank Car Facility
Definition’’ and ‘‘Section II.B.5. Tank
Car Facility and Design Certifying
Engineer Registration’’ for further
details.
Section 179.24
This section discusses requirements
for permanent identification plates
mounted on the inboard surfaces of the
body bolsters of a tank car. PHMSA
proposes to revise paragraph (a)(2), to
remove reference to the AAR form.
Additionally, PHMSA proposes to
remove and reserve paragraph (a)(3)(i),
which, requires stamping the AAR
Number on the identification plates.
PHMSA proposes these edits to conform
to the proposal to replace AAR TCC
approval with approval by a tank car
DCE. Specifically, PHMSA proposes to
remove reference to AAR Form 4–2 in
paragraphs (a)(2), (a)(2)(i), (a)(2)(iv),
(a)(2)(v), (a)(2)(viii), and (a)(3)(i), as
PHMSA proposes to replace the AAR
Form 4–2 requirement with a DAC.
Additionally, PHMSA proposes to
remove and reserve paragraph (a)(2)(iii)
to remove the requirement to stamp the
AAR approval number as this has no
equivalent in the DAC.
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Sections 179.100–9, 179.100–10,
179.100–18, 179.200–10, 179.200–11,
179.200–22, 179.220–10, 179.220–11,
179.300–9, 179.300–10, 179.400–11,
179.400–12, 179.400–15, and 179.400–
18
These sections deal with welding
requirements for tank cars and
incorporate by reference the AAR
Specifications for Tank Cars (M–1002)
Appendix W. In each section, PHMSA
proposes to add language indicating
compliance with paragraph 1.2 of
Appendix W is not required, because
that paragraph of Appendix W requires
AAR certification for the facility at
which welding occurs. Facilities that
conduct fusion welding on tank cars
that meet the definition of ‘‘tank car
facility,’’ as proposed in this NPRM,
must register with PHMSA. Tank car
facilities that qualify tank cars that have
undergone welding at another location
are responsible for ensuring that the
welding operations are conducted in
accordance with Appendix W. See
‘‘Section II.B.4. Tank Car Facility
Definition’’ and ‘‘Section II.B.5. Tank
Car Facility and Design Certifying
Engineer Registration’’ for further
details. Additionally, in §§ 179.100–9,
179.200–10, and 179.220–10, PHMSA
proposes to remove the sentence
requiring that welding procedures,
welders, and fabricators be approved.
Welding procedures, as well as welder
and fabricator qualification must be
addressed in a tank car facility’s quality
assurance program. See ‘‘Section II.B.3.
Tank Car Facility Quality Assurance
Program’’ for additional details.
Section 179.100–9
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.100–10
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.100–12
Section 179.100–12 outlines the use
of manway nozzles, covers, and
protective housing on rail cars.
Paragraph (c) details requirements for
bolting the protecting housing to the
manway cover. PHMSA proposes to
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revise § 179.100–12(c) to permit the use
of an alternative means of connecting
the manway protection housing to the
tank car. See ‘‘Section II.F. P–1724’’ for
further discussion on this proposed
change. PHMSA also proposes a minor
grammatical amendment to paragraph
(c) to spell out ‘‘seventy percent’’
instead of a numerical value.
Section 179.100–18
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.102–3
Section 179.102–3 prescribes
additional requirements for pressure
tank cars containing poisonous-byinhalation material. PHMSA proposes to
IBR the requirements of section 2.2.1.2
of Chapter 2 of the AAR Specifications
for Tank Cars, M–1002. Specifically,
PHMSA proposes to require tank cars
manufactured after the effective date of
an eventual final rule that transport
poisonous-by-inhalation hazardous
material have tank car heads and shells
that are Charpy impact tested in
accordance with the requirements of
section 2.2.1.2.
Please note that the exception in AAR
Specifications for Tank Cars Chapter 2
section 2.2.1.2 exempts shell and head
material intended for low temperature
service that is subject to longitudinal
Charpy impact testing at ¥50 °F from
the transverse Charpy impact test.
Therefore, steel used for the head and
shell of hydrogen chloride tank cars is
not subject to the transverse Charpy
impact test proposed here but remains
subject to the longitudinal Charpy
impact testing at ¥50 °F in accordance
with § 179.102–17.
This proposed change responds to
NTSB recommendation R–19–001,52
which recommended that PHMSA
implement enhanced fracture toughness
requirements for tank heads and shells
for tank cars transporting poisonous-byinhalation material. Although not
incorporated by reference in the HMR,
tank car manufacturers have been
subject to this test requirement since
2005 through AAR interchange
standards. Therefore, PHMSA expects
that this proposed amendment will not
place any additional burden on tank car
manufacturers while improving safety
52 See NTSB Safety Recommendation R–19–001:
https://www.ntsb.gov/safety/safety-recs/recletters/
R-19-001-005.pdf.
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by increasing clarity on steel toughness
requirements for PIH tank cars.
Section 179.103–5
Section 179.103–5 prescribes
requirements for bottom outlets for
DOT–114A tank cars. In accordance
with the proposal to remove all
reference to approval by the AAR,
PHMSA proposes to remove the phrase
‘‘approved by the AAR Committee on
Tank Cars’’ in paragraph (b)(1) for
permanent attachment of supplementary
exterior fittings. As proposed, a DCE
will fill the approval role previously
delegated to AAR. See ‘‘Section II.B.2.
Tank Car Design Authority’’ for
additional details.
Section 179.200–7
This section specifies authorized
materials of construction for nonpressure tank car tanks (Classes DOT–
111AW, 115AW, and 117AW).
Paragraph (b) specifies allowable steels
for the carbon steel plate. Currently,
ASTM A 537 steel is not authorized in
paragraph (b).53 However, ASTM A 537
steel has similar properties to ASTM A
516 steel, which is currently authorized
in paragraph (b). Furthermore, ASTM A
537 steel is currently authorized in
§ 179.100–7 for pressure tank cars.
PHMSA has also received a petition
requesting authorization to use ASTM A
537 steel in construction of nonpressure tank cars (P–1760; Baier
Rail).54 Lastly, PHMSA has issued DOT–
SP 20908 to allow for the use of ASTM
A 537 steel for non-pressure tank car
tanks.55 Therefore, PHMSA proposes to
add ASTM A 537 steel to the table in
paragraph (b). Please note, DOT–SP
20908 requires radiographic
examination for 1 out of every 50 nozzle
groove weld joints produced in
accordance with the special permit.
This condition is a requirement
associated with the 7.5-inch nozzle
extension authorized in the special
permit; therefore, we do not propose to
adopt this condition into the HMR for
tank cars and appurtenances
constructed solely from ASTM A 537
steel. PHMSA seeks comment on this
proposal.
Section 179.200–10
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See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.200–11
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.200–17
Section 179.220–18
Section 179.200–22
Section 179.300–9
Section 179.220–10
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.220–11
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.220–15
53 See
Letter of Interpretation Reference No. 19–
0076: https://www.phmsa.dot.gov/regulations/
title49/interp/19-0076.
54 See https://www.regulations.gov/document/
PHMSA-2021-0101-0001.
55 See DOT–SP 20908: https://
www.phmsa.dot.gov/approvals-and-permits/
hazmat/file-serve/offer/SP20908.pdf/offerserver/
SP20908.
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not currently issued for cushioning
devices. Therefore, PHMSA proposes
that a tank car manufacturer may certify
the cushioning device tested to meet the
performance standards of paragraph (b)
without requiring approval from the
DCE. Safety will be maintained by
continuing to require that all systems
used to meet the requirements of this
section must be tested by the
manufacturer to demonstrate their
ability to limit body forces to 400,000
pounds maximum at a ten miles per
hour impact. PHMSA also proposes a
minor editorial change to spell out ‘‘ten
miles per hour’’ instead of the
numerical value ‘‘10.’’
Section 179.200–17 prescribes
requirements for bottom outlets for
DOT–111 and DOT–117 non-pressure
tank cars. In accordance with the intent
to remove all references to approval by
the AAR TCC, PHMSA proposes to
remove the phrase ‘‘by the AAR
Committee on Tank Cars.’’ A DCE will
fill the approval role previously
delegated to AAR. See ‘‘Section II.B.2.
Tank Car Design Authority’’ for
additional details.
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.220–15 details
requirements for support systems for
DOT–115 tank cars. PHMSA proposes to
remove the phrase ‘‘of approved design’’
from paragraph (b) for cushioning
devices. It is PHMSA and FRA’s
understanding that AAR approvals are
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Section 179.220–18 prescribes
requirements for bottom outlets for
DOT–115 tank cars. In accordance with
the proposed removal of all reference to
approval by the AAR TCC, PHMSA
proposes to remove the phrase ‘‘by the
AAR Committee on Tank Cars.’’ A DCE
will fill the approval role previously
delegated to AAR. See ‘‘Section II.B.2.
Tank Car Design Authority’’ for
additional details.
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.300–10
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.400–5
Section 179.400–5 prescribes
requirements for weld-impact test
results. PHMSA proposes an editorial
correction to this section to insert the
required language to make the IBR of
Appendix W valid. It appears the
omission of IBR language was an
oversight, and PHMSA proposes to
correct it. Additionally, PHMSA
proposes to add language indicating that
compliance with paragraph 1.2 of
Appendix W is not required, because
that section requires AAR approval. See
‘‘Section II.B.6. AAR Specifications for
Tank Cars Incorporation by Reference’’
for additional details.
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Section 179.400–6
Section 179.400–6 prescribes bursting
and buckling pressure requirements for
the outer jacket of a cryogenic liquid
tank car. PHMSA proposes to fix an
editorial error and IBR Chapter Six of
AAR Manual of Standards and
Recommended Practices, Section C–II
Specifications for Design, Fabrication
and Construction of Freight Cars, rather
than Chapter Six of AAR Manual of
Standards and Recommended Practices,
Section C–III, Specifications for Tank
Cars, Specification M–1002. Section 6.2
does not exist in C–III, while section 6.2
is the relevant section in C–II; PHMSA
has identified that this error dates back
to the creation of § 179.400–6 in final
rule HM–115.56 PHMSA expects that
this editorial change will increase
clarity without creating any additional
burden on DOT–113 manufacturers.
Section 179.400–11
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.400–12
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
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Section 179.400–13
Section 179.400–13 details
requirements for support systems for
cryogenic liquid tank cars. PHMSA
proposes to remove the phrase ‘‘of
approved design’’ from paragraph (b) for
cushioning devices. It is PHMSA and
FRA’s understanding that approvals are
not currently issued for cushioning
devices. Therefore, PHMSA proposes a
tank car manufacturer may certify the
cushioning device tested to meet the
performance standards of paragraph (b)
without requiring approval from the
DCE. Safety will be maintained by
continuing to require that all systems
used to meet the requirements of this
section must be tested by the
manufacturer to demonstrate their
ability to limit body forces to 400,000
pounds maximum at a ten miles per
hour impact. In addition, PHMSA
proposes a minor editorial amendment
56 48
FR 27674 (Jun. 16, 1983).
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to spell out ‘‘ten miles per hour’’ as
opposed to the numerical value.
Section 179.400–15
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.400–18
See ‘‘Section IV. Section-by-Section
Review; Part 179; Sections 179.100–9,
178.100–10, 179.100–18, 179.200–10,
179.200–11, 179.200–22, 179.220–10,
179.220–11, 179.300–9, 179.300–10,
179.400–11, 179.400–12, 179.400–15,
and 179.400–18’’ for details on the
revisions proposed to this section.
Section 179.400–19
Section 179.400–19 prescribes
requirements for valves of cryogenic
liquid tank cars. PHMSA proposes to
remove the separate approval
requirement for valve packing in
paragraph (a)(2). The DCE will evaluate
valve packing material in the valve
approval process.
Section 179.500–17
Section 179.500–17 prescribes
marking requirements for DOT 107A
seamless steel tank cars. PHMSA
proposes to remove the reference to the
AAR Bureau of Explosives as it is
obsolete because they no longer perform
this function.
Section 179.500–18
Section 179.500–18 discusses
recordkeeping for DOT 107A seamless
steel tank cars. PHMSA proposes several
revisions to remove obsolete references
to approvals issued by AAR’s Bureau of
Explosives from paragraphs (a) and
(b)(6) and update the section to
reference the DCE in paragraph (c). The
reference to AAR Bureau of Explosives
is obsolete because they no longer
perform this function, and PHMSA
proposes to require DCE approval of
tank car designs, rather than approval
by AAR TCC.
Appendix B to Part 179
Appendix B to part 179 specifies
procedures for conducting simulated
pool and torch-fire testing of thermal
protection systems, as required by
§ 179.18(c). Review of test results
submitted to the Department show there
are some inconsistencies in the
application of the test due to the lack of
certain parameters for clarity in the
procedures in Appendix B. PHMSA
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proposes the following revisions to
ensure consistent and repeatable
application of the tests, which will
ultimately enhance safety. These
proposed revisions received a consensus
vote during the May 25, 2017, RSAC
meeting and were offered to PHMSA
and FRA for consideration.
Paragraph 1: PHMSA proposes to add
additional text to clarify that the sample
of thermal resistance material used shall
be identical (within measurement error)
for each test performed under Appendix
B in terms of thickness, and
thermodynamic and physical properties.
Paragraph 2(a)(1): PHMSA proposes
to revise this paragraph to specify the
location and frequency of measurements
of flame temperature throughout the
duration of the test, and that calibration
tests must be performed with the steel
plate in position.
Paragraph 2(a)(2): PHMSA proposes
an editorial change to add metric units
to the plate dimensions, which is
consistent with dimensions in this
paragraph.
Paragraph 2(b)(6): PHMSA proposes
to revise this paragraph to add language
indicating the consecutive tests must be
conducted separately and at different
times.
Paragraph 3(a)(1): PHMSA proposes
to revise this paragraph to indicate the
location and frequency of measurements
of flame temperature throughout the
duration of the test, and that calibration
tests must be performed with the steel
plate in position. PHMSA proposes that
the temperature and torch velocity must
be measured at a distance of not more
than 15 cm (6 in) from the test sample
surface, along the axis of the fire.
Paragraph 3(a)(2): PHMSA proposes
an editorial change to add metric units
to the plate dimensions, consistent with
dimensions in this paragraph.
Paragraph 3(b)(6): PHMSA proposes
to revise this paragraph to add language
indicating that the consecutive tests
must be conducted separately and at
different times.
Part 180
Section 180.3
Section 180.3 details general
requirements for the continuing
qualification of packagings. Paragraph
(b)(3) specifies that test dates displayed
in association with certain markings
may not be marked unless they are
appropriate. PHMSA proposes to add
DOT–SP markings to the list of
markings in paragraph (b)(3). This
proposal provides clarity, as these
markings are currently authorized but
not listed in this paragraph.
PHMSA also proposes to add
paragraphs (c) and (d) to specify
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additional provisions that are not
authorized under this section. Paragraph
(c) indicates that a person may not mark
that a package has passed a test or
inspection if it has not actually passed
that test or inspection. Paragraph (d)
specifies that no person shall falsify a
document or marking indicating that a
packaging has passed a test or
inspection. Both of these paragraphs
provide additional clarity and ensure
increased safety; they do not add any
new restrictions, as these actions were
not and are not authorized prior to
publication of this rulemaking.
Section 180.403
This section provides definitions for
the qualification and maintenance of
cargo tanks. PHMSA proposes to revise
the following § 180.403 definitions:
• Repair: PHMSA proposes to utilize
the existing definition of rebarrelling to
better define the term repair. As defined
in § 180.403, rebarrelling means
‘‘replacing more than 50 percent of the
combined shell and head material of a
cargo tank.’’ Alternatively, in the event
that less than 50 percent of the
combined shell and head material is
replaced, the process is considered a
repair. Therefore, to remove any
ambiguity, PHMSA proposes to revise
repair to include that it means the
replacement of 50 percent or less of the
combined shell and head material of a
cargo tank. Finally, PHMSA proposes a
minor editorial revision to move the
word ‘‘and’’ to connect the second and
third exclusion clauses. This proposed
edit corrects a minor drafting error.
The following definitions are
proposed to be added to § 180.403:
• Certification Plate: As previously
discussed, there has been considerable
confusion regarding the use of ‘‘name
plate’’ or ‘‘specification plate.’’ This
uncertainty is amplified when
considering the challenges associated
with mounting a used ASME Code cargo
tank to a new chassis. PHMSA is
proposing the addition of definitions for
‘‘Name Plate’’ and ‘‘Specification Plate’’
into § 178.320; however, these terms do
not apply to a data plate attached to a
cargo tank that is still in use but is no
longer authorized for construction (as
identified by § 180.405(c)). The correct
term for a data plate attached to this
type of tank is ‘‘certification plate.’’
Therefore, PHMSA proposes to define
‘‘certification plate’’ to mean a data
plate containing the applicable
markings provided in the original
specifications for cargo tanks no longer
authorized for construction (as
identified in § 180.405(c)), and
permanently attached to the cargo tank
or integral supporting structure by the
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manufacturer. The markings on this
plate are certification by the
manufacturer that the cargo tank or the
cargo tank motor vehicle has been
designed, constructed, and tested in
accordance with the applicable
specification.
• Maintenance: PHMSA proposes to
add this definition for ease of
understanding and reading as the term
‘‘maintenance’’ is used throughout part
180, subpart E but it is not currently
defined and PHMSA expects this
proposed definition will increase clarity
without reducing safety. PHMSA
proposes that Maintenance means ‘‘the
replacement of components that do not
involve welding on a cargo tank wall, on
specification cargo tanks or cargo tank
motor vehicles.’’ This aligns with the
current definition of repair and
rebarelling as both of these functions
involve welding, while as proposed,
maintenance means replacement of
components that does not involve
welding.
• Objectively reasonable and
articulable belief: PHMSA proposes to
add a definition for the phrase
‘‘Objectively reasonable and articulable
belief.’’ This means ‘‘a belief based on
particularized and identifiable facts that
provide an objective basis to believe or
suspect that a cargo tank or series of
cargo tanks may be in an unsafe
operating condition.’’ This phrase will
be added as a standard in
§ 180.407(b)(5), as a condition that
requires test and inspection of a cargo
tank, replacing ‘‘probable cause.’’ This
phrase and definition align with
existing language for tank cars in part
180 subpart F. The intent of this
revision is to clarify the standard by
which a FMCSA investigator or other
representative of the Department may
require a cargo tank to be inspected and
tested prior to further transportation.
• Set pressure: PHMSA and FMCSA
identified potential confusion because
the terms ‘‘set pressure’’ and ‘‘set to
discharge pressure’’ are used in various
places in the HMR without a
corresponding definition in § 180.403.
In order to increase regulatory clarity
and avoid this confusion, PHMSA
proposes to define set pressure to mean
the pressure of the PRD or pressure
relief system at which it starts to open,
allowing discharge. This aligns with the
definition of set pressure in § 178.345–
10(d) of the HMR.
Section 180.405
This section details requirements for
the qualification of cargo tanks.
Paragraph (b) outlines authorized cargo
tank specifications and provides
requirements for how to recertify cargo
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tanks that are no longer authorized to be
manufactured (e.g., MC 306, MC 307 or
MC 312 specification cargo tanks).
However, the HMR does not specify
how to replace a specification plate
when it is missing. PHMSA has received
comments from industry and
enforcement communities who have
struggled in addressing this situation
because of its absence from the HMR.
Therefore, PHMSA proposes to provide
standards for the replacement of DOT
specification certification plates with
requirements for different scenarios in
new paragraph (b)(3), along with a
documentation requirement to provide
traceability. These proposed scenarios
reduce regulatory uncertainty while
ensuring that cargo tanks can safely
transport hazardous materials.
Paragraph (c)(2) details requirements
for modification of PRDs and outlets.
PHMSA proposes an editorial
amendment to paragraph (c)(2) by
specifying that the paragraph applies to
‘‘cargo tank motor vehicles,’’ as opposed
to just ‘‘cargo tanks’’ for regulatory
consistency. Additionally, PHMSA
proposes to remove paragraphs (c)(2)(i)–
(vii) and instead in paragraph (c)(2),
reference §§ 173.33(d) and 180.405(h),
as these regulations are duplicative. By
removing duplicative regulations,
PHMSA eliminates any potential
inconsistency between the same
requirements. These proposed revisions
are not intended to change the current
regulatory requirements.
PHMSA also proposes to add
paragraph (c)(3) to specify that ‘‘a cargo
tank motor vehicle manufactured and
certified prior to the dates listed in table
1 and table 2 of [§ 180.405] may be
mounted on a different truck chassis
provided the mounting and certification
is done in accordance with this
subchapter.’’ This new proposed
paragraph provides regulatory clarity
and allows for flexibility in mounting a
cargo tank that is no longer authorized
to be manufactured onto a new chassis,
enhancing the safe transportation of
hazardous materials in cargo tanks.
Paragraph (h)(3) specifies
requirements for modifying reclosing
PRDs to more current cargo tank
specifications. PHMSA proposes to
amend this paragraph editorially by
adding a reference to § 173.33(d) and
indicating that this requirement applies
to a ‘‘cargo tank motor vehicle,’’ instead
of just a ‘‘cargo tank.’’
Paragraph (j) indicates requirements
for withdrawal of a specification cargo
tank certification. PHMSA proposes to
revise this paragraph to indicate when
the specification plate is removed,
obliterated, or securely covered, it must
withstand conditions normally incident
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to transportation. FMCSA has
encountered cargo tank motor vehicles
where adhesive tape or other nondurable method has been used to cover
the specification plate but the covering
has worn off or been removed; thus, the
cargo tank may indicate that it meets a
specification when it is no longer in
compliance. This proposal is intended
for clarification purposes and thus, will
enhance safety, as the specification
plate should not currently be displayed
if the cargo tank does not meet the
appropriate specification referenced.
PHMSA also proposes minimal editorial
amendments to this paragraph to align
with the rest of the HMR. Specifically,
PHMSA proposes to replace ‘‘cargo
tank’’ with ‘‘cargo tank motor vehicle,’’
‘‘certificate’’ with ‘‘Certificate of
Compliance,’’ and re-order the
references to §§ 180.407 and 180.413 so
that § 180.407 appears first.
Lastly, PHMSA proposes to add
paragraph (p) to specify that at the next
external visual inspection after the
effective date of this final rule,
Registered Inspectors must inspect the
mechanical means of remote closure to
ensure that access or means of manual
operation is unobstructed from
operation. This proposal mirrors the
language proposed in §§ 178.337–8,
178.338–11, and 178.345–11. FMCSA
has encountered cargo tank motor
vehicles where the mechanical means of
remote shut off device has been
obstructed by various appurtenances
and equipment that were added after the
date of manufacture. As obstructions to
the manual remote emergency shut off
device may result in an incident,
PHMSA proposes to add this paragraph
in order to address this safety concern.
Section 180.407
This section contains requirements for
properly conducting tests and
inspections on cargo tank motor
vehicles. Since 2003 (when PHMSA last
published a cargo tank-specific
rulemaking) PHMSA has issued more
than 50 letters of interpretation related
to § 180.407. In addition, FMCSA issued
over 550 violations related to this
section in 2019 alone. In listening
sessions, enforcement actions, and
questions raised during FMCSA/NTTC
Cargo Tank Workshops, the cargo tank
regulated community has expressed
concerns regarding the implementation
of this section. PHMSA and FMCSA
acknowledge that the requirements of
§ 180.407, as currently written, generate
confusion and create compliance issues
in the cargo tank regulated community.
To address this confusion and increase
understanding of, and compliance with,
cargo tank testing and inspection
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requirements, PHMSA proposes to
amend certain paragraphs, as described
below. Ultimately, PHMSA expects that
by reducing confusion and providing
increased clarity, these proposed
amendments will increase safety. Please
note that paragraphs not discussed
below but contained in the proposed
regulatory text, do not contain proposed
changes, but rather are included in the
proposed regulatory text for the
convenience of the Federal Register.
Paragraph (a)(1)
This paragraph currently specifies a
cargo tank constructed in accordance
with a DOT specification, for which a
test or inspection has become due, may
not be filled and offered for
transportation or transported until the
test or inspection has been successfully
completed. PHMSA proposes several
revisions to provide more regulatory
clarity, which ensures further
compliance with the HMR.
PHMSA proposes to specify this
paragraph applies to a ‘‘cargo tank
motor vehicle’’ instead of a ‘‘cargo tank’’
as this is more technically correct and
aligns with other proposals.
PHMSA also proposes to indicate this
paragraph also applies to cargo tank
motor vehicles that may not be a DOT
specification but may be otherwise
subject to this section. This increases
safety by ensuring that a cargo tank
transporting hazardous materials is not
filled and offered if the part 180 subpart
E test or inspection date has passed,
regardless if it is a specification cargo
tank. For example, § 180.407(h) details
requirements for certain nonspecification cargo tank leakage test
requirements. This proposal ensures
these non-specification cargo tank motor
vehicles may not be filled and offered
for transportation if the leakage test date
has passed and the cargo tank motor
vehicle has not been retested.
Lastly, PHMSA proposes to indicate
more clearly that a cargo tank motor
vehicle filled prior to the test or
inspection due date may still be offered
for transportation or transported after
the test or inspection due date has
passed, as also indicated in
§ 173.33(a)(3). This is currently
authorized in the HMR and this
proposal reinforces that allowance.
Furthermore, while § 173.33(a)(3) refers
to § 180.407(a)(1), there is no reciprocal
reference to § 177.33(a)(3) in
§ 180.407(a)(1). Therefore, PHMSA
proposes to reinforce the allowance for
a cargo tank to be offered for
transportation after the inspection or
test date has passed, as long as the cargo
tank was filled prior to the inspection or
test expiration, and add a reference to
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§ 173.33(a)(3) to complete the crossreference. As this is currently
authorized, this proposed revision
provides clarity without reducing safety.
Paragraph (a)(2)
This paragraph specifies that, except
during a pressure test, a cargo tank may
not be subjected to a pressure greater
than its design pressure or MAWP.
PHMSA proposes an editorial
amendment to specify that the MAWP
referenced in this requirement is the one
marked on the name plate or
specification plate. These editorial
revisions will enhance clarity, and
PHMSA does not expect they will
reduce safety.
Paragraph (a)(5)
This paragraph requires a cargo tank
to be marked in accordance with
§ 180.415 when it has passed a test or
inspection. PHMSA proposes an
editorial amendment to change ‘‘cargo
tank’’ to the more appropriate ‘‘cargo
tank motor vehicle.’’
Paragraph (a)(6)
This paragraph contains requirements
for a cargo tank that has failed a
prescribed test or inspection. PHMSA
proposes to specify that the paragraph
applies to a ‘‘cargo tank motor vehicle’’
instead of a ‘‘cargo tank’’ as an editorial
amendment.
While paragraph (a)(6) only applies to
a cargo tank that has failed a prescribed
test or inspection, there is a potential
regulatory gap for a cargo tank that was
improperly tested. It is possible that an
improperly tested cargo tank motor
vehicle may have failed the prescribed
test or inspection if it had been properly
conducted. To address this safety gap,
PHMSA proposes to require that
paragraph (a)(6) also applies to a cargo
tank motor vehicle that ‘‘has not been
properly inspected.’’ Therefore, if it has
been improperly inspected, the cargo
tank motor vehicle can be retested or
taken out of hazardous materials
service.
Paragraph (a)(6)(ii)
This paragraph specifies when
meeting the criteria in paragraph (a)(6)
(e.g., a cargo tank has failed a prescribed
test or inspection), a cargo tank must be
removed from hazardous materials
service and the specification plate must
be removed or covered in a secure
manner. PHMSA proposes to revise this
paragraph to specify when the
specification plate is covered, it must be
covered in a manner that can, at a
minimum, withstand conditions
normally incident to transportation. As
noted in ‘‘Section IV. Section-by-Section
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Review; Part 180; Section 180.405,’’
FMCSA has encountered cargo tank
motor vehicles where adhesive tape or
another non-durable method was used
to cover the specification plate, but the
covering had worn off or been removed.
Therefore, the specification plate
indicates the cargo tank motor vehicle
meets a specification when it is actually
no longer in compliance. This proposal
aims to reduce the likelihood of this
occurring and increase safety. Note that
this is a clarifying amendment and even
though not in the regulations, it is
currently good practice to cover the
specification plate in such a way that
ensures any covering can withstand
conditions normally incident to
transportation.
Paragraph (a)(7)
PHMSA proposes to add this
paragraph to specify all equipment and
instruments used in part 180 subpart E
tests and inspections must be calibrated
and maintained according to the
manufacturer’s instructions. FMCSA has
found numerous instances of poorly
maintained or uncalibrated equipment
being used to qualify cargo tank motor
vehicles. This change aims to eliminate
any errors in testing caused by poorly
maintained equipment and ultimately,
increase safety. Additionally, to ensure
compliance with this requirement,
PHMSA proposes to require the facility
to maintain records of the calibration
and to retain a copy of the two most
recent calibrations, which must be made
available to a representative of the
Department upon request.
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Paragraph (a)(8)
PHMSA proposes to add paragraph
(a)(8) to allow for the use of video
cameras or fiber optic equipment during
any test or inspection, provided that all
of the required areas and elements that
need to be tested or inspected can be
viewed and evaluated in accordance
with part 180 subpart E. This provides
flexibility in performance of tests and of
inspections, while maintaining an
equivalent level of safety. Records of the
test and inspections must be recorded,
as currently required in § 180.417, but
there is no requirement to maintain the
video camera recordings.
Paragraph (a)(9)
PHMSA proposes to add this
paragraph to require the use of the
hydrostatic test method for the pressure
test whenever the test pressure exceeds
50 psig, except for DOT Specification
MC 338 cargo tank motor vehicles in
cryogenic service. Essentially, this new
paragraph restricts the use of pneumatic
testing whenever the test pressure
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exceeds 50 psig. There is a significant
reduction in the potential for serious
injury or death when comparing the
pneumatic test to the hydrostatic test at
high pressures, due to the
incompressible properties of water.
Therefore, this proposal ensures that a
hydrostatic test is used to test cargo
tanks at high pressures to address the
high potential safety concern from use
of pneumatic testing. In addition, this
new paragraph mirrors the limitation for
testing of small gas cylinders
pneumatically.
PHMSA also proposes to specify that
‘‘in all pressure and leakage tests,
suitable safeguards must be provided to
protect personnel should a system
failure occur.’’ This proposed
requirement aims to minimize the risks
and reduce the impact of incidents,
including the sudden release of
compressed air or liquid, and flying
debris, associated with performance of
pressure tests.
Paragraph (a)(10)
PHMSA proposes to add this
paragraph to require that the Registered
Inspector must consult with the owner
or motor carrier, as appropriate, to
determine if materials corrosive or
reactive to the cargo tank or components
were transported in the cargo tank
motor vehicle prior to or since the last
test or inspection was performed. The
Registered Inspector shall indicate this
information on the § 180.415 report and
use the information to determine the
proper tests and inspections to be
conducted on the cargo tank motor
vehicle. Cargo tank motor vehicles that
have transported material corrosive to
the tank are subject to a thickness test,
and more frequent internal visual
inspections to ensure the lading has not
reduced the thickness of the tank below
the minimum required thickness.
Registered Inspectors often comment to
FMCSA that they have no way of
determining what the cargo tank motor
vehicle has transported since the last
inspection, and therefore, this proposed
requirement aims to remedy the
concerns raised by Registered
Inspectors. This also ensures the proper
tests and inspections are conducted on
the cargo tank motor vehicle based on
the hazardous materials that were
transported in the cargo tank, which
increases the future safe transportation
of the cargo tank motor vehicle.
Paragraph (a)(11)
This new proposed paragraph
requires all sources of spark, flame, or
glowing heat within the area of
enclosure where the tests and
inspections are conducted (including
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85637
any heating system drawing air
therefrom) are extinguished, made
inoperable, or rendered explosion-proof
by a suitable method prior to any tests
or inspections subject to this subpart.
PHMSA and FMCSA expect that this
proposal will reduce the potential for
any incidents involving spark, flame, or
glowing heat. PHMSA and FMCSA
expect that this new paragraph reduces
the potential for any incidents involving
sparks, flames, or glowing heat while
conducting cargo tank tests and
inspections and therefore, increases
safety.
Paragraph (b)(1)
This paragraph details certain tank
defects that require a cargo tank to be
tested and inspected without regard to
any other test or inspection
requirements. PHMSA proposes to
revise this paragraph by adding
‘‘bulges’’ to the list of tank defects. If the
cargo tank shows evidence of bulges, it
demonstrates a potential failure in the
structural integrity of the cargo tank.
Therefore, to ensure continued safe
transportation of hazardous materials in
cargo tanks, PHMSA proposes to add
this additional tank defect to the list
that requires test and inspection. In
addition, PHMSA proposes editorial
amendments to this paragraph including
adding a reference to the definition of
minimum thickness in § 178.320, and
other grammatical edits for increased
readability.
Paragraph (b)(3)
This paragraph specifies a cargo tank
that has been out of hazardous materials
transportation service for a period of
one year or more must be pressure
tested in accordance with § 180.407(g),
prior to returning to service. PHMSA
proposes minor editorial edits to this
paragraph, including specifying that this
paragraph applies to a ‘‘cargo tank
motor vehicle’’ instead of ‘‘cargo tank’’,
specify ‘‘one year’’ as a numerical value
for grammatical purposes, and that the
pressure test is required prior to further
use ‘‘in hazardous materials
transportation.’’ These editorial
amendments help to increase regulatory
consistency and clarity, thus ensuring
safe transportation.
Paragraph (b)(5)
This paragraph currently states that a
specification cargo tank must be tested
and inspected if the Department so
requires based on the existence of
probable cause that the cargo tank is in
an unsafe operating condition. The term
‘‘probable cause’’ normally refers to
criminal matters and not necessarily an
appropriate standard to apply to
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scenarios requiring test and inspection
of cargo tanks. Therefore, PHMSA
proposes to replace ‘‘probable cause’’
with ‘‘objectively reasonable and
articulable belief.’’ This standard is
currently in use in part 180 subpart F
for tank cars, and PHMSA believes it is
also the proper standard for cargo tanks
in part 180 subpart E.
PHMSA takes the position that if an
investigator inspects a cargo tank motor
vehicle and determines it is in need of
inspection or re-inspection because
evidence has been discovered that the
original tests were not performed in
accordance with the regulations—or
because of defects in the cargo tank
motor vehicle itself—that these facts are
sufficiently considered an ‘‘objectively
reasonable and articulable belief.’’
Therefore, PHMSA proposes to revise
this paragraph to replace ‘‘probable
cause’’ with ‘‘objectively reasonable and
articulable belief.’’ This amendment
will provide clarity on when an
investigator can require testing and
inspection (or reinspection), thus
ensuring cargo tanks are safe for
transport.
lotter on DSK11XQN23PROD with PROPOSALS2
Paragraph (c)
This paragraph specifies each
specification cargo tank must be tested
and inspected in accordance with the
table listed under paragraph (c). PHMSA
proposes the following editorial
amendments for clarity:
• Specify the most recent inspection
is one ‘‘completed in accordance with
the requirements in part 180;’’
• Spell out ‘‘cargo tank motor
vehicle’’ instead of the abbreviation
‘‘CTMV;’’
• Clarify that the inspector in
question must be a Registered Inspector;
and
• Clarify that this paragraph should
apply to a ‘‘cargo tank motor vehicle
subject to this subpart’’ instead of a
‘‘specification cargo tank.’’
These proposed amendments ensure
regulatory consistency, thus enhancing
safety.
Paragraph (d)(1)
This paragraph applies to the external
visual inspection of cargo tank motor
vehicles, and states that where
insulation precludes a complete
external visual inspection as required by
§§ 180.407(d)(2) through (d)(6), the
cargo tank must also be given an
internal visual inspection in accordance
with § 180.407(e). PHMSA proposes to
add ‘‘coverings such as wrappings and
coatings’’ as materials that can preclude
a complete external visual inspection to
paragraph (d)(1). This is consistent with
Letters of Interpretation Reference Nos.
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14–0110, 15–0221, 15–0226, 16–0049,
20–0013, and 20–0038 and this proposal
will provide regulatory clarity without
reducing safety.
Paragraph (d)(2)(i)
This paragraph specifies the tank
shell and heads must be inspected
during the external visual inspection.
PHMSA proposes to require that
‘‘during the inspection of the cargo tank
shell and heads, all pad attachments on
either the cargo tank shell or head shall
be inspected for method of attachment
or other conditions that may render the
appurtenance as unsafe.’’ This proposed
requirement ensures that the pad
attachments are properly functioning,
which increases the safe transportation
of hazardous materials in cargo tanks.
Additionally, PHMSA proposes to
specify that the tank shell and heads
must be ‘‘evaluated in accordance with
§ 180.411.’’ This proposed editorial
amendment provides additional
regulatory clarity to cross-reference the
current evaluation requirements and
therefore, increase compliance.
Paragraph (d)(2)(ii)
Paragraph (d)(2)(ii) specifies external
visual inspection requirements for
piping, valves, and gaskets. PHMSA
proposes to specify that this paragraph
applies to the piping system, which
includes flexible connectors in addition
to the currently identified piping, valves
and gaskets. This proposal provides
regulatory clarity as it expands the
specificity of what constitutes the
piping system and therefore, increases
regulatory compliance and thus, safety.
Paragraph (d)(2)(iv)
This paragraph specifies inspection
requirements for emergency devices and
valves during the external visual
inspection. PHMSA proposes to indicate
editorially that remote closure devices
include ‘‘all emergency discharge
control systems and delivery hoses
required by § 173.315(n).’’ This proposal
is intended to provide clarity compared
to the existing regulatory language and
is not intended to subject new devices
and valves to this requirement.
Therefore, this proposal provides
additional regulatory clarity to
ultimately increase regulatory
compliance and safety.
PHMSA also proposes instead of
specifying all emergency devices and
valves must be ‘‘free from’’ corrosion,
distortion, erosion, and any external
damage that will prevent safe operation,
that they have to be ‘‘inspected for’’ this
type of damage. This editorial proposal
reinforces that in order to ensure the
emergency discharge devices and valves
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do not have any corrosion, distortion,
erosion, and/or any external damage
that will prevent operation. The
emergency discharge devices and valves
must be inspected as part of the external
visual inspection at the interval
prescribed in § 180.407(c). While not
currently specified in paragraph
(d)(2)(iv), inspection of emergency
discharge devices and valves is
referenced in § 180.417. Therefore, to
remove any potential confusion or
regulatory inconsistency, PHMSA
proposes to add inspection to paragraph
(d)(2)(iv). Ultimately, PHMSA expects
this clarity will increase safety of cargo
tank motor vehicle hazardous materials
transportation.
PHMSA further proposes two
editorial amendments to the currently
effective requirement that ‘‘remote
closure devices and self-closing stop
valves be functioned to demonstrate
proper operation.’’ Specifically, PHMSA
proposes to revise the requirement from
‘‘remote closure devices’’ to ‘‘all
emergency closure devices’’ consistent
with proper terminology throughout the
rest of the paragraph. In addition, for
grammatical correctness, PHMSA
proposes to rewrite the requirement to
indicate the equipment must be
‘‘operated to demonstrate proper
functioning’’ instead of ‘‘functioned to
demonstrate proper operations.’’
Therefore, this sentence is proposed to
read, ‘‘All emergency closure devices
and self-closing stop valves must be
operated to demonstrate proper
functioning.’’
Lastly, this paragraph does not
indicate a required distance for testing
remote shutoff devices. PHMSA
proposes to specify ‘‘the distance for
testing non-mechanical remote shutoff
devices must be in accordance with the
original device manufacturer’s
specification.’’ This ensures the nonmechanical remote shutoff device
operates safely, as it was originally
manufactured to function, and follows
optimum testing parameters, which
increases safety of cargo tank motor
vehicles.
Paragraph (d)(2)(viii)
This paragraph requires all major
appurtenances and structural
attachments and those elements of the
upper coupler assembly that can be
inspected without dismantling the
upper coupler, must be inspected for
any corrosion or damage that may
prevent safe operation during the
external visual inspection. Section
178.320 defines an appurtenance as any
attachment to a cargo tank that has no
lading retention or containment
function and provides no structural
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support to the cargo tank. However, the
HMR does not define ‘‘major
appurtenances’’ and therefore, the
‘‘major’’ qualifier is ambiguous.
Therefore, to eliminate the ambiguity
and for consistency with the definition
of an appurtenance, PHMSA proposes
to remove the term ‘‘major.’’ PHMSA
expects this regulatory clarity will
improve compliance and ultimately,
safety.
In addition, the issue of whether the
king pin should be checked as part of
the external visual inspection, and, if so,
what criteria should be used, was raised
at one of the previously referenced cargo
tank technical information sessions.
Participants at the session
recommended that language be added to
state clearly that the king pin is part of
the upper coupler assembly. Therefore,
as PHMSA expects this increases
regulatory compliance and safety,
PHMSA proposes to add a clarifier that
the upper coupler includes the king pin,
while subsequently removing the term
‘‘fifth wheel.’’
Paragraphs (d)(2)(ix) and (g)(1)(iii)
These paragraphs provide inspection
requirements of areas covered by the
upper coupler assembly. Paragraph
(d)(2)(ix) requires this inspection occurs
during the external visual inspection for
cargo tanks carrying lading corrosive to
the cargo tank and paragraph (g)(1)(iii)
requires that this inspection occurs
during the pressure test for cargo tanks
that do not transport lading corrosive to
the cargo tank. PHMSA proposes similar
amendments in both paragraphs.
First, PHMSA proposes editorial
amendments by specifying these
paragraphs apply to ‘‘cargo tank motor
vehicles’’ as opposed to ‘‘cargo tanks,’’
consistent with other proposals. In
addition, and consistent with proposed
amendments in paragraph (d)(2)(viii),
PHMSA proposes to remove the
references to ‘‘fifth wheel,’’ as it is no
longer necessary. See ‘‘Section IV.
Section-by-Section Review; Part 180;
Section 180.407; Paragraphs (d)(2)(viii)’’
for further discussion on this proposal.
Additionally, in paragraph (d)(2)(ix),
PHMSA proposes to revise ‘‘two-year
period’’ as a numerical value for
grammatical consistency.
Furthermore, PHMSA proposes to
specify the upper coupler assembly can
be removed from the cargo tank for
inspection under certain conditions. On
some cargo tank motor vehicles, there is
sufficient area above the upper coupler
and below the bottom of the cargo tank
to inspect the bottom of the cargo tank
without removing the upper coupler.
PHMSA proposes to allow for the
inspection of the tank above the upper
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85639
coupler where there is sufficient area
above the upper coupler and below the
bottom of the cargo tank to inspect the
tank surface when conducting the
inspection by directly viewing the cargo
tank. The ability for direct viewing
means the area can be inspected without
the use of an aid, such as mirrors,
cameras, or fiber optics. This proposal is
consistent with letters of interpretation
issued by PHMSA.57 Furthermore, this
allowance means that the upper coupler
can remain attached, which reduces the
potential for improper reattachment,
while maintaining the safety standard
for inspection (complete visual
inspection of the cargo tank shell).
Finally, to reinforce current FMCSR
requirements, PHMSA proposes to
specify that when the upper coupler
assembly is removed from the cargo
tank motor vehicle, it must be
reattached in accordance with the
manufacturer’s instructions and 49 CFR
393.70, the Federal Motor Carrier Safety
Regulation section that covers couplers.
This proposal reinforces current
requirements to ensure the upper
coupler assembly is replaced safely and
correctly.
prevent safe operation. PHMSA
proposes no other revisions than the
editorial amendment described above.
PHMSA proposes that new paragraph
(d)(3)(ii) contains the last two sentences
of current paragraph (d)(3). Currently,
these last two sentences require that all
reclosing pressure relief valves that
carry lading corrosive to the cargo tank
be removed for inspection and testing.
Furthermore, the requirement to remove
and test reclosing pressure relief valves
must be done in accordance with
§ 180.407(j). In addition to the editorial
amendment described above, PHMSA
proposes to consolidate these two
sentences into one sentence as the
introductory language in the second
sentence is duplicative. This
consolidation aims at reducing any
ambiguity and streamlining the
requirement to increase compliance.
PHMSA proposes to specify the
paragraph applies to ‘‘cargo tank motor
vehicles’’ instead of just ‘‘cargo tanks,’’
consistent with other proposed
amendments. Lastly, PHMSA proposes
to qualify editorially that by ‘‘testing’’
the requirement is for ‘‘bench testing’’ to
reduce any potential confusion.
Paragraph (d)(2)(ix)
See ‘‘Section IV. Section-by-Section
Review; Part 180; Section 180.407;
Paragraphs (d)(2)(ix) and (g)(1)(iii)’’ for
a discussion on the proposed changes in
this paragraph.
Paragraphs (d)(3)
See ‘‘Section IV. Section-by-Section
Review; Part 180; Section 180.407;
Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’
for a discussion on the proposed
changes in this paragraph.
Paragraphs (d)(3), (d)(3)(i), and (d)(3)(ii)
Paragraph (d)(3) specifies the
inspection requirements for reclosing
pressure relief valves. PHMSA proposes
to split the current requirements into
two new paragraphs to distinguish the
requirements more clearly and increase
compliance. Subsequently, PHMSA
proposes to add introductory language
to paragraph (d)(3) to specify the
requirements of paragraph (d)(3)(i) and
(ii) apply to reclosing pressure relief
devices. Additionally, PHMSA proposes
to amend all references in new
paragraphs (d)(3)(i) and (ii) to ‘‘pressure
relief valves’’ as ‘‘pressure relief
devices’’ for consistency with the rest of
the HMR.
PHMSA proposes that paragraph
(d)(3)(i) contains the first sentence of
current paragraph (d)(3). Currently, this
requires that all reclosing pressure relief
valves be externally inspected for
corrosion and damage, which might
Paragraphs (d)(3)(i)
See ‘‘Section IV. Section-by-Section
Review; Part 180; Section 180.407;
Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’
for a discussion on the proposed
changes in this paragraph.
57 See Letters of Interpretation Reference Nos. 02–
0290 and 11–0059. See Letter of Interpretation
Reference No. 02–0290: https://
www.phmsa.dot.gov/regulations/title49/interp/020290. See Letter of Interpretation Reference No. 11–
0059: https://www.phmsa.dot.gov/regulations/
title49/interp/11-0059.
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Paragraphs (d)(3)(ii)
See ‘‘Section IV. Section-by-Section
Review; Part 180; Section 180.407;
Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’
for a discussion on the proposed
changes in this paragraph.
Paragraph (d)(4)
This paragraph requires ring stiffeners
or other appurtenances must be
thickness tested at least once every two
years. PHMSA proposes editorial
revisions, including removing the term
‘‘other’’ in reference to appurtenances,
specifying the paragraph applies to
‘‘cargo tank motor vehicles’’ instead of
‘‘cargo tanks,’’ and minor grammatical
revisions to align this paragraph with
other proposals.
Paragraph (d)(7)
Paragraph (d)(7) requires that an
inspector must record the results of an
external visual examination. PHMSA
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proposes to move the current
requirements of paragraph (d)(7) to a
new paragraph (d)(9). In its place,
PHMSA proposes that paragraph (d)(7)
requires external ring stiffeners to be
inspected for corrosion, pitting, abraded
areas, or damage, and repaired as
appropriate during external visual
inspection. Ring stiffeners are installed
on cargo tank motor vehicles to provide
structural support, however, the HMR
do not currently require that they are
inspected and repaired as appropriate. If
the external ring stiffeners fail because
they were not inspected and repaired
appropriately, the cargo tank motor
vehicles would be left vulnerable to an
incident, therefore, PHMSA proposes
this new requirement to eliminate a
potential safety gap.
Paragraph (d)(8)
PHMSA proposes this new paragraph
to require Registered Inspectors to
inspect weld repairs for leakage and
weld defects. Furthermore, PHMSA
proposes that the Registered Inspector
verify the weld repair was done in
accordance with § 180.413. FMCSA
determined an incident resulting in
death and injuries occurred because the
welded repairs were not conducted in
accordance with the HMR and the repair
facility did not hold the appropriate
certificates. To avoid this type of
incident in the future and ensure the
continued safe transportation of
hazardous materials in specification
cargo tank motor vehicles, PHMSA
proposes to add this verification
requirement to reduce improper
welding operations.
lotter on DSK11XQN23PROD with PROPOSALS2
Paragraph (d)(9)
Based on proposed amendments in
paragraphs (d)(7) and (8), PHMSA
proposes to move the current
requirements of paragraph (d)(7) to new
paragraph (d)(9). As previously
discussed, current paragraph (d)(7)
requires that the inspector must record
the results of the external visual
examination as specified in
§ 180.417(b). PHMSA does not propose
any additional amendments to this
paragraph.
Paragraph (f)
This paragraph provides requirements
for lining inspections. The introductory
sentence to this paragraph specifies the
integrity of the lining on all lined cargo
tanks must be verified at least once each
year as outlined in paragraph (f).
PHMSA identified that this paragraph
may be interpreted as contradicting the
periodic test and inspection table found
under § 180.407(c), which specifies that
all lined cargo tanks transporting lading
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corrosive to the tank, must undergo a
lining inspection every year. To reduce
this confusion, PHMSA proposes to
revise this paragraph to specify only
cargo tank motor vehicles that are
required to be lined are required to
undergo an annual lining inspection as
specified in the rest of paragraph (f).
Paragraph (f)(2)
This paragraph states that linings not
made of rubber must be tested using
equipment and procedures prescribed
by the lining manufacturer or lining
installer. PHMSA proposes to revise
paragraph (f)(2) to specify ‘‘[f]or linings
made of materials other than rubber
(elastomeric material), the owner of the
cargo tank motor vehicle must obtain
documentation from the lining
manufacturer or installer that specifies
the proper procedures for lining and
inspection. This documentation must be
provided to the Registered Inspector
before inspection.’’ PHMSA expects this
requirement will ensure the lining is
being properly inspected. Currently, a
cargo tank motor vehicle owner is
responsible for information regarding
the cargo tank motor vehicle, including
information on the lining. Additionally,
the cargo tank motor vehicle owner
should have this information, because,
in some cases, the cargo tank motor
vehicle is lined upon purchasing, and
thus, the information is provided during
the course of ownership. However,
because it is currently not specified in
the HMR, manufacturers may not have
this information readily available for
Registered Inspectors during
inspections. Therefore, this proposed
requirement ensures the availability of
this documentation to Registered
Inspectors to make certain the lining is
properly inspected, which increases
safety.
Paragraph (f)(3)
Paragraph (f)(3) details requirements
for degraded or defective areas of the
cargo tank liner. As an editorial
amendment, PHMSA proposes to revise
‘‘liner’’ as ‘‘lining’’ as this is more
appropriate terminology, consistent
with the rest of § 180.407.
Additionally, PHMSA proposes to
add a sentence at the end of the
paragraph to require that if ‘‘degraded or
defective areas of the cargo tank lining
are repaired or if the lining is replaced,
it must comply with the lining
manufacturer’s or installer’s procedures,
subject to the lining requirements of the
HMR.’’ This aligns with the proposed
requirement in paragraph (f)(2) to
require that the cargo tank motor vehicle
owner provide a Registered Inspector
with documentation from the lining
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owner for inspection and testing. See
‘‘Section IV. Section-by-Section Review;
Part 180; Section 180.407; Paragraph
(f)(2).’’ If the lining is repaired or
replaced without being in compliance
with the lining manufacturer or
installer’s procedures, it may affect the
structural integrity of the cargo tank.
Therefore, this proposed requirement is
in the interest of safety and aligns with
general industry practice.
Paragraph (g)(1)(ii)
This paragraph details pressure test
procedures for self-closing pressure
relief valves. PHMSA proposes editorial
amendments to this paragraph. These
amendments include updating
terminology to align more appropriately
with other references in the HMR,
revising ‘‘pressure relief valves’’ to
‘‘pressure relief devices,’’ and specifying
the self-closing PRDs must be removed
from the cargo tank motor vehicle
(instead of cargo tank).
Paragraph (g)(1)(iii)
See ‘‘Section IV. Section-by-Section
Review; Part 180; Section 180.407;
Paragraph (d)(2)(ix) and (g)(1)(iii)’’ for a
discussion on the proposed changes in
this paragraph.
Paragraph (g)(1)(viii)
This paragraph details requirements
for pressure testing of cargo tanks by the
hydrostatic test method. PHMSA
proposes editorial corrections to this
paragraph. PHMSA believes that the
terms ‘‘including its domes’’ and ‘‘to not
less than the pressure’’ do not
contribute to the clarity of the
paragraph. Therefore, PHMSA proposes
to remove the language from the
paragraph to ensure increased clarity,
compliance, and ultimately increase
safety. Additionally, PHMSA proposes
to spell out numerically ‘‘10 minutes’’
for grammatical accuracy consistent
with other proposals.
Paragraph (g)(3)
This paragraph details requirements
for the internal inspection by wet
fluorescent magnetic particle method for
MC 330 and MC 331 cargo tanks.
PHMSA proposes to update the IBR of
CGA Technical Bulletin TB–2 to CGA
Technical Bulletin P–26 (formerly TB–
2) in § 171.7. See ‘‘Section IV. Sectionby-Section Review; Part 171; Section
171.7’’ for a discussion on the proposed
change to this IBR. As this IBR is
referenced in paragraph (g)(3), PHMSA
proposes to update the reference to
specify the new name of the CGA
Technical Bulletin.
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Paragraph (g)(6)
Paragraph (g)(6) specifies the
acceptance criteria that must be met
before a cargo tank can be returned to
service. PHMSA proposes to remove the
terms ‘‘pneumatic inspection pressure’’
and ‘‘excessive permanent expansion.’’
The ‘‘pneumatic inspection pressure’’
term is outdated and ‘‘excessive
permanent expansion’’ is duplicative
because it is covered by the acceptance
criteria of ‘‘shows distortion’’ in the
paragraph. Lastly, PHMSA proposes to
specify this paragraph applies to ‘‘cargo
tank motor vehicles’’ as opposed to just
‘‘cargo tanks.’’ These proposals increase
regulatory clarity and therefore, increase
the safe transportation of hazardous
materials.
Paragraph (h)(1)
Paragraph (h)(1) specifies leakage test
requirements. In paragraph (h)(1),
PHMSA proposes to make several
editorial amendments. PHMSA
proposes to replace the requirement that
the leakage test must include ‘‘testing
product piping’’ to instead require that
the leakage test include ‘‘all components
of the cargo tank wall, and the piping
system.’’ Furthermore, PHMSA
proposes to revise ‘‘accessories’’ and
‘‘venting devices’’ to read as ‘‘pressure
relief devices.’’ Lastly, PHMSA proposes
to spell out ‘‘percent’’ instead of using
the percent sign (%). These changes are
intended to align with more current
terminology and not revise the intent of
these requirements. Therefore, PHMSA
expects this proposed change makes the
regulations clearer, which ultimately
increases safety.
Paragraph (h)(1)(i)
This paragraph provides an alternate
leakage test pressure for a cargo tank
with an MAWP of 690 kPA (100 psig)
or more. PHMSA proposes a minor
editorial revision specifying this
paragraph applies to a ‘‘cargo tank
motor vehicle’’ instead of a ‘‘cargo
tank,’’ which aligns with other proposed
changes.
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Paragraph (h)(1)(ii)
Paragraph (h)(1)(ii) provides an
alternate leakage test pressure for an MC
330 or MC 331 cargo tank in dedicated
liquefied petroleum gas service.
Consistent with paragraph (h)(1)(iii),
PHMSA proposes to include nonspecification cargo tank motor vehicle
authorized under § 173.315(k) in this
paragraph. In addition, PHMSA
proposes an editorial amendment to
correct the spelling of ‘‘liquified’’ to
‘‘liquefied.’’
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Paragraph (h)(1)(iii)
This paragraph authorizes a leakage
test pressure exception for an MC 330 or
MC 331 cargo tank, and a nonspecification cargo tank authorized
under § 173.315(k) equipped with a
meter. PHMSA proposes a minor
editorial revision consistent with other
proposals to specify this paragraph
applies to ‘‘cargo tank motor vehicles’’
instead of ‘‘cargo tanks.’’
Paragraph (h)(1)(iv)
This paragraph provides an alternate
leakage test pressure for an MC 330 or
MC 331 cargo tank in dedicated service
for anhydrous ammonia. PHMSA
proposes minor editorial revisions to
specify this paragraph applies to
‘‘specification MC 330 or MC 331 cargo
tank motor vehicles.’’
Paragraph (h)(2)
Paragraph (h)(2) details leak test
authorizations for cargo tanks used to
transport petroleum distillate fuels that
are equipped with vapor collection
equipment. PHMSA proposes a minor
editorial amendment to specify this
paragraph applies to ‘‘cargo tank motor
vehicles’’ instead of ‘‘cargo tanks’’
consistent with correct terminology and
other proposals.
Paragraph (h)(3)
This paragraph requires that if a cargo
tank fails to retain leakage test pressure,
it may not be returned to service as a
specification cargo tank, except under
conditions specified in § 180.411(d).
PHMSA proposes editorial amendments
to indicate that this paragraph applies to
‘‘cargo tank motor vehicles’’ instead of
‘‘cargo tanks.’’ Furthermore, PHMSA
proposes to include leaks as another
reason why the cargo tank may not be
returned to service. A cargo tank motor
vehicle that is leaking would not pass a
leakage test if one was conducted and
thus, should be subject to this paragraph
and subject to repair immediately.
Therefore, a leakage test would not have
to be performed on the leaking cargo
tank motor vehicle before the cargo tank
motor vehicle is subject to repair. The
intent of this revision is to support the
safe transportation of hazardous
materials in cargo tank motor vehicles
by allowing leaking tanks to be repaired
more efficiently. Lastly, PHMSA
proposes to remove the specific
reference to § 180.411(d) as how a cargo
tank motor vehicle is returned to
service. Section 180.411(d) requires all
sources of leakage must be repaired.
Instead of requiring the reader to turn to
another section with minimal
instruction, PHMSA proposes to add
plain language to indicate the cargo tank
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motor vehicle must be repaired as
required by this subpart before returning
to service. PHMSA expects that this
provides regulatory clarity and
therefore, aids in increased safety.
Paragraph (h)(4)
This paragraph specifies the
inspection requirements for delivery
hose assembly and piping systems of
specification MC 330 and MC 331 cargo
tank motor vehicles and nonspecification cargo tank motor vehicles
authorized under § 173.315(k). PHMSA
proposes editorial amendments in this
paragraph. First, PHMSA proposes to
remove the July 1, 2000, reference as
this date has passed and is no longer
needed. PHMSA also proposes to
specify this paragraph applies to
Registered Inspectors ‘‘conducting a
leakage test’’ to reinforce the general
applicability of paragraph (h). Lastly,
PHMSA proposes to revise all references
of ‘‘cargo tanks’’ to ‘‘cargo tank motor
vehicles,’’ consistent with other
proposals. These proposed editorial
amendments help to increase regulatory
clarity and ultimately, increase safety.
On August 1, 2012, in response to
various incidents and NTSB Safety
Recommendations H–12–1 through H–
12–6, FMCSA issued a notice 58
regarding hoses used for the transfer of
Anhydrous Ammonia and Liquefied
Petroleum Gas from cargo tank motor
vehicles to storage tanks, and vice versa.
This notice reinforced the potential
hazards and importance of safety
requirements for these hoses, which are
subject to emergency discharge control
requirements in § 173.315(n). Therefore,
to reinforce the need to have these hoses
tested and inspected, PHMSA proposes
to specify the applicability of the
requirements for delivery hose assembly
and piping systems in this paragraph
includes any delivery hose assembly
used to meet § 173.315(n). PHMSA
expects that codifying this information
in the HMR will increase compliance
and therefore, increase safety.
PHMSA also proposes to add a
sentence to indicate ‘‘the test pressure of
the delivery hose assembly must be at
least 80 percent of the MAWP of the
cargo tank.’’ This provides regulatory
clarity to increase safety and is not
intended to revise current inspection
requirements.
Lastly, in review of this paragraph,
PHMSA and FMCSA identified that the
sentence ‘‘[d]elivery hose assemblies not
58 See the August 1, 2012, notice at: https://
www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/
Important%20Notice%20Regarding
%20Anhydrous%20Ammonia%20and%20
Liquefied%20Petroleum%20Gas%20Hoses_
508CLN.pdf.
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permanently attached to the cargo tank
motor vehicle may be inspected
separately from the cargo tank motor
vehicle’’ may potentially be confusing
language. As currently required in
§ 180.416(e), a delivery hose assembly
that is not permanently attached to a
cargo tank is required to be annually
tested in accordance with
§ 180.407(h)(4). However, because
§ 180.407(h)(4) only uses the term
‘‘inspection’’ without the term ‘‘testing,’’
there is potential ambiguity on how a
person tests a delivery hose assembly
that is not permanently attached to a
cargo tank. To remove this ambiguity,
PHMSA proposes to revise ‘‘separately
from the cargo tank motor vehicle’’ to
‘‘and tested while not attached to the
cargo tank motor vehicle.’’ By reducing
any potential ambiguity, PHMSA
expects this will increase compliance
and ultimately, safety.
Paragraph (i)(4)(v)
This paragraph requires thickness
testing be performed on the areas
around shell reinforcements. PHMSA
proposes to add emphasis that the areas
around shell reinforcements include the
areas ‘‘around all ring stiffeners and the
areas in the bottom half of the cargo
tank.’’ PHMSA expects this proposed
language will aid in regulatory
understanding to ultimately increase
safety, without altering the intent of this
section.
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Paragraph (i)(6)
Paragraph (i)(6)(ii) requires that the
cargo tank motor vehicle nameplate
must reflect revised service limits as one
of the conditions to continue using a
cargo tank that no longer conforms to
the minimum thickness prescribed in
the original design of a cargo tank motor
vehicle.
PHMSA proposes to clarify that the
cargo tank DCE must supply the part
178 supplemental Certificate of
Compliance (currently required by
§ 180.407(i)(6)(i)) that includes the
revised minimum thickness to the cargo
tank motor vehicle owner. This proposal
establishes an additional record beyond
the name plate or specification to assist
with traceability of the cargo tank motor
vehicle. In addition, this ensures these
revised service limits can be identified
if there is degradation of the name plate
or specification, which will increase
future safe transportation and
maintenance of the cargo tank motor
vehicle. Additionally, PHMSA is
proposing an editorial revision to
include marking the ‘‘certification
plate’’ for older 300-series CTMVs.
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Section 180.409
This section details minimum
qualifications for inspectors and testers.
Paragraph (a) includes introductory
language for this section. PHMSA
proposes minor editorial revisions to
paragraph (a) for ease of reading. This
includes removing ‘‘except as otherwise
provided in this section’’ and replacing
the § 180.407(e) reference with a general
reference to this subpart. PHMSA
expects that by increasing the
readability, it increases compliance and
therefore, safety.
Additionally, PHMSA proposes to
add paragraph (a)(4) to reinforce that a
registered inspector must meet the
training requirements of part 172
subpart H. The second highest number
of FMCSA enforcement violations each
year occur from Registered Inspectors
not having met the general hazmat
employee training requirements.
Therefore, in an effort to improve
compliance and reinforce the current
HMR requirements, PHMSA proposes to
add paragraph (a)(4) to state that
Registered Inspectors must meet the
training requirements in part 172
subpart H.
Section 180.411
Section 180.411 details the acceptable
results of the test and inspections of
cargo tank motor vehicles required by
the HMR. Paragraph (b) provides
introductory language and requires use
of CGA C–6 for evaluation procedures of
dents, cuts, digs, and gouges. Paragraph
(b)(1) provides acceptable results for
dents. In review of the HMR, PHMSA
noted in addition to dents, cuts, digs,
and gouges, CGA C–6 also includes
evaluation procedures for bulges.
Similar to dents, bulges are a feature of
a cargo tank that should be evaluated to
ensure the cargo tank motor vehicle
operates properly. Therefore, to increase
safety and align with CGA C–6, PHMSA
proposes to add bulges in the list of
defects in the introductory title to
paragraph (b) and in paragraph (b)(1).
Paragraph (g) specifies that any tank
that fails to meet pressure test
requirements must be properly repaired.
As a minor editorial amendment, in the
introductory text, PHMSA proposes to
add the word ‘‘cargo’’ to clarify the
testing is for the ‘‘cargo tank.’’
Lastly, PHMSA proposes to add
paragraph (h) to specify when a cargo
tank motor vehicle must be removed
from service and how that removal must
be communicated to the cargo tank
motor vehicle owner. This proposed
language specifies that if a Registered
Inspector determines the cargo tank
motor vehicle does not meet the
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applicable design specification, it may
not be represented as a DOT
specification cargo tank motor vehicle.
Furthermore, the cargo tank motor
vehicle must be removed from service
until it is in compliance with the
specification requirements and has been
successfully tested and inspected as
required by § 180.407(c). This aligns
with current regulatory requirements,
but provides additional clarity,
specifically for scenarios where a nonconforming cargo tank motor vehicle
may not be marked as a DOT
specification cargo tank until it has been
repaired and can pass the appropriate
§ 180.407(c) test and inspections.
Therefore, PHMSA expects this
proposal to increase safety and ensure
cargo tank motor vehicles are removed
from hazardous materials service when
they do not conform to the HMR.
Section 180.413
Section 180.413 specifies
requirements for the repair,
modification, stretching, rebarrelling, or
mounting of specification cargo tanks.
Paragraph (b)(6) requires that MC 330
and MC 331 cargo tanks must be
repaired in accordance with CGA
Technical Bulletin TB–2 and the
National Board Inspection Code.
PHMSA proposes to update the IBR of
CGA Technical Bulletin TB–2 to CGA
Technical Bulletin P26 (formerly TB–2)
in § 171.8. See ‘‘Section IV. Section-bySection Review; Part 171; Section
171.7’’ for a discussion on the proposed
change to this IBR. Therefore, PHMSA
proposes to revise the name of the CGA
Technical Bulletin in this paragraph.
Section 180.415
This section includes requirements
for test and inspection markings for
cargo tanks and cargo tank motor
vehicles. Paragraph (b) details cargo
tank marking requirements after
completion of a test or inspection.
PHMSA proposes to require that after a
test or inspection, the cargo tank facility
mark their cargo tank registration
number on the cargo tank. As proposed,
this marking must be placed
immediately adjacent to other required
markings and does not need to be
replicated if the registration number is
already marked on the cargo tank.
FMCSA identified some cargo tanks that
display current test or inspection
markings but found safety concerns
with the cargo tank. However, without
the cargo tank registration number
marked on the cargo tank, it is difficult
to trace those safety concerns back to
the testing and inspection facility who
repaired, tested, or inspected the cargo
tank. PHMSA and FMCSA expect that
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having the cargo tank facility’s
registration number marked on the cargo
tank will also aid in correcting
noncompliance and increase the safety
of cargo tank motor vehicles being
operated on the highway.
Section 180.416
This section specifies inspection and
maintenance requirements of discharge
systems for cargo tanks transporting
liquefied compressed gases. Paragraph
(a) details the applicability of § 180.416.
PHMSA proposes to revise editorially
‘‘nonspecification cargo tanks’’ to ‘‘nonspecification cargo tank motor
vehicles,’’ which aligns with other
references to these cargo tank motor
vehicles in the HMR.
Paragraph (b) details hose
identification requirements. PHMSA
proposes to remove the compliance date
of July 1, 2000, as this date has passed,
and all hoses are now subject to this
requirement. This editorial revision
helps to provide regulatory clarity and
increase safety.
Paragraph (c) states the operator of a
cargo tank motor vehicle must visually
check that portion of the hose assembly
that has been deployed during
unloading. PHMSA proposes to specify
that the rejection criteria in § 180.416(g)
should be used when an operator
visually checks the portion of the
delivery hose assembly that was
deployed during the unloading process.
While not currently specified in
paragraph (c), the rejection criteria in
§ 180.416(g) applies to hose assemblies;
therefore, this proposal provides clarity
and aids in additional regulatory
compliance. Ultimately, PHMSA
expects this proposal will increase
safety.
Paragraph (f) specifies requirements
for new or repaired delivery hose
assemblies and PHMSA proposes minor
editorial amendments, with paragraph
(f)(3) specifying record requirements
following the test and inspection.
PHMSA proposes to revise the
introductory text of paragraph (f) to
specify the requirements apply to a
‘‘cargo tank motor vehicle’’ instead of a
‘‘cargo tank.’’ PHMSA also proposes to
remove the compliance date of July 1,
2000, in paragraph (f)(3), as this date has
passed. Both of these proposed editorial
amendments align with other proposals
and provide regulatory clarity, which is
anticipated to increase safety.
Section 180.501
Section 180.501 contains the general
requirements for continued use of tank
cars. In this NPRM, PHMSA proposes to
replace the phrase ‘‘owner’s
qualification program’’ with ‘‘owner’s
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qualification and maintenance program’’
similar to other references to the
owner’s qualification and maintenance
program in §§ 179.7, 180.503, and
180.513. The intent of this change is to
maintain consistency and clarity within
the HMR, and to ensure there is no
confusion over the scope of part 180,
subpart F, titled ‘‘Qualification and
Maintenance of Tank Cars.’’
Section 180.503
Section 180.503 contains definitions
relevant to the qualification and
maintenance of tank cars. PHMSA
proposes to revise the definitions of
coating/lining owner, service equipment
owner and tank car owner, to convey
more clearly and accurately the
intended application of these
definitions in part 180 subpart F. These
definitions are revised as ‘‘the person
responsible for the development or
approval, and execution of the
qualification and maintenance program’’
for the coating/lining, service
equipment, or tank car owner, as
appropriate. This change identifies the
responsible parties more accurately
throughout subpart F, particularly by
removing confusion about financial
responsibility that can arise with
complex multi-dimensional business
arrangements, agreements, contracts,
and organization. This proposed change
was approved by HMIWG during the
January 10–11, 2017 meeting. The
proposed language was approved by
consensus vote at the May 25, 2017,
RSAC meeting and offered to PHMSA
and FRA for consideration.
PHMSA also proposes to amend the
following definitions:
• Maintenance: PHMSA proposes to
remove ‘‘upkeep, or preservation’’ from
the definition of maintenance and
replace it with ‘‘performance of
functions.’’ PHMSA and FRA consider
‘‘upkeep’’ and ‘‘preservation’’ too vague
to be useful, especially for service
equipment. Maintenance of service
equipment that triggers qualification is
an activity that meets the conditions
requiring a leakage pressure test in
accordance with § 180.509(j) (e.g.,
breaking the seal between the service
equipment and the tank car tank).
Actions on service equipment that don’t
require the service equipment to be
removed from the tank do not meet the
definition of maintenance and don’t
trigger qualification, unless the owner’s
qualification and maintenance program
specifically requires qualification after
certain activities. See ‘‘Section II.B.4.
Tank Car Facility Definition’’ for
additional information. Lastly, PHMSA
proposes to revise ‘‘proper’’ to
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85643
‘‘appropriate’’ as an editorial
amendment.
• Modification: PHMSA proposes to
replace ‘‘certificate of construction’’
with ‘‘design approval certificate’’ for
tank cars constructed after the effective
date of a final rule. Tank cars
constructed under AAR-approved
certificates of construction must receive
DCE approval for any modification. See
‘‘Section II.B.2. Tank Car Design
Approval’’ for additional information.
• Qualification: PHMSA proposes to
replace the phrase ‘‘applicable
requirements of the AAR Specifications
for Tank Cars (IBR, see § 171.7 of this
subchapter)’’ with ‘‘approved design.’’
This amendment conforms to PHMSA’s
proposal to remove AAR approval
requirements.
• Service equipment: PHMSA
proposes to revise this definition to
align with the current industry standard
and is intended to provide more clarity
than the current definition. Service
equipment is pressure or lading
retaining equipment and therefore
performs a critical safety function. See
‘‘Section II.B.4. Tank Car Facility
Definition’’ for additional information
related to entities who operate and
qualify service equipment. PHMSA and
FRA emphasize that service equipment
must continue to be included in the
tank car owner’s qualification and
maintenance plan.
Section 180.509
Section 180.509 details requirements
for inspection and testing of
specification tank cars. Paragraph (i)(1)
requires inspections of tank car internal
linings and coatings used to transport a
material that is corrosive or reactive to
the tank car. PHMSA proposes to revise
paragraph (i)(1) to indicate more clearly
that the inspection requirements only
apply to those linings and coatings used
to protect the tank from corrosion or
reactivity.
Paragraph (k)(2) contains qualification
requirements for service equipment.
PHMSA proposes to remove the phrase
‘‘[e]ach tank car facility must qualify’’
from § 180.509(k) because PHMSA does
not require tank car facilities to qualify
service equipment. Additionally,
PHMSA proposes to replace ‘‘qualified
in accordance with’’ with ‘‘must
conform to’’ as an amendment to better
align the paragraph with the definition
of ‘‘tank car facility’’ being proposed in
this rulemaking. See ‘‘Section II.B.4.
Tank Car Facility Definition’’ for
additional information.
Section 180.513
This section includes requirements
for repairs, alterations, conversions, and
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modifications of tank cars, with
paragraph (b) specifying the
responsibilities of a tank car facility.
PHMSA proposes to revise paragraph (b)
editorially to replace ‘‘Quality
Assurance Program’’ with ‘‘qualification
and maintenance program.’’ This
proposal clarifies the tank car owner’s
responsibility to provide tank car
facilities with qualification and
maintenance information. See ‘‘Section
II.B.8. Editorial Revision to §§ 180.501
and 180.513’’ for additional
information.
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Section 180.517
Section 180.517 contains reporting
and record retention requirements for
tank car qualification. PHMSA proposes
to remove reference to the ‘‘certification
of construction’’ and replace it with the
proposed ‘‘Design Approval Certificate’’
for tank cars constructed after the
effective date of a final rule. See
‘‘Section IV. Section-by-Section Review;
Part 179; Section 179.5’’ for more
information. Tank cars constructed with
AAR-approved certificates of
construction will remain subject to the
same recordkeeping requirements for
the rest of their service lives. In
paragraph (a), PHMSA also proposes to
replace references to the builder of the
car with references to the tank car
facility, replace references to the
certificate of construction with
references to qualification reports, and
add a reference to paragraph
179.7(b)(12). The revisions to paragraph
(a) are intended to accommodate the
proposed replacement of AAR TCC
approval with tank car DCE approval of
tank car and service equipment designs.
We propose to replace the phrase
‘‘related papers’’ with ‘‘related
qualification reports,’’ to clarify that we
expect tank car owners to retain the
reports issued by tank car facilities at
the time of manufacture and
maintenance qualification.
Additionally, PHMSA proposes to add a
requirement to record the tank car
facilities’ registration number on the
inspection and test report in new
paragraph (b)(9).
Appendix D to Part 180
This appendix discusses materials
considered corrosive to the tank or
service equipment. PHMSA proposes to
remove reference to the AAR TCC from
the second paragraph, in conformance
with the proposal to replace AAR TCC
approval with tank car DCE approval.
Therefore, PHMSA proposes to state
that the list in Appendix D may be
modified based on an analysis of the test
results by the car owner or the
Department of Transportation.
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V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the
authority of Federal Hazardous
Materials Transportation Act (HMTA;
49 U.S.C. 5101–5127). Section 5103(b)
of the HMTA authorizes the Secretary of
Transportation to ‘‘prescribe regulations
for the safe transportation, including
security, of hazardous materials in
intrastate, interstate, and foreign
commerce.’’ The Secretary has delegated
the authority granted in the HMTA to
the PHMSA Administrator at 49 CFR
1.97(b).
B. Executive Order 12866, 14094, and
DOT Regulatory Policies and Procedures
Executive Order 12866 (‘‘Regulatory
Planning and Review’’) 59 as amended
by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),60
requires that agencies ‘‘should assess all
costs and benefits of available regulatory
alternatives, including the alternative of
not regulating.’’ Agencies should
consider quantifiable measures and
qualitative measures of costs and
benefits that are difficult to quantify.
Further, Executive Order 12866 requires
that ‘‘agencies should select those
[regulatory] approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity), unless
a statute requires another regulatory
approach.’’ Similarly, DOT Order
2100.6A (‘‘Rulemaking and Guidance
Procedures’’) requires that regulations
issued by PHMSA, and other DOT
Operating Administrations should
consider an assessment of the potential
benefits, costs, and other important
impacts of the proposed action and
should quantify (to the extent
practicable) the benefits, costs, and any
significant distributional impacts,
including any environmental impacts.
Executive Order 12866 and DOT
Order 2100.6A require that PHMSA
submit ‘‘significant regulatory actions’’
to the Office of Management and Budget
(OMB) for review. This rulemaking is
not considered a significant regulatory
action under section 3(f) of Executive
Order 12866 (as amended) and,
therefore, was not formally reviewed by
OMB. A PRIA with estimates of the
costs and benefits of the rulemaking is
available in the docket.
PHMSA solicits comment on this
analysis. Overall, the issues discussed
in this rulemaking promote the
continued safe transportation of
59 58
60 88
PO 00000
FR 51735 (Oct. 4, 1993).
FR 21879 (Apr. 11, 2023).
Frm 00056
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Sfmt 4702
hazardous materials while producing a
net cost savings. Cost savings are
derived from certain modal specific
provisions, including expanding
allowance of UN ID number marking on
cargo tank motor vehicles that transport
different petroleum distillate fuels
within the same day and reduction in
the number of anticipated OTMAs for
rail tank cars.
Based on the discussions of benefits
and costs provided above, PHMSA
estimates annualized net benefits at a
two percent discount rate of
approximately $97.3 million per year.
Details on the estimated costs, cost
savings, and benefits of this rulemakings
can be found in the PRIA, which is
available in the public docket.
C. Executive Order 13132
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria in Executive Order 13132
(‘‘Federalism’’) 61 and the Presidential
Memorandum (‘‘Preemption’’) that was
published in the Federal Register on
May 22, 2009.62 Executive Order 13132
requires agencies to assure meaningful
and timely input by state and local
officials in the development of
regulatory policies that may have
‘‘substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.’’
This rulemaking may preempt state,
local, and Native American tribe
requirements, but does not propose any
regulation that has substantial direct
effects on the states, the relationship
between the national government and
the states, or the distribution of power
and responsibilities among the various
levels of government.
The Federal Hazmat Law contains an
express preemption provision, 49 U.S.C.
5125 (b), that preempts state, local, and
tribal requirements on certain covered
subjects, unless the non-federal
requirements are ‘‘substantively the
same’’ as the federal requirements,
including:
(1) Designation, description, and
classification of hazardous materials;
(2) Packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(3) Preparation, execution, and use of
shipping documents related to
hazardous materials and requirements
related to the number, contents, and
placement of those documents;
61 64
62 74
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FR 24693 (May 22, 2009).
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(4) Written notification, recording,
and reporting of the unintentional
release in transportation of hazardous
material; and
(5) Design, manufacture, fabrication,
marking, maintenance, recondition,
repair, or testing of a packaging or
container represented, marked, certified,
or sold as qualified for use in
transporting hazardous material.
This rule addresses subject items (3)
and (5) above, which are covered
subjects, and, therefore, non-federal
requirements that fail to meet the
‘‘substantively the same’’ standard are
vulnerable to preemption under the
Federal Hazmat Law. Moreover, PHMSA
will continue to make preemption
determinations applicable to specific
non-federal requirements on a case-bycase basis, using the obstacle, dual
compliance, and covered subjects tests
provided in Federal Hazmat Law.
This rule also incorporates certain
FRA requirements under the former
Federal Railroad Safety Act of 1970, as
repealed, revised, reenacted, and
recodified (FRSA; 49 U.S.C. 20106), and
the former Safety Appliance Acts, as
repealed, revised, reenacted, and
recodified (SAA; 49 U.S.C. 20301–
20302, 20306) that may potentially
preempt certain state requirements.
Such FRSA and SAA requirements
would apply to transportation by rail.
D. Executive Order 13175
PHMSA analyzed this rulemaking in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 63
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Executive
Order 13175 and DOT Order 5301.1
requires DOT Operating
Administrations to assure meaningful
and timely input from Native American
tribal government representatives in the
development of rules that significantly
or uniquely affect tribal communities by
imposing ‘‘substantial direct compliance
costs’’ or ‘‘substantial direct effects’’ on
such communities or the relationship
and distribution of power between the
federal government and Native
American tribes. Because this
rulemaking does not have Native
American tribal implications, and does
not impose substantial direct
compliance costs, the funding and
consultation requirements of Executive
Order 13175 do not apply. However,
PHMSA solicits comments from Native
American tribal governments and
63 65
FR 67249 (Nov. 6, 2000).
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communities on potential impacts of
this proposed rulemaking.
E. Regulatory Flexibility Act and
Executive Order 13272
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires agencies to
consider whether a rulemaking would
have a ‘‘significant economic impact on
a substantial number of small entities’’
to include small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000. The
Regulatory Flexibility Act directs
agencies to establish exceptions and
differing compliance standards for small
businesses, where possible to do so and
still meet the objectives of applicable
regulatory statutes. Executive Order
13272 (‘‘Proper Consideration of Small
Entities in Agency Rulemaking’’) 64
requires agencies to establish
procedures and policies to promote
compliance with the Regulatory
Flexibility Act and to ‘‘thoroughly
review draft rules to assess and take
appropriate account of the potential
impact’’ of the rules on small
businesses, governmental jurisdictions,
and small organizations. The DOT posts
its implementing guidance on a
dedicated web page.65
This rulemaking has been developed
in accordance with Executive Order
13272 and DOT’s procedures and
policies to promote compliance with the
Regulatory Flexibility Act to ensure that
potential impacts of draft rules on small
entities are properly considered.
PHMSA has developed an initial
regulatory flexibility analysis (IRFA),
which is included in the docket. As
detailed in the IRFA, the impact of this
rulemaking on small business is not
expected to be significant. The proposed
changes are generally intended to
provide regulatory flexibility and cost
savings to industry members, while
increasing safety. However, PHMSA
solicits comment on the anticipated
economic impacts to small entities and
the IRFA.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), no
person is required to respond to any
information collection unless it has
been approved by OMB and displays a
valid OMB control number. Pursuant to
44 U.S.C 3506(c)(2)(B) and 5 CFR
64 67
FR 53461 (Aug. 16, 2002).
‘‘Rulemaking Requirements Related to
Small Entities,’’ https://www.transportation.gov/
regulations/rulemaking-requirements-concerningsmall-entities (last visited Jun. 17, 2021).
65 DOT,
PO 00000
Frm 00057
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85645
1320.8(d), PHMSA must provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests.
PHMSA has analyzed this NPRM in
accordance with the Paperwork
Reduction Act. PHMSA proposes to
revise the approved information
collections under the following OMB
Control Numbers: OMB Control No.
2137–0014, ‘‘Cargo Tank Specification
Requirements;’’ OMB Control No. 2137–
0559, ‘‘Rail Carrier and Tank Car Tanks
Requirements, Rail Tank Car Tanks—
Transportation of Hazardous Materials
by Rail;’’ and OMB Control No. 2137–
0612 ‘‘Hazardous Materials Security
Plans.’’
OMB Control No. 2137–0014, ‘‘Cargo
Tank Specification Requirements’’
PHMSA estimates that this
rulemaking will result in an increase in
burden due to the proposed
requirements in § 180.407(f)(2) for a
cargo tank owner to provide paperwork
to the Registered Inspector prior to
lining inspection and § 180.415(b) for an
inspector or tester to mark the cargo
tank with their registration number. A
total overview of the proposed changes
in this OMB Control Number are
detailed in the table below.
For the proposed requirement in
§ 180.407(f)(2) for a cargo tank owner to
provide paperwork to the Registered
Inspector for lining inspection, PHMSA
estimates 1,333 cargo tank owners will
provide paperwork for approximately 60
cargo tanks per year. It is estimated to
take five minutes per response, for a
total of 6,665 annual burden hours.
PHMSA does not estimate that there are
any out-of-pocket expenses.
The new proposed requirement in
§ 180.415(b) for a cargo tank inspector to
mark the cargo tank with their
registration number is expected to
increase information collection burden.
PHMSA estimates 3,400 cargo tank
inspectors will mark each cargo tank
approximately 61 times per year. The
marking is anticipated to take five
minutes per inspection, resulting in a
total of 17,283 annual burden hours.
PHMSA does not estimate any out-ofpocket expenses. PHMSA notes that
after the first year of this requirement,
there will be a significant reduction in
this burden as the registration number
does not need to be remarked on the
cargo tank if it is being tested and
inspected at the same location.
Therefore, PHMSA plans to update this
burden one year after the effective date
of this rulemaking.
Lastly, PHMSA acknowledges that
there are proposed amendments that
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impact the burden but are not included
in this estimate. PHMSA does not
estimate a significant change in the
current burden due to the proposed
changes to cargo tank registration
including requiring an email address on
the registration statement, providing for
online submission, and expanding the
types of certificates that must be
Information collection details
provided in an application.
Additionally, PHMSA does not expect
that there will be more than ten
respondents who will submit a written
response, request for reconsideration, or
request appeal following the
modification, suspension, or
termination of their cargo tank
registration. PHMSA and FMCSA also
Increase in
number of
respondents
Obtain and Provide Paperwork for Lining
Inspection—§ 180.407(f)(2) ..................
Registration Number on Cargo Tank—
§ 180.415(b) ..........................................
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Annual Increase in Number of
Respondents: 4,733.
Annual Increase in Number of
Responses: 287,380.
Annual Increase in Burden Hours:
23,948.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137–0559, ‘‘Rail
Carrier and Tank Car Tanks
Requirements, Rail Tank Car Tanks—
Transportation of Hazardous Materials
by Rail’’
PHMSA estimates that this
rulemaking will result in an increase in
burden due to various tank car proposed
changes, including: new tank car facility
and DCE registration, including
reporting and recordkeeping
requirements; development of
procedures for closing and securing all
openings on tank cars; record
requirements for a tank car being held
more than 48 hours; OTMA
recordkeeping requirements; DCE
written procedures to verify compliance
of tank cars; and requirement for the
DCE to provide a DAC to the tank car
or service equipment owner. However,
this rulemaking will also lead to a
decrease in burden, particularly in the
removal of AAR reporting to Bureau of
Explosives under § 174.20 and
reduction in the number of OTMA
applications under § 174.50. A total
overview of the proposed changes in
this OMB Control Number are detailed
in the below table.
PHMSA estimates that 280 tank car
facilities will register for the proposed
new tank car facility registration
requirements in § 107.905. Each
registration is anticipated to take two
hours, for a total of 560 annual burden
hours. PHMSA does not estimate that
there are any out-of-pocket expenses
associated with this information
collection.
PHMSA estimates that 25 DCEs will
register under the proposed new
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Response per
respondent
Increase in
number of
responses
Minutes per
response
Increase in
annual burden
hours
Increase in
annual burden
costs
1,333
60
79,980
5
6,665
$0
3,400
61
207,400
5
17,283
0
requirement in § 107.907 for DCE
registration. Each registration is
anticipated to take two hours to
complete, for a total of 50 annual
burden hours. PHMSA does not
estimate any out-of-pocket expenses
associated with this information
collection.
For both tank car facility and DCE
registration, PHMSA does estimate that
this number will significantly reduce
after the first year of initial tank car
facility and DCE registration. However,
after the first initial registration period,
PHMSA estimates there will be a burden
associated with registration renewal and
updating the requirements in
§§ 107.909(c) and 107.909(d). As tank
car facility and DCE registration are new
requirements, PHMSA does not estimate
the renewal and updating requirements
in the first year. However, PHMSA
plans to estimate that to renew or
update a tank car facility or DCE
registration, it will take approximately
30 minutes to complete. One year after
the effective date of this rulemaking,
PHMSA will update the burden for
initial registration and renewal and
updating a registration.
PHMSA also estimates an increase in
burden based on tank car facility and
DCE registration recordkeeping
proposed requirements in § 107.909(e).
PHMSA estimates that most of the
requests for a registration copy will
occur during FRA inspections, which
occur approximately 45 times per year.
It is anticipated that it will take five
minutes to produce the paperwork,
resulting in total of approximately four
annual burdens hours. PHMSA does not
estimate any out-of-pocket expenses.
Additionally, PHMSA proposes
requirements for the modification,
suspension, and termination of tank
cargo facility and DCE registrations,
including provisions for registrants to
submit a written response, request for
PO 00000
expect that there will not be more than
ten respondents per year who will
replace a missing specification plate and
prepare and maintain paperwork, as
proposed in new § 180.503(b)(3).
Therefore, PHMSA is not including a
new information collection for this
requirement.
Frm 00058
Fmt 4701
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reconsideration, and appeal of the
decision. However, PHMSA has not
estimated this burden, as PHMSA
estimates that there will be less than ten
registrants per year who may choose to
respond, request reconsideration, or
appeal their modification, suspension,
and termination of their registration.
PHMSA proposes to revise the
approval process in § 173.31(a)(2) from
AAR approval to DCE approval.
Accordingly, PHMSA will revise the
name of the information collection from
‘‘AAR Approval Required when a Tank
Car is Proposed for Commodity Service
other than Specified on a Certificate of
Construction’’ to ‘‘DCE Approval when
a Tank Car Carries a Commodity other
than Specified on a Certificate of
Construction or DAC.’’ However,
PHMSA does not expect a change in the
burden associated with this collection
because the required information for the
change request does not change; only
the approval entity is proposed to be
changed.
PHMSA proposes to revise
§ 173.31(d)(1) to require written
procedures for closure and securement
of all openings on a tank car prior to
shipment. PHMSA estimates that there
are 4,619 tank car offerors who will be
subject to this requirement. PHMSA
estimates that 95 percent of these
offerors already have some form of
procedures and thus the burden to
review and update these procedures is
limited to 16 hours resulting in a total
of 70,209 annual burden hours. The
other five percent of offerors will need
to create new procedures, which is
estimated to take 40 hours to develop,
resulting in a total of 9,238 annual
burden hours. Therefore, PHMSA
estimates that there will be an increase
of 79,447 total burden hours for this
new requirement. PHMSA does not
estimate any out-of-pocket expenses.
Following the initial year of this
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rulemaking, PHMSA estimates that the
burdens associated with developing
these procedures will be significantly
reduced, as only new tank car offerors
will be subject to this requirement.
Additionally, after the first year,
PHMSA estimates that there will be a
new burden for existing offerors to
update their written procedures.
PHMSA estimates that five percent of
tank car offerors will take eight hours to
update the procedures on an annual
basis. PHMSA plans to add this burden
after the rulemaking has been effective
for one year.
PHMSA proposes a new requirement
in § 174.14(a) to create a record when a
tank car is being held beyond 48 hours.
PHMSA estimates that there are 100
railroads who create this record 100
times per year. Each record takes
approximately five seconds, resulting in
a total of 14 annual burden hours.
PHMSA does not estimate any out-ofpocket expenses.
PHMSA proposes to remove
§ 174.20(b), which requires reporting to
the AAR Bureau of Explosives regarding
any restrictions over any portion of its
lines. PHMSA currently accounts for 34
offerors submitting 1.5 reports a year.
Each report takes 20 minutes resulting
in a reduction of 17 hours of annual
burden.
PHMSA proposes to revise § 174.50
for OTMA requirements, including
adding exceptions from needing an
OTMA. Because of these reductions,
PHMSA estimates a reduction of
approximately three OTMA per year for
each applicant for a total reduction of
575 OTMAs per year. As each
application takes approximately 24
minutes to complete an OTMA, this
revision results in an estimated
reduction of 202 annual burden hours.
PHMSA does not estimate any out-ofpocket expenses.
In § 174.50(d), PHMSA proposes to
specify recordkeeping requirements for
OTMAs. PHMSA estimates that these
recordkeeping requests, which will
mostly be through enforcement requests,
occur 56 times per year. It takes
approximately five minutes to produce
the OTMA documentation, for a total of
five annual burden hours. PHMSA does
not estimate any out-of-pocket expenses.
PHMSA proposes a new requirement
in § 179.3(b) for a DCE to develop
Change in
number of
respondents
Information collection request
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Tank Car Facility Registration—§ 107.905 ..........................
DCE Registration—§ 107.907 ..............................................
Tank Car Facility & DCE Registration Record Retention—
§ 107.909(e) ......................................................................
Tank Car Tank Car Facility & DCE Registration—Renew
or Update Registration—§ 107.909(e) ..............................
DCE Approval when a Tank Car Carries a Commodity
other than Specified on a Certificate of Construction or
DAC—§ 173.31(a)(2) ........................................................
Procedures for Closing and Securing All Openings on a
Tank Car—§ 173.31(d)(1)—NEW .....................................
Procedures for Closing and Securing All Openings on a
Tank Car—§ 173.31(d)(1)—UPDATES ............................
Record Required for Car Being Held—§ 174.14(a) .............
Reporting to the Bureau of Explosives Regarding any Restrictions Over Any Portion of its Lines—§ 174.20(b) ......
OTMA Application—§ 174.50(c) ...........................................
OTMA Documentation—§ 174.50(d) ....................................
DCE Written Procedure to Verify Compliance—§ 179.3(b)
DCE Providing DAC Requirements—§§ 179.3(d), 179.5 ....
Annual Increase in Number of
Respondents: 5,318.
Annual Increase in Number of
Responses: 15,005.
Annual Increase in Burden Hours:
83,634.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137–0612,
‘‘Hazardous Materials Security Plans’’
PHMSA estimates this rulemaking
will result in a change in the current
estimated burden based on the new
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Change in
total
burden
hours
Change in
annual
burden
costs
Responses
per
respondent
Change in
number of
responses
280
25
1
1
280
25
2 hours
2 hours
560
50
$0
0
45
1
45
5 minutes
4
0
0
0
0
30 minutes
0
0
0
48
0
10 minutes
0
0
4,619
1
4,619
16 hours
70,280
0
231
100
1
100
231
10,000
40 hours
5 seconds
9,240
14
....................
0
¥34
¥54
56
25
25
1.5
9
1
1
14
¥51
¥575
56
25
350
20 minutes
24 minutes
5 minutes
8 hours
10 hours
¥17
¥202
5
200
3,500
0
0
0
0
0
exception from alternate route analysis.
Specifically, PHMSA proposes to add
§ 172.820(d)(3) to provide an exception
where no alternate route exists. PHMSA
estimates that approximately 10 percent
of Class II and III railroad routes will no
longer have to develop alternate route
analysis. This leads to a reduction of
1,400 total burden hours for both Class
II and III railroads. However,
§ 172.820(d)(3) requires that to take the
alternate route analysis exception, the
railroad must develop remediation or
PO 00000
written procedures to verify compliance
with tank car design. PHMSA estimates
that it takes eight hours for each of the
25 DCEs to develop written procedures,
resulting in a total of 200 annual burden
hours. PHMSA does not estimate any
out-of-pocket expenses. Furthermore, as
this is a one-time requirement, PHMSA
plans to reduce this information
collection one year after the effective
date of this rulemaking.
Lastly, PHMSA proposes a
recordkeeping requirement in
§§ 179.3(d) and 179.5 that the DCE
provide a copy of the DAC to the tank
car or service equipment owner
following approval. PHMSA estimates
that the 25 DCEs will review and
approve approximately 14 tank cars or
service equipment designs per year,
resulting in a total of 350 DACs
produced. PHMSA estimates it will take
10 hours to develop the DAC resulting
in 3,500 annual burden hours. PHMSA
estimates that there are no out-of-pocket
expenses for development of the DAC.
The following table outlines the total
change in information collection
burden:
Fmt 4701
Sfmt 4702
Time per
response
mitigation measures and certify that no
alternative route exists. Therefore,
PHMSA estimates that there will be 132
railroads (32 Class II and 100 Class III
railroads), with 47 routes where no
alternate route exists. PHMSA estimates
it will take 30 minutes to develop the
written measures and certification and
this new requirement will result in a
total of 24 annual burden hours.
Because there is no change in the
number of Class II and III railroads who
are subject to alternate route analysis
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requirements, there is an increase in
respondents and responses, but there is
an overall decrease in burden hours and
Information collection details—alternate
route analysis—§ 172.820(d)
salary costs. The below table details the
estimated change in burden associated
Change in
number of
railroads
Class II Railroads .....................................
Class III Railroads ....................................
Where No Practicable Route Exists ........
0
0
132
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Annual Increase in Number of
Respondents: 132.
Annual Increase in Number of
Responses: 32.
Annual Decrease in Burden Hours:
1,376.
Annual Decrease in Burden Costs: $0.
PHMSA requests comments on any
information collection and
recordkeeping burden associated with
the proposed changes under this
rulemaking. Address written comments
to the DOT Dockets Operations Office as
identified in the ADDRESSES section of
this rulemaking. Comments regarding
information collection burdens must be
received prior to the close of the
comment period identified in the DATES
section of this rulemaking. Requests for
a copy of this information collection
should be directed to Steven Andrews
or Glenn Foster, 202–366–8553,
OHMSPRA@dot.gov, Standards and
Rulemaking Division (PHH–10),
Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001. If these proposed requirements are
adopted in a final rule, PHMSA will
submit the revised information
collection and recordkeeping
requirements to OMB for approval.
G. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA; 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of
federal regulatory action on state, local,
or tribal governments, and the private
sector. For any NPRM or final rule that
includes a federal mandate that may
result in the expenditure by state, local,
and tribal governments, or by the
private sector of $100 million or more
in 1996 dollars in any given year, an
agency must prepare, amongst other
things, a written statement that
qualitatively and quantitatively assesses
the costs and benefits of the federal
mandate.
This proposed rulemaking does not
impose unfunded mandates under
URMA. As explained in the PRIA, it is
not expected to result in costs of $100
million or more in 1996 dollars on
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Change in
number of
routes per
railroad
Change in
number of
routes
¥0.3
¥0.05
0.35
H. Draft Environmental Assessment
The National Environmental Policy
Act of 1969 (NEPA; 42 U.S.C. 4321 et
seq), requires that federal agencies
analyze proposed actions to determine
whether the action will have a
significant impact on the human
environment. When the effects of a
proposed action are unknown, CEQ
implementing regulations (40 CFR
1500–1508) require federal agencies to
conduct an environmental review and
prepare an environmental assessment to
consider (1) the need for the proposed
action, (2) alternatives to the action, (3)
probable environmental impacts of the
action and alternatives, and (4) the
agencies and persons consulted during
the consideration process. DOT Order
5610.1C (‘‘Procedures for Considering
Environmental Impacts’’) establishes
DOT procedures for evaluation of
environmental impacts under NEPA and
its implementing regulations.
1. Need for the Action
This NPRM would amend the HMR to
revise provisions specific to the
highway, rail, and vessel transportation
of hazardous materials. This proposed
action is necessary to increase
regulatory clarity and consistency,
update requirements to reflect changing
conditions and trends, and improve the
safe transportation of hazardous
materials.
2. Alternatives
In proposing this rulemaking, PHMSA
considered the following alternatives:
No Action Alternative
If PHMSA were to select the No
Action Alternative, current regulations
would remain in place and no new
provisions would be amended or added.
Proposed Action Alternative
The proposed alternative for this
NPRM includes adoption of RSAC
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Burden hours
per route
¥10
¥5
47
either state, local, or tribal governments,
in the aggregate, or to the private sector
in any one year, and is the least
burdensome alternative that achieves
the objective of the rule.
PO 00000
with this new exception. PHMSA does
not estimate any out-of-pocket expenses.
120
40
0.5
Change in
total burden
hours
Change in
total burden
cost
¥1,200
¥200
24
$0
0
0
proposals for rail transportation,
revision to the approval process for tank
car designs and QAPs, miscellaneous
amendments to highway cargo tank
specification and requalification
requirements, and an amendment to
cargo tank marking requirements for the
transportation of petroleum distillate
fuels that will be discussed in further
detail below.
This alternative is the current
proposal as it appears in this NPRM,
applying to the transportation of
hazardous materials by highway, rail,
and vessel. The proposed amendments
included in this alternative are more
fully described in the preamble and
regulatory text sections of this NPRM.
3. Reasonably Foreseeable
Environmental Impacts of the
Alternatives
No Action Alternative
The No Action Alternative would not
adopt enhanced and clarified regulatory
requirements expected to maintain or
increase the high level of safety in
transportation of hazardous materials
provided by the HMR. For example,
creation of reliable and repeatable
closure instructions for tank cars in
§ 173.31 is intended to decrease the
number of leaking or improperly closed
tank cars entering transportation, which
will decrease the quantity of hazardous
materials released into the environment.
Not adopting the proposed
environmental and safety requirements
in the NPRM under the No Action
Alternative would result in a lost
opportunity for reducing safety-related
incidents.
If PHMSA were to select the No
Action Alternative, the HMR would
remain unchanged, and no new
provisions would be amended or added.
Additionally, any economic benefits
and additional regulatory clarity gained
through these amendments would not
be realized.
Proposed Alternative
The changes under the Proposed
Action Alternative will maintain or
increase the high safety standards
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currently achieved under the HMR. The
following details significant proposed
amendments and their impact:
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1. Adoption of Rail Safety Advisory
Committee (RSAC) Proposals for Rail
Transportation
Adoption of RSAC proposals includes
updating the IBR edition of the AAR
Specifications for Tank Cars to the 2014
edition from the 2000 edition; creating
closure instruction requirements for
tank car offerors; codifying longstanding FRA guidance on OTMAs; and
revising tank car use requirements
found in part 174 to reflect the current
industry best practices in tank car
loading and unloading.
The RSAC proposals are designed to
improve regulatory clarity, and therefore
encourage compliance with the
requirements of the HMR. Creation of
closure instruction requirements for
tanks cars will decrease the number of
non-compliant tank cars offered for
transportation and the number of nonaccidental releases of hazardous
materials. Based on a review of nonaccident release data, PHMSA and FRA
estimate that the implementation of the
closure instruction requirement could
reduce the number of non-accidental
releases by 15 percent, primarily by
reducing releases associated with
improperly closed hinged-and-bolted
manways. Codifying FRA’s One Time
Movement Approval procedures in the
HMR will have no impact on releases of
hazardous materials to the environment,
because these procedures are already in
place as FRA policy. Revisions to part
174, including clarification of the
applicability of the term ‘‘residue’’ for
tank cars in § 174.58, authorizing
additional types of packages for COFC/
TOFC service without FRA approval in
§ 174.63, and revising transloading
requirements in § 174.67 are intended to
remove unnecessarily prescriptive and
outmoded requirements and replace
them with performance based standards
that maintain the current level of safety.
PHMSA and FRA do not anticipate any
increase in the release of hazardous
materials or other negative
environmental impacts from these
changes. Increased compliance with the
HMR’s requirements for hazardous
materials containment in particular
through proper closure instructions and
transloading procedures, decreases the
release of hazardous materials to the
environment and improve the ability of
emergency responders to appropriately
respond to accidents and incidents
involving hazardous materials in
transportation.
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Greenhouse gas emissions would
remain the same under this proposed
amendment.
Based on this analysis adopting RSAC
proposals will have a positive impact on
human health and the environment.
2. Revision to the Approval Process for
Tank Car Designs and Quality
Assurance Programs (QAPs)
PHMSA proposes changes to remove
the role of the AAR TCC in tank car
design approval, to be replaced with
design review by a DCE. This process
will mirror the current procedure for
cargo tank motor vehicles. PHMSA
additionally proposes to remove the role
of the AAR TCC from the approval
process of a tank car facility’s QAP, to
be replaced with a registration
requirement for tank car facilities and
increased governmental oversight.
Finally, PHMSA proposes to revise the
definition of tank car facility to narrow
the scope of the definition to only cover
facilities that qualify tank cars for
service.
PHMSA and FRA anticipate that the
proposal to replace the role of the AAR
TCC with tank car DCEs, registered with
PHMSA and subject to PHMSA and
FRA oversight will ensure at least an
equivalent level of safety oversight due
to improved visibility into the design
approval process. PHMSA and FRA
have limited oversight and control over
the current AAR TCC tank car design
approval and QAP approval process.
The procedures proposed for the design
review in Part 179 are intended to create
an accountable, auditable, criteria-based
tank car design approval system.
Similarly, the tank car facility
registration program is designed to
create increased visibility of tank car
facilities with increased government
oversight through the registration
program, including possible suspension
or termination of a registration.
Therefore, there will be no change to the
suitability of tank car designs, or to the
construction, maintenance, and
qualification of tank cars conducted by
tank car facilities.
PHMSA does not anticipate any
impact to greenhouse gas emissions
under this proposed amendment.
3. Miscellaneous Amendments to
Highway Cargo Tank Specification and
Requalification Requirements
PHMSA proposes to amend a variety
of highway cargo tank specification and
requalification requirements. While a
majority of the intended provisions are
for editorial and regulatory clarity, they
also include the following substantive
revisions:
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• Updating the IBR edition of CGA
P–26 (formerly TB–2) to the 1997
edition;
• Allowing for the use of a Midland
PRD for chlorine gases in cargo tanks
and portable tanks;
• Requiring post-weld heat treatment
on newly manufactured nurse tanks;
• Requiring combustible liquids and
flammable liquids reclassified as
combustible liquids to be bonded and
grounded prior to and during transfer of
lading;
• Allowing the DOT Specification
331 and 338 cargo tank motor vehicle
specification plate to be applied to the
vehicle instead of the rail chassis;
• Ensuring the mechanical means of
remote closure on a cargo tank motor
vehicle is not obstructed;
• Requiring that all equipment and
instruments be calibrated;
• Allowing the use of video camera or
fiber optics equipment for any visual
test or inspection;
• Requiring inspection of all pad
attachments;
• Limiting the need to remove the
upper coupler during inspection; and
• Requiring the cargo tank facility
registration number to be marked on the
cargo tank following inspection.
These highway amendments are
designed to improve regulatory clarity,
and therefore encourage compliance
with the requirements of the HMR. The
HMR’s cargo tank construction,
maintenance, and qualification
regulations have not kept up with
technological changes, e.g., the
availability of small, high quality video
cameras capable of producing images of
the interior of a cargo tank shell
equivalent to human vision. Revising
and updating these cargo tank
requirements will improve construction,
maintenance, and qualification practices
for cargo tanks used to transport
hazardous materials. These revisions are
intended to decrease the release of
hazardous materials to the environment
during transportation.
Greenhouse gas emissions would
remain the same under this proposed
amendment.
4. Cargo Tank Marking Requirements for
Petroleum Distillate Fuels
PHMSA proposes to revise the
marking requirements for cargo tanks
transporting multiple petroleum
distillate fuels in the current or previous
business day (defined as a day that the
operator of the cargo tank motor vehicle
is open and operating in commerce).
The proposal authorizes a carrier to
display the marking of the UN ID
number for the petroleum distillate fuel
with the lowest flashpoint transported
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in that cargo tank during the current or
previous business day. For example, a
cargo tank used to transport gasoline on
Day 1, and diesel fuel only on Day 2,
may display ‘‘1203’’ on Day 2, because
gasoline has a lower flash point than
diesel fuel.
PHMSA’s analysis of this proposed
amendment indicates that for NA1993,
UN1202, UN1203, UN1223, and other
petroleum distillate fuels, the ERG
directs the reader to the same guide
page for initial emergency response
measures, and PHMSA further requests
information from emergency responders
describing how emergency response
would differ for an accident involving a
cargo tank motor vehicle marked
‘‘1993,’’ ‘‘1202,’’ ‘‘1203,’’ ‘‘1223,’’ or
another UN ID number associated with
a petroleum distillate fuel. PHMSA
requests information on any known
incidents where emergency response
was impacted negatively due to a cargo
tank motor vehicle displaying ‘‘1203’’
when it was transporting a petroleum
distillate fuel with a higher flash point.
The substantial time saved during fuel
deliveries due to the removal of the
requirement to change the ID number
displayed inside the placard may
provide environmental benefits,
including a reduction in greenhouse
gases due to a reduction in time cargo
tank motors vehicles spend idling while
the driver changes the ID number
displayed in the placard. PHMSA seeks
comment on this, and any other
environmental impacts associated with
this amendment.
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4. Agencies and Persons Consulted
During the Consideration Process
PHMSA has coordinated with the
FAA, FMCSA, FRA, and the USCG, in
the development of this proposed
rulemaking. The NPRM has also been
made available to other federal agencies
within the interagency review process
contemplated under Executive Order
12866. PHMSA solicits, and will
consider, comments on the NPRM’s
potential impacts on safety and the
environment submitted by members of
the public, state and local governments,
tribal communities, and industry.
5. Executive Order 12898
Executive Orders 12898 (‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’),66 13985
(‘‘Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government’’),67 13990
(‘‘Protecting Public Health and the
66 59
67 86
FR 7629 (Feb. 16, 1994).
FR 7009 (Jan. 25, 2021).
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Environment and Restoring Science To
Tackle the Climate Crisis’’),68 14008
(‘‘Tackling the Climate Crisis at Home
and Abroad’’),69 and DOT Order
5610.2C (‘‘Department of Transportation
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’) require DOT
agencies to achieve environmental
justice as part of their mission by
identifying and addressing, as
appropriate, disproportionately high
and adverse human health or
environmental effects, including
interrelated social and economic effects
of their programs, policies, and
activities on minority populations, lowincome populations, and disadvantaged
communities.
PHMSA has evaluated this proposed
rulemaking under the above Executive
Orders and DOT Order 5610.2C and
expects it would not cause
disproportionately high and adverse
human health and environmental effects
on minority, low-income, underserved,
and other disadvantaged populations
and communities. The rulemaking is
facially neutral and national in scope; it
is neither directed toward a particular
population, region, or community, nor
is it expected to adversely impact any
particular population, region, or
community. And because PHMSA
expects the rulemaking would not
adversely affect the safe transportation
of hazardous materials generally,
PHMSA does not expect the proposed
revisions would entail
disproportionately high adverse risks for
minority populations, low-income
populations, or other underserved and
other disadvantaged communities.
The proposed rulemaking could
reduce risks to minority populations,
low-income populations, or other
underserved and other disadvantaged
communities. Insofar as the proposed
HMR amendments could avoid the
release of hazardous materials, the
proposed rule could reduce risks to
populations and communities—
including any minority, low-income,
underserved and other disadvantaged
populations and communities—in the
vicinity of interim storage sites and
transportation arteries and hubs.
Additionally, as explained in the above
discussion of NEPA, PHMSA anticipates
that its proposed HMR amendments will
yield modest GHG emissions
reductions, thereby reducing the risks
posed by anthropogenic climate change
to minority, low-income, underserved,
and other disadvantaged populations
and communities.
68 86
69 86
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FR 7037 (Jan. 25, 2021).
FR 7619 (Feb. 1, 2021).
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PHMSA solicits comment on potential
impacts to minority, low-income,
underserved, and other disadvantaged
populations and communities of the
proposed rulemaking.
6. Proposed Finding of No Significant
Impact
PHMSA anticipates the adoption of
the Proposed Action Alternative’s
regulatory amendments will maintain
the HMR’s current high level of safety
for shipments of hazardous materials
transported by highway, rail, and vessel,
and as such proposes the HMR
amendments in the NPRM would have
no significant impact on the human
environment. The environmental review
outlines the Proposed Action
Alternative will avoid adverse safety,
environmental justice, and greenhouse
gas (GHG) emissions impacts of the
proposed action. Furthermore, based on
the environmental analysis of
provisions described above, PHMSA
proposes to find the codification and
implementation of this rulemaking
would not result in a significant impact
to the human environment.
PHMSA welcomes any views, data, or
information related to safety or
environmental impacts that may result
from the NPRM’s proposed
requirements, the No Action
Alternative, and other viable
alternatives and their environmental
impacts.
I. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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
https://www.dot.gov/privacy. DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000,70 or on DOT’s website at https://
www.dot.gov/privacy.
J. Executive Order 13609 and
International Trade Analysis
Executive Order 13609 (‘‘Promoting
International Regulatory
Cooperation’’) 71 requires that agencies
must consider whether the impacts
associated with significant variations
between domestic and international
regulatory approaches are unnecessary
or may impair the ability of American
business to export and compete
internationally. In meeting shared
70 65
71 77
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FR 19475 (Apr. 11, 2000).
FR 26413 (May 4, 2012).
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challenges involving health, safety,
labor, security, environmental, and
other issues, international regulatory
cooperation can identify approaches
that are at least as protective as those
that are or would be adopted in the
absence of such cooperation.
International regulatory cooperation can
also reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements.
Similarly, the Trade Agreements Act
of 1979 (Pub. L. 96–39), as amended by
the Uruguay Round Agreements Act
(Pub. L. 103–465), prohibits federal
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Pursuant to the Trade
Agreements Act, the establishment of
standards is not considered an
unnecessary obstacle to the foreign
commerce of the United States, so long
as the standards have a legitimate
domestic objective, such as providing
for safety, and do not operate to exclude
imports that meet this objective. The
statute also requires consideration of
international standards and, where
appropriate, that they be the basis for
U.S. standards.
PHMSA participates in the
establishment of international standards
in order to protect the safety of the
American public. PHMSA has assessed
the effects of this rulemaking to ensure
that it does not cause unnecessary
obstacles to foreign trade. While the
rulemaking would clarify and elaborate
on existing PHMSA regulations,
PHMSA expects the rulemaking will
result in cost savings and greater
regulatory flexibility for entities engaged
in international commerce. Accordingly,
this rulemaking is consistent with
Executive Order 13609 and PHMSA’s
obligations under the Trade Agreement
Act, as amended.
K. National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies
to use voluntary consensus standards in
their regulatory activities unless doing
so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specification
of materials, test methods, or
performance requirements) that are
developed or adopted by voluntary
consensus standard bodies. This
rulemaking involves multiple voluntary
consensus standards that are discussed
at length in the discussion on § 171.7.
See ‘‘Section IV. Section-by-Section
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Review; Part 171; Section 171.7’’ for
further details.
L. Executive Order 13211
Executive Order 13211 (‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’) 72 requires federal
agencies to prepare a Statement of
Energy Effects for any ‘‘significant
energy action.’’ Executive Order 13211
defines a ‘‘significant energy action’’ as
any action by an agency (normally
published in the Federal Register) that
promulgates, or is expected to lead to
the promulgation of, a final rule or
regulation that (1)(i) is a significant
regulatory action under Executive Order
12866 or any successor order and (ii) is
likely to have a significant adverse effect
on the supply, distribution, or use of
energy (including a shortfall in supply,
price increases, and increased use of
foreign supplies); or (2) is designated by
the Administrator of the Office of
Information and Regulatory Affairs
(OIRA) as a significant energy action.
Although this proposed rule is a
significant regulatory action under
Executive Order 12866, this action is
not likely to have a significant adverse
effect on the supply, distribution, or use
of energy in the United States. For
additional discussion of the anticipated
economic impact of this rulemaking,
please review the PRIA in the
rulemaking docket.
M. Cybersecurity and Executive Order
14082
Executive Order 14082 (‘‘Improving
the Nation’s Cybersecurity’’) 73
expressed the Administration policy
that ‘‘the prevention, detection,
assessment, and remediation of cyber
incidents is a top priority and essential
to national and economic security.’’
Executive Order 14082 directed the
Federal Government to improve its
efforts to identify, deter, and respond to
‘‘persistent and increasingly
sophisticated malicious cyber
campaigns.’’ Consistent with Executive
Order 14082, TSA in October 2022
issued a Security Directive to reduce the
risk that cybersecurity threats pose to
critical railroad operations and facilities
through implementation of layered
cybersecurity measures that provide
defense-in-depth.74
PHMSA has considered the effects of
the NPRM and has preliminarily
determined that its proposed regulatory
amendments would not materially affect
72 66
FR 28355 (May 22, 2001).
FR 26633 (May 17, 2021).
74 TSA, Security Directive No. 1580/82–2022–01,
‘‘Rail Cybersecurity Mitigation Actions and
Testing’’ (Oct. 24, 2022).
73 86
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85651
the cybersecurity risk profile for rail
transportation of hazardous materials.
PHMSA seeks comment on any other
potential cybersecurity impacts of the
proposed amendments.
N. Severability
The purpose of this proposed rule is
to operate holistically in addressing
different issues related to safety and
environmental hazards associated with
the transportation of hazardous
materials. However, PHMSA recognizes
that certain provisions focus on unique
topics. Therefore, PHMSA preliminarily
finds that the various provisions of this
proposed rule are severable and able to
function independently if severed from
each other; thus, in the event a court
were to invalidate one or more of this
proposed rule’s unique provisions, the
remaining provisions should stand and
continue in effect. PHMSA seeks
comment on which portions of this rule
should or should not be severable.
List of Subjects
49 CFR Part 107
Administrative practice and
procedure, Hazardous materials
transportation, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Incorporation by reference,
Reporting, and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials
transportation, Hazardous waste,
Labeling, Markings, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 173
Hazardous materials transportation,
Incorporation by reference, Packaging
and containers, Radioactive materials,
Reporting and recordkeeping
requirements, Uranium.
49 CFR Part 174
Hazardous materials transportation,
Radioactive materials, Railroad safety.
49 CFR Part 176
Hazardous materials transportation,
Incorporation by reference, Maritime
carriers, Radioactive materials,
Reporting and recordkeeping
requirements.
49 CFR Part 177
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Radioactive materials,
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Reporting and recordkeeping
requirements.
49 CFR Part 178
Hazardous materials transportation,
Incorporation by reference, Motor
vehicle safety, Packaging and
containers, Reporting and recordkeeping
requirements.
49 CFR Part 179
Hazardous materials transportation,
Incorporation by reference, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 180
Hazardous materials transportation,
Incorporation by reference, Motor
carriers, Motor vehicle safety, Packaging
and containers, Railroad safety,
Reporting and recordkeeping
requirements.
In consideration of the foregoing,
PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
1. The authority citation for part 107
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 Section 4; Pub. L. 104–121
Sections 212–213; Pub. L. 104–134 Section
31001; Pub. L. 114–74 Section 701 (28 U.S.C.
2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C.
1321.
2. In § 107.1, revise the definition of
‘‘registration’’ to read as follows:
■
§ 107.1
Definitions.
*
*
*
*
*
Registration means a written
acknowledgment from the Associate
Administrator that a registrant is
authorized to perform a function for
which registration is required under
subchapter C of this chapter (e.g.,
registration in accordance with 49 CFR
178.503 regarding marking of
packagings). For purposes of subparts A
through E, ‘‘registration’’ does not
include registration under subpart F, G,
or J of this part.
*
*
*
*
*
■ 3. In 107.105, revise paragraph (a)(5)
to read as follows:
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§ 107.105
Application for special permit.
(a) * * *
(5) For persons required to be
registered in accordance with Subpart F,
G, or J of this part, in addition to the
information listed in paragraph (a)(2) of
this section, the application must
provide the registration number or the
name of the company to which the
registration number is assigned if
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different from the applicant. For persons
not required to be registered in
accordance with Subpart F, G, or J of
this part, in addition to the information
listed in paragraph (a)(2) of this section,
the application must provide a
statement indicating that registration is
not required.
*
*
*
*
*
■ 4. In § 107.502:
■ a. Revise paragraphs (a)(3), (b), (d),
and (e); and
■ b. Add paragraphs (a)(4) through (9)
and (f).
The revisions and additions read as
follows:
§ 107.502 General registration
requirements.
(a) * * *
(3) The terms cargo tank wall,
component, and manufacturer are
defined in § 178.320(a) of this chapter.
The terms maintenance, modification,
and repair are defined in § 180.403 of
this chapter.
(4) Fixed test and inspection facility
means a single, permanent, and specific
geographical location with a physical
address where cargo tanks or cargo tank
motor vehicles are housed, stored, and
maintained for repair or tests and
inspections, in accordance with subpart
E of part 180 of this chapter.
(5) FMCSA Agency Decisionmaker
means Assistant Administrator, Federal
Motor Carrier Safety Administration, or
another FMCSA official authorized to
make a final agency decision as
specified in this subchapter.
(6) FMCSA Agency Official means the
official(s) authorized by FMCSA order
of delegation to take the actions
specified in this subchapter.
(7) Mobile tester means a person
qualified in accordance with § 180.409
of this chapter to perform repair or test
and inspection at a location other than
a fixed test and inspection facility.
(8) Mobile testing means the conduct
of repairs or tests and inspections by a
mobile tester in accordance with
subpart E of part 180 of this chapter for
the continuing qualification,
maintenance, or periodic testing of
cargo tanks or cargo tank motor vehicles
at a location other than at a fixed test
and inspection facility.
(9) Mobile test and inspection unit
means a motor vehicle used by a mobile
tester to perform mobile testing.
(b) No person may engage in the
manufacture, assembly, certification,
inspection, or repair of a cargo tank or
cargo tank motor vehicle manufactured
under the terms of a DOT specification
under subchapter C of this chapter or a
special permit issued under this part
unless the person is registered with the
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Department in accordance with the
provisions of this subpart. A person
employed as a Registered Inspector or
Design Certifying Engineer is considered
to be registered if the person’s employer
is registered. The requirements of this
paragraph (b) do not apply to a person
engaged in the repair of a DOT
specification cargo tank used in the
transportation of hazardous materials in
the United States in accordance with
§ 180.413(a)(1)(iii) of this chapter.
*
*
*
*
*
(d) Persons registering with the
Department may submit their
registration statement and all of the
information required by this subpart, in
English, electronically at https://
portal.fmcsa.dot.gov/UrsRegistration
Wizard/, or in hard copy form to:
FMCSA Hazardous Materials Division—
MC–ECH, 1200 New Jersey Ave.,
Washington, DC 20590–0001.
(e) Upon determination that a
registration statement contains all the
information required by this subpart,
the Department will send the registrant
a letter or provide electronic
confirmation verifying receipt of the
registration application and assigning a
registration number to that person.
(f) A separate registration number will
be assigned for each cargo tank
manufacturing, assembly, repair facility,
or other place of business identified by
the registrant.
■ 5. In § 107.503:
■ a. Revise paragraphs (a)(2), (a)(4), and
(c); and
■ b. Add paragraph (d).
The revisions and addition read as
follows:
§ 107.503
Registration statement.
(a) * * *
(2) Street address, mailing address,
telephone number, and email address, if
available, for each facility or place of
business;
*
*
*
*
*
(4) A statement signed by the person
responsible for compliance with the
applicable requirements of this chapter,
certifying knowledge of those
requirements and that each employee
who is a hazmat employee, including a
Registered Inspector or Design
Certifying Engineer, meets the minimum
qualification requirements set forth in
§ 171.8 of this chapter, has been trained
in accordance with § 172.704, and is
knowledgeable and trained in the
functions the employee performs. The
following language may be used:
I certify that all hazmat employees,
including Registered Inspectors and
Design Certifying Engineers, performing
any function have met the minimum
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qualification requirements set forth in
49 CFR 171.8 and/or 180.403 and the
training requirements of 49 CFR
172.704; that all persons are
knowledgeable and trained in the
functions they perform; that I am the
person responsible for ensuring
compliance with the applicable
requirements of this chapter; that I
maintain all required documentation to
verify compliance; and that I have
knowledge of the requirements
applicable to the functions to be
performed.
*
*
*
*
*
(c) In addition to the information
required under paragraph (a) of this
section, each person who repairs a cargo
tank or cargo tank motor vehicle must
submit a copy of the repair facility’s
current National Board Certificate of
Authorization for the use of the ‘‘R’’
stamp or ASME Certificate of
Authorization for the use of the ASME
‘‘U’’ stamp.
(d) In addition to the information
required under paragraph (a) of this
section, each person who performs the
wet fluorescent magnetic particle exam
must submit a copy of the ASME Code
training certificate.
■ 6. Add § 107.505 to read as follows:
FMCSA Agency Official within 30 days
of service of notice of the proposed
action.
(2) After considering the holder’s
written response, or after 30 days have
passed without response since service of
the notice, the FMCSA Agency Official
notifies the holder in writing or by
electronic means of the decision with a
brief statement of reasons and the
effective date of the action.
(c) The rules for service and
computation of time in §§ 386.6 and
386.8 of this title shall apply to this
section, except that electronic service is
permitted.
(d) If FMCSA determines that a
violation of a provision of the federal
hazardous material transportation law,
or a regulation or order prescribed
under that law, or an unsafe condition
or practice, constitutes or is causing an
imminent hazard, as defined in § 109.1
of this subchapter, FMCSA may issue an
immediately effective emergency order
to the registration holder in accordance
with § 109.17 of this subchapter.
Petitions for review of the emergency
order shall be governed by § 109.19 of
this subchapter.
■ 7. Add § 107.506 to read as follows:
§ 107.505 Modification, suspension or
termination of registration.
(a) A registration holder may request
that the FMCSA Agency Official
reconsider a decision under § 107.505 of
this part. The request for
reconsideration must:
(1) Be in writing or by electronic
means and served within twenty days of
service of the decision;
(2) State in detail any alleged errors of
fact, law, or procedure;
(3) Explain any corrective actions
taken;
(4) Enclose any additional
information needed to support the
request to reconsider; and
(5) State in detail the modification of
the final decision sought.
(b) A decision issued under § 107.505
of this part remains effective pending a
decision on reconsideration. The
FMCSA Agency Official will consider
requests to stay the decision using the
criteria set forth in § 107.507(b)(1)–(4) of
this part.
(c) The FMCSA Agency Official may
request additional information or
documents and, to ensure that the
deficiencies identified as the basis for
the action have been corrected, may
conduct additional investigation. If the
registration holder does not provide the
information requested, the FMCSA
Agency Official may deny the petition
for reconsideration. The FMCSA Agency
Official considers all information and
(a) The FMCSA Agency Official may
modify, suspend, or terminate a
registration, as appropriate, on finding
that:
(1) Because of a change in
circumstances, the registration requires
modification, is no longer needed, or
would no longer be granted if applied
for;
(2) The application contained
inaccurate or incomplete information,
and the registration would not have
been granted had the application been
accurate and complete;
(3) The application contained
deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated
the terms of the registration or an
applicable requirement of this chapter
in a manner demonstrating lack of
fitness to conduct the activity for which
registration is required.
(b) Except as provided in paragraph
(c) of this section, before a registration
is modified, suspended, or terminated,
the FMCSA Agency Official notifies the
holder in writing or by electronic means
of the proposed action and the reasons
for it, and provides an opportunity to
show cause why the proposed action
should not be taken.
(1) The holder may file a response in
writing or by electronic means with the
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documentation submitted on
reconsideration.
(d) The FMCSA Agency Official
grants or denies, in whole or in part, the
relief requested and informs the
requesting person in writing or by
electronic means of the decision.
(e) The rules for service and
computation of time in §§ 386.6 and
386.8 of this title shall apply to this
section, except that electronic service is
permitted.
■ 8. Add § 107.507 to read as follows:
§ 107.507
Appeal.
(a) A person who requested
reconsideration under § 107.506 and is
denied the relief requested may appeal
to the FMCSA Agency Decisionmaker.
The appeal must be in writing and
served on the Agency Decisionmaker,
ATTN: Adjudications Counsel, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE
Washington, DC 20590–0001, or by
submitting the documents electronically
to fmcsa.adjudication@dot.gov. The
appeal must also be served on all parties
to the proceeding. The appeal must:
(1) Be served within 30 days of
service of the FMCSA Agency Official’s
decision on reconsideration;
(2) State in detail any alleged errors of
fact, law, or procedure;
(3) Enclose any additional
information needed to support the
appeal; and
(4) State in detail the modification of
the final decision sought.
(b) The FMCSA Agency Official’s
action remains effective pending a
decision on appeal. Requests for a stay
of the FMCSA Agency Official’s action
will be considered using the following
criteria:
(1) There is a substantial likelihood
that the requesting party will prevail on
the merits;
(2) The requesting party will suffer
irreparable injury absent the stay;
(3) The threatened injury outweighs
whatever damage the stay may cause the
opposing party; and
(4) The stay will not harm the public
interest.
(c) The FMCSA Agency Official files
a response to the appeal no later than 30
days following service of the appeal.
The FMCSA Agency Official addresses
each assignment of error by producing
evidence or legal argument that
supports the Agency Official’s
determination on that issue. The Agency
Official’s determination may be
supported by circumstantial or direct
evidence and the reasonable inferences
drawn therefrom. The burden of proof
shall be on the FMCSA Agency Official.
(d) The FMCSA Agency
Decisionmaker may ask the parties to
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submit additional information. If the
registration holder does not provide the
information requested, the Agency
Decisionmaker may dismiss the petition
for review. The FMCSA Agency
Decisionmaker grants or denies, in
whole or in part, the relief requested
and informs the appellant in writing of
the decision on appeal. The FMCSA
Agency Decisionmaker decision on the
appeal is the final agency action.
(e) The rules for service, filing of
documents, and computation of time in
§§ 386.6, 386.7, and 386.8 of this title
shall apply to this section, except that
electronic service is permitted.
■ 9. In § 107.701, revise paragraph (c) to
read as follows:
§ 107.701
Purpose and scope.
*
*
*
*
*
(c) Registration under subpart F, G, or
J of this part is not subject to the
procedures of this subpart.
■ 10. In part 107, subpart J is added to
read as follows:
Subpart J—Registration of Tank Car
Facilities and Design Certifying
Engineers
§ 107.901 Purpose and Scope.
§ 107.903 Definitions.
§ 107.905 Tank car facility registration.
§ 107.907 Tank car design certifying
engineer registration.
§ 107.909 Period of registration, updates,
and record retention.
§ 107.911 Modification, suspension, or
termination of registration.
§ 107.913 Reconsideration.
§ 107.915 Appeal.
§ 107.901
Purpose and scope.
(a) This subpart establishes a
registration procedure for tank car
facilities and tank car Design Certifying
Engineers.
(b) Persons who apply for registration
in accordance with this subpart must be
familiar with the requirements set forth
in part 179 and part 180, subpart F of
this chapter.
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§ 107.903
Definitions.
The following definitions apply for
the purpose of this subpart:
Associate Administrator for Safety,
FRA means the Federal Railroad
Administration, Associate
Administrator for Safety.
Design Certifying Engineer is defined
in § 171.8 of this chapter.
FRA Administrator means the
Administrator of the Federal Railroad
Administration.
Qualification is defined in § 180.503
of this chapter.
Tank car is defined in § 179.2 of this
chapter.
Tank car facility is defined in § 179.2
of this chapter.
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Tank car tank is defined in § 180.503
of this chapter.
§ 107.905
Tank car facility registration.
(a) No person may engage in the
qualification of a tank car manufactured
and maintained under the terms of a
DOT specification under subchapter C
of this chapter or a special permit issued
under this part unless the person is
registered with the Department in
accordance with the provisions of this
subpart.
(b) A person who performs functions
subject to the provisions of this subpart
may perform only those functions that
have been identified to the Department
in accordance with the procedures of
this subpart.
(c) Persons registering a tank car
facility may submit their registration
statements and all the information
required by this subpart, in English,
electronically at www.phmsa.dot.gov or
in hard copy form to: Associate
Administrator of Hazardous Materials
Safety (Attention: General Approvals
and Permits, PHH–13) Pipeline and
Hazardous Materials Safety
Administration, U.S. Department of
Transportation, East Building, 1200
New Jersey Avenue SE, Washington, DC
20590–0001.
(d) Each person must submit a
separate registration statement and each
tank car facility will be assigned a
unique registration number.
(e) Upon determination that a tank car
facility registration statement contains
all the information required by this
subpart, the Department will send the
registrant a letter or provide electronic
confirmation verifying receipt of the
registration application and assigning a
registration number to that facility.
(f) Each tank car facility registration
statement must contain the following
information:
(1) Name of business;
(2) Street address, mailing address,
telephone number, and email address, if
available, for the facility or place of
business;
(3) A statement indicating whether
the facility uses mobile testing/
inspection equipment to perform
manufacturing, maintenance, or
qualification at a location other than the
address listed in paragraph (f)(2) of this
section;
(4) A statement signed by the
principal, officer, partner, or employee
of the facility responsible for
compliance with the applicable
requirements of this chapter, certifying
knowledge of those requirements and
that each employee who is a hazmat
employee has been trained in
accordance with § 172.704 of this
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chapter and is knowledgeable and
trained in the functions the employee
performs, and that the facility’s quality
assurance program complies with the
requirements of § 179.7 of this chapter.
The following statement may be used:
I certify that this facility operates in
conformance with minimum
requirements set forth in this chapter;
that all persons are knowledgeable and
trained in the functions they perform;
that I am the person responsible for
ensuring compliance with the
applicable requirements of this chapter;
that I maintain all required
documentation to verify compliance;
that I have knowledge of the
requirements applicable to the functions
to be performed; and that this tank car
facility’s quality assurance program is in
compliance with the requirements of 49
CFR 179.7.
(5) A description of the specific
qualification functions to be performed
on tank cars. For example:
(i) External visual inspection;
(ii) Leakproofness testing; or
(iii) Ultrasonic examination.
(6) A description of any other tank
car-related functions performed at the
facility. For example:
(i) Manufacture; or
(ii) Maintenance.
(7) An identification of the types of
DOT specification and special permit
tank cars that the registrant intends to
qualify and manufacture or maintain, if
applicable;
(8) Each tank car facility must submit
an executive summary of the facility’s
current quality assurance program,
sufficient to demonstrate compliance
with the required elements of § 179.7(b)
of this chapter; and
(9) If the registrant is not a resident of
the United States, the name and address
of a permanent resident of the United
States designated in accordance with
§ 105.40 of this subchapter to serve as
agent for service of process.
§ 107.907 Tank car Design Certifying
Engineer registration.
(a) No person may approve the design
of a tank car or service equipment
manufactured in accordance with
subchapter C of this chapter or a special
permit issued under this part unless the
person is registered with the
Department in accordance with the
provisions of this subpart.
(b) A person who performs functions
subject to the provisions of this subpart
may perform only those functions that
have been identified to the Department
in accordance with the procedures of
this subpart.
(c) Persons registering a tank car
Design Certifying Engineer may submit
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their registration statements and all the
information required by this subpart, in
English, electronically at
www.phmsa.dot.gov or in hard copy
form to: Associate Administrator of
Hazardous Materials Safety (Attention:
General Approvals and Permits, PHH–
13), Pipeline and Hazardous Materials
Safety Administration, U.S. Department
of Transportation, East Building, 1200
New Jersey Avenue SE Washington, DC
20590–0001.
(d) Each registration statement must
be in English and contain the following
information:
(1) Name of business;
(2) Street address, mailing address,
telephone number, and email address, if
available, for each person or place of
business;
(3) A statement signed by the person
responsible for compliance with the
applicable requirements of this chapter,
certifying knowledge of those
requirements and that each employee
who is a hazmat employee, including a
Design Certifying Engineer, meets the
minimum qualification requirements set
forth in § 171.8 of this chapter; has been
trained in accordance with § 172.704 of
this chapter; and is knowledgeable and
trained in the functions the employee
performs. The following statement may
be used:
I certify that all hazmat employees
performing any hazardous materials
transportation function have met the
training requirements of 49 CFR
172.704; that any Design Certifying
Engineer hazmat employees have met
the minimum qualification
requirements set forth in 49 CFR 171.8
for Design Certifying Engineers; that all
persons are knowledgeable and trained
in the hazardous materials
transportation functions they perform;
that I am the person responsible for
ensuring compliance with the
applicable requirements of this chapter;
that I maintain all required
documentation to verify compliance;
and that I have knowledge of the
requirements applicable to the
hazardous materials transportation
functions to be performed.
(4) A description of the specific
functions to be performed, e.g.:
(i) New tank car design;
(ii) Tank car modification;
(iii) New service equipment design;
and
(iv) Service equipment modification.
(5) An identification of the types of
DOT specification and special permit
tank cars and service equipment whose
designs the registrant intends to review;
(6) The names and a description of the
experience meeting the definition in
§ 171.8 of this chapter for each
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individual engineer employed as a
Design Certifying Engineer; and
(7) If the registrant is not a resident of
the United States, the name and address
of a permanent resident of the United
States designated in accordance with
§ 105.40 of this subchapter to serve as
an agent for service of process.
(e) Upon determination that a
registration statement contains all of the
information required by this subpart,
the Department will send the registrant
a letter or provide electronic
confirmation verifying receipt of the
registration application and assigning a
registration number to that person. A
separate registration number will be
assigned to each individual employed as
a Design Certifying Engineer and
identified in the registration statement
by the registrant.
§ 107.909 Period of registration, updates,
and record retention.
(a) The period of registration for both
tank car facilities and tank car Design
Certifying Engineers will be for a
maximum of six years from the date of
the original registration and for six-year
renewal periods thereafter.
(b) Any correspondence with the
Department must contain the
registrant’s name and registration
number.
(c) A registration must be renewed
prior to expiration of the period of
registration to ensure continued
authorization to perform authorized
duties by submitting an up-to-date
registration statement containing the
information prescribed by §§ 107.905 or
107.907 of this subpart. Any person
initially registered under the provisions
of §§ 107.905 or 107.907 of this subpart
and who is in good standing is eligible
for renewal.
(d) A registrant shall provide
notification to PHMSA within 30 days
of any of the following occurrences:
(1) Any change in the registration
information submitted under §§ 107.905
or 107.907 of this subpart, (e.g., change
of company name, address, ownership,
or names and description of the
experience meeting the definition in
§ 171.8 of this chapter for each
individual engineer employed as a
Design Certifying Engineer);
(2) Replacement of the person
responsible for compliance with the
requirements in §§ 107.905(f)(4) or
107.907(d)(3) of this subpart. If this
occurs, the registrant shall resubmit the
required certification;
(3) A change in function, such as from
maintenance to manufacture, an
addition of a function, or a change to the
types of qualifications or certifications
of tank cars conducted by the facility; or
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(4) The facility or Design Certifying
Engineer no longer performs any
functions requiring a registration under
this subpart.
(e) Each registrant shall maintain a
current copy of the registration
information submitted to the
Department and a current copy of the
registration number received from the
Department at the location identified in
§§ 107.905(f)(2) or 107.907(d)(2) of this
subpart during such time the person is
registered with the Department and for
two (2) years thereafter.
§ 107.911 Modification, Suspension, or
Termination of Registration.
(a) The Associate Administrator for
Safety, FRA may modify, suspend, or
terminate a tank car facility or tank car
Design Certifying Engineer registration,
as appropriate, on finding that:
(1) Because of a change in
circumstances, the registration is no
longer needed or would no longer be
granted if applied for;
(2) The application contained
inaccurate or incomplete information,
and the registration would not have
been granted had the application been
accurate and complete;
(3) The application contained
deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated
the terms of the registration or an
applicable requirement of this chapter
in a manner demonstrating lack of
fitness to conduct the activity for which
registration is required.
(b) Except as provided in paragraph
(c) of this section, before a registration
is modified, suspended, or terminated,
the Associate Administrator for Safety,
FRA notifies the holder of the proposed
action and the reasons for it, and
provides an opportunity to show cause
why the proposed action should not be
taken.
(1) The holder may file a response
with the Associate Administrator for
Safety, FRA within 30 days of receipt of
notice of the proposed action in
accordance with the procedures of 49
CFR 209.9 via FRAlegal@dot.gov.
(2) After considering the holder’s
response, or after 30 days have passed
without response since receipt of the
notice, the Associate Administrator for
Safety, FRA notifies the holder of the
final decision with a brief statement of
reasons.
(c) The Associate Administrator for
Safety, FRA, if necessary to avoid a risk
of significant harm to persons or
property, may, in the notification,
declare the proposed action
immediately effective.
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Reconsideration.
(a) A registration holder may request
that the Associate Administrator for
Safety, FRA reconsider a decision under
§ 107.911 of this subpart. The request
must:
(1) Be filed in accordance with the
procedures of 49 CFR 209.9 with
FRALegal@dot.gov within twenty days
of receipt of the decision;
(2) State in detail any alleged errors of
fact and law;
(3) Enclose any additional
information needed to support the
request to reconsider; and
(4) State in detail the modification of
the final decision sought.
(b) The Associate Administrator for
Safety, FRA considers newly submitted
information on a showing that the
information could not reasonably have
been submitted during application
processing.
(c) The Associate Administrator for
Safety, FRA grants or denies, in whole
or in part, the relief requested and
§ 107.915
Appeal.
(a) A person who requested
reconsideration under § 107.913 of this
subpart and is denied the relief
requested may appeal to the FRA
Administrator. The appeal must:
(1) Be filed in accordance with the
procedures of 49 CFR 209.9 with
FRALegal@dot.gov within 30 days of
receipt of the Associate Administrator
for Safety, FRA’s decision on
reconsideration;
(2) State in detail any alleged errors of
fact and law;
(3) Enclose any additional
information needed to support the
appeal; and
(4) State in detail the modification of
the final decision sought.
(b) The FRA Administrator, if
necessary to avoid a risk of significant
harm to persons or property, may
declare that the Associate Administrator
for Safety, FRA’s action remain effective
pending a decision on appeal.
(c) The FRA Administrator grants or
denies, in whole or in part, the relief
requested and informs the appellant of
the decision on appeal. The FRA
Administrator’s decision on the appeal
is the final administrative action.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
11. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4; Pub. L. 104–134,
section 31001; Pub. L. 114–74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
12. In § 171.6, revise the table in
paragraph (b)(2) to read as follows:
■
§ 171.6 Control numbers under the
Paperwork Reduction Act.
*
*
*
(b) * * *
(2) * * *
*
*
Current OMB
control number
Title
Title 49 CFR part or section where identified and described
2137–0014 ..............
Cargo Tank Specification Requirements
2137–0018 ..............
Inspection and Testing of Portable
Tanks and Intermediate Bulk Containers.
Testing, Inspection, and Marking Requirements for Cylinders.
§§ 107.503, 107.504, 107.505, 107.506, 107.507, 178.320, 178.337, 178.338,
178.345, 180.405, 180.407, 180.409, 180.413, 180.415, 180.417.
§§ 173.24, 173.32, 178.3, 178.255, 178.273, 178.274, 178.703, 178.801,
180.352, 180.605.
2137–0022 ..............
2137–0034 ..............
2137–0039 ..............
2137–0051 ..............
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informs the requesting person of the
decision.
Hazardous Materials Shipping Papers
and Emergency Response Information.
Hazardous Materials Incidents Reports
Rulemaking and Special Permit Petitions.
2137–0510 ..............
RAM Transportation Requirements .......
2137–0542 ..............
2137–0557 ..............
Flammable Cryogenic Liquids ...............
Approvals for Hazardous Materials .......
2137–0559 ..............
Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks—
Transportation of Hazardous Materials by Rail.
2137–0572 ..............
Testing Requirements
Packages.
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§§ 173.5b, 173.302a, 173.303, 173.304, 173.309, 178.2, 178.3, 178.35, 178.44,
178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68, 180.205, 180.207,
180.209, 180.211, 180.213, 180.215, 180.217, Appendix C to part 180.
§§ 172.200, 172.201, 172.202, 172.203, 172.204, 172.505, 172.600, 172.602,
172.604, 172.606, 173.6, 173.7, 173.22, 173.56, 174.24, 174.26, 174.114,
175.30, 175.31, 175.33, 176.24, 176.27, 176.30, 176.36, 176.89, 177.817.
§§ 171.15, 171.16, 171.21.
§§ 105.30, 105.40, 106.95, 106.110, 107.105, 107.107, 107.109, 107.113,
107.117, 107.121, 107.123, 107.125, 107.205, 107.211, 107.215, 107.217,
107.219, 107.221, 107.223.
Part 173, subpart I, §§ 173.22, 173.411, 173.415, 173.416, 173.417, 173.457,
173.471, 173.472, 173.473, 173.476.
§§ 173.318, 177.816, 177.840, 180.405.
§§ 107.402, 107.403, 107.405, 107.705, 107.713, 107.715, 107.717, 107.803,
107.805, 107.807, 110.30, 172.101, 172.102, Special Provisions 19, 26, 53,
55, 60, 105, 118, 121, 125, 129, 131, 133, 136, B45, B55, B61, B69, B77,
B81, N10, N72, 173.2a, 173.4, 173.7, 173.21, 173.22, 173.24, 173.31,
173.38, 173.51, 173.56, 173.58, 173.59, 173.124, 173.128, 173.159,
173.166, 173.171, 173.214, 173.222, 173.224, 173.225, 173.245, 173.301,
173.305, 173.306, 173.314, 173.315, 173.316, 173.318, 173.334, 173.340,
173.411, 173.433, 173.457, 173.471, 173.472, 173.476, 174.50, 174.63,
175.8, 175.85, 175.701, 175.703, 176.168, 176.340, 176.704, 178.3, 178.35,
178.47, 178.53, 178.273, 178.274, 178.503, 178.509, 178.605, 178.606,
178.608, 178.801, 178.813, 180.213.
§§ 107.905, 107.907, 107.909, 107.911, 107.913, 107.915, 172.102, Special
provisions: B45, B46, B55, B61, B69, B77, B78, B81; 173.10, 173.31,
174.14, 174.50, 174.63, 174.104, 174.114, 174.204, 179.3, 179.4, 179.5,
179.6, 179.7, 179.11, 179.18, 179.22, 179.100–9, 179.100–12, 179.100–13,
179.100–16, 179.100–17, 179.102–4, 179.102–17, 179.103–1, 179.103–2,
179.103–3, 179.103–5, 179.200–10, 179.200–14, 179.200–15, 179.200–16,
179.200–17, 179.200–19, 179.201–3, 179.201–8, 179.201–9, 179.220–4,
179.220–7, 179.220–8, 179.220–13, 179.220–15, 179.220–17, 179.220–18,
179.220–20, 179.220–22, 179.300–3, 179.300–7, 179.300–9, 179.300–12,
179.300–13, 179.300–15, 179.300–20, 179.400–3, 179.400–4, 179.400–11,
179.400–13, 179.400–16, 179.400–17, 179.400–19, 179.400–20, 179.500–5,
179.500–8, 179.500–12, 179.500–18, 180.505, 180.509, 180.515, 180.517.
§§ 173.168, 178.2, 178.601, Appendix C to part 178, Appendix D to part 178.
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Current OMB
control number
Title
2137–0582 ..............
2137–0586 ..............
Container Certification Statement .........
Hazardous Materials Public Sector
Training and Planning Grants.
Response Plans for Shipments of Oil ...
Cargo Tank Motor Vehicles in Liquefied
Compressed Gas Service.
Hazardous Materials Security Plans .....
Subsidiary Hazard Class and Number/
Type of Packagings.
Inspection and Testing of Meter Provers.
Requirements for United Nations (UN)
Cylinders.
Flammable Hazardous Materials by
Rail Transportation.
2137–0591 ..............
2137–0595 ..............
2137–0612 ..............
2137–0613 ..............
2137–0620 ..............
2137–0621 ..............
2137–0628 ..............
13. In § 171.7:
a. Revise paragraphs (h)(39), (k), and
(l)(3);
■ b. Remove and reserve paragraph
(l)(4); and
■ c. Revise paragraph (n)(21).
The revisions read as follows:
■
■
§ 171.7
Reference material.
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*
*
*
*
*
(h) * * *
(39) ASTM D 1838–64 Copper Strip
Corrosion by Liquefied Petroleum (LP)
Gases, 1964 (Reapproved 1968), into
§ 173.315.
*
*
*
*
*
(k) Association of American
Railroads, American Railroads Building,
Suite 1000, 425 Third Street SW,
Washington, DC 20024; telephone 877–
999–8824, https://www.aarpublications.
com/
(1) AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication,
and Construction of Freight Cars,
Chapter 5, Paragraph 5.1, Workmanship,
April 2011, into § 179.16.
(2) AAR Manual of Standards and
Recommended Practices, Section C—II
Specifications for Design, Fabrication,
and Construction of Freight Cars,
Chapter 6, June 2015, into § 179.400–6.
(3) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Chapter 1,
November 2014, into § 180.517.
(4) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Chapter 2,
November 2014, into § 179.102–3.
(5) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Chapter 3,
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Title 49 CFR part or section where identified and described
§§ 176.27, 176.172.
Part 110.
Part 130.
§§ 173.315, 178.337–8, 178.337–9, 180.405, 180.416.
Part 172, subpart I, §§ 172.800, 172.802, 172.804.
§§ 172.202, 172.203.
Part 173, subpart A, § 173.5a.
§§ 173.301, 173.304, 173.304b, 178.69, 178.70, 178.74, 178.75, 180.207,
180.209, 180.212, 180.215, 180.217.
§§ 130.120, 171.16, 173.41, 173.145, 173.150, 174.310, 174.312.
November 2014, into §§ 173.241,
173.242, 173.247.
(6) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Chapter 5,
November 2014, into § 179.16.
(7) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Chapter 6,
November 2014, into § 179.10.
(8) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
A, November 2014, into §§ 173.314;
179.15; 179.300–15; 179.300–17;
179.400–20.
(9) [Reserved]
(10) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
C, November 2014, into §§ 179.22;
179.220–26; 179.400–25.
(11) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
D, November 2014, into § 180.509.
(12) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
E, November 2014, into §§ 173.31;
179.20; 179.100–12; 179.100–14;
179.101–1; 179.103–5; 179.200–9;
179.200–13; 179.200–17; 179.220–14;
179.220–18.
(13) [Reserved]
(14) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
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Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
M, November 2014, into §§ 179.200–7;
179.201–6; 179.220–6; 179.220–7;
179.400–5; 179.400–8.
(15) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
R, November 2014, except paragraphs
1.1, 1.2, 3.2, 3.3, 3.4, 5.5 into § 179.6.
(16) [Reserved]
(17) [Reserved]
(18) AAR Manual of Standards and
Recommended Practices, Section C—III,
Specifications for Tank Cars,
Specification M–1002 (AAR
Specifications for Tank Cars), Appendix
W, November 2014, except paragraph
1.2 into §§ 179.11; 179.100–9; 179.100–
10; 179.100–13; 179.100–18; 179.102–1;
179.102–4; 179.102–17; 179.200–10;
179.200–11; 179.200–22; 179.220–10;
179.220–11; 179.300–9; 179.300–10;
179.400–5; 179.400–11; 179.400–12;
179.400–15; 179.400–18.
(19) AAR Manual of Standards and
Recommended Practices, Section I,
Specially Equipped Freight Car and
Intermodal Equipment, 1988, into
§§ 174.55; 174.63.
(20) AAR Standard 286; AAR Manual
of Standards and Recommended
Practices, Section C, Car Construction
Fundamentals and Details, Standard S–
286, Free/Unrestricted Interchange for
286,000 lb. Gross Rail Load Cars
(Adopted 2002; Revised: 2003, 2005,
2006, 2016), into § 179.13.
*
*
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*
(l) * * *
(3) Pamphlet 49, Recommended
Practices for Handling Chlorine Bulk
Highway Transports, Edition 10,
December 2016, into § 173.315.
(4) [Reserved]
*
*
*
*
*
(n) * * *
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(21) CGA Technical Bulletin P–26,
Guidelines for Inspection and Repair of
MC–330 and MC–331 Anhydrous
Ammonia Cargo Tanks (formerly TB–2),
1997, into §§ 180.407; 180.413.
*
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*
*
■ 14. In § 171.8, revise the definitions of
‘‘cargo tank’’ and ‘‘design certifying
engineer’’ to read as follows:
§ 171.8
Definitions and abbreviations.
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Cargo tank means a bulk packaging
that:
(1) Is a tank intended primarily for the
carriage of liquids, gases, solids, or
semi-solids and includes
appurtenances, closures, components,
and reinforcements (for cargo tank
specifications, see 49 CFR 178.320,
178.337–1, or 178.338–1, 178.345–1, as
applicable);
(2) Is permanently attached to or
forms a part of a motor vehicle, or is not
permanently attached to a motor vehicle
but which, by reason of its size,
construction or attachment to a motor
vehicle is loaded or unloaded without
being removed from the motor vehicle;
and
(3) Is not fabricated under a
specification for cylinders, intermediate
bulk containers, multi-unit tank car
tanks, portable tanks, or tank cars.
*
*
*
*
*
Design Certifying Engineer means a
person registered with the Department,
in accordance with subparts F or J of
part 107 of this chapter, who has the
knowledge and ability to perform stress
analysis of pressure vessels and
otherwise determine whether a cargo
tank or tank car design and construction
meets the applicable DOT specification.
A Design Certifying Engineer meets the
knowledge and ability requirements by
meeting any one of the following
requirements:
(1) For cargo tanks:
(i) Has an engineering degree and at
least one year of work experience in
cargo tank structural or mechanical
design;
(ii) Is currently registered as a
professional engineer by appropriate
authority of a state of the United States
or a province of Canada; or
(iii) Has at least three years’
experience in performing the duties of
a Design Certifying Engineer prior to
September 1, 1991.
(2) For tank cars:
(i) Has an engineering degree and at
least one year of work experience in
tank car structural or mechanical
design; or
(ii) Is currently registered as a
professional engineer by an appropriate
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authority of a state of the United States
or a province of Canada.
*
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*
■ 15. In § 171.22, revise paragraph (f)(4)
to read as follows:
§ 171.22 Authorization and conditions for
the use of international standards and
regulations.
*
*
*
*
*
(f) * * *
(4) Each person who provides for
transportation or receives for
transportation (see §§ 174.24, 175.30,
176.24, and 177.817 of this subchapter)
a shipping paper must retain a copy of
the shipping paper or an electronic
image thereof that is accessible at or
through its principal place of business
in accordance with § 172.201(e) of this
subchapter. The shipping paper shall be
made readily accessible for inspection
to an authorized official of a federal,
state, or local government agency.
*
*
*
*
*
■ 16. In § 171.23, revise paragraphs
(b)(5) introductory text and (b)(5)(iii) to
read as follows:
§ 171.23 Requirements for specific
materials and packagings transported
under the ICAO Technical Instructions,
IMDG Code, Transport Canada TDG
Regulations, or the IAEA Regulations.
*
*
*
*
*
(b) * * *
(5) Hazardous substances. A material
meeting the definition of a hazardous
substance, as defined in § 171.8, must
conform to the shipping paper
requirements in § 172.203(c) of this
subchapter. Non-bulk packages must be
marked in accordance with the
requirements in § 172.324 of this
subchapter:
*
*
*
*
*
(iii) The letters ‘‘RQ’’ must be entered
on the shipping paper either before or
after the basic description and marked
on a non-bulk package in association
with the proper shipping name for each
hazardous substance listed.
*
*
*
*
*
PART 172—HAZARDOUS MATERIALS
TABLE, SPECIAL PROVISIONS,
HAZARDOUS MATERIALS
COMMUNICATIONS, EMERGENCY
RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY
PLANS
17. The authority citation for part 172
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96 and 1.97.
18. In § 172.101, revise paragraph (j)
introductory text to read as follows:
■
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§ 172.101 Purpose and use of the
hazardous materials table.
*
*
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*
*
(j) Column 9: Quantity limitations.
Columns 9A and 9B specify the
maximum quantities that may be offered
for transportation in one package by
passenger-carrying aircraft or passengercarrying rail (Column 9A) or by cargo
aircraft only (Column 9B), subject to the
following:
*
*
*
*
*
■ 19. In § 172.102, revise paragraph
(c)(1), special provision 13 and
paragraph (c)(3), special provision B45
to read as follows:
§ 172.102
Special provisions.
*
*
*
*
*
(c) * * *
(1) * * *
13 The words ‘‘Inhalation Hazard’’
shall be entered on each shipping paper
in association with the shipping
description, shall be marked on each
non-bulk package in association with
the proper shipping name and
identification number, and shall be
marked on two opposing sides of each
bulk package. The size of a marking on
a bulk package must conform to
§ 172.302(b) of this subchapter. In
addition, security plan requirements in
part 172, subpart I, apply. The
requirements of §§ 172.203(m) and
172.505 of this subchapter do not apply.
*
*
*
*
*
(3) * * *
B45 Each tank must have a reclosing
combination pressure relief device,
equipped with stainless steel or
platinum rupture discs, approved by a
tank car Design Certifying Engineer.
*
*
*
*
*
■ 20. In § 172.303, add paragraph (b)(4)
to read as follows:
§ 172.303
Prohibited marking.
*
*
*
*
*
(b) * * *
(4) The display of a BIOHAZARD
marking, a ‘‘HOT’’ marking, or a sour
crude oil hazard marking in accordance
with §§ 172.323(c), 172.325(c), or
172.327(a), of this part, respectively.
■ 21. In § 172.328, revise paragraph (d)
to read as follows:
§ 172.328
Cargo tanks.
*
*
*
*
*
(d) Emergency shutoff marking. For
all cargo tank motor vehicles subject to
emergency remote shutoff device
requirements in accordance with this
subchapter, each on-vehicle manuallyactivated remote shutoff device for
closure of the internal or external selfclosing stop valve must be identified by
marking ‘‘Emergency Shutoff’’ in letters
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at least 0.75 inches in height, in a color
that contrasts with its background, and
located in an area immediately adjacent
to the means of closure.
*
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*
*
■ 22. In § 172.336, revise the table in
paragraph (c) to read as follows:
§ 172.336 Identification numbers; special
provisions.
*
*
*
(c) * * *
*
*
Packaging:
When:
Then the alternative marking requirement is:
On the ends of portable tanks, cargo
tanks, or tank cars.
The identification numbers on the sides of the tank are
displayed in the same sequence as the compartments containing the materials they identify.
On cargo tanks ...........................................
They have more than one compartment
and hazardous materials with different
identification numbers are being transported therein.
They contain only gasoline .......................
On cargo tanks ...........................................
They contain only fuel oil ..........................
On one end of nurse tanks if that end con- They meet the provisions of § 173.315(m)
tains valves, fittings, regulators or
of this subchapter.
gauges when those appurtenances prevent the markings and placard from
being properly placed and visible.
On each compartment of compartmented
The cargo tank or tank car contains more
cargo tanks or compartmented tank cars.
than one petroleum distillate fuel.
On cargo tanks (including compartmented
cargo tanks).
They transport more than one petroleum
distillate fuel in different trips on the
previous or current business day.
*
*
*
*
*
23. In § 172.504, revise paragraph (b)
to read as follows:
■
§ 172.504 General placarding
requirements.
*
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(b) DANGEROUS placard. A freight
container, unit load device, transport
vehicle, or rail car that contains nonbulk packages with two or more
categories of hazardous materials that
require different placards specified in
table 2 of paragraph (e) of this section
may be placarded with a DANGEROUS
placard instead of the separate
placarding specified for each of the
materials in table 2 of paragraph (e) of
this section. However, the DANGEROUS
placard may not be used under the
following conditions:
(1) When 1,000 kg (2,205 pounds)
aggregate gross weight or more of one
category of material is loaded therein at
one loading facility on a freight
container, unit load device, transport
vehicle, or rail car, the placard specified
in table 2 of paragraph (e) of this section
for that category must be applied; or
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The tank is marked ‘‘Gasoline’’ on each side and rear
in letters no less than 50 mm (2 inches) high or is
placarded in accordance with § 172.542(c).
The cargo tank is marked ‘‘Fuel Oil’’ on each side and
rear in letters no less than 50 mm (2 inches) high, or
is placarded in accordance with § 172.544(c).
N/A.
The identification number for the liquid petroleum distillate fuel having the lowest flash point in any one
compartment is displayed. However, if a cargo tank
or tank car compartment contains gasoline and alcohol fuel blends consisting of more than 10% ethanol
the identification number ‘‘3475’’ or ‘‘1987,’’ as appropriate, must also be displayed for that compartment.
The identification number for the liquid petroleum distillate fuel having the lowest flash point transported in
that previous or current business day is displayed. If
the cargo tank contains gasoline and alcohol fuel
blends consisting of more than 10% ethanol, the
identification number ‘‘3475’’ or ‘‘1987,’’ as appropriate, must also be displayed, and the identification
numbers ‘‘3475’’ or ‘‘1987,’’ may only be displayed if
the material is present in the cargo tank during transportation.
(2) When a hazardous material is
transported by vessel.
*
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*
■ 24. In § 172.516, revise paragraph (d)
to read as follows:
§ 172.516 Visibility and display of
placards.
*
*
*
*
*
(d) Recommended specifications for a
placard holder are set forth in Appendix
C of this part. Except for a placard
holder similar to that contained in
Appendix C to this part or contained in
Appendix C to this part prior to
[EFFECTIVE DATE OF THE FINAL
RULE], the means used to attach a
placard may not obscure any part of its
surface other than the borders.
*
*
*
*
*
■ 25. In § 172.704:
■ a. Add paragraph (a)(2)(iii); and
■ b. Revise paragraph (e)(1). The
revision and addition read as follows:
§ 172.704
Training requirements.
(a) * * *
(2) * * *
(iii) For hazardous materials
employees transporting hazardous
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materials by highway, function specific
training must include the training
requirements of § 177.816, as applicable.
*
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*
(e) * * *
(1) A hazmat employee who
manufactures, repairs, modifies,
reconditions, or tests packagings, as
qualified for use in the transportation of
hazardous materials, and who does not
perform any other function subject to
the requirements of this subchapter, is
not subject to the training requirements
of paragraphs (a)(3) and (a)(4) of this
section.
*
*
*
*
*
■ 26. In § 172.820, add paragraph (d)(3)
to read as follows:
§ 172.820 Additional planning
requirements for transportation by rail.
*
*
*
*
*
(d) * * *
(3) If the rail carrier determines that
no practicable alternative route exists,
including consideration of interchange
agreements, the requirements of
paragraphs (d)(1) and (d)(2) do not
apply. The rail carrier must describe, in
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writing, the remediation or mitigation
measures to be implemented, if any, on
the primary route in conformance with
§ 172.820(d)(1)(iii) and certify that an
alternative route does not exist for a
given primary route.
*
*
*
*
*
■ 27. Revise appendix C to part 172 to
read as follows:
Appendix C to Part 172—Dimensional
Specifications for Recommended
Placard Holder
Legend
in.
--
4.8
114
6.3
318
9.5
112
12.7
3.14
19
1112
38
1518
41
1718
48
2118
54
2318
60
4
102
9718
250
11518
295
Nate: Round to
3'16
114'" on all
nearest mm.
PART 173—SHIPPERS—GENERAL
REQUIREMENTS FOR SHIPMENTS
AND PACKAGINGS
28. The authority citation for part 173
continues to read as follows:
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■
Authority: 49 U.S.C. 5101–5128, 44701; 49
CFR 1.81, 1.96 and 1.97.
29. In § 173.31, revise paragraphs
(a)(2), (d) and (g)(1) to read as follows:
■
§ 173.31
Use of tank cars.
(a) * * *
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(2) Tank cars and appurtenances may
be used for the transportation of any
commodity for which they are
authorized in this part and specified on
the Design Approval Certificate or for
tank cars constructed prior to [DATE
ONE YEAR FROM EFFECTIVE DATE],
the certificate of construction (AAR
Form 4–2 or by addendum on Form R–
1). See § 179.5 of this subchapter.
Transfer of a tank car from one specified
service on its certificate of construction
or Design Approval Certificate to
another may be made only by the owner
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or with the owner’s authorization. A
tank car proposed for a commodity
service other than specified on its
certificate of construction or Design
Approval Certificate must be approved
for such service by a Design Certifying
Engineer.
*
*
*
*
*
(d) Pre-transportation closure,
securement, and examination of tank
cars. Prior to transportation, each
person who offers a tank car carrying
hazardous material must ensure the tank
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car is closed, secured, and inspected in
accordance with this section.
(1) Securement of closures on tank
cars. The offeror must have and follow
a written procedure for closing and
securing all openings on a tank car prior
to shipment. The person responsible for
developing or updating the procedure
must consider available best practices
and guidance from each packaging and
component supplier, such as service
equipment manufacturer, gasket
manufacturer, tank car owner, or other
product-specific closure manufacturer.
The procedure must be periodically
reviewed and updated to reflect changes
or modifications that impact the
securement of closures, but not later
than every two years.
(2) Pre-trip Inspection. No person may
offer for transportation a tank car
containing a hazardous material or a
residue of a hazardous material unless
that person determines that the tank car
is in proper condition and safe for
transportation. As a minimum, each
person offering a tank car for
transportation must perform an external
visual inspection that includes:
(i) Except where insulation or a
thermal protection system precludes an
inspection, the tank shell and heads for
abrasion, corrosion, cracks, dents,
distortions, defects in welds, or any
other condition that makes the tank car
unsafe for transportation;
(ii) The piping, valves, fittings, and
gaskets for corrosion, damage, or any
other condition that makes the tank car
unsafe for transportation;
(iii) For missing or loose bolts, nuts,
or elements that make the tank car
unsafe for transportation;
(iv) All closures on tank cars and
determine that the closures and all
fastenings securing them are properly
tightened in place by the use of a bar,
wrench, or other suitable tool;
(v) Protective housings for proper
securement;
(vi) The pressure relief device,
including a careful inspection of the
rupture disc in non-reclosing pressure
relief devices, for corrosion or damage
that may alter the intended operation of
the device. The rupture disc is not
required to be removed prior to visual
inspection if the tank car contains the
residue, as defined in § 171.8 of this
subchapter, of a Class 8, PG II or PG III
material with no subsidiary hazard or
the residue of a Class 9 elevated
temperature material;
(vii) Each tell-tale indicator after
filling and prior to transportation to
ensure the integrity of the rupture disc;
(viii) The external thermal protection
system, tank-head puncture resistance
system, coupler vertical restraint
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system, and bottom discontinuity
protection for conditions that make the
tank car unsafe for transportation;
(ix) The required markings on the
tank car for legibility; and
(x) The periodic inspection date
markings to ensure that the inspection
and test intervals are within the
prescribed intervals.
(3) Design of Closures. Closures on
tank cars are required, in accordance
with this subchapter, to be designed and
closed so that under conditions
normally incident to transportation,
including the effects of temperature and
vibration, there will be no identifiable
release of a hazardous material to the
environment. In any action brought to
enforce this section, the lack of
securement of any closure to a tool-tight
condition, detected at any point, will
establish a rebuttable presumption that
a proper inspection was not performed
by the offeror of the car. That
presumption may be rebutted by any
evidence indicating that the lack of
securement resulted from a specific
cause not within the control of the
offeror.
*
*
*
*
*
(g) * * *
(1) Except as provided in (g)(1)(i),
each hazmat employee who is
responsible for loading or unloading a
tank car must ensure the track is secure
to prevent access by other rail
equipment, including motorized service
vehicles. The mechanism used to satisfy
this requirement must be under direct
control of the hazmat employee
responsible for the loading or unloading
operation and must be locked so that
only the employee responsible for the
product transfer operation may remove
it. The means of protection under this
section must be capable of stopping or
diverting rail equipment to prevent
contact with the tank car or equipment
that is part of the transfer operation.
This requirement must be satisfied by
lining each switch providing access to
the loading/unloading area away from
the unloading operation and securing
each switch with an effective locking
device; using a derail when locked in a
derailing position with an effective
locking device on the track providing
direct access to the tank car that is being
loaded or unloaded; by using other
means that provide an equivalent level
of security; or, a combination of the
above.
(i) Equipment may be used to
reposition rolling equipment on this
track after the protection has been
removed under the following
conditions:
(A) The equipment is operated by an
authorized employee under the
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85661
direction of the hazmat employee who
is responsible for loading or unloading
the tank car;
(B) The hazmat employee who is
responsible for loading or unloading the
tank car on the affected track has been
notified;
(C) The rolling equipment must not
couple into the tank car being loaded/
unloaded; and
(D) The protection must be restored
immediately after the repositioning has
been completed.
(ii) [Reserved]
*
*
*
*
*
■ 30. In § 173.150, revise paragraph
(f)(3)(viii) to read as follows:
§ 173.150 Exceptions for Class 3
(flammable and combustible liquids).
*
*
*
*
*
(f) * * *
(3) * * *
(viii) The requirements of §§ 173.1,
173.21, 173.24, 173.24a, 173.24b, 174.1,
177.804, 177.817, 177.834(j), 177.837(c)
and 177.837(d) of this subchapter;
*
*
*
*
*
■ 31. In § 173.159, revise paragraphs
(e)(2), (e)(4), and (e)(5), and add
paragraph (e)(6) to read as follows:
§ 173.159
Batteries, wet.
*
*
*
*
*
(e) * * *
(2) The batteries must be loaded or
braced so as to prevent damage and
short circuits while in transit, in a
manner that secures the batteries against
shifting, including relative motion
between packages, under conditions
normally incident to transportation;
*
*
*
*
*
(4) Except for the purpose of
consolidating shipments of batteries for
recycling, the transport vehicle may not
carry material shipped by any person
other than the shipper of the batteries;
(5) The offeror must inform persons
loading the batteries and the operator of
the vehicle transporting batteries of the
requirements of this paragraph; and
(6) Shipments made under this
paragraph are subject to the incident
reporting requirements in § 171.15.
*
*
*
*
*
■ 32. In § 173.241, revise paragraph (a)
introductory text to read as follows:
§ 173.241 Bulk packagings for certain low
hazard liquid and solid materials.
*
*
*
*
*
(a) Rail cars: Class DOT 103, 104, 105,
109, 111, 112, 114, 115, 117, or 120 tank
car tanks; and Class 106 or 110 multiunit tank car tanks. AAR Class 203W,
206W, and 211W tank car tanks are also
authorized. AAR Class 203W, 206W,
and 211W tank car tanks built after
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[DATE ONE YEAR FROM EFFECTIVE
DATE] must be as prescribed in AAR
Specifications for Tank Cars Chapter 3
(IBR, see § 171.7 of this subchapter).
Additional operational requirements
apply to high-hazard flammable trains
(see § 171.8 of this subchapter) as
prescribed in § 174.310 of this
subchapter. Except as otherwise
provided in this section, DOT
Specification 111 tank cars and DOT
Specification 111 tank cars built to the
CPC–1232 industry standard are no
longer authorized to transport Class 3
(flammable) liquids in Packing Group
III, unless retrofitted to the DOT
Specification 117R retrofit standards or
the DOT Specification 117P
performance standards provided in part
179, subpart D of this subchapter.
*
*
*
*
*
■ 33. In § 173.242, revise paragraph (a)
introductory text to read as follows:
§ 173.242 Bulk packagings for certain
medium hazard liquids and solids,
including solids with dual hazards.
*
*
*
*
*
(a) Rail cars: Class DOT 103, 104, 105,
109, 111, 112, 114, 115, 117, or 120 tank
car tanks and Class 106 or 110 multiunit tank car tanks. AAR Class 206W
tank car tanks are also authorized. AAR
Class 206W tank car tanks built after
[DATE ONE YEAR FROM EFFECTIVE
DATE] must be as prescribed in AAR
Specifications for Tank Cars Chapter 3
(IBR, see § 171.7 of this subchapter).
Additional operational requirements
apply to high-hazard flammable trains
(see § 171.8 of this subchapter) as
prescribed in § 174.310 of this
subchapter. Except as otherwise
provided in this section, DOT
Specification 111 tank cars and DOT
Specification 111 tank cars built to the
CPC–1232 industry standard are no
longer authorized to transport unrefined
petroleum products, ethanol, and other
§ 173.315(n)(1)(*)
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*
(iii) ........................
Class 3 (flammable) liquids in Packing
Group II or III, unless retrofitted to the
DOT Specification 117R retrofit
standards, or the DOT Specification
117P performance standards provided
in part 179, subpart D of this
subchapter.
*
*
*
*
*
■ 34. In § 173.247, revise paragraph (a)
introductory text to read as follows:
§ 173.247 Bulk packaging for certain
elevated temperature materials.
*
*
*
*
*
(a) Rail cars: Class DOT 103, 104, 105,
109, 111, 112, 114, 115, or 120 tank car
tanks; Class DOT 106, 110 multi-unit
tank car tanks; AAR Class 203W, 206W,
211W tank car tanks; and non-DOT
specification tank car tanks equivalent
in structural design and accident
damage resistance to specification
packagings. AAR Class 203W, 206W,
and 211W tank car tanks constructed
after [DATE ONE YEAR FROM
EFFECTIVE DATE] must be as
prescribed in AAR Specifications for
Tank Cars Chapter 3 (IBR, see § 171.7 of
this subchapter).
*
*
*
*
*
§ 173.314
§ 173.315 Compressed gases in cargo
tanks and portable tanks.
*
*
*
*
*
(h) Each cargo tank and portable tank,
except a tank filled by weight (see
Hazardous material
*
Anhydrous ammonia either
Division 2.2 or 2.3.
Anhydrous Ammonia, either
Division 2.2 or 2.3.
*
Anhydrous Ammonia, either
Division 2.2 or 2.3.
Anhydrous Ammonia, either
Division 2.2 or 2.3.
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[Amended]
35. In § 173.314, remove and reserve
paragraph (b)(4).
■ 36. In § 173.315:
■ a. Revise the first sentence of
paragraph (h) introductory text,
paragraphs (i)(13), (j)(1) introductory
text, (m)(1)(vi), (m)(1)(vii);
■ b. Add paragraph (m)(1)(viii); and
■ c. Revise the table in paragraph (n)(1).
The revisions and addition read as
follows:
■
PO 00000
paragraph (e) of this section), must be
equipped with one or more of the
gauging devices described in the
following table which indicate
accurately the maximum permitted
liquid level (for purposes of the
following table, a column entry with
‘‘do’’ indicates ‘‘same as above’’). * * *
*
*
*
*
*
(i) * * *
(13) A pressure relief device on a
chlorine cargo tank must conform to one
of the drawings in The Chlorine
Institute, Inc. Pamphlet 49,
‘‘Recommended Practices for Handling
Chlorine Bulk Highway Transports’’
(IBR, see § 171.7 of this subchapter).
(j) * * *
(1) Storage containers for liquefied
petroleum gas charged to five percent of
their capacity or less and intended for
permanent installation on consumer
premises may be shipped by private
motor carrier under the following
conditions:
*
*
*
*
*
(m) * * *
(1) * * *
(vi) Is securely mounted on a farm
wagon or meets paragraph (m)(3) of this
section;
(vii) Is in conformance with the
requirements of part 172 of this
subchapter except that shipping papers
are not required; and it need not be
marked or placarded on one end if that
end contains valves, fittings, regulators,
or gauges when those appurtenances
prevent the markings and placard from
being properly placed and visible; and
(viii) For tanks manufactured after
[DATE 90 DAYS FROM EFFECTIVE
DATE], the cargo tank must be subjected
to full post weld heat treatment.
*
*
*
*
*
(n) * * *
(1) * * *
Delivery service
Required emergency
discharge control capability
*
Other than metered delivery
service.
Metered delivery service,
13,247 L (3,500 water gallons) or less.
Metered delivery service,
over 13,247 L (3,500
water gallons).
Both metered delivery service and other than metered delivery service, over
13,247 L (3,500 water gallons).
*
*
Paragraph (n)(2) of this section.
Paragraph (n)(3) of this section.
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Paragraph (n)(3) of this section; and
Paragraph (n)(2) of this section, provided the system
operates for both metered
and other than metered
delivery service; or (n)(2)
and (n)(3).
E:\FR\FM\28OCP2.SGM
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Obstructed view deliveries
under § 177.840(p) of this
subchapter
*
Paragraph (n)(2) or (n)(4) of
this section.
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§ 173.315(n)(1)(*)
Hazardous material
Delivery service
Required emergency
discharge control capability
(iv) ........................
Division 2.2 with a subsidiary
hazard.
Division 2.2 with a subsidiary
hazard.
Other than metered delivery
service.
Metered delivery service,
13,247 L (3,500 water gallons) or less.
Metered delivery service,
over 13,247 L (3,500
water gallons).
Other than metered delivery
service.
Metered delivery service,
13,247 L (3,500 water gallons) or less.
Metered delivery service,
over 13,247 L (3,500
water gallons).
Paragraph (n)(2) of this section.
Paragraph (n)(3) of this section.
Division 2.2 with a subsidiary
hazard.
(v) .........................
Division 2.1 ...........................
Division 2.1 ...........................
Division 2.1 ...........................
*
*
*
*
*
37. In § 173.320, revise paragraphs (a)
introductory text and (b) introductory
text to read as follows:
■
§ 173.320
Cryogenic liquids; exceptions.
(a) Cryogenic liquids authorized to
use this section by Column 8(A) of the
§ 172.101 Hazardous Materials Table of
this subchapter, which are transported
in Dewar flasks, insulated cylinders,
insulated portable tanks, insulated cargo
tank motor vehicles, and insulated tank
cars that have been designed and
constructed so that the pressure in such
packagings will not exceed 25.3 psig
under ambient temperature conditions
during transportation, are not subject to
the requirements of this subchapter
when transported by motor vehicle or
railcar except for:
*
*
*
*
*
(b) The requirements of this
subchapter do not apply to cryogenic
liquids authorized to use this section by
Column 8(A) of the § 172.101 Hazardous
Materials Table of this subchapter:
*
*
*
*
*
PART 174—CARRIAGE BY RAIL
38. The authority citation for part 174
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 33 U.S.C.
1321; 49 CFR 1.81 and 1.97.
39. In § 174.9, revise paragraph (a) and
add paragraph (e) to read as follows:
■
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§ 174.9 Safety and security inspection and
acceptance.
(a) At each location where a
hazardous material is accepted for
transportation or placed in a train, the
carrier must inspect each rail car
containing the hazardous material, at
ground level, for required markings,
labels, placards, securement of closures,
and leakage. These inspections may be
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Paragraph (n)(3) of this section; and
Paragraph (n)(3) of this section;
Movements to be expedited.
(a) A carrier must forward each
shipment of hazardous materials
promptly and within 48 hours
(Saturdays, Sundays, and holidays
excluded), after acceptance at the
originating point or receipt at any yard
or interchange point. Exceptions from
the requirement to forward a shipment
within 48 hours are as follows and the
carrier must keep a record of the delay
of a shipment in accordance with one of
these exceptions:
(1) When only biweekly or weekly
service is performed, a shipment of
hazardous materials must be forwarded
on the first available train;
(2) Where circumstances preclude
delivery to the consignee destination
listed on the shipping paper (e.g.,
excessive railcar congestion on private
track), railcars may be temporarily held
until alternative disposition is obtained,
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Obstructed view deliveries
under § 177.840(p) of this
subchapter
Paragraph (n)(2) or (n)(4) of
this section.
Paragraph (n)(2) of this section.
Paragraph (n)(3) of this section.
performed in conjunction with
inspections required under 49 CFR parts
215 and 232.
*
*
*
*
*
(e) In an action brought to enforce this
section, a train found departing a
location where the hazardous material is
accepted for transportation or placed in
a train with improper hazard
communication, unapplied closures, or
leaking hazardous material, which is
readily apparent from the ground level,
will establish a rebuttable presumption
that a proper inspection was not
performed by the carrier. The
presumption may be rebutted by any
evidence indicating that the improper
hazard communication, unapplied
closures, or leaking hazardous material
resulted from a specific cause not
identifiable by the carrier during the
inspection.
■ 40. In § 174.14, revise paragraph (a) to
read as follows:
§ 174.14
85663
Paragraph (n)(2) or (n)(4) of
this section.
or the circumstances precluding
delivery are resolved; or
(3) Where the shipment contains only
the residue of a hazardous material.
*
*
*
*
*
§ § 174.16 and 174.20
Reserve]
[Remove and
41. Remove and reserve §§ 174.16 and
174.20.
■ 42. In § 174.24, revise paragraph (b) to
read as follows:
■
§ 174.24
Shipping papers.
*
*
*
*
*
(b) Each person receiving a shipping
paper required by this section must
retain a copy or an electronic image
thereof, that is accessible at or through
its principal place of business and must
make the shipping paper available,
upon request, to an authorized official
of a Federal, State, or local government
agency at reasonable times and
locations. In non-emergency
circumstances, the shipping paper must
be made available no later than close of
business the following business day
from the time of the request. For a
hazardous waste, each shipping paper
copy must be retained for three years
after the material is accepted by the
initial carrier. For all other hazardous
materials, each shipping paper copy
must be retained for one year after the
material is accepted by the initial
carrier. Each shipping paper copy must
include the date of acceptance by the
initial carrier. The date on the shipping
paper may be the date a shipper notifies
the rail carrier that a shipment is ready
for transportation, as indicated on the
waybill or bill of lading, as an
alternative to the date the shipment is
picked up, or accepted, by the carrier.
■ 43. Revise § 174.50 to read as follows:
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§ 174.50 Nonconforming or leaking
packages.
(a) Applicability. (1) Except as
otherwise provided in paragraph (b) of
this section, a rail car in hazardous
material service that is not able to retain
its contents in accordance with § 173.24
of this subchapter or a DOT
specification tank car that does not
conform to this subchapter may not be
moved in transportation unless
approved for movement by the
Associate Administrator for Safety,
Federal Railroad Administration.
(2) A leaking non-bulk package may
not be forwarded until repaired,
reconditioned, or overpacked in
accordance with § 173.3 of this
subchapter.
(b) Exceptions. (1) A leaking bulk
package containing hazardous material
may be moved without repair or
approval only so far as necessary to
reduce or eliminate an immediate threat
of harm to human health or the
environment when it is determined its
movement would provide greater safety
than allowing the bulk package to
remain in place. In the case of a liquid
leak, the company in possession of the
bulk package must take measures to
prevent the spread of the liquid.
(2) A non-conforming rail car that
does not contain any hazardous material
may be moved without repair or
approval, provided the non-conforming
condition does not affect the structural
integrity of the rail car.
(3) A rail car containing a hazardous
material that is found during the course
of transportation to be overloaded by
weight by 3,000 pounds or less of the
maximum gross weight on rail (MGWR)
when weighed on a weigh-in-motion
scale, or a rail car containing a
hazardous material that is found to be
overloaded by weight by 1,000 pounds
or less of the rail car’s MGWR when
weighed on a static scale. These
tolerances apply to a rail car that the
railroad operator discovers to be loaded
above the rail car’s MGWR during the
course of transportation. This does not
authorize the original offeror to
knowingly offer a rail car for
transportation when the pretransportation calculations or scale
weight exceed the MGWR of the rail car.
(4) For cross-border movements to or
from Canada, a rail car in hazardous
material service that is not able to retain
its contents in accordance with § 173.24
of this subchapter or a DOT
specification tank car moved in
accordance with the TDG Regulations
(see § 171.12), or a Temporary
Certificate issued by the Competent
Authority of Canada, as applicable.
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(c) Approval Process. To apply for a
One-Time Movement Approval, follow
the guidance in FRA’s guide for
requesting a One-Time Movement
Approval (HMG–127) and the
requirements set forth in this section, as
applicable.
(d) General One-Time Movement
Approval Requirements. These general
requirements apply to the grantee of an
approval for a non-conforming rail car
for transportation under the terms of a
One-Time Movement Approval issued
by FRA in accordance with this section.
(1) Marking. Prior to moving a nonconforming rail car, regardless of the
lading, the rail car must have the
following or similar wording applied to
both sides of the rail car in a stencil,
decal, or tag that is readily visible. This
requirement does not apply to tank cars
moved under a One-Time Movement
Approval issued for rail cars that are
overloaded by weight. The stencil,
decal, or tag required by this paragraph
must not be removed until appropriate
repairs are made to the rail car. Rail cars
with defective service equipment must
also tag the specific equipment (e.g.,
valve or fitting) with the following
wording or alternative wording that
conveys a similar message.
HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
(2) Notification. Each approval
grantee must:
(i) Notify the owner of the rail car that
it is being moved under the terms of a
One-Time Movement Approval;
(ii) Ensure the consignee or final
destination facility has been notified
and will accept the non-conforming rail
car and be willing and capable of
unloading the lading, if necessary, to
perform the required maintenance. For
tank cars, a tank car facility, either fixed
or mobile, must perform the required
maintenance at the destination
indicated in the application;
(iii) Ensure that the cleaning facility is
capable of cleaning the rail car if the
non-conforming rail car contains a
hazardous material and requires
movement to a cleaning facility prior to
movement for repair;
(iv) Ensure that each rail carrier that
will handle the defective rail car in
transportation has been notified and
will accept the non-conforming rail car
for transportation; and
(v) Ensure that shipping
documentation transmitted to the initial
rail carrier involved in the movement of
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the non-conforming shipment identifies
that the rail car is moving under a OneTime Movement Approval.
(3) Recordkeeping. The approval
grantee is required to maintain a copy
or an electronic image of the One-Time
Movement Approval and must make the
information available upon request to
FRA personnel. The One-Time
Movement Approval must be retained
for one year from the date of issuance
of the approval.
(4) Routing. The approval grantee and
the rail carrier(s) involved in the
movement of the non-conforming rail
car must consider the nature of the nonconformance and select the most
appropriate route to the nearest cleaning
facility and rail car repair facility
capable of performing the required
cleaning and/or repairs.
(5) Root Cause Analysis. A
recommended format for a root cause
analysis report is provided as an
Appendix in the FRA guidance on
applying for a One-Time Movement
Approval.
(i) If FRA requires a root cause
analysis for a non-conforming rail car,
the grantee is responsible for notifying
the rail car owner of the requirement
and coordinating with the rail car owner
to determine disposition of the rail car.
(ii) If FRA requires a root cause
analysis for an overloaded rail car, the
grantee is responsible for notifying the
facility that loaded and offered the rail
car of the requirement to provide FRA
with a root cause analysis.
(e) Compliance Responsibility. (1) The
person who offers the rail car into
transportation and the grantee of the
One-Time Movement Approval are
responsible for ensuring compliance
with all applicable requirements
specified in this section and the OneTime Movement Approval.
(2) FRA may issue written notification
to any entity found to be non-compliant
with the requirements of this section or
the conditions of the One-Time
Movement Approval. This written
notification may require the entity to
submit all future One-Time Movement
Approval requests as a Category 1 OneTime Movement Approval regardless of
the identified non-conforming condition
with the rail car. This limitation will
apply to the particular entity until
otherwise notified in writing by the
FRA.
■ 44. Add § 174.58 to read as follows:
§ 174.58
Residue shipment.
As referenced in the § 171.8 definition
of residue, the phrase ‘‘extent
practicable’’ means an unloading facility
has unloaded a bulk package using
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properly functioning service equipment
and plant process equipment.
■ 45. Revise § 174.59 to read as follows:
§ 174.59
cars.
Marking and placarding of rail
No person may transport a rail car
carrying hazardous materials unless it is
marked and placarded as required by
this subchapter. Required placards lost
in transit must be replaced at the nearest
inspection point in the direction of
travel where mechanical personnel
responsible for inspections related to 49
CFR parts 215 and 232 are on duty, and
non-compliant placards must be
removed at the next terminal in the
direction of travel where the train is
classified. For Canadian shipments,
required placards lost in transit must be
replaced either by those required by part
172 of this subchapter or by those
authorized under § 171.12.
■ 46. In § 174.63, revise the section
heading, and paragraphs (b), (c)(1), and
(c)(2) to read as follows:
§ 174.63 Requirements for rail transport of
Portable tanks, IM portable tanks, IBCs,
Large Packagings, cargo tanks, and multiunit tank car tanks in TOFC/COFC Service.
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*
*
*
*
*
(b) A bulk packaging containing a
hazardous material (including IM 101
and IM 102 portable tanks when
appropriate according to dimensions
and weight distribution) may be
transported inside a fully closed
transport vehicle or fully closed freight
container provided it is properly
secured with a restraint system that will
prevent it from changing position,
sliding into other packages, or
contacting the side or end walls
(including doors) under conditions
normally incident to transportation.
(c) * * *
(1)(i) The bulk packaging contains a
material packaged in accordance with
§§ 173.240, 173.241, 173.242, 173.243,
or 173.247; or
(ii) The bulk packaging contains a
Division 2.2 material not specifically
provided for in the § 173.315(a)(2) table
and packaged in accordance with
§ 173.315;
(2) The bulk packaging must comply
with the applicable requirements of the
HMR concerning its specification, if
applicable for the material it contains,
and the rail car must comply with the
applicable regulatory requirements for
the type of rail car being used.
*
*
*
*
*
■ 47. Revise § 174.67 to read as follows:
§ 174.67
Tank car transloading.
(a) General requirements. (1)
Transloading operations must be
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performed by hazmat employees who
are properly trained in the loading and
unloading of hazardous materials and
are made responsible for compliance
with this section and §§ 173.31(d) and
(g) of this subchapter.
(2) When placed for transloading and
before unsecuring any closure, a tank
car must be protected against motion or
coupling in accordance with § 173.31(g).
(3) [Reserved]
(4) [Reserved]
(5) The transloading facility operator
must maintain and adhere to written
safety procedures—such as those it may
already be required to maintain
pursuant to the Department of Labor’s
Occupational Safety and Health
Administration requirements in 29 CFR
1910.119 and 1910.120—in a location
where they are immediately available to
hazmat employees responsible for the
transloading operation. The procedures
must include measures to address the
safe handling and operation of the tank
car and tank car service equipment, as
well as account for physical and
chemical properties of the lading being
transloaded. At a minimum, the
transloading procedures required by this
paragraph must include provisions that
address the following:
(i) Temperature monitoring and
pressure relief;
(ii) Safe operation of the tank car for
product loading or unloading;
(iii) Proper disposal of used seals and
other debris;
(iv) Measures to avoid spillage of
contents outside the tank;
(v) Operation of tank car service
equipment;
(vi) Proper removal of product plugs
that prevent adequate operation of the
valves and equipment; and
(vii) Proper tool maintenance
measures including the types of tools to
use, calibration, cleanliness, and
instructions on use.
(6) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) Connections for transloading
equipment must be securely attached
before any valves are opened.
(i) Throughout the entire period of
transloading and while a tank car has
transloading equipment attached, the
facility operator must assure that the
tank car is:
(1) Attended by a designated hazmat
employee who is physically present and
who has an unobstructed view of the
transloading operation; or
(2) Monitored by a signaling system
(e.g., video system, sensing equipment,
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85665
or mechanical equipment) that is
observed by a designated hazmat
employee located either in the
immediate area of the tank car or at a
remote location within the facility, such
as a control room. The signaling system
must—
(i) Provide a level of surveillance
equivalent to that provided in paragraph
(i)(1) of this section; and
(ii) Provide immediate notification to
a designated hazmat employee of any
system malfunction or other emergency
so that, if warranted, responsive actions
may be initiated immediately.
(j) Attendance is not required when
piping is attached to a top outlet of a
tank car, equipped with a protective
housing required under § 179.100–12 of
this subchapter, for transfer of lading
under the following conditions:
(1) All valves are tightly closed.
(2) The piping is not connected to
hose or other product transfer
equipment and is fitted with a cap or
plug of appropriate material and
construction.
(3) The piping extends no more than
15.24 centimeters (6 inches) from the
outer edge of the protective housing.
(k) In the absence of the transloader,
a tank car may stand with transloading
connections attached when no product
is being transferred under the following
conditions:
(1) The facility operator must
designate a hazmat employee
responsible for on-site monitoring of the
transfer facility. The designated hazmat
employee must be made familiar with
the nature and properties of the product
contained in the tank car; procedures to
be followed in the event of an
emergency; and, in the event of an
emergency, have the ability and
authority to take responsible actions.
(2) When a signaling system is used
in accordance with paragraph (i) of this
section, the system must be capable of
alerting the designated hazmat
employee in the event of an emergency
and providing immediate notification of
any monitoring system malfunction. If
the monitoring system does not have
self-monitoring capability, the
designated hazmat employee must
check the monitoring system hourly for
proper operation.
(3) The tank car and facility shutoff
valves must be secured in the closed
position.
(4) Brakes must be set, and wheels
locked, in accordance with § 173.31(g)
of this subchapter.
(5) Access to the track must be
secured in accordance with § 173.31(g)
of this subchapter.
(l) Once the transloading operation is
complete, all tank car valves and
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closures must be secured in accordance
with § 173.31(d) of this subchapter. The
tank car then must be inspected by a
designated hazmat employee in
accordance with § 173.31(d) of this
subchapter before it is released to the
rail carrier for continued movement.
(m) Railroad defect cards may not be
removed.
(n) [Reserved]
(o) [Reserved]
■ 48. In § 174.81, revise paragraph
(g)(3)(iv) to read as follows:
§ 176.340
tanks.
Combustible liquids in portable
*
§ 174.81 Segregation of hazardous
materials.
*
*
*
*
*
(g) * * *
(3) * * *
(iv) ‘‘4’’ means detonators, detonating
assemblies, and boosters with
detonators may not be loaded in the
same car with Division 1.1 and 1.2
(explosive) materials (except other
detonators, detonating assemblies, and
boosters with detonators).
*
*
*
*
*
*
*
*
*
(c) Portable tanks approved by the
Commandant (CG–ENG), USCG.
■ 53. In § 176.905, add paragraph (i)(7)
to read as follows:
§ 176.905
Stowage of vehicles.
*
*
*
*
*
(i) * * *
(7) The vehicle is stored incident to
movement on shore within a single port
area, including contiguous harbors.
*
*
*
*
*
PART 176—CARRIAGE BY VESSEL
PART 177—CARRIAGE BY PUBLIC
HIGHWAY
■
49. The authority citation for part 176
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
Authority: 49 U.S.C. 5101–5128; sec. 112
of Pub. L. 103–311, 108 Stat. 1673, 1676
(1994); sec. 32509 of Pub. L. 112–141, 126
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.
50. In § 176.2, revise the definition for
‘‘Commandant’’ to read as follows:
■
§ 176.2
*
*
*
*
Commandant (CG–ENG), USCG
means the Chief, Office of Design and
Engineering Standards, United States
Coast Guard, Washington, DC 20593–
7509.
*
*
*
*
*
■ 51. In § 176.84, revise paragraph (a) to
read as follows:
§ 176.84 Other requirements for stowage,
cargo handling, and segregation for cargo
vessels and passenger vessels.
(a) General. When Column 10B of the
§ 172.101 Table refers to a numbered or
alpha-numeric stowage provision for
water shipments, the meaning and
requirements of that provision are set
forth in this section. Terms in quotation
marks are defined in § 176.83. Other
terms used in the table in this section—
such as ‘‘acids,’’ ‘‘chlorates,’’ and
‘‘permanganates’’—indicate different
chemical groups referred to here as
segregation groups. Materials falling
within a segregation group are
considered to have certain similar
chemical properties and, although not
exhaustive in nature, the materials
belonging to each group include those
substances identified in section 3.1.4 of
VerDate Sep<11>2014
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54. The authority citation for part 177
continues to read as follows:
55. Revise § 177.801 to read as
follows:
■
Definitions.
*
lotter on DSK11XQN23PROD with PROPOSALS2
the IMDG Code (IBR, see § 171.7 of this
subchapter), as set forth in § 176.83(m).
Hazardous materials offered for
transportation as limited quantities are
not subject to the stowage codes
assigned by Column 10B of the
§ 172.101 Table (see § 172.101(k)).
*
*
*
*
*
■ 52. In § 176.340, revise paragraph (c)
to read as follows:
Jkt 265001
§ 177.801 Unacceptable hazardous
materials shipments.
(a) No person may accept for
transportation or transport by motor
vehicle a forbidden material (see
§ 173.21).
(b) No person may accept for
transportation or transport a hazardous
material that is not classified, packaged,
marked, labeled, or placarded, as
applicable, in accordance with the
requirements of this subchapter or by
special permit.
■ 56. In § 177.804, revise paragraph (a)
to read as follows:
§ 177.804 Compliance with Federal Motor
Carrier Safety Regulations.
(a) General. Motor carriers and other
persons subject to this part must comply
with 49 CFR part 383 and 49 CFR parts
390 through 397 (excluding §§ 397.3
and 397.9) when operating vehicles
subject to those regulations.
*
*
*
*
*
■ 57. In § 177.816, revise paragraphs (c)
and (d) to read as follows:
§ 177.816
*
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Driver Training.
*
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*
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*
Sfmt 4702
(c) The training required by
paragraphs (a) and (b) of this section
may be satisfied by compliance with the
current requirements for a Commercial
Driver’s License (CDL) with a tank
vehicle or hazardous materials
endorsement if it appropriately covers
the requirements in paragraph (a) and
(b) of this section.
(d) Training required by paragraphs
(a) and (b) of this section must conform
to the requirements of § 172.704(c) and
(d) of this subchapter with respect to
frequency and recordkeeping.
■ 58. In § 177.835, revise paragraph (d)
to read as follows:
§ 177.835
Class 1 (explosive) materials.
*
*
*
*
*
(d) Multipurpose bulk trucks. When
§ 172.101 of this subchapter specifies
that Class 1 (explosive) materials may be
transported in accordance with § 173.66
of this subchapter (per special provision
148 in § 172.102(c)(1)), these materials
may be transported on the same vehicle
with Division 5.1 (oxidizing) materials,
or Class 8 (corrosive) materials, and/or
Combustible Liquid, n.o.s., NA1993,
only under the conditions and
requirements set forth in IME Standard
23 (IBR, see § 171.7 of this subchapter)
and paragraph (g) of this section. A
multipurpose bulk truck may not be
transported with any cargo tank that is
required to be marked or placarded
under § 177.823. In addition, the
segregation requirements in § 177.848
do not apply.
*
*
*
*
*
■ 59. In § 177.837, revise paragraph (c)
introductory text to read as follows:
§ 177.837 Class 3 (flammable liquid)
materials.
*
*
*
*
*
(c) Bonding and grounding cargo
tanks before and during transfer of
lading. A cargo tank motor vehicle that
is preparing to transfer or is transferring
any flammable liquid, combustible
liquid, or a flammable liquid
reclassified as a combustible liquid
must be bonded and grounded as
follows:
*
*
*
*
*
■ 60. In § 177.840, revise paragraphs (n),
(r)(2), and (t) to read as follows:
§ 177.840
Class 2 (gases) materials.
*
*
*
*
*
(n) Emergency shut down. If there is
an unintentional release of product to
the environment during unloading of a
liquefied compressed gas, the qualified
person unloading the cargo tank motor
vehicle must promptly shut the internal
or external self-closing stop valve or
other primary means of closure, and
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shut down all motive and auxiliary
power equipment.
*
*
*
*
*
(r) * * *
(2) The qualified person monitoring
unloading must remain within arm’s
reach of the mechanical means of
closure for the internal or external selfclosing stop valve when the self-closing
stop valve is open except for short
periods when it is necessary to activate
controls or monitor the receiving
container. For chlorine cargo tank motor
vehicles, the qualified person must
remain within arm’s reach of a means to
stop the flow of product except for short
periods when it is necessary to activate
controls or monitor the receiving
container.
*
*
*
*
*
(t) Unloading without appropriate
emergency discharge control equipment.
Until a cargo tank motor vehicle is
equipped with emergency discharge
control equipment in conformance with
§§ 173.315(n)(2) and 180.405(m)(1) of
this subchapter, the qualified person
attending the unloading operation must
remain within arm’s reach of a means to
close the internal or external self-closing
stop valve when the self-closing stop
valve is open except during short
periods when the qualified person must
activate controls or monitor the
receiving container. For chlorine cargo
tank motor vehicles, the qualified
person must remain within arm’s reach
of a means to stop the flow of product
except for short periods when it is
necessary to activate controls or monitor
the receiving container.
*
*
*
*
*
■ 61. In § 177.841, revise paragraphs
(e)(1) introductory text and (e)(2) to read
as follows:
§ 177.841 Division 6.1 (poisonous)
materials and Division 2.3 (poisonous gas)
materials.
lotter on DSK11XQN23PROD with PROPOSALS2
*
*
*
*
*
(e) * * *
(1) Except as provided in paragraph
(e)(3) of this section, bearing or required
to bear a POISON, POISON GAS, or
POISON INHALATION HAZARD label
or placard in the same motor vehicle
with material that is marked as or
known to be foodstuffs, feed, or edible
material intended for consumption by
humans or animals unless the
poisonous material is packaged in
accordance with this subchapter and is:
*
*
*
*
*
(2) Bearing or required to bear a
POISON, POISON GAS, or POISON
INHALATION HAZARD label in the
driver’s compartment (including a
sleeper berth) of a motor vehicle,
VerDate Sep<11>2014
18:14 Oct 25, 2024
Jkt 265001
including enclosed van trucks with no
permanent barrier separating the driver
from the cargo compartment; or
*
*
*
*
*
PART 178—SPECIFICATIONS FOR
PACKAGINGS
62. The authority citation for part 178
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
63. In § 178.320, paragraph (a);
a. Revise definitions of ‘‘cargo tank’’,
‘‘cargo tank motor vehicle’’, and
‘‘minimum thickness’’; and
■ b. In alphabetical order, add
definitions for ‘‘cargo tank motor
vehicle certification date’’,
‘‘component’’, ‘‘flexible connector’’,
‘‘lading retention system’’, ‘‘lining’’,
‘‘name plate’’, ‘‘original test date’’,
‘‘sacrificial device’’, ‘‘shear section’’,
and ‘‘specification plate’’.
The revisions and additions read as
follows:
■
■
§ 178.320 General requirements applicable
to all DOT Specification cargo tank motor
vehicles.
(a) * * *
*
*
*
*
Cargo tank: See § 171.8 of this
subchapter for the definition.
Cargo tank motor vehicle: See § 171.8
of this subchapter for the definition.
*
*
*
*
*
Cargo tank motor vehicle certification
date means the date stamped on the
cargo tank motor vehicle specification
plate, and represents the date the cargo
tank motor vehicle manufacturer
certifies that the cargo tank motor
vehicle conforms in all respects with the
specification requirements (including,
but not limited to: rear-end protection
devices, overturn protection devices, all
other accident damage protection, and
attachment to the vehicle), and the
ASME Code, if applicable.
*
*
*
*
*
Component means any attachment to
the cargo tank or cargo tank motor
vehicle, including valves, piping,
fittings, and hoses, that contain lading
during loading, unloading, or
transportation, or are required to be
pressure- or leak-tested in accordance
with the requirements of part 180 of this
subchapter.
*
*
*
*
*
Flexible connector means a short
component of a piping system, not
exceeding 36 inches (.91 m) overall
length, fabricated of flexible material,
and equipped with suitable connections
on both ends. Liquefied petroleum gas
resistant rubber and fabric or metal, or
*
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85667
a combination thereof, or all metal may
be used.
*
*
*
*
*
Lading retention system means the
cargo tank wall and any associated
components or equipment that, if
damaged, could result in the release of
the contents of the package.
Lining means an internal layer of
different material covering the inside
surface of the cargo tank.
*
*
*
*
*
Minimum thickness means the
minimum required shell and head (and
baffle and bulkhead when used as tank
reinforcement) thickness needed to meet
the specification. The minimum
thickness is the greatest of the following
values: (1)(i) For MC 330, MC 331, and
MC 338 cargo tanks, the specified
minimum thickness found in the
applicable specification(s); or
(ii) For DOT 406, DOT 407 and DOT
412 cargo tanks, the specified minimum
thickness found in Tables I and II of the
applicable specification(s); or
(iii) For MC 300, MC 301, MC 302,
MC 303, MC 304, MC 305, MC 306, MC
307, MC 310, MC 311, and MC 312
cargo tanks, the in-service minimum
thickness prescribed in Tables I and II
of § 180.407(i)(5) of this subchapter, for
the minimum thickness specified by
Tables I and II of the applicable
specification(s); or
(2) The thickness necessary to meet
with the structural integrity and
accident damage requirements of the
applicable specification(s); or
(3) The thickness as computed per the
ASME Code requirements (if
applicable).
*
*
*
*
*
Name plate means a data plate
permanently attached to the cargo tank
by the cargo tank manufacturer for the
purpose of displaying the minimum
information required by the ASME Code
prescribed in §§ 178.337–17(b),
178.338–18(b), or 178.345–14(b) of this
part, as appropriate.
*
*
*
*
*
Original test date means the date
when the cargo tank manufacturer
performed the pressure test, as required
in part 178 of this subchapter, to verify
the structural integrity of the cargo tank
in accordance with the requirements for
new construction prescribed in this
part.
*
*
*
*
*
Sacrificial device means an element,
such as a shear section, designed to fail
under a load in order to prevent damage
to any lading retention part or device.
The device must break under strain at
no more than 70 percent of the strength
of the weakest piping element between
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the cargo tank and the sacrificial device.
Operation of the sacrificial device must
leave the remaining piping and its
attachment to the cargo tank intact and
capable of retaining lading.
*
*
*
*
*
Shear section means a sacrificial
device fabricated in such a manner as to
abruptly reduce the wall thickness of
the adjacent piping or valve material by
at least 30 percent.
*
*
*
*
*
Specification plate means a data plate
containing the applicable markings
prescribed in §§ 178.337–17(c),
178.338–18(c), or 178.345–14(c) of this
part, as appropriate, and permanently
attached to the cargo tank or the cargo
tank motor vehicle chassis by the
manufacturer. The markings on this
plate are certification by the
manufacturer that the cargo tank or the
cargo tank motor vehicle conforms in all
respects with the specification
requirements of this subchapter.
*
*
*
*
*
■ 64. In § 178.337–1:
■ a. Revise paragraph (d); and
■ b. Remove the definition of ‘‘internal
self-closing stop valve’’ in paragraph (g).
The revision reads as follows:
§ 178.337–1
General Requirements.
*
*
*
*
*
(d) Reflective design. Every
uninsulated cargo tank permanently
attached to a cargo tank motor vehicle
shall, unless covered with a jacket made
of aluminum, stainless steel, or other
bright non-tarnishing metal, be white,
aluminum, or a similar reflecting color
on the upper two-thirds of area of the
cargo tank.
*
*
*
*
*
■ 65. In § 178.337–2, revise paragraph
(b)(2)(i) to read as follows:
§ 178.337–2
Material.
*
*
*
*
(b) * * *
(2) * * *
(i) Material shall conform to ASTM A
612 or ASTM A 516/A 516M (IBR, see
§ 171.7 of this subchapter), Grade 65 or
70;
*
*
*
*
*
■ 66. In § 178.337–3, revise paragraphs
(g)(3) introductory text and (g)(3)(iii) to
read as follows:
lotter on DSK11XQN23PROD with PROPOSALS2
*
§ 178.337–3
Structural integrity.
*
*
*
*
*
(g) * * *
(3) Except as prescribed in paragraphs
(g)(1) and (g)(2) of this section, the
welding of any appurtenance to the
cargo tank wall, internal or external,
must be made by attachment of a
VerDate Sep<11>2014
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Jkt 265001
mounting pad so that there will be no
adverse effect upon the lading retention
integrity of the cargo tank if any force
less than that prescribed in paragraph
(b)(1) of this section is applied from any
direction. The thickness of the
mounting pad may not be less than that
of the shell wall or head wall to which
it is attached, and not more than 1.5
times the shell or head thickness.
However, a pad with a minimum
thickness of 0.25 inch may be used
when the shell or head thickness is over
0.25 inch. If weep holes or tell-tale holes
are used, the pad must be drilled or
punched at the lowest point before it is
welded to the tank. Each pad must—
*
*
*
*
*
(iii) Extend at least two inches in each
direction from any point of attachment
of an appurtenance.
*
*
*
*
*
■ 67. In § 178.337–8, add paragraph
(a)(4)(vii) to read as follows:
§ 178.337–8
Openings, inlets, and outlets.
(a) * * *
(4) * * *
(vii) Mechanical means of remote
closure for manual operation must not
be obstructed by equipment or
appurtenances in a manner that
prevents access to or operation of the
remote means in an emergency.
*
*
*
*
*
■ 68. In § 178.337–9:
■ a. Revise paragraphs (a)(3), (b)
introductory text, (b)(1), and (b)(6);
■ b. Remove and reserve paragraph
(b)(7); and
■ c. Add paragraph (e).
The revisions and addition read as
follows:
§ 178.337–9 Pressure relief devices,
piping, valves, hoses, and fittings.
(a) * * *
(3) Each pressure relief device must
be designed, constructed, and marked
for a rated pressure not less than the
cargo tank design pressure at the
temperature expected to be
encountered.
(b) Components and other pressure
parts. The cargo tank motor vehicle
manufacturer must ensure that all
components meet the following
requirements:
(1) The burst pressure of all piping,
pipe fittings, hose, and other pressure
parts, except for pump seals and
pressure relief devices, must be at least
four times the MAWP of the cargo tank.
Additionally, the burst pressure may not
be less than four times any higher
pressure to which each pipe, pipe
fitting, hose, or other pressure part may
be subjected to in service. For chlorine
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service, see paragraph (b)(8) of this
section.
*
*
*
*
*
(6) Cargo tank motor vehicle
manufacturers must demonstrate that all
piping, valves, and fittings on a cargo
tank are free from leaks. To meet this
requirement, the piping, valves, and
fittings must be tested after installation
at not less than 80 percent of the MAWP
marked on the name plate after the
piping is installed on the cargo tank
motor vehicle.
(7) [Reserved].
*
*
*
*
*
(e) Hose assembler requirements. A
hose assembler must:
(1) Permanently mark each hose
assembly with a unique identification
number.
(2) Demonstrate that each hose
assembly is free from leaks by
performing the tests and inspections
and issuing a written report as required
by § 180.416(f) of this subchapter.
(3) Mark each hose assembly with the
month and year of its original pressure
test.
■ 69. In § 178.337–10, revise paragraph
(c)(1) to read as follows:
§ 178.337–10
Accident damage protection.
*
*
*
*
*
(c) * * *
(1) Consist of at least one rear bumper
designed to protect the cargo tank and
all components located at the rear of the
cargo tank from damage that could
result in loss of lading in the event of
a rear-end collision. The bumper design
must transmit the force of the collision
directly to the chassis of the vehicle.
The rear bumper and its attachments to
the chassis must be designed to
withstand a load equal to twice the
weight of the loaded cargo tank motor
vehicle and attachments, using a safety
factor of four based on the tensile
strength of the materials used, with such
load being applied horizontally and
parallel to the major axis of the cargo
tank. The rear bumper dimensions must
also meet the requirements of § 393.86
of this title. The exception in § 393.86
for wheels back vehicles does not apply;
or
*
*
*
*
*
■ 70. In § 178.337–17, revise paragraphs
(a) introductory text and (a)(4) to read as
follows:
§ 178.337–17
Marking.
(a) General. The manufacturer shall
permanently attach to each cargo tank a
corrosion-resistant metal name plate
(ASME Plate), if applicable, and a
specification plate permanently
attached by brazing, welding, or other
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suitable means on the left side of the
vehicle near the front, in a place
accessible for inspection. If the
specification plate is attached directly to
the cargo tank wall by welding, it must
be welded to the tank before the cargo
tank is postweld heat treated.
*
*
*
*
*
(4) The specification plate must be
permanently attached to the cargo tank
or its integral supporting structure by
brazing, welding, or other suitable
means on the left side of the vehicle
near the front head, in a place accessible
for inspection. If the specification plate
is attached to an integral supporting
structure, then the cargo tank serial
number assigned by the cargo tank
manufacturer must be included on the
plate.
*
*
*
*
*
■ 71. Revise § 178.337–18, revise
paragraphs (a) introductory text, (a)(1),
(a)(3), and (a)(4) to read as follows:
lotter on DSK11XQN23PROD with PROPOSALS2
§ 178.337–18
Certification.
(a) At or before the time of delivery,
the cargo tank motor vehicle
manufacturer must supply and the
owner must obtain, a cargo tank’s ASME
Form U–1A data report as required by
Section VIII of the ASME Code (IBR, see
§ 171.7 of this subchapter), and a
Certificate of Compliance stating that
the completed cargo tank motor vehicle
conforms in all respects to Specification
MC 331 and the ASME Code. The
registration numbers of the
manufacturer, the Design Certifying
Engineer, and the Registered Inspector,
as appropriate, must appear on the
Certificates of Compliance (see subpart
F, part 107 in subchapter A of this
chapter).
(1) For each design type, the
Certificate of Compliance must be
signed by an official of the manufacturer
responsible for compliance and a Design
Certifying Engineer; and
*
*
*
*
*
(3) When a cargo tank motor vehicle
is manufactured in two or more stages,
each manufacturer who performs a
manufacturing operation on the
incomplete cargo tank motor vehicle or
portion thereof must provide to the
succeeding manufacturer, at or before
the time of delivery, a certificate that
states the function performed by the
manufacturer, including any certificates
received from previous manufacturers,
Registered Inspectors, and Design
Certifying Engineers. When the cargo
tank motor vehicle is brought into full
compliance with the applicable DOT
specification and the ASME Code, the
final manufacturer must mark the
specification plate with the cargo tank
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motor vehicle certification date and
attach the specification plate to the
completed cargo tank motor vehicle in
accordance with § 178.337–17(a) of this
part.
(4) Specification shortages. When a
cargo tank motor vehicle is
manufactured in two or more stages, the
manufacturer of the cargo tank must
attach the name plate and specification
plate as required by § 178.337–17(a) and
(b) without the original date of
certification stamped on the
specification plate. Prior manufacturers
must list the specification requirements
that are not completed on the Certificate
of Compliance. When the cargo tank
motor vehicle is brought into full
compliance with the applicable
specification, the Registered Inspector
shall stamp the date of certification on
the specification plate and issue a
Certificate of Compliance to the owner
of the cargo tank motor vehicle. The
Certificate of Compliance must list the
actions taken to bring the cargo tank
motor vehicle into full compliance. In
addition, the certificate must include
the date of certification and the person
(manufacturer, carrier or repair
organization) accomplishing
compliance.
*
*
*
*
*
■ 72. In § 178.338–3, revise paragraphs
(g)(3) introductory text and (g)(3)(iii) to
read as follows:
§ 178.338–3
Structural integrity.
*
*
*
*
*
(g) * * *
(3) Except as prescribed in paragraphs
(g)(1) and (g)(2) of this section, the
welding of any appurtenance to the
cargo tank wall, internal or external,
must be made by attachment of a
mounting pad so that there will be no
adverse effect upon the lading retention
integrity of the cargo tank if any force
less than that prescribed in paragraph
(b)(1) of this section is applied from any
direction. The thickness of the
mounting pad may not be less than that
of the shell wall or head wall to which
it is attached, and not more than 1.5
times the shell or head thickness.
However, a pad with a minimum
thickness of 0.187 inch may be used
when the shell or head thickness is over
0.187 inch. If weep holes or tell-tale
holes are used, the pad must be drilled
or punched at the lowest point before it
is welded to the tank. Each pad must:
*
*
*
*
*
(iii) Extend at least two inches in each
direction from any point of attachment
of an appurtenance.
*
*
*
*
*
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73. In § 178.338–10, revise paragraph
(c)(1) to read as follows:
■
§ 178.338–10
Accident damage protection.
*
*
*
*
*
(c) * * *
(1) Consist of at least one rear bumper
designed to protect the cargo tank and
all components located at the rear of the
cargo tank from damage that could
result in loss of lading in the event of
a rear-end collision. The bumper design
must transmit the force of the collision
directly to the chassis of the vehicle.
The rear bumper and its attachments to
the chassis must be designed to
withstand a load equal to twice the
weight of the loaded cargo tank motor
vehicle and attachments, using a safety
factor of four based on the tensile
strength of the materials used, with such
load being applied horizontally and
parallel to the major axis of the cargo
tank. The rear bumper dimensions must
also meet the requirements of § 393.86
of this title. The exception in § 393.86
for wheels back vehicles does not apply;
or
*
*
*
*
*
■ 74. In § 178.338–11, add paragraph
(c)(2)(iii) to read as follows:
§ 178.338–11
Discharge control devices.
*
*
*
*
*
(c) * * *
(2) * * *
(iii) Mechanical means of remote
closure for manual operation must not
be obstructed by equipment or
appurtenances in a manner that
prevents access to or operation of the
remote means in an emergency.
■
75. In § 178.338–18, revise paragraphs
(a) introductory text and (a)(4) to read as
follows:
§ 178.338–18
Marking.
(a) General. The manufacturer shall
permanently attach to each cargo tank a
corrosion-resistant metal name plate
(ASME Plate), if applicable, and a
specification plate permanently
attached by brazing, welding, or other
suitable means on the left side of the
vehicle near the front, in a place
accessible for inspection. If the
specification plate is attached directly to
the cargo tank wall by welding, it must
be welded to the tank before the cargo
tank is postweld heat treated.
*
*
*
*
*
(4) The specification plate must be
permanently attached to the cargo tank
or its integral supporting structure, by
brazing, welding, or other suitable
means on the left side of the vehicle
near the front head, in a place accessible
for inspection. If the specification plate
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is attached to an integral supporting
structure, then the cargo tank serial
number assigned by the cargo tank
manufacturer must be included on the
plate.
*
*
*
*
*
■ 76. Revise § 178.338–19 to read as
follows:
lotter on DSK11XQN23PROD with PROPOSALS2
§ 178.338–19
Certification.
(a) At or before the time of delivery,
the cargo tank motor vehicle
manufacturer must supply and the
owner must obtain, a cargo tank’s ASME
Form U–1A data report as required by
Section VIII of the ASME Code (IBR, see
§ 171.7 of this subchapter), and a
Certificate of Compliance stating that
the completed cargo tank motor vehicle
conforms in all respects to Specification
MC 338 and the ASME Code. The
registration numbers of the
manufacturer, the Design Certifying
Engineer, and the Registered Inspector,
as appropriate, must appear on the
Certificates of Compliance (see subpart
F, part 107 in subchapter B of this
chapter).
(1) For each design type, the
Certificate of Compliance must be
signed by an official of the manufacturer
responsible for compliance and a Design
Certifying Engineer; and
(2) A photograph, pencil rub, or other
facsimile of the plates required by
paragraphs (a) and (b) of § 178.338–18.
(3) When a cargo tank motor vehicle
is manufactured in two or more stages,
each manufacturer who performs a
manufacturing operation on the
incomplete cargo tank motor vehicle or
portion thereof must provide to the
succeeding manufacturer, at or before
the time of delivery, a certificate that
states the function performed by that
manufacturer, including any certificates
received from previous manufacturers,
Registered Inspectors, and Design
Certifying Engineers. When the cargo
tank motor vehicle is brought into full
compliance with the applicable DOT
specification and the ASME Code, the
final manufacturer must mark the
specification plate with the cargo tank
motor vehicle certification date and
attach the specification plate to the
completed cargo tank motor vehicle in
accordance with § 178.338–18(a) of this
part.
(b) The owner shall retain the data
report, certificates, and related papers
throughout his ownership of the cargo
tank motor vehicle and for at least one
year thereafter; and in the event of
change of ownership, retention by the
prior owner of non-fading
photographically reproduced copies
will be deemed to satisfy this
requirement. Each motor carrier using
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the cargo tank motor vehicle, if not the
owner thereof, shall obtain a copy of the
data report and the Certificate(s) of
Compliance, and retain them during the
time the carrier uses the cargo tank
motor vehicle and for at least one year
thereafter.
(c) [Reserved]
■ 77. In § 178.345–1, revise paragraph
(c) to read as follows:
§ 178.345–1
General requirements.
*
*
*
*
*
(c) Definitions. See § 178.320(a) for
the definition of certain terms used in
§§ 178.345, 178.346, 178.347, and
178.348.
*
*
*
*
*
■ 78. In § 178.345–3, revise paragraphs
(f) introductory text, (f)(3) introductory
text, and (f)(3)(iii) to read as follows:
§ 178.345–3
Structural integrity.
*
*
*
*
*
(f) The design, construction, and
installation of an attachment,
appurtenance to a cargo tank, structural
support member between the cargo tank
and the vehicle of suspension
component, or accident protection
device must conform to the following
requirements:
*
*
*
*
*
(3) Except as prescribed in paragraphs
(f)(1) and (f)(2) of this section, the
welding of any appurtenance to the
cargo tank wall, internal or external,
must be made by attachment of a
mounting pad so that there will be no
adverse effect upon the lading retention
integrity of the cargo tank if any force
less than that prescribed in paragraph
(b)(1) of this section is applied from any
direction. The thickness of the
mounting pad may not be less than that
of the shell wall or head wall to which
it is attached, and not more than 1.5
times the shell or head thickness.
However, a pad with a minimum
thickness of 0.187 inch may be used
when the shell or head thickness is over
0.187 inch. If weep holes or tell-tale
holes are used, the pad must be drilled
or punched at the lowest point before it
is welded to the tank. Each pad must:
*
*
*
*
*
(iii) Extend at least two inches in each
direction from any point of attachment
of an appurtenance.
*
*
*
*
*
■ 79. In § 178.345–8, revise paragraph
(d) to read as follows:
§ 178.345–8
Accident damage protection.
*
*
*
*
*
(d) Rear-end tank protection. Each
cargo tank motor vehicle must be
provided with a rear-end tank
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protection device to protect the cargo
tank and piping in the event of a rearend collision and reduce the likelihood
of damage that could result in the loss
of lading. Nothing in this paragraph
relieves the manufacturer of
responsibility for complying with the
requirements of § 393.86 of this title
and, if applicable, paragraph (b) of this
section. The rear-end tank protection
device must conform to the following
requirements:
(1) For cargo tanks constructed with
any component at the rear of the cargo
tank motor vehicle:
(i) For any component on the same
horizontal plane as the rear-end
protection device, the device must be
designed so that it can deflect at least
six inches horizontally forward from the
device’s inboard surface without
contacting the component;
(ii) For any component not on the
same horizontal plane as the rear-end
cargo tank protection device, the device
must be designed so that it can deflect
at least six inches horizontally forward
from the device’s outboard surface or
with a vertical plane passing through
the device’s outboard surface without
contacting the component.
(2) The dimensions of the rear-end
cargo tank protection device shall
conform to the following:
(i) The bottom surface of the rear-end
protection device must be at least four
inches below the lower surface of any
part at the rear of the cargo tank motor
vehicle that contains lading during
transit and not more than 60 inches
from the ground when the vehicle is
empty.
(ii) The maximum width of a notch,
indentation, or separation between
sections of a rear-end cargo tank
protection device may not exceed 24
inches. A notched, indented, or
separated rear-end protection device
may be used only when the piping at
the rear of the cargo tank is equipped
with a sacrificial device outboard of a
shut-off valve.
(iii) The widest part of the motor
vehicle at the rear may not extend more
than 18 inches beyond the outermost
ends of the device or (if separated)
devices on either side of the vehicle.
(3) The structure of the rear-end
protection device and its attachment to
the cargo tank motor vehicle must be
designed to satisfy the conditions
specified in paragraph (d)(1) of this
section when subjected to an impact of
the cargo tank motor vehicle at the gross
vehicle weight rating at a deceleration of
two ‘‘g.’’ Such impact must be
considered as being uniformly applied
in the horizontal plane at an angle of 10
degrees or less to the longitudinal axis
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of the vehicle. The structures supporting
the rear-end protection device,
including the frame and the attachments
to the frame must also be capable of
withstanding the two ‘‘g’’ load.
*
*
*
*
*
■ 80. In § 178.345–11:
■ a. Revise paragraph (b)(1)(ii); and
■ b. Add paragraph (b)(1)(iv).
The revision and addition read as
follows:
§ 178.345–11
Tank outlets.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) If the actuating system is
accidentally damaged, sheared off
during transportation, or fails, each
loading/unloading outlet must remain
securely closed and capable of retaining
lading.
*
*
*
*
*
(iv) Mechanical means of remote
closure for manual operation must not
be obstructed by equipment or
appurtenances in a manner that
prevents access to or operation of the
remote means in an emergency.
*
*
*
*
*
■ 81. In § 178.345–13, revise paragraph
(a) to read as follows:
§ 178.345–13
Pressure and leakage tests.
(a) Cargo tank motor vehicle
manufacturers must perform a pressure
and leakage test in accordance with this
section and §§ 178.346–5, 178.347–5, or
178.348–5. The leakage test shall be
performed after the piping is installed
on the cargo tank motor vehicle.
*
*
*
*
*
■ 82. In § 178.345–14, revise paragraphs
(a), (b)(3), (c)(6), (c)(7), and (d) to read
as follows:
lotter on DSK11XQN23PROD with PROPOSALS2
§ 178.345–14
Marking.
(a) General. The manufacturer shall
certify that each cargo tank motor
vehicle has been designed, constructed,
and tested in accordance with the
applicable Specification DOT 406, DOT
407 or DOT 412 (§§ 178.345, 178.346,
178.347, 178.348) cargo tank
requirements and, when applicable,
with Section VIII of the ASME Code
(IBR, see § 171.7 of this subchapter). The
certification shall be accomplished by
marking the cargo tank as prescribed in
paragraphs (b) and (c) of this section,
and by preparing the certificate
prescribed in § 178.345–15. Metal plates
prescribed by paragraphs (b), (c), (d),
and (e) of this section must be
permanently attached to the cargo tank
or its integral supporting structure by
brazing, welding, or other suitable
means. These plates must be affixed on
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the left side of the vehicle near the front
of the cargo tank (or the front most cargo
tank of a multi-cargo tank motor
vehicle), in a place readily accessible for
inspection. The plates must be
permanently and plainly marked in
English by stamping, embossing, or
other means in characters at least 3/16
inch high. If the information required by
this section is displayed on a name
plate, the information need not be
repeated on the specification plate. The
information required by paragraphs (b)
and (c) of this section may be combined
on one plate.
(b) * * *
(3) Cargo tank MAWP in psig.
*
*
*
*
*
(c) * * *
(6) Maximum loading rate in gallons
per minute (Max. Load rate, GPM).
‘‘NONE’’ may be used to indicate no
limit.
(7) Maximum unloading rate in
gallons per minute (Max. Unload rate).
‘‘OPEN MH’’ or ‘‘NONE’’ may be used
to indicate no limit.
*
*
*
*
*
(d) Multi-cargo tank motor vehicle.
For a multi-cargo tank motor vehicle
having all its cargo tanks not separated
by any void, the information required by
paragraphs (b) and (c) of this section
may be combined on one specification
plate. When separated by a void, each
cargo tank must have an individual
name plate as required in paragraph (b)
of this section, unless all cargo tanks are
made by the same manufacturer using
the same design type, as defined in
§ 178.320. The cargo tank motor vehicle
may have a combined name plate and
specification plate. When only one plate
is used, the plate must be visible and
not covered by insulation. The required
information must be listed on the plate
from front to rear in the order of the
corresponding cargo tank location.
*
*
*
*
*
■ 83. In § 178.345–15, revise paragraphs
(a), (b)(1), and (e) to read as follows:
§ 178.345–15
Certification.
(a) At or before the time of delivery,
the cargo tank motor vehicle
manufacturer must supply and the
owner must obtain, a cargo tank’s ASME
Form U–1A data report as required by
Section VIII of the ASME Code (IBR, see
§ 171.7 of this subchapter), and a
Certificate of Compliance stating that
the completed cargo tank motor vehicle
conforms in all respects to the DOT
specification and the ASME Code. The
registration numbers of the
manufacturer, the Design Certifying
Engineer, and the Registered Inspector,
as appropriate, must appear on the
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85671
certificates (see subpart F, part 107 in
subchapter A of this chapter).
(b) * * *
(1) For each design type, the
Certificate of Compliance must be
signed by an official of the manufacturer
responsible for compliance and a Design
Certifying Engineer; and
*
*
*
*
*
(e) Specification shortages. When a
cargo tank motor vehicle is
manufactured in two or more stages, the
manufacturer of the cargo tank must
attach the name plate and specification
plate as required by §§ 178.345–14(b)
and (c) without the original date of
certification stamped on the
specification plate. Prior manufacturers
must list the specification requirements
that are not completed on the Certificate
of Compliance. When the cargo tank
motor vehicle is brought into full
compliance with the applicable
specification, the Registered Inspector
shall stamp the date of certification on
the specification plate and issue a
Certificate of Compliance to the owner
of the cargo tank motor vehicle. The
Certificate of Compliance must list the
actions taken to bring the cargo tank
motor vehicle into compliance. In
addition, the certificate must include
the date of compliance and person
(manufacturer, carrier, or repair
organization) accomplishing
compliance.
■ 84. In § 178.348–1, revise paragraphs
(d) and (e) to read as follows:
§ 178.348–1
*
General requirements.
*
*
*
*
(d) A cargo tank motor vehicle built
to this specification with a MAWP
greater than 15 psig must be constructed
and certified in accordance with Section
VIII of the ASME Code (IBR, see § 171.7
of this subchapter).
(e) A cargo tank motor vehicle built to
this specification with a MAWP of 15
psig or less must be constructed in
accordance with Section VIII of the
ASME Code except as modified herein:
(1) The recordkeeping requirements
contained in Section VIII of the ASME
Code do not apply. Parts UG–90 through
94 in Section VIII do not apply.
Inspection and certification must be
made by an inspector registered in
accordance with subpart F of part 107.
(2) Loadings must be as prescribed in
§ 178.345–3 of this part.
(3) The knuckle radius of flanged
heads must be at least three times the
material thickness, and in no case less
than 0.5 inch. Stuffed (inserted) heads
may be attached to the shell by a fillet
weld. The knuckle radius and dish
radius versus diameter limitations of
UG–32 do not apply for cargo tank
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motor vehicles with a MAWP of 15 psig
or less. Shell sections of cargo tanks
designed with a non-circular cross
section need not be given a preliminary
curvature, as prescribed in UG–79(b).
(4) Marking, certification, data
reports, and name plates must be as
prescribed in §§ 178.345–14 and
178.345–15.
(5) Manhole closure assemblies must
conform to § 178.345–5.
(6) Pressure relief devices must be as
prescribed in § 178.348–4.
(7) The hydrostatic or pneumatic test
must be as prescribed in § 178.348–5.
(8) The following paragraphs in parts
UG and UW in Section VIII of the ASME
Code do not apply: UG–11, UG–12, UG–
22(g), UG–32(e), UG–34, UG–35, UG–44,
UG–76, UG–77, UG–80, UG–81, UG–96,
UG–97, UW–13(b)(2), UW–13.1(f), and
the dimensional requirements found in
Figure UW–13.1.
PART 179—SPECIFICATIONS FOR
TANK CARS
85. The authority citation for part 179
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
86. In § 179.2:
a. Revise paragraphs (a) introductory
text, and (a)(2);
■ b. Add paragraphs (a)(4) and (a)(9);
and
■ c. Revise paragraph (a)(10).
The revisions and addition read as
follows:
■
■
lotter on DSK11XQN23PROD with PROPOSALS2
§ 179.2
Definitions and abbreviations.
(a) In addition to the definitions in
§§ 171.8 and 180.503 of this subchapter,
the following definitions apply to part
179:
*
*
*
*
*
(2) Approved means approval by a
Design Certifying Engineer registered in
accordance with part 107, subpart J.
*
*
*
*
*
(4) Component means service
equipment, safety systems, linings or
coatings, other elements specifically
required by this part, and any elements
used to achieve a performance standard
in this part.
*
*
*
*
*
(9) Tank car means a tank car tank
and all of its components.
(10) Tank car facility means an entity
that qualifies a tank car to ensure its
conformance to part 179 or part 180 of
this subchapter. A tank car facility must
register with PHMSA in accordance
with part 107, subpart J, of this chapter.
*
*
*
*
*
■ 87. Revise § 179.3 to read as follows:
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§ 179.3
Design Approval.
(a) General. A Design Certifying
Engineer registered in accordance with
part 107, subpart J, must approve the
following as conforming with the
specifications in this part:
(1) Tank car designs, materials and
construction, and modifications; and
(2) Service equipment designs,
materials and construction, and
modifications.
(b) Procedure. The Design Certifying
Engineer must develop, maintain, and
adhere to a written procedure that
describes the process used to verify
conformance with this subchapter. This
procedure must be provided to a
representative of the Department upon
request. The procedure must include
acceptance and rejection criteria for
each element approved by the Design
Certifying Engineer.
(c) Approval. When the Design
Certifying Engineer determines such
tank cars or service equipment are in
compliance with the requirements of
this subchapter, the Design Certifying
Engineer will approve the design,
material and construction, or
modification.
(d) Documentation. Upon approval of
the design, material and construction, or
modification, the Design Certifying
Engineer shall generate and provide to
the tank car or service equipment owner
a Design Approval Certificate (see
§ 179.5). A Design Approval Certificate
certifies that the tank car or service
equipment fully conforms to all
requirements of the specification.
(1) A Design Approval Certificate
covers all tank cars or service
equipment built to an approved design,
material and construction, or
modification, provided the tank cars or
service equipment are identical.
(2) When ownership of a tank car is
transferred, the new owner must obtain
the Design Approval Certificate from the
previous owner or Design Certifying
Engineer for the tank car to remain in
service.
■ 88. Revise § 179.4 to read as follows:
§ 179.4
cars.
Changes in specifications for tank
(a) Proposed changes in or additions
to specifications for tanks must be
submitted to a Design Certifying
Engineer for review. Construction
should not be started until the
specification has been approved and a
special permit has been issued. When
proposing a new specification, the
applicant shall furnish information to
the Design Certifying Engineer to justify
a new specification. This data should
include the properties of the lading and
the method of loading and unloading.
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(b) The Design Certifying Engineer
will review the proposed specifications
at its earliest convenience and report its
recommendations on the approval or
disapproval of the specification to the
designer of the new tank car
specification. The recommendation will
be considered by the Department in
determining appropriate action.
■ 89. Revise § 179.5 to read as follows:
§ 179.5
Design Approval Certificate.
(a) General. Before a tank car is placed
in service, the Design Certifying
Engineer shall provide a Design
Approval Certificate to the tank car or
service equipment owner certifying that
the tank or service equipment fully
conforms to all requirements of the
specification.
(b) Tank car information. The Design
Approval Certificate for tank cars must
include the following information, as
applicable:
(1) Name, registration number, phone
number, and mailing address of Design
Certifying Engineer;
(2) Approval date;
(3) Tank specification;
(4) Tank car specification;
(5) Reporting marks and numbers;
(6) Commodity;
(7) Commodity density (lbs. per
Gallon);
(8) Full water capacity (Gallons);
(9) Outage (Gallons);
(10) Tank head;
(i) Material type and grade heads;
(ii) Head material normalized
(Indicate Yes/No);
(iii) Tank head spliced (Indicate Yes/
No);
(iv) Head Charpy test value;
(v) Material thickness heads (Inches);
and
(vi) Head radius, main (Inches if not
2:1).
(11) Tank shell;
(i) Material type and grade shell;
(ii) Tank shell material normalized
(Indicate Yes/No);
(iii) Shell Charpy test value;
(iv) Material thickness shell (Inches);
(v) Inside diameter—center (Inches);
and
(vi) Inside diameter—end rings
(Inches).
(12) Coating/lining type and
thickness;
(13) Tank test pressure (PSI);
(14) Insulation material;
(i) Insulation type;
(ii) Insulation thickness (Inches); and
(iii) Thermal conductivity (BTU—in/
hr.—ft sq.—degree F).
(15) Thermal protection;
(i) Thermal protection material type;
(ii) Thermal protection material
thickness (Inches);
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(iii) Thermal protection material
conductivity (BTU—in/hr.—ft sq.—
degree F);
(iv) Jacket thickness; and
(v) Meets § 179.18 thermal protection
standard (Indicate Yes/No).
(16) Safety relief devices;
(i) Type of safety relief device;
(ii) Number of safety relief devices;
(iii) Pressure relief device start-todischarge (PSI);
(iv) Pressure relief device flow
capacity (CFM Required); and
(v) Pressure relief device flow
capacity (CFM Actual).
(17) Protective systems;
(i) Meets bottom fitting protection
standard (Indicate Yes/No);
(ii) Meets top fittings protection
standard (Indicate Yes/No); and
(iii) Meets tank head puncture
resistance standard (Indicate Yes/No);
(A) Head shield thickness (Inches);
and
(B) Head shield material type.
(18) Underframe or stub sill type; and
(19) Weight;
(i) Center of gravity loaded (Inches);
(ii) Estimated light weight (lbs.);
(iii) Rail load limit (lbs.); and
(iv) Truck capacity (Tons).
(20) Signed Certification Statement. A
certification shall not be considered
valid without a signature and certifying
statement by a registered Design
Certifying Engineer. The following
statement may be used for tank car
certifications:
‘‘I,______ [insert Design Certifying
Engineer name], have reviewed the
above design(s) for a DOT______[insert
DOT specification] tank car(s) and
certify compliance in all respects with
the specification requirements found in
49 CFR part 179.
________[Design Certifying Engineer
Signature]’’
(c) Tank Car Drawings. The Design
Approval Certificate must include the
following detailed design drawings for
tank cars:
(1) General arrangement;
(2) Tank arrangement;
(3) Reinforced openings, including
calculations;
(4) Anchorage, including calculations;
(5) Fittings arrangement;
(6) Manway assembly;
(7) Manway cover;
(8) Protective housing;
(9) Venting, loading, and discharge
valves;
(10) Pressure relief devices;
(11) Heater systems;
(12) Gauging devices;
(13) Bottom outlet valve;
(14) Design calculations;
(15) Gasket drawing; and
(16) Tank qualification drawing.
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(d) Service Equipment Information.
The Design Approval Certificate must
include the following information for
service equipment, as applicable:
(1) Description of device;
(i) Manufacturer;
(ii) Model; and
(iii) Design revision date.
(2) Approval date;
(3) Commodity;
(4) Construction;
(i) Material of construction;
(ii) Construction method; and
(iii) Seal material.
(5) Design operating temperature;
(6) Operating pressure range at design
temperature (PSI); and
(7) Signed Certification Statement. A
certification shall not be considered
valid without a signature and certifying
statement by a registered Design
Certifying Engineer. The following
statement may be used for service
equipment certifications:
‘‘I,______[insert Design Certifying
Engineer name], have reviewed the
above design for______[insert service
equipment make and model] and it
complies in all respects with the
requirements found in 49 CFR part 179.
________[Design Certifying Engineer
Signature]’’
(e) Service Equipment Drawings. The
Design Approval Certificate must
include the following detailed design
drawings for service equipment:
(1) Dimensional drawing;
(2) Securement drawing; and
(3) Design calculations.
(f) Service Equipment Validation. The
Design Approval Certificate must
include the following service equipment
validation reports:
(1) Life cycle testing results;
(2) Failure modes and effects analysis;
and
(3) Other applicable laboratory testing
results.
■ 90. Revise § 179.6 to read as follows:
§ 179.6
Repairs and alterations.
For procedures to make repairs or
alterations, see Appendix R of the AAR
Specifications for Tank Cars (IBR, see
§ 171.7 of this subchapter). Compliance
with paragraphs 1.1; 1.2; 3.2; 3.3; 3.4;
and 5.5 is not required. For all repairs
not specifically described in Appendix
R of the AAR Specifications for Tank
Cars, approval by a Design Certifying
Engineer is required.
■ 91. In § 179.7, revise paragraph (a)
introductory text, (a)(2), (b) introductory
text, (b)(3) through (5), (b)(8), (d) and (f)
to read as follows:
§ 179.7
Quality assurance program.
(a) A tank car facility must register
with PHMSA in accordance with part
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85673
107, subpart J, of this chapter. At a
minimum, each tank car facility shall
have a quality assurance program that—
*
*
*
*
*
(2) Has the means to detect any
nonconformity in the manufacturing,
inspection, testing, qualification, or
maintenance of the tank car; and
*
*
*
*
*
(b) At a minimum, the quality
assurance program must have the
following elements:
*
*
*
*
*
(3) Procedures to ensure that the latest
applicable drawings, design
calculations, specifications, and
instructions are used in manufacture,
inspection, testing, qualification and
maintenance.
(4) Procedures to ensure that all
materials and components used in the
fabrication and construction of a tank
car are properly identified and
documented, and meet applicable
design requirements.
(5) A description of the
manufacturing, inspection, testing, and
qualification and maintenance program,
including the acceptance criteria, so that
an inspector can identify the
characteristics of the tank car and the
elements to inspect, examine, and test at
each point.
*
*
*
*
*
(8) Provisions indicating that the
applicable requirements of the AAR
Specifications for Tank Cars (IBR, see
§ 171.7 of this subchapter), apply.
*
*
*
*
*
(d) Each tank car facility shall provide
written procedures to its employees to
ensure that the work on the tank car
conforms to the specification, approval,
and owner’s acceptance criteria.
*
*
*
*
*
(f) No tank car facility may
manufacture, inspect, test, qualify, or
maintain tank cars subject to
requirements of this subchapter, unless
it is operating in conformance with a
quality assurance program and written
procedures required by paragraphs (a)
and (b) of this section, and maintains a
valid tank car facility registration in
accordance with part 107, subpart J, of
this chapter.
■ 92. In § 179.10, add paragraph (b) to
read as follows:
§ 179.10
Tank mounting.
*
*
*
*
*
(b) Tank mounting arrangements must
meet the requirements of AAR
Specifications for Tank Cars Chapter 6
(IBR, see § 171.7 of this subchapter).
■ 93. In § 179.11, revise paragraph (a) to
read as follows:
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§ 179.11
Welding certification.
§ 179.100–9
§ 179.24
§ 179.100–10
Stamping.
(a) * * *
(2) Each plate must be stamped,
embossed, or otherwise marked by an
equally durable method in letters 3/16inch high with the following
information (parenthetical abbreviations
may be used):
(i) Tank Manufacturer (Tank MFG):
Full name of the car builder.
(ii) Tank Manufacturer’s Serial
Number (SERIAL NO): For the specific
car.
(iii) [Reserved]
(iv) Tank Specification
(SPECIFICATION).
(v) Tank Shell Material/Head Material
(SHELL MATL/HEAD MATL): ASTM or
AAR specification of the material used
in the construction of the tank shell and
heads. For Class DOT–113W, DOT–
115W, AAR–204W, and AAR–206W, the
materials used in the construction of the
outer tank shell and heads must be
listed. Only list the alloy (e.g., 5154) for
aluminum tanks and the type (e.g., 304L
or 316L) for stainless steel tanks.
(vi) Insulation Material (INSULATION
MATL): Generic names of the first and
second layer of any thermal protection/
insulation material applied.
(vii) Insulation Thickness
(INSULATION THICKNESS): In inches.
(viii) Underframe/Stub Sill Type (UF/
SS DESIGN)
(ix) Date of Manufacture (DATE OF
MFR): The month and year of tank
manufacture. If the underframe has a
different built date than the tank, show
both dates.
*
*
*
*
*
■ 95. In § 179.100–9, revise paragraph
(a) to read as follows:
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Welding.
(a) All joints shall be fusion-welded in
compliance with the requirements of
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
■ 96. In § 179.100–10, revise paragraph
(a) to read as follows:
(a) Welding procedures, welders, and
fabricators must meet the requirements
in AAR Specifications for Tank Cars
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
■ 94. In § 179.24:
■ a. Revise paragraph (a)(2); and
■ b. Remove and reserve paragraph
(a)(3)(i).
The revision reads as follows:
Postweld heat treatment.
(a) After welding is complete, steel
tanks and all attachments welded
thereto must be postweld heat treated as
a unit in compliance with the
requirements of AAR Specifications for
Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR,
see § 171.7 of this subchapter).
*
*
*
*
*
■ 97. In § 179.100–12, revise paragraph
(c) to read as follows:
§ 179.100–12 Manway nozzle, cover and
protective housing.
*
(c) Caulking of welded joints to stop
leaks developed during the foregoing
test is prohibited. Repairs in welded
joints shall be made as prescribed in
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
■ 99. In § 179.102–3, add paragraph (c)
to read as follows:
§ 179.102–3
inhalation.
Materials poisonous by
*
*
*
*
*
(c) For tank cars manufactured after
[DATE OF EFFECTIVE DATE], tank car
heads and shells must be Charpy impact
tested in accordance with AAR
Specifications for Tank Cars, Chapter 2,
section 2.2.1.2 (IBR, see § 171.7 of this
subchapter) and meet the requirements
of section 2.2.1.2.
■ 100. In § 179.103–5, revise paragraph
(b)(1) to read as follows:
§ 179.103–5
Bottom outlets.
*
*
*
*
(c) Except as provided in § 179.103,
protective housing of cast, forged, or
fabricated approved materials must be
bolted to manway cover with not less
than 20, 3⁄4-inch studs. Alternatively,
the protective housing may be bolted to
a flange connected to the manway
reinforcing pad with not less than 20,
3⁄4-inch studs. The shearing value of the
bolts attaching protective housing to
manway cover must not exceed 70
percent of the shearing value of bolts
attaching manway cover to manway
nozzle. Housing must have steel
sidewalls not less than 3⁄4 inch in
thickness and must be equipped with a
metal cover not less than 1⁄4 inch in
thickness that can be securely closed.
Housing cover must have suitable stop
to prevent cover striking loading and
unloading connections, and be hinged
on one side only with approved riveted
pin or rod with nuts and cotters.
Openings in wall of housing must be
equipped with screw plugs or other
closures.
■ 98. In § 179.100–18, revise paragraph
(c) to read as follows:
*
*
*
*
(b) * * *
(1) The extreme projection of the
bottom outlet equipment may not be
more than allowed by Appendix E of the
AAR Specifications for Tank Cars (IBR,
see § 171.7 of this subchapter). All
bottom outlet reducers and closures and
their attachments shall be secured to the
car by at least 3⁄8-inch chain, or its
equivalent, except that bottom outlet
closure plugs may be attached by 1⁄4inch chain. When the bottom outlet
closure is of the combination cap and
valve type, the pipe connection to the
valve shall be closed by a plug, cap, or
approved quick coupling device. The
bottom outlet equipment should include
only the valve, reducers, and closures
that are necessary for the attachment of
unloading fixtures. The permanent
attachment of supplementary exterior
fittings must be approved.
*
*
*
*
*
■ 101. In § 179.200–7, amend the table
in paragraph (b) by adding an entry for
‘‘ASTM A 537’’ to read as follows:
§ 179.100–18
*
*
*
*
Tests of tanks.
*
*
*
§ 179.200–7
Materials.
*
*
(b) * * *
*
Minimum
tensile
strength
(p.s.i.)
welded
condition 1
Specifications
ASTM A 537, Class 1 ........................................................................................................................................
*
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*
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*
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Minimum
elongation in
2 inches
(percent) weld
metal
(longitudinal)
23
*
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
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102. In § 179.200–10, revise paragraph
(a) to read as follows:
■
§ 179.200–10
Welding.
(a) All joints shall be fusion-welded in
compliance with the requirements of
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
■ 103. Revise § 179.200–11 to read as
follows:
§ 179.200–11
Postweld heat treatment.
When specified in § 179.201–1, after
welding is complete, postweld heat
treatment must be in compliance with
the requirements of AAR Specifications
for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR,
see § 171.7 of this subchapter).
■ 104. In § 179.200–17, revise paragraph
(a)(1) to read as follows:
§ 179.200–17
Bottom outlets.
(a) * * *
(1) The extreme projection of the
bottom outlet equipment may not be
more than that allowed by Appendix E
of the AAR Specifications for Tank Cars
(IBR, see § 171.7 of this subchapter). All
bottom outlet reducers and closures and
their attachments shall be secured to the
car by at least 3⁄8-inch chain, or its
equivalent, except that the bottom outlet
closure plugs may be attached by 1⁄4inch chain. When the bottom outlet
closure is of the combination cap and
valve type, the pipe connection to the
valve shall be closed by a plug, cap, or
approved quick coupling device. The
bottom outlet equipment should include
only the valve, reducers, and closures
that are necessary for the attachment of
unloading fixtures. The permanent
attachment of supplementary exterior
fittings shall be approved.
*
*
*
*
*
■ 105. In § 179.200–22, revise paragraph
(d) to read as follows:
§ 179.200–22
Test of tanks.
lotter on DSK11XQN23PROD with PROPOSALS2
*
*
*
*
*
(d) Caulking of welded joints to stop
leaks developed during the foregoing
tests is prohibited. Repairs in welded
joints shall be made as prescribed in
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
■ 106. In § 179.220–10, revise paragraph
(a) to read as follows:
§ 179.220–10
Welding.
(a) All joints must be fusion welded
in compliance with AAR Specifications
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for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR,
see § 171.7 of this subchapter).
*
*
*
*
*
■ 107. In § 179.220–11, revise paragraph
(b) to read as follows:
§ 179.220–11
Postweld heat treatment.
*
*
*
*
*
(b) Postweld heat treatment of the
cylindrical portions of the outer shell to
which the anchorage or draft sills are
attached must comply with AAR
Specifications for Tank Cars, Appendix
W (compliance with paragraph 1.2 is
not required) (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
■ 108. In § 179.220–15, revise paragraph
(b) to read as follows:
§ 179.220–15
container.
Support system for inner
*
*
*
*
*
(b) The longitudinal acceleration may
be reduced to 3G where a cushioning
device, which has been tested to
demonstrate its ability to limit body
forces to 400,000 pounds maximum at a
10 miles per hour impact, is used
between the coupler and the tank
structure. The support system must be
of approved design and the inner
container must be thermally isolated
from the outer shell to the best practical
extent. The inner container and outer
shell must be permanently bonded to
each other electrically either by the
support system used, piping, or a
separate electrical connection of
approved design.
■ 109. In § 179.220–18, revise paragraph
(a)(1) to read as follows:
§ 179.220–18
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Welding.
(a) Longitudinal joints must be fusion
welded. Head-to-shell joints must be
forge welded on class DOT–106A tanks
and fusion welded on class DOT–110A
tanks. Welding procedures, welders,
and fabricators must be in accordance
with the requirements of AAR
Specifications for Tank Cars, Appendix
W (compliance with paragraph 1.2 is
not required) (IBR, see § 171.7 of this
subchapter).
*
*
*
*
*
■ 111. Revise § 179.300–10 to read as
follows:
§ 179.300–10
Postweld heat treatment.
After welding is complete, steel tanks
and all attachments welded thereto,
must be postweld heat treated as a unit
in compliance with the requirements of
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
■ 112. In § 179.400–5, revise paragraph
(d) to read as follows:
§ 179.400–5
Materials.
*
*
*
*
*
(d) Impact test values must be equal
to or greater than those specified in
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter). The report of
impact tests must include the test values
and lateral expansion data.
■ 113. In § 179.400–6, revise paragraph
(b) to read as follows:
§ 179.400–6
pressure.
Bursting and buckling
*
Bottom outlets.
(a) * * *
(1) The extreme projection of the
bottom outlet equipment may not be
more than that allowed by Appendix E
of the AAR Specifications for Tank Cars
(IBR, see § 171.7 of this subchapter). All
bottom outlet reducers and closures and
their attachments shall be secured to car
by at least 3⁄8-inch chain, or its
equivalent, except that bottom outlet
closure plugs may be attached by 1⁄4inch chain. When the bottom outlet
closure is of the combination cap and
valve type, the pipe connection to the
valve shall be closed by a plug or cap.
The bottom outlet equipment should
include only the valve, reducers, and
closures that are necessary for the
attachment of unloading fixtures. The
permanent attachment of supplementary
exterior fittings shall be approved.
*
*
*
*
*
■ 110. In § 179.300–9, revise paragraph
(a) to read as follows:
PO 00000
§ 179.300–9
85675
*
*
*
*
(b) The outer jacket of the required
evacuated insulation system must be
designed in accordance with § 179.400–
8(d) and in addition must comply with
the design loads specified in Section
C—II, Chapter 6 of the AAR
Specifications for Freight Cars (IBR, see
§ 171.7 of this subchapter). The designs
and calculations must provide for the
loadings transferred to the outer jacket
through the support system.
■ 114. In § 179.400–11, revise paragraph
(c) to read as follows:
§ 179.400–11
*
Welding.
*
*
*
*
(c) Each joint must be welded in
accordance with the requirements of
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter).
*
*
*
*
*
■ 115. In § 179.400–12, revise paragraph
(b) introductory text to read as follows:
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
Postweld heat treatment.
*
*
*
*
(b) The cylindrical portion of the
outer jacket, with the exception of the
circumferential closing seams, must be
postweld heat treated as prescribed in
AAR Specifications for Tank Cars,
Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see
§ 171.7 of this subchapter). Any item to
be welded to this portion of the outer
jacket must be attached before postweld
heat treatment. Welds securing the
following need not be postweld heat
treated when it is not practical due to
final assembly procedures:
*
*
*
*
*
■ 116. In § 179.400–13, revise paragraph
(b) to read as follows:
§ 179.400–13
tank.
Support system for inner
*
*
*
*
(b) The support system must be
designed to support, without yielding,
impact loads producing accelerations of
the following magnitudes and directions
when the inner tank is fully loaded and
the car is equipped with a conventional
draft gear:
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*
119. In § 179.400–19, revise paragraph
(a)(2) to read as follows:
■
*
§ 179.400–19
Valves and gages.
(a) * * *
(2) Packing, if used, must be
satisfactory for use in contact with the
lading and of materials that will
effectively seal the valve stem without
causing difficulty of operation.
*
*
*
*
*
■ 120. In § 179.500–17, revise paragraph
(a)(4) to read as follows:
§ 179.500–17
Marking.
(a) * * *
(4) Name, mark (other than
trademark), or initials of company or
person for whose use the tank is being
made.
*
*
*
*
*
■ 121. In § 179.500–18:
■ a. Revise paragraphs (a) and (b)(6);
and
■ b. In the form in paragraph (c), revise
the sentence under the heading ‘‘Steel
Tanks’’.
The revisions read as follows:
§ 179.500–18
Inspection and reports.
(a) Before a tank car is placed in
Longitudinal .........................
7‘‘g’’
service, the party assembling the
Transverse ............................
3‘‘g’’
Vertical .................................
3‘‘g’’ completed car shall furnish to the car
owner a report in proper form certifying
The longitudinal acceleration may be
that tanks and their equipment comply
reduced to 3‘‘g’’ where a cushioning
with all the requirements of this
device, which has been tested to
specification and including information
demonstrate its ability to limit body
as to serial numbers, dates of tests, and
forces to 400,000 pounds maximum at
ownership marks on tanks mounted on
10 miles per hour, is used between the
car structure.
coupler and the tank structure.
(b) * * *
(6) Inspector shall stamp his official
*
*
*
*
*
mark on each accepted tank
■ 117. Revise § 179.400–15 to read as
immediately below serial number, and
follows:
make certified report (see paragraph (c)
§ 179.400–15 Radioscopy.
of this section) to builder, company, or
Each longitudinal and circumferential person for whose use tanks are being
joint of the inner tank, and each
made, and to builder of car structure on
longitudinal and circumferential double which tanks are to be mounted.
welded butt joint of the outer jacket,
(c) * * *
must be examined along its entire length
Steel
Tanks
in accordance with the requirements of
AAR Specifications for Tank Cars,
It is hereby certified that drawings
Appendix W (compliance with
were approved for these tanks by a
paragraph 1.2 is not required) (IBR, see
Design Certifying Engineer under date
§ 171.7 of this subchapter).
of ____. * * *
■ 118. In § 179.400–18, revise paragraph
*
*
*
*
*
(b) to read as follows:
■ 122. In Appendix B to part 179, revise
paragraphs 1., 2.a.(1), 2.a.(2), 2.b.(6),
§ 179.400–18 Test of inner tank.
3.a.(1), 3.a.(2), and 3.b.(6) to read as
*
*
*
*
*
follows:
(b) Caulking of welded joints to stop
Appendix B to Part 179—Procedures
leaks developed during the test is
for Simulated Pool and Torch-Fire
prohibited. Repairs to welded joints
Testing
must be made as prescribed in AAR
Specifications for Tank Cars, Appendix
1. This test procedure is designed to
W (compliance with paragraph 1.2 is
measure the thermal effects of new or untried
not required) (IBR, see § 171.7 of this
thermal protection systems, and to test for
subchapter).
system survivability when exposed to a 100-
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minute pool fire and a 30-minute torch fire.
Each sample of the thermal resistance
material used in the individual tests,
performed under the requirement of this
Appendix to test the performance of the
thermal protection system, shall be identical
(within errors of measurement) in thickness
dimensions, and thermodynamic and
physical properties, including mass density.
2. * * *
a. * * *
(1) The source of the simulated pool fire
must be hydrocarbon fuel with a flame
temperature of 871 °C plus or minus 55.6 °C
(1600 °F plus-or-minus 100 °F), measured
throughout the duration of the test at a
distance of not more than 15 cm (6 inches)
from the test sample surface along the axis
of the fire. Calibration tests must be
performed with the steel plate in position.
(2) A square bare plate with thermal
properties equivalent to the material of
construction of the tank car must be used.
The plate dimensions must be not less than
30.5 cm by 30.5 cm (one foot by one foot) by
nominal 1.6 cm (0.625 inch) thick. The bare
plate must be instrumented with not less
than nine thermocouples to record the
thermal response of the bare plate. The
thermocouples must be attached to the
surface not exposed to the simulated pool
fire, and must be divided into nine equal
squares with a thermocouple placed in the
center of each square.
*
*
*
*
*
b. * * *
(6) A minimum of three consecutive
successful simulation fire tests, separate and
conducted at different times, must be
performed for each thermal protection
system.
*
*
*
*
*
3. * * *
a. * * *
(1) The source of the simulated torch must
be a hydrocarbon fuel with a flame
temperature of 1,204 °C plus-or-minus 55.6
°C (2,200 °F plus or minus 100 °F), measured
throughout the duration of the test at a
distance of not more than 15 cm (6 inches)
from the test sample surface, along the axis
of the fire. Furthermore, torch velocities must
be 64.4 km/h ±16 km/h (40 mph ±10 mph)
throughout the duration of the test at a
distance of not more than 15 cm (6 inches)
from the test sample surface along the axis
of the fire. Calibration tests must be
performed with the steel plate in position.
(2) A square bare plate with thermal
properties equivalent to the material of
construction of the tank car must be used.
The plate dimensions must be at least 122 cm
by 122 cm (four feet by four feet) by nominal
1.6 cm (0.625 inch) thick. The bare plate
must be instrumented with not less than nine
thermocouples to record the thermal
response of the plate. The thermocouples
must be attached to the surface not exposed
to the simulated torch, and must be divided
into nine equal squares with a thermocouple
placed in the center of each square.
*
*
*
*
*
b. * * *
(6) A minimum of two consecutive
successful torch-simulation tests, separate
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and conducted at different times, must be
performed for each thermal protection
system.
PART 180—CONTINUING
QUALIFICATION AND MAINTENANCE
OF PACKAGINGS
123. The authority citation for part
180 continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128; 49 CFR
1.81 and 1.97.
124. In § 180.3:
a. Revise paragraph (b)(3); and
b. Add paragraphs (c) and (d).
The revision and additions read as
follows:
■
■
■
§ 180.3
General requirements.
*
*
*
*
*
(b) * * *
(3) Test dates displayed in association
with specification, registration,
approval, exemption, or special permit
markings indicating conformance to a
test or retest requirement of this
subchapter, an approval issued
thereunder, or a special permit issued
under subchapter A of this chapter;
*
*
*
*
*
(c) No person shall mark or issue a
report indicating that a packaging has
passed a test or inspection under this
subpart, unless the packaging has
actually been tested or inspected as
required by this subpart.
(d) No person shall falsify a document
or marking indicating a packaging as
having passed a test or inspection under
this subpart.
■ 125. In § 180.403:
■ a. Add definitions for ‘‘certification
plate’’, ‘‘maintenance’’, ‘‘objectively
reasonable and articulable belief’’, and
‘‘set pressure’’ in alphabetical order; and
■ b. Revise the definition of ‘‘repair’’.
The revision and additions read as
follows:
§ 180.403
Definitions.
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*
*
*
*
*
Certification plate means a data plate
containing the applicable markings
provided in the original specifications
for cargo tanks no longer authorized for
construction (as identified in
§ 180.405(c)), and permanently attached
to the cargo tank or integral supporting
structure by the manufacturer. The
markings on this plate are the
certification by the manufacturer that
the cargo tank or the cargo tank motor
vehicle has been designed, constructed,
and tested in accordance with the
applicable specification.
*
*
*
*
*
Maintenance means replacement of
components other than welding on the
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cargo tank wall, on specification cargo
tanks or cargo tank motor vehicles.
*
*
*
*
*
Objectively reasonable and articulable
belief means a belief based on
particularized and identifiable facts that
provide an objective basis to believe or
suspect that a cargo tank or series of
cargo tanks may be in an unsafe
operating condition.
*
*
*
*
*
Repair means any welding on a cargo
tank wall, including replacing 50
percent or less of the combined shell
and head material of a cargo tank, done
to return a cargo tank or a cargo tank
motor vehicle to its original design and
construction specification, or to a
condition prescribed for a later
equivalent specification in effect at the
time of the repair. Excluded from this
category are the following:
(1) A change to motor vehicle
equipment such as lights, truck or
tractor power train components, steering
and brake systems, and suspension
parts, and changes to appurtenances,
such as fender attachments, lighting
brackets, and ladder brackets;
(2) Replacement of components such
as valves, vents, and fittings with a
component of a similar design and of
the same size; and
(3) Replacement of an appurtenance
by welding to a mounting pad.
*
*
*
*
*
Set pressure means the pressure of the
pressure relief device or system at
which it starts to open, allowing
discharge.
*
*
*
*
*
■ 126. In § 180.405:
■ a. Add paragraphs (b)(3);
■ b. Revise paragraphs (c)(2);
■ c. Add paragraphs (c)(3) and (4);
■ d. Revise paragraphs (h)(3), and (j);
and
■ e. Add paragraph (p).
The revisions and additions read as
follows:
§ 180.405
Qualification of cargo tanks.
*
*
*
*
*
(b) * * *
(3) Replacement of missing
specification plates. (i) The replacement
of cargo tank and cargo tank motor
vehicle specification plates required by
this subchapter may be performed by
the original manufacturer, or by a
Registered Inspector who has been given
necessary information by the original
cargo tank or cargo tank motor vehicle
manufacturer, provided the cargo tank
motor vehicle owner has the paperwork
documenting the traceability of the
specification of the cargo tank or cargo
tank motor vehicle.
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(ii) If the original manufacturer has
been purchased by another entity, and
that entity has sufficient paperwork
documenting the manufacture of that
cargo tank or cargo tank motor vehicle,
the entity may apply a replacement
specification plate or provide
instructions to a Registered Inspector to
apply the replacement specification
plate.
(iii) If the original manufacturer is no
longer in business, or the paperwork
documenting the traceability of the
specification of the cargo tank or cargo
tank motor vehicle is not available, the
cargo tank or cargo tank motor vehicle
is no longer an authorized specification
packaging for hazardous materials
transportation. See § 180.405(j).
(iv) The cargo tank motor vehicle
owner shall retain, and make available
to a representative of the Department
upon request, all documentation
proving the traceability of the cargo tank
manufacturer or cargo tank motor
vehicle manufacturer, as applicable,
until the cargo tank or cargo tank motor
vehicle is permanently rendered no
longer capable of retaining lading, and
for one year thereafter.
(c) * * *
(2) A cargo tank motor vehicle of a
specification listed in paragraph (c)(1) of
this section may have its pressure relief
devices and outlets modified in
accordance with paragraph (h) of this
section and § 173.33(d) of this
subchapter.
(3) A cargo tank motor vehicle
manufactured and certified prior to the
dates listed in table 1 or table 2 of this
section may be mounted on a different
truck chassis provided the mounting
and certification is performed in
accordance with this subchapter.
*
*
*
*
*
(h) * * *
(3) As provided in paragraph (c)(2) of
this section, and in § 173.33(d) of this
subchapter, the owner of a cargo tank
motor vehicle may elect to modify
reclosing pressure relief devices to more
current cargo tank specifications.
However, replacement devices
constructed to the requirements of
§ 178.345–10 of this subchapter must
provide the minimum venting capacity
required by the original specification to
which the cargo tank was designed and
constructed.
*
*
*
*
*
(j) Withdrawal of certification. A
specification cargo tank that for any
reason no longer meets the applicable
specification may not be used to
transport hazardous materials unless the
cargo tank is repaired and retested in
accordance with §§ 180.407 and 180.413
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prior to being returned to hazardous
materials service. If the cargo tank motor
vehicle is not in conformance with the
applicable specification requirements,
the specification plate must be removed,
obliterated, or securely covered. The
method of covering must withstand
conditions normally incident to
transportation. The details of the
conditions necessitating withdrawal of
the certification must be recorded and
signed on the Certificate of Compliance
for that cargo tank. The vehicle owner
shall retain the Certificate of
Compliance for at least one year after
withdrawal of the certification.
*
*
*
*
*
(p) Visual Inspection of Remote
Device. At the next external visual
inspection after [DATE OF EFFECTIVE
DATE], each specification cargo tank
motor vehicle equipped with a
mechanical means of remote closure
shall be inspected to ensure that access
or means of manual operation is not
obstructed by equipment or
appurtenances. The remote closure
device may not be in the driver’s cab
and must be as far forward on the cargo
tank as practicable. Any manually
operated remote closure device not in
compliance with this paragraph must be
repaired prior to passing the external
visual inspection.
■ 127. In § 180.407, revise paragraphs
(a), (b)(1), (b)(3), (b)(5), (c) introductory
text, (d), (f) introductory text, (f)(2),
(f)(3), (g)(1)(ii), (g)(1)(iii), (g)(1)(viii),
(g)(3), (g)(6), (h), (i)(4)(v), (i)(6)(i) and
(i)(6)(ii) to read as follows:
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§ 180.407 Requirements for test and
inspection of specification cargo tanks.
(a) General. (1) A cargo tank motor
vehicle constructed in accordance with
a DOT specification or otherwise
required by this subchapter to comply
with this subpart, for which a test or
inspection specified in this section has
become due, may not be filled and
offered for transportation or transported
until the test or inspection has been
successfully completed. This paragraph
does not apply to any cargo tank filled
prior to the test or inspection due date
and offered for transportation or
transported after the test or inspection
due date (see § 173.33(a)(3) of this
subchapter).
(2) Except during a pressure test, a
cargo tank may not be subjected to a
pressure greater than the design
pressure or MAWP marked on the name
plate or certification plate.
(3) A person witnessing or performing
a test or inspection specified in this
section must meet the minimum
qualifications prescribed in § 180.409.
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(4) Each cargo tank must be evaluated
in accordance with the acceptable
results of tests and inspections
prescribed in § 180.411.
(5) Each cargo tank motor vehicle that
has successfully passed a test or
inspection specified in this section must
be marked in accordance with
§ 180.415.
(6) A cargo tank motor vehicle that
has not been properly inspected or fails
a prescribed test or inspection must:
(i) Be repaired and retested in
accordance with § 180.413; or
(ii) Be removed from hazardous
materials service and the specification
plate removed, obliterated, or covered in
a secure manner. The method of
covering must at a minimum withstand
conditions normally incident to
transportation.
(7) All equipment and instruments
required to be used to perform a
function under part 180 subpart E must
be calibrated in accordance with the
manufacturer’s instructions. The facility
must retain records documenting the
type of calibration, date calibrated, and
who performed the calibration. The
facility must retain a copy of
documentation of the two most recent
calibrations, which must be made
available to a representative of the
Department upon request.
(8) The use of video cameras or fiber
optics equipment is authorized for any
test or inspection, or portion thereof,
provided all the required areas and
elements can be viewed and evaluated
according to this part 180 subpart E. The
use of such equipment shall be
documented on the report required by
§ 180.417.
(9) For any test or inspection that
requires a cargo tank motor vehicle to be
tested at a pressure greater than 50 psig,
the hydrostatic method shall be used,
except for MC 338 cargo tanks used to
transport cryogenic liquids. In all
pressure and leakage tests, suitable
safeguards must be provided to protect
personnel should a system failure occur.
(10) The Registered Inspector shall
consult with the owner or motor carrier,
as appropriate, to determine if materials
corrosive or reactive to the cargo tank or
its components were transported in the
cargo tank motor vehicle since the last
test or inspection was performed. The
Registered Inspector shall indicate
whether the cargo tank motor vehicle
transported a material corrosive or
reactive to the cargo tank or its
components on the § 180.415 report,
and use this information to determine
the proper tests and inspections to be
conducted on the cargo tank motor
vehicle.
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(11) For all tests or inspections subject
to this subpart, all sources of spark,
flame, or glowing heat within the area
of enclosure (including any heating
system drawing air therefrom) are
extinguished, made inoperable, or
rendered explosion-proof by a suitable
method prior to the tests or inspections
being performed.
(b) * * *
(1) The cargo tank shows evidence of
dents, cuts, gouges, bulges, corroded or
abraded areas, leakage, or any other
condition that might render it unsafe for
hazardous materials service. At a
minimum, any area of a cargo tank
showing evidence of dents, cuts, digs,
gouges, bulges, or corroded or abraded
areas must be thickness tested in
accordance with the procedures set
forth in paragraphs (i)(2), (i)(3), (i)(5),
(i)(6), (i)(9), and (i)(10) of this section;
and evaluated in accordance with the
criteria prescribed and minimum
thickness definition in §§ 178.320 and
180.411 of this subchapter, respectively.
Any signs of leakage must be repaired.
All repairs must be performed in
accordance with § 180.413. The
suitability of any repair affecting the
structural integrity of the cargo tank
must be determined either by the testing
required in the applicable
manufacturing specification or in
paragraph (g)(1)(iv) of this section.
*
*
*
*
*
(3) The cargo tank motor vehicle has
been out of hazardous materials
transportation service for a period of
one year or more. For each cargo tank
motor vehicle that has been out of
hazardous materials transportation
service for a period of one year or more,
a pressure test in accordance with
§ 180.407(g) must be conducted prior to
further use in hazardous materials
transportation.
*
*
*
*
*
(5) The Department so requires based
on the objectively reasonable and
articulable belief that the cargo tank is
in an unsafe operating condition.
(c) Periodic test and inspection. Each
cargo tank motor vehicle subject to this
subpart must be tested and inspected as
specified in the following table by a
Registered Inspector meeting the
qualifications in § 180.409. The retest
date shall be determined from the
specified interval identified in the
following table from the most recent
inspection completed in accordance
with the requirements in part 180 or the
cargo tank motor vehicle certification
date.
*
*
*
*
*
(d) External visual inspection and
testing. The following applies to the
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external visual inspection and testing of
cargo tanks:
(1) Where insulation, or coverings
such as wrappings and coatings,
precludes a complete external visual
inspection as required by paragraphs
(d)(2) through (d)(6) of this section, the
cargo tank also must be given an
internal visual inspection in accordance
with paragraph (e) of this section. If
external visual inspection is precluded
because any part of the cargo tank wall
is externally lined, coated, or designed
to prevent an external visual inspection,
those areas of the cargo tank must be
internally inspected. If internal visual
inspection is precluded because the
cargo tank is lined, coated, or designed
so as to prevent access for internal
inspection, the tank must be
hydrostatically or pneumatically tested
in accordance with paragraph (g)(1)(iv)
of this section. Those items able to be
externally inspected must be externally
inspected and noted in the inspection
report.
(2) The external visual inspection and
testing must include as a minimum the
following:
(i) The tank shell and heads must be
inspected for corroded or abraded areas,
dents, distortions, and defects in welds,
and evaluated in accordance with
§ 180.411. During the inspection of the
cargo tank shell and heads, all pad
attachments on either the cargo tank
shell or head shall be inspected for
method of attachments and any other
conditions that might render the
appurtenance as unsafe;
(ii) The piping system, which
includes piping, flexible connectors,
valves, and gaskets, must be carefully
inspected for corroded areas, defects in
welds, and other conditions, including
leakage, that might render the tank
unsafe for transportation service;
(iii) All devices for tightening
manhole covers must be operative and
there must be no evidence of leakage at
manhole covers or gaskets;
(iv) All emergency devices and valves,
including self-closing stop valves,
excess flow valves, and remote closure
devices, including all emergency
discharge control systems and delivery
hoses required by § 173.315(n), must be
inspected for corrosion, distortion,
erosion, and any external damage that
will prevent safe operation. All
emergency closure devices and selfclosing stop valves must be operated to
demonstrate proper functioning. The
distance for testing non-mechanical
remote shutoff devices must be in
accordance with the original device
manufacturer’s specification;
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(v) Missing bolts, nuts and fusible
links or elements must be replaced, and
loose bolts and nuts must be tightened;
(vi) All markings on the cargo tank
required by parts 172, 178, and 180 of
this subchapter must be legible;
(vii) [Reserved]
(viii) All appurtenances and structural
attachments on the cargo tank
including, but not limited to,
suspension system attachments,
connecting structures, and those
elements of the upper coupler
(including the king pin) assembly that
can be inspected without dismantling
the upper coupler assembly must be
inspected for any corrosion or damage
that might prevent safe operation;
(ix) For cargo tank motor vehicles
transporting lading corrosive to the
cargo tank, areas covered by the upper
coupler assembly must be inspected at
least once in each two-year period for
corroded and abraded areas, dents,
distortions, defects in welds, and any
other condition that might render the
tank unsafe for transportation service.
The upper coupler assembly must be
removed from the cargo tank for this
inspection except when the upper
coupler allows for a complete
inspection of the area of the cargo tank
that is directly above the upper coupler,
and the inspection is conducted by
directly viewing the cargo tank. Directly
viewing means the area is inspected
without the use of an aid, such as
mirrors, cameras, or fiber optics. If the
upper coupler is removed from the
cargo tank motor vehicle, it must be
reattached in accordance with the
manufacturer’s instructions and
§ 393.70.
(3) For reclosing pressure relief
devices, the following applies:
(i) All reclosing pressure relief
devices must be externally inspected for
any corrosion or damage that might
prevent safe operation.
(ii) All reclosing pressure relief
devices on cargo tank motor vehicles
carrying lading corrosive to the pressure
relief device must be removed from the
cargo tank motor vehicle for inspection
and bench testing in accordance with
paragraph (j) of this section.
(4) Ring stiffeners or appurtenances,
installed on cargo tank motor vehicles
constructed of mild steel or highstrength, low-alloy steel, that create air
cavities adjacent to the tank shell that
do not allow for external visual
inspection must be thickness tested in
accordance with paragraphs (i)(2) and
(i)(3) of this section, at least once every
two years. At least four symmetrically
distributed readings must be taken to
establish an average thickness for the
ring stiffener or appurtenance. If any
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85679
thickness reading is less than the
average thickness by more than 10
percent, thickness testing in accordance
with paragraphs (i)(2) and (i)(3) of this
section must be conducted from the
inside of the cargo tank on the area of
the tank wall covered by the ring
stiffener or appurtenance.
(5) Corroded or abraded areas of the
cargo tank wall must be thickness tested
in accordance with the procedures set
forth in paragraphs (i)(2), (i)(3), (i)(5),
(i)(6), (i)(9), and (i)(10) of this section.
(6) The gaskets on any full opening
rear head must be:
(i) Visually inspected for cracks or
splits caused by weather or wear; and
(ii) Replaced if cuts or cracks that are
likely to cause leakage, or are of a depth
1⁄2 inch or more, are found.
(7) External ring stiffeners installed on
cargo tank motor vehicles must be
inspected for corrosion, pitting, abraded
areas, or damage, and repaired as
appropriate.
(8) Welded repairs on the cargo tank
wall must be inspected for leakage and
weld defects. The Registered Inspector
must verify that the welded repair was
done in accordance with § 180.413.
(9) The inspector must record the
results of the external visual
examination as specified in
§ 180.417(b).
*
*
*
*
*
(f) Lining inspection. When lining is
required by this subchapter, the
integrity of the cargo tank lining must be
verified at least once each year as
follows:
*
*
*
*
*
(2) For linings made of materials other
than rubber (elastomeric material), the
owner of the cargo tank motor vehicle
must obtain documentation from the
lining manufacturer or installer that
specifies the proper procedure for the
lining inspection. This documentation
must be provided to the Registered
Inspector before inspection.
(3) Degraded or defective areas of the
cargo tank lining must be removed and
the cargo tank wall below the defect
must be inspected. Corroded areas of the
tank wall must be thickness tested in
accordance with paragraphs (i)(2), (i)(3),
(i)(5), (i)(6), (i)(9), and (i)(10) of this
section. If the degraded or defective
areas of the cargo tank lining are
repaired or if the lining is replaced, it
must comply with lining manufacturer
or installer procedures, subject to the
lining requirements of this subchapter.
*
*
*
*
*
(g) * * *
(1) * * *
(ii) All self-closing pressure relief
devices, including emergency relief
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devices and normal vent devices, must
be removed from the cargo tank motor
vehicle for inspection and bench testing
in accordance with paragraph (j) of this
section.
(iii) Except for cargo tank motor
vehicles carrying lading corrosive to the
cargo tank, areas covered by the upper
coupler assembly must be inspected for
corroded and abraded areas, dents,
distortions, defects in welds, and any
other condition that might render the
tank unsafe for transportation service.
The upper coupler assembly must be
removed from the cargo tank for this
inspection except when the upper
coupler allows for a complete
inspection of the area of the cargo tank
that is directly above the upper coupler,
and the inspection is conducted by
directly viewing the cargo tank. Directly
viewing means the area is inspected
without the use of an aid, such as
mirrors, cameras, or fiber optics. If the
upper coupler is removed from the
cargo tank, it must be reattached in
accordance with the manufacturer’s
instructions and § 393.70.
*
*
*
*
*
(viii) Hydrostatic test method. Each
cargo tank must be filled with water or
other liquid having similar viscosity, at
a temperature not exceeding 100 °F. The
cargo tank must then be pressurized as
specified in paragraph (g)(1)(iv) of this
section. The cargo tank, including its
closures, must hold the prescribed test
pressure for at least 10 minutes during
which time it shall be inspected for
leakage, bulging or any other defect.
*
*
*
*
*
(3) Each MC 330 and MC 331 cargo
tank constructed of quenched and
tempered steel in accordance with Part
UHT in Section VIII of the ASME Code
(IBR, see § 171.7 of this subchapter), or
constructed of other than quenched and
tempered steel but without postweld
heat treatment, and used for the
transportation of anhydrous ammonia or
any other hazardous materials that may
cause corrosion stress cracking, must be
internally inspected by the wet
fluorescent magnetic particle method
immediately prior to and in conjunction
with the performance of the pressure
test prescribed in this section. Each MC
330 and MC 331 cargo tank constructed
of quenched and tempered steel in
accordance with Part UHT in Section
VIII of the ASME Code and used for the
transportation of liquefied petroleum
gas must be internally inspected by the
wet fluorescent magnetic particle
method immediately prior to and in
conjunction with the performance of the
pressure test prescribed in this section.
The wet fluorescent magnetic particle
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inspection must be in accordance with
Section V of the ASME Code and CGA
Technical Bulletin P–26 (formerly TB–
2) (IBR, see § 171.7 of this subchapter).
This paragraph does not apply to cargo
tanks that do not have manholes. (See
§ 180.417(c) for reporting requirements.)
*
*
*
*
*
(6) Acceptance criteria. A cargo tank
motor vehicle that leaks, fails to retain
test pressure, shows distortion, or
displays other evidence of weakness
that might render the cargo tank motor
vehicle unsafe for transportation service
may not be returned to service, except
as follows: A cargo tank motor vehicle
with a heating system that does not hold
pressure may remain in service as an
unheated cargo tank motor vehicle if:
*
*
*
*
*
(h) Leakage test. The following
requirements apply to cargo tanks
requiring a leakage test:
(1) Each cargo tank must be tested for
leaks in accordance with paragraph (c)
of this section. The leakage test must
include all components of the cargo
tank wall, and the piping system with
all valves and pressure relief devices in
place and operative, except that any
pressure relief devices set to discharge
at less than the leakage test pressure
must be removed or rendered
inoperative during the test. All internal
or external self-closing stop valves must
be tested for leak tightness. Each cargo
tank of a multi-cargo tank motor vehicle
must be tested with adjacent cargo tanks
empty and at atmospheric pressure. Test
pressure must be maintained for at least
five minutes. Cargo tanks in liquefied
compressed gas service must be
externally inspected for leaks during the
leakage test. Suitable safeguards must be
provided to protect personnel should a
failure occur. Cargo tanks may be
leakage tested with hazardous materials
contained in the cargo tank during the
test. Leakage test pressure must be no
less than 80 percent of MAWP marked
on the specification plate except as
follows:
(i) A cargo tank motor vehicle with an
MAWP of 690 kPa (100 psig) or more
may be leakage tested at its maximum
normal operating pressure provided it is
in dedicated service or services.
(ii) A specification MC 330 or MC 331
cargo tank motor vehicle or a nonspecification cargo tank motor vehicle
authorized under § 173.315(k) of this
subchapter in dedicated liquefied
petroleum gas service may be leakage
tested at not less than 414 kPa (60 psig).
(iii) An operator of a specification MC
330 or MC 331 cargo tank motor vehicle,
or a non-specification cargo tank
authorized under § 173.315(k) of this
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subchapter, equipped with a meter may
check leak tightness of the internal selfclosing stop valve by conducting a
meter creep test. (See Appendix B to
this part.).
(iv) A specification MC 330 or MC 331
cargo tank motor vehicle in dedicated
service for anhydrous ammonia may be
leakage tested at not less than 414 kPa
(60 psig).
(v) A non-specification cargo tank
required by § 173.8(d) of this subchapter
to be leakage tested must be leakage
tested at not less than 16.6 kPa (2.4
psig), or as specified in paragraph (h)(2)
of this section.
(2) Cargo tank motor vehicles used to
transport petroleum distillate fuels that
are equipped with vapor collection
equipment may be leak tested in
accordance with the Environmental
Protection Agency’s ‘‘Method 27—
Determination of Vapor Tightness of
Gasoline Delivery Tank Using PressureVacuum Test,’’ as set forth in Appendix
A to 40 CFR part 60. Test methods and
procedures, and maximum allowable
pressure and vacuum changes, are in 40
CFR 63.425(e). The hydrostatic test
alternative, using liquid in
Environmental Protection Agency’s
‘‘Method 27—Determination of Vapor
Tightness of Gasoline Delivery Tank
Using Pressure-Vacuum Test,’’ may not
be used to satisfy the leak testing
requirements of this paragraph. The test
must be conducted using air.
(3) A cargo tank motor vehicle that
has leaks or fails to retain leakage test
pressure may not be returned to service
until repaired as required by this
subpart.
(4) Registered Inspectors conducting a
leakage test on specification MC 330
and MC 331 cargo tank motor vehicles,
and non-specification cargo tank motor
vehicles authorized under § 173.315(k)
of this subchapter, must visually inspect
the delivery hose assembly and piping
system, including any delivery hose
assembly used to meet § 173.315(n),
while the assembly is under leakage test
pressure utilizing the rejection criteria
listed in § 180.416(g). The test pressure
of the delivery hose assembly must be
at least 80 percent of the MAWP of the
cargo tank. Delivery hose assemblies not
permanently attached to the cargo tank
motor vehicle may be inspected and
tested while not attached to the cargo
tank motor vehicle. In addition to a
written record of the inspection
prepared in accordance with
§ 180.417(b), the Registered Inspector
conducting the test must note the hose
identification number, the date of the
test, and the condition of the hose
assembly and piping system tested.
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(5) The inspector must record the
results of the leakage test as specified in
§ 180.417(b).
(i) * * *
(4) * * *
(v) Areas around shell reinforcements
including around all ring stiffeners and
those areas in the bottom half of the
cargo tank;
*
*
*
*
*
(6) * * *
(i) A Design Certifying Engineer must
certify that the cargo tank design and
thickness are appropriate for the
reduced loading conditions by issuance
of a revised manufacturer’s certificate.
The DCE must provide this revised
certificate to the cargo tank motor
vehicle owner, and
(ii) The cargo tank motor vehicle’s
name plate or certification plate must
reflect the revised service limits.
*
*
*
*
*
■ 128. In § 180.409:
■ a. Revise paragraph (a) introductory
text; and
■ b. Add paragraph (a)(4).
The revision and addition read as
follows:
§ 180.409 Minimum qualifications for
inspectors and testers.
(a) A person performing or witnessing
the inspections and tests specified in
this subpart must—
*
*
*
*
*
(4) Meet the training requirements of
part 172 subpart H.
*
*
*
*
*
■ 129. In § 180.411:
■ a. Revise paragraphs (b) introductory
text, (b)(1), and (g) introductory text;
and
■ b. Add paragraph (h).
The revisions and addition read as
follows:
§ 180.411 Acceptable results of tests and
inspections.
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*
*
*
*
*
(b) Dents, cuts, digs, bulges, and
gouges. For evaluation procedures, see
CGA C–6 (IBR, see § 171.7 of this
subchapter).
(1) For dents or bulges at welds or that
include a weld, the maximum allowable
depth is 1⁄2 inch. For dents or bulges
away from welds, the maximum
allowable depth is 1⁄10 of the greatest
dimension of the dent, but in no case
may the depth exceed one inch.
*
*
*
*
*
(g) Pressure test. Any cargo tank that
fails to meet the acceptance criteria
found in the individual specification
that applies must be properly repaired.
(h) Conditions requiring removal from
service. (1) If the Registered Inspector
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determines that a cargo tank motor
vehicle, for any reason, does not meet
the applicable design specification, the
qualification requirements of § 180.405,
or fails any test or inspection required
by this subpart, it may not be
represented as a DOT specification
cargo tank motor vehicle.
(2) The cargo tank motor vehicle shall
not be used in specification service until
it is in compliance with the
specification requirements and has been
successfully tested and inspected as
required by § 180.407(c) of this subpart.
■ 130. In § 180.413, revise paragraph
(b)(6) to read as follows:
§ 180.413 Repair, modification, stretching,
rebarrelling, or mounting of specification
cargo tanks.
*
*
*
*
*
(b) * * *
(6) MC 330 and MC 331 cargo tanks
must be repaired in accordance with the
repair procedures described in CGA
Technical Bulletin P–26 (formerly TB–
2) (IBR, see § 171.7 of this subchapter)
and the National Board Inspection Code
(IBR, see § 171.7 of this subchapter).
Each cargo tank having cracks or other
defects requiring welded repairs must
meet all inspection, test, and heat
treatment requirements in § 178.337–16
of this subchapter in effect at the time
of the repair, except that postweld heat
treatment after minor weld repairs is not
required. When a repair is made of
defects revealed by the wet fluorescent
magnetic particle inspection, including
those repaired by grinding, the affected
area of the cargo tank must again be
examined by the wet fluorescent
magnetic particle method after
hydrostatic testing to assure that all
defects have been removed.
*
*
*
*
*
■ 131. In § 180.415, revise paragraph (b)
introductory text to read as follows:
§ 180.415
Test and inspection markings.
*
*
*
*
*
(b) Each cargo tank must be durably
and legibly marked, in English, with the
date (month and year), the type of test
or inspection performed, and if not
already marked on the cargo tank, the
registration number, as required by part
107, subpart F, of this chapter, of the
person performing the test or
inspection, subject to the following
provisions:
*
*
*
*
*
■ 132. In § 180.416, revise paragraphs
(a), (b), (c), (f) introductory text, and
(f)(3) to read as follows:
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85681
§ 180.416 Discharge system inspection
and maintenance program for cargo tanks
transporting liquefied compressed gases.
(a) Applicability. This section is
applicable to an operator using
specification MC 330, MC 331, and nonspecification cargo tank motor vehicles
authorized under § 173.315(k) of this
subchapter for transportation of
liquefied compressed gases other than
carbon dioxide. Paragraphs (b), (c),
(d)(1), (d)(5), (e), (f), and (g)(1) of this
section, applicable to delivery hose
assemblies, apply only to hose
assemblies installed or carried on the
cargo tank.
(b) Hose identification. The operator
must assure that each delivery hose
assembly is permanently marked with a
unique identification number and
maximum working pressure.
(c) Post-delivery hose check. After
each unloading, the operator must
visually check that portion of the
delivery hose assembly deployed during
the unloading using the rejection
criteria identified in paragraph (g) of
this section.
*
*
*
*
*
(f) New or repaired delivery hose
assemblies. Each operator of a cargo
tank motor vehicle must ensure each
new and repaired delivery hose
assembly is tested at a minimum of 120
percent of the hose maximum working
pressure.
*
*
*
*
*
(3) The operator must complete a
record documenting the test and
inspection, including the date, the
signature of the inspector, the hose
owner, the hose identification number,
the date of original delivery hose
assembly and test, notes of any defects
observed and repairs made, and an
indication that the delivery hose
assembly passed or failed the tests and
inspections. A copy of each test and
inspection record must be retained by
the operator at its principal place of
business or where the vehicle is housed
or maintained until the next test of the
same type is successfully completed.
*
*
*
*
*
■ 133. In § 180.501, revise paragraph (b)
to read as follows:
§ 180.501
Applicability
*
*
*
*
*
(b) This subpart also establishes the
minimum acceptable framework for an
owner’s qualification and maintenance
program for tank cars and components.
Owners should follow this subpart in
developing their written procedures
(work instructions), as required under
§ 179.7(d), for use by tank car facility
employees. The owner’s qualification
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
and maintenance program for each tank
car, or a fleet of tank cars, must identify
where to inspect, how to inspect, and
the acceptance criteria. Alternative
inspection and test procedures or
intervals based on a damage-tolerance
analysis or service reliability assessment
must be approved by the Associate
Administrator for Railroad Safety in
accordance with § 180.509(l). Tank car
facilities must incorporate the owner’s
qualification and maintenance program
in their quality assurance program, as
required under § 179.7(a)(2), (b)(3),
(b)(5), and (d).
*
*
*
*
*
■ 134. In § 180.503, revise the
definitions of ‘‘coating/lining owner’’,
‘‘maintenance’’, ‘‘modification’’, the first
sentence of ‘‘qualification’’, ‘‘service
equipment’’, ‘‘service equipment
owner’’, and ‘‘tank car owner’’ to read
as follows:
§ 180.503
Definitions.
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*
*
*
*
*
Coating/lining owner means the
person responsible for the development
or approval, and execution of the
qualification and maintenance program
for the coating/lining.
*
*
*
*
*
Maintenance means performance of
functions including repairs, necessary
and appropriate to ensure an inoperation tank car’s specification until
its next qualification.
Modification means any change to a
tank car that affects the Design Approval
Certificate prescribed in § 179.5 or the
certificate of construction for tank cars
manufactured prior to [DATE ONE
YEAR FROM EFFECTIVE DATE],
including an alteration prescribed in
§ 179.6, or conversion.
*
*
*
*
*
Qualification, as relevant to a tank
car, means the car and its components
conforms to the specification to which
it was designed, manufactured, or
modified to the requirements of this
subpart, to the approved design, and to
the owner’s acceptance criteria. * * *
*
*
*
*
*
Service equipment means pressure or
lading retaining equipment including
but not limited to:
(1) Pressure relief devices;
(2) Valves;
(3) Closures;
(4) Fittings;
(5) Manway covers;
(6) Fill-hole covers;
(7) Vents;
(8) Sampling equipment;
(9) Vacuum relief equipment;
(10) Devices used for measuring the
amount of lading and/or lading
temperature;
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18:14 Oct 25, 2024
Jkt 265001
(11) Devices used for flow restriction;
(12) Interior heating systems; or
(13) Other devices used for loading
and unloading (e.g., siphon pipe).
Service equipment owner means the
person responsible for the development
or approval, and execution of the
qualification and maintenance program
for the service equipment.
Tank car owner means the person
responsible for the development or
approval, and execution of the
qualification and maintenance program
for the tank car.
*
*
*
*
*
■ 135. In § 180.509, revise paragraphs
(i)(1) and (k)(2) to read as follows:
§ 180.509 Requirements for inspection and
test of specification tank cars.
*
*
*
*
*
(i) * * *
(1) At a minimum, the owner of an
internal coating or lining applied to
protect a tank used to transport a
material that is corrosive or reactive to
the tank must ensure an inspection
adequate enough to detect defects or
other conditions that could reduce the
design level of reliability and safety of
the tank is performed. In addition, the
owner of a coating or lining of tank cars
used to transport hazardous materials
corrosive or reactive to the tank must
ensure the lining complies with
§§ 173.24(b)(2) and (b)(3) of this
subchapter.
*
*
*
*
*
(k) * * *
(2) Service equipment, including
reclosing pressure relief devices and
interior heater systems, must conform to
the applicable provisions of Appendix D
of the AAR Specifications for Tank Cars
(IBR, see § 171.7 of this subchapter).
*
*
*
*
*
■ 136. In § 180.513, revise paragraph (b)
to read as follows:
§ 180.513 Repairs, alterations,
conversions, and modifications.
*
*
*
*
*
(b) Responsibilities of Tank Car
Facility. A tank car facility must obtain
the permission of the equipment owner
before performing work affecting
alteration, conversion, repair, or
qualification of the owner’s equipment.
For the purposes of qualification and
maintenance, the tank car facility must
use the written instructions furnished
by the owner and have written
confirmation from the owner allowing
the use of written instructions furnished
by the owner; or have written
confirmation from the owner allowing
the use of written instructions furnished
by another. A tank car facility must not
use, copy, distribute, forward, or
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Fmt 4701
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provide to another person the owner’s
confidential and proprietary written
instructions, procedures, manuals, and
records without the owner’s permission.
A tank car facility must report all work
performed to the owner. The tank car
facility must also report observed
damage, deterioration, failed
components, or non-compliant parts to
the owner. A tank car facility must
incorporate the owner’s qualification
and maintenance program into their
own Quality Assurance Program.
*
*
*
*
*
■ 137. In § 180.517:
■ a. Revise paragraphs (a) and (b)(8);
and
■ b. Add paragraph (b)(9).
The revisions and addition read as
follows:
§ 180.517 Reporting and record retention
requirements.
(a) Certification and representation.
Each owner of a specification tank car
must retain the Design Approval
Certificate or the certificate of
construction (AAR Form 4–2) for a
specification tank car manufactured
prior to [DATE ONE YEAR FROM
EFFECTIVE DATE] and related
qualification reports certifying that the
manufacture or maintenance of the
specification tank car identified in the
documents is in accordance with the
applicable specification. The
qualification reports generated by the
tank car facility and the marking of the
tank car with the tank specification is
the representation that all of the
appropriate inspections and tests were
successfully performed to qualify the
tank for use in accordance with the
current Design Approval Certificate or
certificate of construction (AAR Form
4–2), as appropriate. These documents
must be maintained for the life of the
tank car. Each owner of a specification
tank car must retain the documents
throughout the period of ownership of
the specification tank car and for one
year thereafter. Upon a change of
ownership, the Design Approval
Certificate or certificate of construction
(AAR Form 4–2), as applicable, and all
applicable documents as prescribed in
Section 1.3.15 of the AAR Specifications
for Tank Cars (IBR, see § 171.7 of this
subchapter) must be provided to the
new tank car owner. A tank car facility
performing work on the car may retain
copies of relevant records in accordance
with § 179.7(b)(12).
(b) * * *
(8) The unique code (station stencil)
identifying the facility; and
(9) Tank car facility registration
number(s) (see § 107.905 of this
chapter).
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules
138. In Appendix D to part 180, revise
the second paragraph to read as follows:
■
Appendix D to Part 180—Hazardous
Materials Corrosive to Tanks or Service
Equipment
*
*
*
*
*
lotter on DSK11XQN23PROD with PROPOSALS2
While every effort was made to identify
materials deemed corrosive to the tank or
service equipment, owners and operators are
cautioned that this list may not be inclusive.
Tank car owners and operators are reminded
VerDate Sep<11>2014
18:14 Oct 25, 2024
Jkt 265001
of their duty to ensure that no in-service tank
will deteriorate below the specified
minimum thickness requirements in this
subchapter. See § 180.509(f)(3). In addition,
FRA states a tank car owner must designate
an internal coating or lining appropriately
based on its knowledge of the chemical and
not rely simply on this list. Regarding future
thickness tests, this list may also be modified
based on an analysis of the test results by the
car owner or the Department of
Transportation.
*
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*
*
Frm 00095
*
Fmt 4701
Issued in Washington, DC on October 4,
2024, under authority delegated in 49 CFR
part 1.97.
William S. Schoonover,
Associate Administrator for Hazardous
Materials Safety, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. 2024–23421 Filed 10–25–24; 8:45 am]
BILLING CODE 4910–60–P
*
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85683
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]]>Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Proposed Rules]
[Pages 85590-85683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23421]
[[Page 85589]]
Vol. 89
Monday,
No. 208
October 28, 2024
Part II
Department of Transportation
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Pipeline and Hazardous Materials Safety Administration
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49 CFR Parts 107, 171, 172, et al.
Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel
Transportation; Proposed Rule
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 /
Proposed Rules
[[Page 85590]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, 172, 173, 174, 176, 177, 178, 179, and 180
[Docket No. PHMSA-2018-0080 (HM-265)]
RIN 2137-AF41
Hazardous Materials: Advancing Safety of Highway, Rail, and
Vessel Transportation
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA proposes to revise the Hazardous Materials Regulations
to adopt several modal-specific amendments that would enhance the safe
transportation of hazardous materials in commerce. PHMSA, in
consultation with the Federal Motor Carrier Safety Administration, the
Federal Railroad Administration, and the United States Coast Guard,
proposes amendments identified during Departmental review and from
industry petitions for rulemaking.
DATES: Comments must be received by January 27, 2025. To the extent
possible, PHMSA will consider late-filed comments as a final rule is
developed.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2018-0080 (HM-265) by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: Docket Management System; 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: Docket Management System; 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 (PHMSA-2018-0080) or Regulation Identifier Number (RIN)
(2137-AF41) for this rulemaking at the beginning of the comment. To
avoid duplication, please use only one of these four methods. All
comments received will be posted without change to the Federal Docket
Management System (FDMS) and will include any personal information you
provide.
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).
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments to this NPRM contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to this
NPRM, it is important that you clearly designate the submitted comments
as CBI. Please mark each page of your submission containing CBI as
``PROPIN.'' Submissions containing CBI should be sent to Eamonn
Patrick, Office of Hazardous Materials Safety, Standards and Rulemaking
Division, Pipeline and Hazardous Materials Safety Administration, U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC
20590-0001. Any commentary that PHMSA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Eamonn Patrick, Standards and
Rulemaking Division, 202-366-8553, Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Background
A. Railroad Safety Advisory Committee
B. AAR Authority To Approve the Design of Tank Cars and Quality
Assurance Programs
1. Introduction
2. Tank Car Design Approval
3. Tank Car Facility Quality Assurance Program
4. Tank Car Facility Definition
5. Tank Car Facility and Design Certifying Engineer Registration
6. AAR Specifications for Tank Cars Incorporation by Reference
7. Tank Car Linings and Coatings
8. Editorial Revision to Sec. Sec. 180.501 and 180.513
C. Cargo Tank Regulatory Amendments
D. Cargo Tank Marking for Petroleum Distillate Fuels
E. P-1712
F. P-1724
G. P-1735
III. Overview
A. Rail
B. Highway
C. Vessel
D. Multi-Modal
IV. Section-by-Section Review
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
B. Executive Order 12866, 14094, and DOT Regulatory Policies and
Procedures
C. Executive Order 13132
D. Executive Order 13175
E. Regulatory Flexibility Act and Executive Order 13272
F. Paperwork Reduction Act
G. Unfunded Mandates Reform Act of 1995
H. Draft Environmental Assessment
I. Privacy Act
J. Executive Order 13609 and International Trade Analysis
K. National Technology Transfer and Advancement Act
L. Executive Order 13211
M. Cybersecurity and Executive Order 14082
N. Severability
I. Executive Summary
The Pipeline and Hazardous Materials Safety Administration (PHMSA)
proposes to amend the requirements for the transportation of hazardous
materials set out in the Hazardous Materials Regulations (HMR) (49 Code
of Federal Regulations (CFR) parts 171 to 180) and 49 CFR part 107.
This rulemaking aims to amend provisions specific to the highway, rail,
and vessel transportation of hazardous materials.
In this notice of proposed rulemaking (NPRM), PHMSA proposes to
reform modal specific requirements in the HMR. PHMSA expects that the
adoption of these proposals will maintain or enhance the safe
transportation of hazardous materials while increasing the clarity of
the HMR, and therefore decreasing compliance burdens. The proposed
amendments also reflect changing conditions and trends that affect the
safe transportation of hazardous materials while still maintaining or
enhancing safety. The following are some of the more noteworthy
subjects covered by proposed revisions:
Rail tank car use requirements as recommended by the Rail
Safety Advisory Committee (RSAC);
[[Page 85591]]
Rail tank car and service equipment design approval
requirements;
Highway cargo tank specifications and requalification
requirements; and
Marking requirements for cargo tanks that contain multiple
petroleum distillate fuels.
In this rulemaking, PHMSA solicits comment from the public and
regulated community on these proposed amendments, specifically
pertaining to the need for, benefits, and costs of the proposed
amendments; impact on safety; public interest; and any other relevant
concerns. In its preliminary regulatory impact analysis (PRIA), PHMSA
concluded that the aggregate benefits of the proposed amendments
justify their aggregate costs. PHMSA estimates annualized net benefits
at a two percent discount rate of approximately $97.3 million per year.
Details on the estimated cost savings and benefits of this rulemakings
can be found in the PRIA, which is available in the public docket for
this rulemaking.
II. Background
The Federal Hazardous Materials Transportation Act (HMTA; 49 U.S.C.
5101 et seq.) at 49 U.S.C. 5103 gives the Secretary general authority
to issue regulations for the safe transportation of hazardous materials
in commerce. The Secretary delegates the above statutory authorities to
PHMSA at 49 CFR 1.97.
A. Railroad Safety Advisory Committee
RSAC is a Federal Advisory Committee established by the U.S.
Secretary of Transportation in accordance with the Federal Advisory
Committee Act (5 U.S.C. App. 2) to provide information, advice, and
recommendations to the Federal Railroad Administration (FRA)
Administrator on matters relating to railroad safety. In 1996, FRA
established RSAC to develop new regulatory standards, through a
collaborative process, with all segments of the rail community working
together to fashion mutually satisfactory solutions on safety
regulatory issues. PHMSA participates in RSAC when issues related to
hazardous material transportation are discussed, and participated in
the development of the proposed recommendations in this rulemaking. On
November 5, 2015, the RSAC accepted Task No. 15-04: ``Hazardous
Materials Issues,'' which assigned the Hazardous Materials Issues
Working Group (HMIWG) to consider several revisions to the HMR to
enhance the safety of hazardous materials transported by rail.\1\
Consensus-approved regulatory change proposals were developed by the
HMIWG and forwarded to the RSAC for consideration. On May 25, 2017, the
RSAC voted and approved HMIWG's consensus recommendations of changes to
the HMR (hereafter referred to as the consensus recommendations) and
submitted the suggested revisions to FRA. FRA subsequently recommended
that PHMSA initiate a rulemaking to propose and adopt the consensus
recommendations. In this rulemaking, PHMSA proposes to adopt the RSAC
consensus recommendations with some modifications. Note that not all of
the consensus recommendations are proposed as received. Rather, this
rulemaking includes some revisions to the recommendations to better fit
the construction of the HMR; to provide more appropriate amendatory
instruction to the Office of the Federal Register; and to address some
technical issues discovered during detailed review of the proposed
regulatory text that was provided in the recommendation.
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\1\ More information about the RSAC, including HMIWG meeting
minutes and other supporting documents can be found at: https://rsac.fra.dot.gov/.
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The consensus recommendations propose to make amendments to update,
clarify, or remove existing requirements that are outdated or
unnecessary. They propose the following changes, among others: (1)
require tank car facilities to apply for and receive a DOT registration
letter from PHMSA assigning a registration number prior to qualifying
tank cars for service; (2) incorporate by reference updated versions of
certain industry standards, including the Association of American
Railroads (AAR) Manual of Standards and Recommended Practices Section
C-III Specifications for Tank Cars (M-1002); and (3) revise the
requirements for One-Time Movement Approvals (OTMAs). These changes are
discussed in greater detail later in ``Section IV. Section-by-Section
Review.''
On August 27 and 28, 2013, FRA held a public meeting \2\ to invite
stakeholders and the public to participate in a comprehensive review of
part 174 of the HMR, to improve the safety of railroad transportation
of hazardous materials. Specifically, FRA sought comment on identifying
provisions of part 174--Carriage by Rail--that are outdated, unclear,
no longer necessary, present an undue economic burden on the regulated
community, are inconsistent with other North American standards and
regulations (such as those issued by the AAR and Transport Canada), do
not sufficiently address modern safety concerns, or do not sufficiently
address technological advancements and procedural changes in the
railroad operating environment. FRA included specific requests for
comment on the public meeting agenda for a review of definitions and
abbreviations (Sec. 171.8); notice to train crews (Sec. 174.24);
nonconforming or leaking packages (Sec. 174.50); packagings, cargo
tanks, and multi-unit tank car tanks in Tank-on-Flatcar (TOFC) and
Container-on-Flatcar (COFC) service (Sec. Sec. 174.61 and 174.63),
tank car unloading (Sec. 174.67); switching placarded railcars,
transport vehicles, freight containers and bulk packagings (Sec.
174.83); position of railcars (Sec. 174.85); as well as an open
discussion on part 174. In its consensus recommendations, the RSAC
addressed many of the issues identified and discussed during this
public meeting. See ``Section IV. Section-by-Section Review'' for
discussion of specific proposed changes because of the public meeting
comments and RSAC deliberations.
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\2\ Comments from various associations and members of the public
can be found at: https://www.regulations.gov/docket?D=FRA-2013-0067.
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B. AAR Authority To Approve the Design of Tank Cars and Quality
Assurance Programs
1. Introduction
The design, construction, maintenance, and qualification of tank
cars used to transport hazardous materials are complex regulatory
topics. Tank cars are the largest type of hazardous materials packaging
in use in surface transportation, and the consequence of failure during
transportation can be--and has been--catastrophic. The HMR currently
delegate tank car and service equipment design approval and tank car
facility Quality Assurance Program (QAP) approval to the AAR Tank Car
Committee (TCC). The AAR TCC is a body of representatives drawn from
the railroads, tank car shippers, and the tank car manufacturing,
maintenance, and repair industry. The AAR TCC approves tank car designs
and manages QAP approval, as well as develops its own standards for the
design and operation of tank cars. PHMSA and FRA provide regulatory
oversight to the AAR TCC approval process to ensure the committee is
operating within the HMR's purview. The process by which the AAR TCC
approves tank car and service equipment designs, materials, and
construction, and conversion or alteration, is not specified in Sec.
179.3; however, typically the committee votes on the proposed designs,
materials, and
[[Page 85592]]
construction, and conversion or alteration based on AAR TCC staff
review of design drawings and/or service trial results. The approval of
QAPs is handled similarly via a vote of the AAR TCC after the facility
has been audited by AAR Bureau of Explosives auditors. Audit
scheduling, procedure, and recommendation for approval or denial is
conducted wholly at the discretion of the AAR.
The HMR require each tank car facility to maintain a QAP that meets
the requirements of Sec. 179.7, with the intent that a properly
implemented QAP will:
Ensure the qualified tank car conforms to the requirements
of the applicable specification and regulations;
Identify any defects in the tank car manufacturing,
repair, inspection, testing, and qualification or maintenance program;
and
Prevent any non-conformity from recurring.
Specifically, tank car facility QAPs must--at a minimum--address
the elements in Sec. 179.7(b)-(e), including verification of
construction materials, monitoring and control of processes, and
qualification of personnel.
PHMSA and FRA initiated a review of the current regulations in part
179--Specifications for Tank Cars--that require both tank car design
and tank car facility QAPs to be approved by the AAR TCC. Additionally,
PHMSA and FRA recognize that the scope of the definition of tank car
facility has created confusion among tank car shippers and in the tank
car manufacturing and maintenance industry. In this rulemaking, PHMSA
proposes to revise the definition of tank car facility to reduce
confusion and uncertainty in the regulated community. In conjunction
with the other rail-specific changes proposed in this rule, this change
will improve safety of rail transportation through increased awareness
of who qualifies as a tank car facility and who specifically must
comply with the HMR requirements for that facility (see ``Section
II.B.4 Tank Car Facility Definition'' for further discussion on this
issue).
PHMSA and FRA have determined that the current system requiring AAR
approval for tank car facility QAPs and tank car designs creates a
regulatory bottleneck without commensurate safety benefits for the
regulated industry. As such, PHMSA proposes revisions to the current
system to relieve confusion and increase the efficiency of the approval
process (see ``Section II.B.2 Tank Car Design Approval'' and ``Section
II.B.3 Tank Car Facility Quality Assurance Program'' for further
discussion of these issues). The proposed revisions are intended to
increase the efficiency of the tank car design and QAP approval
process, without compromising safety, by increasing governmental
oversight of regulated entities through a registration program. The
following is a brief summary of proposed changes to the approval
processes and the definition of tank car facility which PHMSA discusses
in greater detail later in this section:
A. Remove the requirement for tank car and service equipment
designs to be approved solely by the AAR TCC and replace it with a
requirement for tank car designs to be approved by a tank car Design
Certifying Engineer (DCE) registered with PHMSA. This proposed
requirement closely mirrors the process for highway cargo tank design
review and approval.
B. Remove the requirement for tank car facilities to have a QAP
approved by the AAR and replace it with a requirement for tank car
facilities to register with PHMSA, maintain a QAP, and certify that it
meets the Sec. 179.7 quality assurance program requirements.
C. Revise the definition of tank car facility to clarify that the
definition applies to facilities that qualify a tank car for service,
and to clarify what activities require qualification of a tank car.
D. Add a registration program for tank car DCEs and tank car
facilities.
E. Revise the incorporation by reference (IBR) of specific chapters
and appendices of the 2014 edition of the AAR Manual of Standards and
Recommended Practices, Section C--III, Specifications for Tank Cars,
Specification M-1002 (i.e., AAR Specifications for Tank Cars) to
correspond to the above proposals (i.e., removing the requirement to
comply with the specific sections of M-1002 that require AAR approval).
F. Revise the requirements for coating and lining inspection of
tank cars to clarify what is expected.
G. Revise Sec. 180.513--Repairs, alterations, conversions, and
modifications--to clarify that tank car facilities must include the
tank car owner's qualification and maintenance program into their QAP
to correct an incorrect reference to including the tank car owner's
QAP. Generally, a tank car owner is not subject to QAP requirements.
2. Tank Car Design Approval
Federal hazardous material transportation regulations have
delegated the authority to approve tank car and service equipment
designs to the AAR--and various predecessor organizations--since at
least 1927. As provided in Sec. 179.3, the AAR TCC has authority to
approve tank car designs, materials and construction, conversion, or
alteration of tank car tanks under the specifications of part 179. By
way of example, Sec. 179.100-12(a) requires that manway nozzles must
be of approved design of forged or rolled steel for steel tanks. In
this context, pursuant to the definition in Sec. 179.2, ``approved''
refers to approval by the AAR TCC.
Although PHMSA has delegated the authority to approve tank car
designs, the current state of the AAR's autonomous approval process
presents inefficiencies when insufficient resources are available to
process approval applications, resulting in unnecessary delays and
increased costs for the tank car design and manufacturing community. As
such, PHMSA and FRA propose to remove the requirement that tank car and
service equipment designs receive approval solely through the AAR TCC
before they are used in hazardous materials (hazmat) service. PHMSA and
FRA propose to replace AAR TCC design approval with alternative
approval by a tank car DCE, similar to the design approval structure
for highway cargo tanks. The proposed tank car DCE requirement will
include registration with PHMSA, and registrations will be subject to
termination for cause, with the intent to create a more transparent,
accountable tank car design approval system without any impact on the
safety of such approved tank cars. ``Design certifying engineer'' is a
defined term in the HMR in Sec. 171.8, and currently only applies to
engineers who can determine that a cargo tank design meets applicable
DOT specification standards. PHMSA and FRA propose to revise the
definition of DCE to include persons able to determine that a tank car
meets applicable DOT specification standards. PHMSA and FRA propose
that a tank car DCE must:
Have an engineering degree and at least one year of work
experience in tank car structural or mechanical design; or
Be registered currently as a professional engineer by an
appropriate authority of a state of the United States or a province of
Canada.
As proposed, a tank car DCE may not use their experience in cargo
tank structural or mechanical design to meet the experience requirement
for tank car design, and vice versa for a cargo tank DCE. Based on our
knowledge of the cargo tank and tank car industries, PHMSA believes it
is unlikely that a company would attempt to register a
[[Page 85593]]
single engineer as both a tank car and cargo tank DCE. In the event
this does occur, PHMSA would allow a single engineer to be registered
as both a tank car and cargo tank DCE; however, they will need to
acquire separate registrations: a cargo tank DCE registration as
specified in subpart F of part 107, and a tank car DCE registration as
specified in the proposed new subpart J of part 107. PHMSA has
determined that maintaining separate registrations in the event that a
single person holds both will simplify recordkeeping and enforcement by
preventing unintended administrative hang-ups if one registration is
allowed to lapse or termination proceedings are initiated. PHMSA
requests comments on this proposed registration process.
Currently, the tank car design approval process is managed by the
AAR TCC (see Sec. 179.3). PHMSA and FRA attend AAR TCC meetings and
participate in AAR TCC working groups on specific issues; however, the
agencies do not manage the day-to-day operations of the AAR TCC. PHMSA
and FRA have no voting power in the committee and little involvement in
the day-to-day process by which the AAR TCC reviews and approves tank
car designs. PHMSA and FRA retain full authority to set tank car safety
standards through the adoption of tank car design specification
requirements in part 179, and tank car use requirements in part 173. To
provide additional context, there are approximately 130 instances in
part 179 where the HMR requires that a tank car design feature (e.g.,
the manner in which a tank car tank is attached to the car structure)
\3\ or item of service equipment (e.g., a valve) \4\ be ``approved.''
This approval is issued by the AAR TCC when the Committee determines
that tank car tank or equipment is in compliance with the requirements
of the HMR.\5\ The AAR TCC is the only entity granted the authority to
issue such approvals for tank car tanks and service equipment in the
HMR.
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\3\ See Sec. 179.10.
\4\ See Sec. 179.200-16(b).
\5\ See Sec. 179.3.
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PHMSA and FRA have determined that--based on experience
participating in the current AAR TCC process--the process for tank car
design approval is conducted in such a way that increases costs and
delays to the regulated community, without a commensurate increase in
safety that would justify these delays. The HMR create a single-source,
prescriptive system, because only AAR TCC has the authority to approve
an application for a tank car design, material of construction,
conversion, or alteration under part 179 specifications. The HMR
requirements for the review of a tank car design are well understood
and include compliance with part 179 and other considerations that a
tank car design must take into account (e.g., lading properties,
material compatibility, operating temperatures, etc.). There is little
doubt that there are many engineers in the United States with tank car
structural or mechanical design experience who could review and certify
that a tank car's design meets the HMR requirements. Replacing AAR TCC
approval with DCE approval as proposed will create a system that
increases efficiency in the tank car design approval market by
expanding the pool of authorized tank car design approval sources
without impacting the safety of tank cars used to transport hazardous
materials. The proposed system also includes documentation requirements
for DCEs that will facilitate improved government oversight of the
design approval process via periodic audits, and it would allow DCE
registrations to be terminated for cause as further discussed below.
PHMSA and FRA expect that an individual with an engineering degree
and tank car design experience or a registered professional engineer--
thus meeting the Sec. 171.8 definition of a tank car DCE--will be able
to review the design of a tank car or service equipment and determine
whether the design complies with the tank car specification
requirements. This proposal will improve government oversight of the
tank car approval process. Currently, PHMSA and FRA have limited
ability to take enforcement action against the TCC for failures to
comply with the requirements of the HMR. The current TCC design review
procedures have allowed non-compliant tank cars to enter
transportation, posing risks to lives and the environment. When non-
compliant cars are discovered in transportation, FRA takes immediate
action to protect rail workers and the public. This can include issuing
a railworthiness directive to address the non-compliance. Audits of the
TCC tank car design review process conducted by the Department have
revealed systemic operational and processing issues within the TCC--
specifically--that the TCC utilizes, approves, and certifies
Independent Third Party (ITP) individuals for reviewing and verifying
that the application meets all AAR and DOT design requirements. These
audit findings still have not been addressed to date. Additionally, in
the recent past, the TCC elected not to review and approve new designs
for DOT-106 and DOT-110 multi-unit tank car tanks (commonly known as
``ton tanks''). The TCC's decision not to review and approve DOT-106
and DOT-110 designs created significant disruption for a packaging
manufacturer and their customers. As a result, PHMSA expended resources
to develop and issue a Special Permit \6\ to allow the construction and
use of these packagings to avoid disruption to commercial activities
caused by the TCC's decision not to complete the role assigned to them
in Sec. 179.3. PHMSA and FRA are also concerned that the current
system allows TCC to regulate entry to the market by controlling the
approval process. Major tank car and service equipment (e.g., valve)
manufacturers are represented on the TCC. This creates a potential
conflict of interest for the TCC when considering approval applications
from firms that compete with companies its members represent. PHMSA and
FRA have determined that due to unaddressed issues in the AAR TCC
approval process, a recent history of a decision not to perform the
role assigned in the HMR, and the potential for incumbent tank car
industrial concerns to impact entry of competitors into the
marketplace, we can no longer justify delegating authority for tank car
design approval to the AAR TCC.
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\6\ https://www.phmsa.dot.gov/hazmat/documents/offer/SP14437.pdf/offerserver/SP14437.
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PHMSA and FRA expect that costs for reviewing and approving tank
car designs will decrease by removing the single-source approval and
the barriers of entry to the business of tank car design approval. The
implementation of the proposed tank car DCE program will maintain at
least an equivalent level of safety of tank car design by ensuring tank
car DCEs maintain and adhere to a detailed written procedure to
evaluate the compliance of a tank car design with the HMR's tank car
specification and usage requirements. PHMSA and FRA will be able to
exert substantially greater oversight over tank car DCEs than the AAR
TCC, both through the modification, suspension, and termination
procedures proposed in this NPRM, as well as through the civil and
criminal penalty procedures applicable to all persons who perform
activities subject to the HMR through 49 CFR parts 107, 109, and 49
U.S.C. 5123-5124.
PHMSA, in conjunction with our highway modal partner FMCSA, has
experience overseeing a DCE program for the design approval of bulk
[[Page 85594]]
hazardous materials packages intended for highway transportation
through the existing cargo tank DCE program. This experience makes us
confident that private sector engineers, operating under governmental
oversight through a registration program, can safely and effectively
review a package (i.e., a tank) design and ensure it complies in all
respects with the relevant design requirements of the HMR. PHMSA and
FRA intend to maintain direct oversight on the tank car design process
through regular audits of tank car DCEs and reserve the right to
terminate a tank car DCE registration for cause. Causes for
registration termination include: (1) because of a change in
circumstances the registration is no longer needed or would no longer
be granted if applied for; (2) the application contained inaccurate or
incomplete information and it would not have been granted had accurate
and complete information been provided; (3) the application contained
deliberately inaccurate or incomplete information; or (4) the
registration holder knowingly violated the terms of the registration or
an applicable requirement of 49 CFR Chapter I in a manner demonstrating
lack of fitness to conduct the activity for which the registration is
required. PHMSA emphasizes that criteria (4) can be used to bring
enforcement action and potential modification, suspension, or
termination proceedings against a tank car DCE who fails to maintain
and follow an adequate written procedure that is used to verify
conformance with the requirements of the HMR. See ``Section IV. Section
107.911'' for additional information on the termination of a tank car
DCE registration.
By clearly describing the processes and procedures that the DCE
must follow to approve a tank car design, PHMSA and FRA expect a high
level of safety for tank car designs will be maintained. PHMSA proposes
to require the DCE to review the same information and drawings
currently required in the AAR Form 4-2. This commonality with existing
design records is intended to minimize disruption during the
transitional period and maximize tank car and service equipment
manufacturer and DCE familiarity with the required documentation. The
requirements proposed in Sec. Sec. 179.3 and 179.5 are intended to
create an accountable, auditable, criteria-based tank car design
approval system that is more transparent to government oversight than
the current system. The proposed requirements in Sec. Sec. 179.3 and
179.5 are primarily based on the requirement for a tank car DCE to
develop, maintain, and adhere to a written procedure describing the
process used to verify a tank car or service equipment's design with
the requirements of the HMR. This detailed procedure must include
acceptance and rejection criteria for each tank car or service
equipment design element approved by the DCE, which demonstrate the
tank car or service equipment will meet the requirements of part 179
and retain the hazardous contents of the packaging in all normal
conditions of transportation for the designed life of the packaging.
PHMSA and FRA investigators and engineers will evaluate the detailed
procedures during periodic audits to ensure the procedures adequately
maintain compliance with part 179, and that the DCE is following the
procedures. These general procedural requirements proposed in
Sec. Sec. 179.3 and 179.5 will allow tank car DCEs to determine the
most efficient workflow for their business needs, while providing a
clear basis for evaluation of a tank car DCE's procedures. These
standards also provide a clear framework for PHMSA and FRA to conduct
audits and determine whether lapses in a tank car DCE's performance
warrant the issuance of a Notice of Probable Violation, or, in serious
cases, initiation of modification, suspension, or termination
proceedings.
The DCE registration program also may facilitate greater
technological advancements in tank car and service equipment designs by
facilitating greater access to tank car and service equipment design
certification services. The proposed rule would enable other entities
to approve tank car designs, potentially leading to more processing of
innovative designs that meet the existing performance standards and
their subsequent use in the transportation arena. In addition, opening
these services up to other entities--rather than maintain the design
approval process solely with AAR TCC--may increase competition within
the industry as additional DCEs are registered and begin to provide
tank car design approvals. This competition is expected to result in
potential cost reductions for the regulated community.
To adequately oversee tank car DCEs, PHMSA and FRA propose to
require that each DCE register with PHMSA and provide information on
the types of design reviews the DCE will conduct. This will allow PHMSA
and FRA to audit DCEs to ensure they are properly reviewing each tank
car or service equipment design and only issuing approvals to those
designs that meet the requirements of part 179. Each DCE must develop
procedures, including acceptance and rejection criteria for the
approval process, which demonstrate that the tank car or service
equipment will meet the requirements of part 179 and the design level
of reliability and safety for the hazardous materials service for which
the tank car is intended. The registration requirement is necessary to
assist PHMSA and FRA in performance of their oversight responsibilities
to ensure all tank car DCEs are performing their design reviews with
appropriate rigor, and thus that tank car designs are suitable for
hazmat transportation. See discussion in section ``Section II.B.5 Tank
Car Facility and Design Certifying Engineer Registration'' for
additional details on the proposed registration program.
Therefore, PHMSA proposes to remove reference to AAR approval for
tank car designs wherever it appears in the subchapter. A DCE
registered with PHMSA would fill the tank car design approval role
currently delegated to the AAR. Authorizing qualified individuals,
registered with PHMSA, to review and certify tank car designs under
PHMSA and FRA oversight will increase the level of safety provided by
the HMR while increasing design review efficiency for the tank car
design and manufacturing community. Finally, PHMSA notes this would not
exclude the AAR staff or TCC members from registering as DCEs to
continue to perform these approvals; however, it removes exclusive
delegation and opens the market to all those who are qualified. AAR TCC
may continue to provide approval services commercially, provided they
register with PHMSA and follow the same requirements proposed in this
NPRM that other tank car DCEs must follow.
3. Tank Car Facility Quality Assurance Program
Tank car facilities, as defined in Sec. 179.2, are required to
have a QAP that--among other items--has the means to detect non-
conformities in the tank car manufacturing, repair, inspection,
testing, and qualification or maintenance processes. Currently, each
tank car facility's QAP must meet the requirements of Sec. 179.7,
which requires that the QAP be approved by the AAR. In this rulemaking,
PHMSA proposes to remove the requirement that AAR approve a tank car
facility's QAP. As a substitute, we propose to replace this requirement
with a requirement that tank car facilities must register with PHMSA,
certify that they maintain a QAP that meets the requirements of Sec.
179.7, and include an executive summary of their QAP with their
[[Page 85595]]
registration statement. As proposed, the registration program will
improve safety through increased PHMSA and FRA situational awareness of
tank car facility activities and provide mechanisms to address non-
compliance. PHMSA proposes to allow modification, suspension, or
termination of a tank car facility registration for the following
causes: (1) because of a change in circumstances, that the registration
is no longer needed or would no longer be granted if applied for; (2)
the application contained inaccurate or incomplete information and it
would not have been granted had accurate and complete information been
provided; (3) the application contained deliberately inaccurate or
incomplete information; or (4) the registration holder knowingly
violated the terms of the registration or an applicable requirement of
49 CFR Chapter I in a manner demonstrating lack of fitness to conduct
the activity for which the registration is required. PHMSA emphasizes
that criteria (4) above can be used to bring enforcement action and
initiate modification, suspension, and termination proceedings against
a tank car facility that fails to adhere to their QAP. A tank car
facility's failure to adhere to a QAP could create unacceptable risks
in the rail system and may cause unsafe tank cars to enter
transportation.
The creation of the QAP requirement for tank car facilities was
initiated based on a National Transportation Safety Board (NTSB) safety
recommendation (R-88-63) \7\ issued in response to a September 8, 1987,
incident involving the release of butadiene from a tank car in New
Orleans, Louisiana. In 1993, the Research and Special Programs
Administration (RSPA)--PHMSA's predecessor agency--proposed the
creation of the QAP requirement and definition of tank car facility in
an NPRM (HM-201).\8\ The primary intent of this requirement--as
discussed in the preamble of HM-201--is to ensure each tank car
manufacturing or repair facility has procedures in place to detect any
nonconformity in the tank car manufacturing, maintenance, or repair
process and has the means to prevent its recurrence.
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\7\ See NTSB Safety Recommendation R-88-063: https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-88-063.
\8\ 58 FR 48485 (Sep. 16, 1993).
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In 1995, RSPA created the definition for the term ``tank car
facility'' and a requirement for each tank car facility to maintain a
QAP meeting the requirements of Sec. 179.7 in final rule HM-175A and
HM-201,\9\ and made minor revisions to the requirements in a 1996 HM-
175A and HM-201 corrections final rule.\10\ The requirements of Sec.
179.7 have not been modified substantively since.
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\9\ 60 FR 49048 (Sep. 21, 1995).
\10\ 61 FR 33250 (Jun. 26, 1996).
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PHMSA and FRA have found that the requirement for only AAR to
review and approve each tank car facility's QAP creates an undue cost
burden on the facility and creates delays in approving facility
operation that hinder commerce. Additionally, PHMSA and FRA's
experience auditing tank car facilities with QAPs approved by AAR TCC
have revealed significant compliance issues with the current QAP
approval process. For example, PHMSA and FRA have knowledge that on at
least one occasion--over the course of many months--AAR did not take
action on a facility that failed AAR Bureau of Explosives QAP audits.
These negative findings demonstrated the facility's failure to maintain
an effective QAP and, therefore, the company's inability to safely
perform their tank car qualification functions as required by the HMR.
Specifically, AAR did not take action to remove the certification of a
tank car facility in Shoshone, Wyoming, (Wasatch Railroad Contractors)
that had failed multiple QAP audits. This inaction allowed the facility
to continue to operate without an effective QAP. FRA and PHMSA raised
concerns that AAR has not adopted procedural changes to prevent this
type of failure (e.g., by immediately addressing findings) from
recurring. Subsequently, on April 22, 2021, two employees were killed
in an explosion while working inside a tank car.\11\ FRA and PHMSA
believe corrective action by AAR and the facility may have prevented
such an incident by not allowing continued work on tank cars. In 2022,
the owner of Wasatch Railroad Contractors was found guilty of five
counts of wire fraud and one count of knowing endangerment for
knowingly exposing employees to asbestos and placing them in imminent
danger of death or serious bodily injury.\12\
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\11\ https://apnews.com/article/explosions-business-1aa330c562c393a74421e4a90b9394db.
\12\ https://www.justice.gov/usao-wy/pr/wasatch-railroad-contractors-and-its-chief-executive-officer-sentenced-wire-fraud-and.
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Additionally, as part of AAR TCC's current QAP approval process,
AAR requires that tank car facilities bear the expense on an initial
certification audit and annual recertification audits thereafter. The
initial certification process often takes several months, and the tank
car facility has no recourse under the current HMR requirements but to
accept AAR's timeline and fees. Additionally, the audit process does
not increase the level of safety commensurate with the costs and delays
it imposes. FRA inspectors regularly find violations of the HMR at
facilities that AAR authorizes to operate through the current QAP
approval process. FRA issues findings, tickets, and notices of probable
violation to tank car facilities when it discovers non-compliance. When
violations are systemic or significant, FRA uses its railworthiness
authority to address similarly situated cars or fleets of cars.
Therefore, PHMSA and FRA propose to remove the requirement that
tank car facilities submit their QAPs for approval to AAR and replace
it with a requirement that each tank car facility register with PHMSA
and certify that it has created and is maintaining a QAP that meets the
requirements of Sec. 179.7. As part of the registration requirement,
PHMSA and FRA propose that the registrant must submit an executive
summary of its QAP, demonstrating compliance with the elements required
in Sec. 179.7(b). Facilities may submit certifications from outside
organizations, such as an external auditor, to serve as the executive
summary or submit their own executive summary documents. PHMSA will
administer the registration program for facilities, and FRA--in
conjunction with PHMSA--will oversee tank car facility QAPs through
regular facility compliance audits. PHMSA and FRA have limited
oversight and control over the current AAR approval process for tank
car facility QAPs. However, the observations that have been conducted,
coupled with our enforcement oversight of the tank car fleet, provide
PHMSA and FRA with significant concerns that the current system of AAR
audits provides limited safety benefits compared to the burdens
imposed. PHMSA and FRA expect the registration program combined with
regular compliance audits by government personnel will maintain an
equivalent or greater level of safety to the current requirements while
reducing administrative delays caused by the AAR process. PHMSA and FRA
emphasize that adhering to a rigorous QAP is critical for a tank car
facility to ensure that the tank cars qualified for service at the
facility meet the requirements of the tank car's specification and
regulations. See ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for additional details on the
proposed registration program.
[[Page 85596]]
PHMSA recognizes that this topic is the subject of an open petition
P-1770 \13\ submitted by AAR on October 21, 2022. This petition
requests the removal of the AAR approval requirement for QAPs in
accordance with Sec. 179.7. The AAR petition requests that PHMSA
replace AAR approval of QAPs with a requirement for tank car facilities
to comply with an industry standard known as ``AAR M-1003--
Specification for Quality Assurance.'' As described above, PHMSA
believes that a performance-based approach to QAPs--along with
registration with the Department and self-certification--is the best
option. Our proposal allows for the use of accepted industry standards
for quality assurance programs to meet the proposed safety
requirements, but does not mandate one standard over another. This
allows tank car facilities to implement the performance elements in the
most appropriate manner for their operations. Therefore, in this NPRM,
PHMSA is not proposing to incorporate by reference AAR M-1003 into
Sec. 179.7. PHMSA will consider any comments on this topic with
respect to this NPRM as it evaluates petition P-1770.
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\13\ https://www.regulations.gov/document/PHMSA-2022-0130-0001.
---------------------------------------------------------------------------
4. Tank Car Facility Definition
PHMSA and FRA are aware that there is uncertainty in the tank car
community related to the scope of the definition of ``tank car
facility.'' This uncertainty impacts both tank car shippers and tank
car manufacturers (including service equipment manufacturers). On
October 8, 2019, PHMSA, in conjunction with FRA, issued Letter of
Interpretation Reference No. 19-0117 \14\ addressing the definition of
``tank car facility.'' PHMSA proposes to revise the definition of
``tank car facility'' consistent with Letter of Interpretation
Reference No. 19-0117 so that the definition applies only to the
facility that qualifies the tank car for service. That is, for example,
an equipment manufacturer of a pressure valve used in the construction
of a tank car is not a tank car facility solely on the basis of
manufacturing a component part of a specification tank car. The
determining factor on the applicability of the ``tank car facility''
definition is whether the facility qualifies a tank car for service.
The tank car facility that qualifies the tank car for service is
responsible for ensuring the conformity of the entire tank car,
including service equipment, with the approved specification.
Additionally, PHMSA proposes to revise the definition of ``service
equipment'' in Sec. 180.503 to clarify what constitutes ``service
equipment'' consistent with our expectations in revising the definition
of a tank car facility. Service equipment is pressure or lading
retaining equipment. Examples include pressure relief devices, valves,
manway covers, devices used for loading and unloading, interior heating
coils, and vents.
---------------------------------------------------------------------------
\14\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
---------------------------------------------------------------------------
To address the community of tank car shippers: PHMSA's and FRA's
position, as reflected in the proposed definition, is that the removal
of service equipment from the tank car and replacement or re-
installation of the service equipment is a qualification event and
triggers the need for a leakage pressure test (see Sec. 180.509(j)) to
verify the tank car is leak tight at the connection. These functions
must be conducted by a tank car facility, as defined in part 179,
because the service equipment requires a leakage pressure test to
ensure the connection to the tank car is qualified for its intended
service. A leakage pressure test is a qualification event and must be
performed by a tank car facility. Any action that triggers a
qualification event requires a tank car facility to perform the
qualification prior to placing the tank car into transportation.
However, to be clear, a facility that only operates service equipment
for loading and unloading purposes is not a tank car facility.
To address the community of tank car component manufacturers,
repair facilities and manufacturers: PHMSA's and FRA's position, as
reflected in the proposed definition, is that a facility that only
manufactures, maintains, or repairs service equipment is not a tank car
facility. The facility that qualifies the completed tank car for
service after installation of the service equipment is the tank car
facility. The facility that qualifies the tank car for service is
responsible for ensuring the compliance of the packaging with the
requirements of part 179, even those functions that they did not
directly perform (e.g., manufacturing a valve). The tank car facility's
QAP must encompass all work done on the tank car and its components
prior to qualification of the tank car.
Tank car facilities that meet the proposed revised definition of
tank car facility in Sec. 179.2 must have the knowledge and skill to
ensure appropriate conformance with the requirements of parts 179 and
180. As qualification is the final step in the tank car manufacturing
or maintenance process, only requiring the facilities that qualify tank
cars (i.e., facilities that have the ``last touch'') to have a QAP
reduces this requirement to a small subset of the total number of
facilities that perform work related to tank cars, while still
maintaining the high level of safety under the HMR. PHMSA and FRA
emphasize the scope of the definition of ``qualification'' remains
unchanged. Therefore, as proposed, tank car shippers and component
suppliers are not subject to the administrative burdens associated with
the creation and maintenance of QAPs, unless they perform qualification
activities (e.g., removal and replacement of a valve or other service
equipment on a tank car). PHMSA and FRA emphasize that all facilities
that perform a function subject to the HMR are responsible for
performing it correctly and in conformance with all applicable
requirements, regardless of whether they meet the definition of a
``tank car facility.''
Tank car facilities are responsible for ensuring all material
installed onto the tank car meets the requirements of the specification
and the regulations at the time the tank car is qualified for service.
PHMSA and FRA understand that long-standing policy in the tank car
industry had required tank car component manufacturers to maintain AAR-
approved QAPs. This policy was confirmed in previously issued (and
since revoked) PHMSA Letters of Interpretation Reference Nos. 15-0124
and 18-0029. While these letters are no longer valid, and have not been
valid since 2019, at the time they were written they aligned with
generally accepted industry practice and addressed a safety issue
created by production of valves and other tank car service equipment by
unapproved sub-contractors without adequate oversight. As proposed in
this NPRM, the facility that qualifies the tank car for service is
responsible for ensuring the tank car and all equipment necessary for
the tank car's operation meets the applicable requirements of the HMR
and any other applicable standards.
5. Tank Car Facility and Design Certifying Engineer Registration
As previously discussed, PHMSA and FRA propose to require that tank
car facilities and tank car DCEs register with PHMSA prior to
conducting regulated activities. PHMSA and FRA expect that a
registration program for both tank car facilities and tank car DCEs is
a more efficient alternative for the tank car industry while providing
at least an equivalent level of safety. Direct monitoring of registered
tank car facilities and tank car DCEs through site visits and audits
will maintain the
[[Page 85597]]
existing safety standards established in the HMR.
Therefore, PHMSA, in conjunction with FRA, proposes to create
subpart J in part 107 for tank car facility and tank car DCE
registration. The creation of a tank car facility registration program
was agreed to in the RSAC process; however, PHMSA proposes to implement
the tank car facility registration program in a format different than
what appears in the RSAC consensus recommendations. In the RSAC
proposal, the tank car facility registration was added to the existing
cargo tank facility registration subpart (i.e., part 107, subpart F).
After reviewing the RSAC proposal, PHMSA and FRA have determined that
it would be confusing to both the cargo tank and tank car communities
to attempt to insert tank car-specific facility and DCE registration
language into part 107, subpart F. PHMSA proposes to place the tank car
facility and tank car DCE registration requirements in a new subpart to
reduce confusion and highlight the tank car-specific nature of these
programs. However, some of the proposed language is similar to the part
107, subpart F requirements for cargo tanks and cargo tank motor
vehicles.
For tank car facilities, PHMSA proposes to require that each
facility, i.e. each separate physical location with a unique street
address, submit a separate registration. This will allow PHMSA and FRA
to oversee each facility that qualifies tank cars more effectively by
establishing the physical addresses and activities of each facility.
Each registration statement must be signed by a principal, officer,
partner, or employee of the facility responsible for compliance with
the applicable requirements of the HMR, certifying knowledge of those
requirements. In their registration statement, each tank car facility
must list the qualification functions the tank car facility will
perform and identify the types of DOT specification or special permit
tank cars they intend to qualify.
For DCEs, PHMSA proposes to require each person, as defined in
Sec. 171.8, who conducts review of a tank car or service equipment
design must register with PHMSA. Each engineer employed to conduct the
design reviews must be individually named in the registration and will
receive a unique, separate identifier associated with the company's DCE
registration. If an engineer is employed as a DCE to conduct design
reviews of tank cars or service equipment and begins operating as a DCE
for another company, or as self-employed, then the engineer must inform
PHMSA and will then receive a new registration number.
PHMSA also proposes the ability to modify, suspend, or terminate
both tank car facility and tank car DCE registrations for cause in new
Sec. 107.911. Further, procedures for a tank car facility or DCE to
follow to request reconsideration and appeal a decision to modify,
suspend, or terminate a registration are proposed in new Sec. Sec.
107.913 and 107.915, respectively. Modification, suspension, and
termination determinations for tank car facility and DCE registrations
will be made by the Associate Administrator for Safety, FRA. Similarly,
requests for reconsideration must also be submitted to the Associate
Administrator for Safety, FRA, and appeal of the reconsideration
decision to the FRA Administrator.
6. AAR Specifications for Tank Cars Incorporation by Reference
The AAR has developed a comprehensive industry standard for the
construction and maintenance of tank cars, the AAR Manual of Standards
and Recommended Practices, Section C--III, Specifications for Tank
Cars, Specification, M-1002 (AAR Specifications for Tank Cars).
Currently, Sec. 171.7 incorporates by reference the December 2000
edition of the AAR Specifications for Tank Cars throughout parts 173
(Shippers-General Requirements for Shipments and Packagings), 179
(Specifications for Tank Cars), and 180 (Continuing Qualification and
Maintenance of Packagings). In many sections, especially in part 179,
the HMR only references a specific section, such as an appendix, of the
document. To clarify the IBR structure of M-1002, the RSAC agreed to
separately list the individual chapters and appendices of the of AAR
Specifications for Tank Cars in the HMR's consolidated IBR section
(Sec. 171.7). This will clearly denote to the reader the relevant
chapter or appendix of the document that applies in a particular
section of the HMR. This change will also provide PHMSA and FRA greater
flexibility when incorporating by reference future editions of the
standard. For example, if PHMSA and FRA do not concur on the content of
a particular chapter or appendix, it would not prevent other chapters
or appendices from being incorporated by reference.
The RSAC also agreed to update the standard from the December 2000
edition to the November 2014 edition. The 2014 edition of the AAR
Specifications for Tank Cars also addresses NTSB Safety Recommendation
R-12-007,\15\ issued on March 2, 2012. R-12-007 recommends that PHMSA
adopt AAR's revised design standards for center sill and draft sill
attachments. AAR redesigned center and draft sill attachments in
response to NTSB Safety Recommendation R-12-009.\16\ Chapter 6 of the
2014 edition of the AAR Specifications for Tank Cars, which is proposed
for adoption into Sec. 179.10, includes the new sill attachment
standards for newly built tank cars. Therefore, the proposed IBR update
helps PHMSA address NTSB Safety Recommendation R-12-007.
---------------------------------------------------------------------------
\15\ See NTSB Safety Recommendation R-12-007: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-007.
\16\ See NTSB Safety Recommendation R-12-009: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-009.
---------------------------------------------------------------------------
This NPRM proposes to update the IBR of the AAR Specifications for
Tank Cars to the 2014 edition and to incorporate by reference
separately each relevant chapter and appendix, as agreed to in the RSAC
process. Due to the proposed removal of AAR's sole process for review
and approval of tank car designs, certain appendices and sections are
no longer necessary to IBR. Several appendices and sections that
require designs and QAPs to be sent to AAR for approval would no longer
be relevant (see ``Section II.B.2. Tank Car Design Approval).
Therefore, PHMSA does not propose to IBR Appendix B, Appendix L, and
Appendix U of the AAR Specifications for Tank Cars into the HMR.
Additionally, PHMSA proposes to update the edition of the AAR
Manual of Standards and Recommended Practices, Section C--II
Specifications for Design, Fabrication and Construction of Freight
Cars, Chapter 5 to the 2011 edition from the 1988 edition, as agreed in
RSAC.
[[Page 85598]]
PHMSA proposes to IBR the 2014 edition of the AAR Manual of
Standards and Recommended Practices, Section C--III, Specifications for
Tank Cars, Specification M-1002 (AAR Specifications for Tank Cars)
Chapter 2, section 2.2.1.2 into Sec. 179.102-3. This proposed
amendment creates an HMR requirement for shell and head material Charpy
impact testing at time of manufacture for pressure tank cars that
transport poisonous-by-inhalation material. Because this requirement
has been in place through AAR interchange standards since 2005, PHMSA
expects there will be no additional burden placed on tank car
manufacturers. This proposed IBR also addresses NTSB Safety
Recommendation R-19-001, which requests that PHMSA promulgate a final
standard for pressure tank cars used to transport poison inhalation
hazard/toxic inhalation hazard materials that includes enhanced
fracture toughness requirements for tank heads and shells.
PHMSA proposes to incorporate by reference the 2014 edition of the
AAR Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars) Chapter 3, into Sec. Sec. 173.241, 173.242, and
173.247. Chapter 3 contains the requirements for manufacturing AAR
specification tank cars. Sections 173.241, 173.242, and 173.247 are the
packaging sections that authorize the use of AAR specification tank
cars. Currently, these sections reference specific AAR specification
tank cars, but provide no information as to how these cars are
constructed, or what version of the AAR Specifications for Tank Cars
they must meet. Incorporating by reference only Chapter 3 into these
sections ensures that AAR specification tank cars are manufactured to a
standard that PHMSA and FRA have reviewed and determined is acceptable
for hazardous materials transportation. If the specifications of the
AAR tank cars referenced in Sec. Sec. 173.241, 173.242, and 173.247
are ever changed in a future edition of the AAR Specifications for Tank
Cars, PHMSA and FRA will need to review the revised specifications
before authorizing the tank cars for hazardous material service.
Incorporation by reference of a specific edition of the AAR
Specifications for Tank Cars in Sec. Sec. 173.241, 173.242, and
173.247 ensures PHMSA will be able to review any future changes to the
construction specification prior to authorizing the new specification
for hazardous materials transportation.
Finally, PHMSA proposes to correct an error in the HMR and RSAC's
proposed IBR text. Currently, the HMR incorporates by reference the AAR
Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars), Chapter 6, November 2014 in Sec. 179.400-6. This
citation is incorrect; the correct IBR document for design loads of
outer jackets is AAR Manual of Standards and Recommended Practices,
Section C--II Specifications for Design, Fabrication and Construction
of Freight Cars, Chapter 6. Therefore, PHMSA proposes to IBR Section
C--II, Chapter 6 into Sec. 179.400-6.
7. Tank Car Linings and Coatings
The HMR prescribes requirements for the inspection of tank car
linings in Sec. 180.509(i). On May 22, 2019, the Railway Supply
Institute (RSI) requested a Letter of Interpretation on the
applicability of the inspection requirements of Sec. 180.509(i).
Specifically, RSI asked whether linings and coatings solely used to
protect product purity (i.e., the lining or coating plays no role in
protecting the tank from corrosion or reactivity) are subject to the
inspection requirements of Sec. 180.509(i).
In Letter of Interpretation Reference No. 19-0117,\17\ PHMSA and
FRA provided clarification on inspection requirements for linings and
coatings. Specifically, the requirements of Sec. 180.509(i) apply only
to internal tank car linings and coatings that are applied to protect
the tank from a material that is corrosive or reactive to the tank. As
noted in the preamble of the final rule HM-216B, \18\ PHMSA and FRA are
aware of incidents where a material was loaded into a tank car with a
defective or incompatible lining which caused a reaction with the tank
car. In these instances, the tank lining owners expected the lining was
there to protect product purity when in fact it served to protect the
tank. It is the responsibility of the tank lining owner to determine
whether the internal lining or coating is solely for product purity
purposes.
---------------------------------------------------------------------------
\17\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
\18\ 77 FR 37962 (Jun. 25, 2012).
---------------------------------------------------------------------------
To address confusion on the applicability of tank car lining and
coating inspections, PHMSA proposes an editorial revision of the
requirements of Sec. 180.509(i)(1), adding the phrase ``used to
transport hazardous materials corrosive or reactive to the tank'' to
the second sentence of (i)(1). The proposed revision clearly indicates
that tank car linings and coatings are only subject to the inspection
requirements of part 180 if they are used to protect the tank from
material corrosive or reactive to the tank. PHMSA expects that this
clarification will improve compliance with this inspection requirement
and therefore improve safety. PHMSA requests comment on this proposal.
8. Editorial Revisions to Sec. Sec. 180.501 and 180.513
Section 180.501 contains the general requirements for the
qualification and maintenance of tank cars. In this NPRM, PHMSA
proposes to replace the phrase ``owner's qualification program'' with
``owner's qualification and maintenance program'' to maintain alignment
with the scope of part 180, subpart F, and the existing references to
``qualification and maintenance program'' in Sec. Sec. 179.7 and
180.513.
Section 180.513 provides the requirements to repair, alter,
convert, and modify tank cars. PHMSA, in conjunction with FRA, adopted
this section into the HMR in HM-216B. Section 180.513(b) outlines
responsibilities of a tank car facility. The last sentence in Sec.
180.513(b) contains wording that does not communicate the requirement
accurately. Specifically, at the end of paragraph (b), it currently
states, ``a tank car facility must incorporate the owner's Quality
Assurance Program into their own Quality Assurance Program.'' The
sentence contains an incorrect reference to an equipment owner's QAP.
Tank car owners are not subject to the part 179 QAP requirements unless
they also operate a tank car facility. The last sentence should make a
general reference to a tank car owner's qualification and maintenance
program and not a QAP that is required of tank car facilities. The
requirement should read, ``a tank car facility must incorporate the
owner's qualification and maintenance program into their own Quality
Assurance Program.'' Therefore, PHMSA proposes to replace the first
appearance of the phrase ``Quality Assurance Program'' in the last
sentence of Sec. 180.513(b) with the phrase ``qualification and
maintenance program.''
C. Cargo Tank Regulatory Amendments
PHMSA, in conjunction with the Federal Motor Carrier Safety
Administration (FMCSA), developed proposed amendments specific to
enhancing safe highway transportation of hazardous materials. A portion
of the proposed items were initially identified during two technical
information sessions sponsored by National Tank Truck Carriers, Inc.
(NTTC) and Truck Trailer Manufacturer's Association
[[Page 85599]]
(TTMA) in 2005. During these meetings, PHMSA and FMCSA began developing
a list of issues, concerns, and requests for clarifications to be
considered in a future rulemaking. Moreover, PHMSA and FMCSA have
identified numerous advancements in industry practice, as well as
potential safety incidents, over the course of the past 17 years. This
rulemaking aims to address the safety concerns raised by industry
stakeholders.
Additionally, PHMSA and FMCSA continue to review enforcement
actions, letters of interpretation, and information received from cargo
tank manufacturers and testing facilities, in efforts to identify
appropriate revisions to the HMR.
D. Cargo Tank Marking for Petroleum Distillate Fuels
In an advance notice of proposed rulemaking (ANPRM) HM-213E,\19\
PHMSA addressed United Nations identification number (UN ID number)
marking of cargo tank motor vehicles containing petroleum distillate
fuels in response to a Protecting our Infrastructure of Pipelines and
Enhancing Safety Act of 2016 (PIPES Act of 2016) Congressional mandate
and two petitions for rulemaking (P-1667 \20\ and P-1668 \21\). The
PIPES Act of 2016 mandate stated that ``[n]ot later than 90 days after
the date of enactment of this Act, the Secretary of Transportation
shall issue an [ANPRM] to take public comment on the petition for
rulemaking dated October 28, 2015, titled `Corrections to Title 49 CFR
172.336 Identification numbers; special provisions' (P-1667).''
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\19\ 81 FR 83190 (Nov. 21, 2016).
\20\ See petition for rulemaking P-1667: https://www.regulations.gov/document?D=PHMSA-2015-0219-0001.
\21\ See petition for rulemaking P-1668: https://www.regulations.gov/document?D=PHMSA-2015-0251-0001.
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The central issue addressed in the HM-213E ANPRM was whether a
cargo tank motor vehicle transporting different types of petroleum
distillate fuels (e.g., gasoline, diesel fuel, kerosene, and fuel oil)
over the course of multiple trips should be permitted to display the UN
ID number of the fuel with the lowest flash point, even when that fuel
is not being transported (e.g., display ``1203''--the UN ID number for
gasoline--when the cargo tank contains only diesel fuel).
As detailed in table 1, PHMSA received 14 sets of comments to the
HM-213E ANPRM.
Table 1--HM-213E Commenters and Associated Comment Docket Numbers
------------------------------------------------------------------------
Commenter Docket ID number
------------------------------------------------------------------------
American Trucking Association (ATA)....... PHMSA-2016-0079-0012
Anonymous................................. PHMSA-2016-0079-0003
Commercial Vehicle Safety Alliance (CVSA). PHMSA-2016-0079-0009
Dangerous Goods Advisory Council (DGAC)... PHMSA-2016-0079-0010
International Association of Fire Chiefs PHMSA-2016-0079-0008
(IAFC).
International Association of Fire Fighters PHMSA-2016-0079-0011
(IAFF).
Josh Torrez............................... PHMSA-2016-0079-0002
Kansas Highway Patrol..................... PHMSA-2016-0079-0005
NTTC...................................... PHMSA-2016-0079-0006
Patriot Tank Lines, Inc................... PHMSA-2016-0079-0004
Petroleum Marketers Association of America PHMSA-2016-0079-0013;
(PMAA). PHMSA[dash]2016[dash]0079[d
ash]0014
Public Utilities Commission of Ohio....... PHMSA-2016-0079-0007
Transportation Trades Department, American PHMSA-2016-0079-0015
Federation of Labor and Congress of
Industrial Organizations (AFL-CIO).
------------------------------------------------------------------------
ATA, CVSA, DGAC, Kansas Highway Patrol, Patriot Tank Lines, Inc.,
NTTC, and PMAA support allowing cargo tank motor vehicles that deliver
multiple types of petroleum distillate fuels to display the UN ID
number of the fuel with the lowest flash point, even when that fuel is
not being transported. These organizations note that materials with a
lower flash point generally have a higher flammability hazard, and
therefore, conclude that marking the UN ID number of a lower flash
point material would not increase risks in transportation.
Additionally, these commenters note that the Emergency Response
Guidebook (ERG) emergency response procedures are nearly identical for
UN1203 (gasoline) and UN1202/NA1993 (diesel fuel, fuel oil), and
marking of a cargo tank with ``1203'' even when it only contains diesel
fuel has been a safe industry practice for decades. PHMSA also notes
that for other petroleum distillate fuels--such as UN1223 (kerosene)--
the ERG also directs the reader to the same response procedures for
UN1203 and UN1202/NA1993. Lastly, the commenters note that switching
the UN ID number before every trip to reflect the material transported
in the cargo tank at the time would increase the time per trip and
costs for fuel distributors.
The IAFC, IAFF, Public Utilities Commission of Ohio, and
Transportation Trades Department of the AFL-CIO do not support allowing
cargo tank motor vehicles that deliver multiple types of petroleum
distillate fuels to display the UN ID number of the fuel with the
lowest flash point, even when that fuel is not being transported. These
commenters state that emergency responders would treat an incident--
including clean-up and spill mitigation--involving diesel fuel
differently from gasoline, and the use of the gasoline ``1203'' marking
in place of the diesel fuel ``1202'' or ``1993'' increases confusion
and decreases response effectiveness. Specifically, first responders
may use the presence (or lack) of a fire and communicated hazard to
determine the potential dangers of the fuel in the immediate aftermath
of an accident. Because ``1203'' signifies a material with a lower
flashpoint than ``1202'' or ``1993'' is present on the vehicle, the
absence of a fire signifies that there may not be a fire hazard.
However, when the higher flashpoint material is present, but only the
lower flash point material is communicated on the vehicle, the absence
of a fire may create a false sense of security for emergency
responders, as they would be unaware that the fuel in the tank or
spilled on the ground had not yet reached the higher flash temperature
for diesel fuel.
PHMSA conducted a thorough review of the regulatory history related
to the UN ID number marking requirements for petroleum distillate fuels
in cargo tanks
[[Page 85600]]
and concludes the origin of the confusion on this issue dates to final
rule HM-118.\22\ In HM-118, RSPA added new hazard marking sections
including Sec. 172.332 for requirements on the display of UN ID
numbers, Sec. 172.334 for the prohibited display of UN ID numbers, and
Sec. 172.336 for special provisions and exceptions of UN ID numbers.
In Sec. 172.336, RSPA added two exceptions for the marking of UN ID
numbers for a cargo tank transporting liquid distillate fuels, which
read as follows:
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\22\ 45 FR 74640 (Nov. 10, 1980).
(c) Identification numbers are not required --
* * * * *
(4) For different liquid distillate fuels, including gasoline,
in a compartmented cargo tank or tank car, if the identification
number is displayed for the distillate fuel having the lowest flash
point.
(5) For each of the different liquid distillate fuels, including
gasoline, transported in a cargo tank, if the identification number
displayed is for the liquid distillate fuel having the lowest flash
point.
* * * * *
In the final rule preamble,\23\ RSPA described the intent of the
exception in Sec. 172.336(c)(5) as:
---------------------------------------------------------------------------
\23\ 45 FR 74647 (Nov. 10, 1980).
Paragraph (c)(5) provides for display of the identification
number of the liquid distillate fuel having the lowest flash point
of any liquid distillate fuel carried in a cargo tank. This
provision will eliminate the need for continuous changes in
identification numbers in many operations where gasoline and fuel
oil are transported in the same cargo tank on different trips during
---------------------------------------------------------------------------
the same day.
While RSPA stated that the intent of this exception would address
moving gasoline and other petroleum distillate fuels in the same cargo
tank on different trips on the same day, this was not reflected in the
regulatory text. Although the time frame for use of this exception was
not explicitly written in the regulatory text, the preamble language
makes it is clear that the exception in Sec. 172.336(c)(5) was not
limited to multi-compartmented tanks carrying multiple petroleum
distillate fuels at the same time. Specifically, if Sec. 172.336(c)(5)
only applied to compartmented cargo tanks that transported multiple
liquid distillate fuels at the same time, Sec. 172.336(c)(4) would be
duplicative. Therefore, PHMSA concludes that RSPA intended Sec.
172.336(c)(5) to authorize a cargo tank to display the UN ID number of
the petroleum distillate fuel with the lowest flash point transported
in that cargo tank on different trips within the same day, and not
based on each individual trip.
Furthermore, RSPA's intent of this regulatory exception was
reiterated in 1996 and 2000, with Letter of Interpretation Reference
Nos. 96-0079 and 00-0208. In these interpretation letters, RSPA clearly
stated that the exception in Sec. 172.336(c)(5) allowed cargo tanks
that previously transported gasoline (UN1203) and were subsequently
transporting only diesel fuel (NA1993/UN1202) to be marked with
``1203.''
As discussed in the HM-213E ANPRM, Sec. 172.336(c)(5) was updated
in 1987 and 2008 to address specific concerns related to increased
ethanol content in certain fuels that required different emergency
response procedures, but the basic structure of the paragraph was not
changed. Further, in 2013, PHMSA published final rule HM-219,\24\ which
amended the HMR in response to various petitions for rulemaking. In HM-
219, PHMSA removed the reference to ``gasohol'' in Sec. 172.336, as
the Hazardous Materials Table (HMT) entry for this material was removed
in 2008. In addition, PHMSA replaced Sec. Sec. 172.336(c)(1)-(6) with
a table to ``more clearly indicate hazard communication requirements.''
In this new table, PHMSA added paragraphs (c)(1)-(3) and (c)(6) as
individual entries but combined the language in paragraphs (c)(4) and
(5) into a single entry. The impact of combining the provisions of
paragraphs (c)(4) and (5) was that the historical context for the
original meaning of paragraph (c)(5) was lost. As this revision in HM-
219 was an attempt at clarification, it was not PHMSA's intent to
change the exceptions substantively for marking of UN ID numbers on
cargo tanks.
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\24\ 78 FR 14702 (Mar. 7, 2013).
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On June 26, 2015, PHMSA published an additional Letter of
Interpretation Reference No. 14-0178.\25\ In the incoming letter, the
requester asserted that Sec. 172.336(c) stated clearly that if a cargo
tank is transporting multiple liquid petroleum distillate fuels, it may
be marked with the UN ID number of the fuel with the lowest flash
point. The requester asked if a cargo tank is transporting only diesel
fuel (NA1993), is it authorized to continue displaying the UN ID number
for gasoline (UN1203) even though gasoline was no longer present. As
the regulations no longer clearly indicated that this continued to be
an acceptable practice, in the response, PHMSA stated that a cargo tank
transporting only diesel fuel could not be marked with the UN ID number
for gasoline because the gasoline was no longer present.
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\25\ See Letter of Interpretation Reference No. 14-0178: https://www.phmsa.dot.gov/regulations/title49/interp/14-0178.
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As previously discussed, in HM-219, it was not PHMSA's intent to
remove the longstanding exception that allowed a cargo tank
transporting more than one petroleum distillate fuel in different trips
to display the UN ID number for the petroleum distillate fuel with the
lowest flash point. Although, PHMSA recognizes that there may be safety
concerns associated with this practice, as noted by commenters to the
HM-213E ANPRM, PHMSA has not received specific information describing
instances in which this marking exception has increased risks in
transportation. Therefore, PHMSA proposes to revise the Sec.
172.336(c) table, to authorize display of the UN ID number of the
petroleum distillate fuel with the lowest flash point transported in a
cargo tank in different trips on the previous or current business day.
This proposal aligns with the original intent of Sec. 172.336(c)(5),
and addresses the operational concerns identified by commenters to the
HM-213E ANPRM. In addition, this proposal generally aligns with the
requirements of DOT-SP 21104,\26\ which was issued on November 11,
2020, and further modified on February 26, 2021. DOT-SP 21104 currently
allows for the transportation of gasoline, diesel fuel, kerosene, and
fuel oil in a cargo tank motor vehicle marked with the UN ID number
``1203'' as long as gasoline had been transported in the cargo tank
during the previous or current business day. PHMSA is unaware of any
safety issues associated with DOT-SP 21104.
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\26\ See DOT-SP 21104: https://www.phmsa.dot.gov/hazmat/documents/offer/SP21104.pdf/2021014464/SP21104.
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Although ``different trips on the same day'' was not defined in HM-
118, PHMSA proposes that this provision apply when the petroleum
distillate fuel with the lowest flash point is transported on the cargo
tank motor vehicle during the previous or current business day. As
previously mentioned, this proposal aligns with the time frame
currently authorized in accordance with DOT-SP 21104. As proposed,
PHMSA considers a ``business day'' to mean a day that the operator of
the cargo tank motor vehicle is open and operating in commerce.
Therefore, if a cargo tank carrying gasoline is unloaded and
subsequently filled with a fuel with a higher flash point, ``1203'' may
only continue to be displayed on the cargo tank for that day and the
following day that the operator is open and operating.
[[Page 85601]]
To ensure compliance with this requirement, PHMSA anticipates the use
of shipping paper records (see Sec. 177.817(f)) to verify which
petroleum distillates were transported in the cargo tank during the
previous or current business day. PHMSA requests comment on the
functionality of this proposed exception for the previous or current
business day of petroleum distillate fuels.
In this new entry in the Sec. 172.336(c) table, PHMSA also
proposes to include specific requirements when transporting gasoline
and alcohol fuel blends consisting of more than 10% ethanol.
Specifically, due to different emergency response procedures for liquid
petroleum distillate fuels containing more than 10% ethanol and as
currently required in the fifth row in the Sec. 172.336(c) table,
PHMSA proposes that if the cargo tank contains gasoline and alcohol
fuel blends consisting of more than 10% ethanol, the UN ID number
``3475'' or ``1987,'' as appropriate, must be displayed. Additionally,
the UN ID numbers ``3475'' or ``1987'' may only be displayed if a
gasoline and alcohol fuel blend consisting of more than 10% ethanol is
present in the cargo tank during transportation. This means that
``3475'' or ``1987'' may not be displayed even if it is the lowest
flash point petroleum distillate fuel and the cargo tank transported
the fuel in a different trip on the previous or current business day.
Therefore, if the lowest flash point liquid petroleum distillate fuel
transported in the cargo tank in different trips on the previous or
current business day is a gasoline and alcohol fuel blend consisting of
more than 10% ethanol--and this material is not present in the cargo
tank for that trip--the carrier must display the UN ID number of either
the next lowest flash point liquid petroleum distillate fuel carried in
a different trip on the previous or current business day or the liquid
petroleum distillate fuel currently being transported in the cargo
tank.
Additionally, as an accompanying amendment, PHMSA proposes to
revise the fifth row of the Sec. 172.336 table to specify that the
exception provided in that row only apply to compartmented cargo tanks
or compartmented tank cars. This proposed change distinguishes a
compartmented cargo tank (or tank car) transporting more than one
petroleum distillate fuel in the same trip (fifth row) from a cargo
tank transporting more than one petroleum distillate fuel in different
trips on the current or previous business day (sixth row). This clearly
distinguishes the marking exception that applies to a compartmented
tank that transport multiple fuels of differing flashpoints at one
time, and the exception that applies to a cargo tank (single or multi-
compartment) that is used to transport fuels of differing flashing
points during the course of business on current or previous business
day.
PHMSA requests comments related to specific, articulable safety or
cost concerns associated with this proposed amendment. PHMSA notes that
for NA1993, UN1202, UN1203, UN1223, and other petroleum distillate
fuels, the ERG directs the reader to the same guide page for initial
emergency response measures, and PHMSA further requests information
from emergency responders describing how emergency response would
differ for an accident involving a cargo tank motor vehicle marked
``1993,'' ``1202,'' ``1203,'' ``1223,'' or another UN ID number
associated with a petroleum distillate fuel. Finally, PHMSA requests
information on any known incidents where emergency response was
impacted negatively due to a cargo tank motor vehicle displaying
``1203'' when it was transporting a petroleum distillate fuel with a
higher flash point.
E. P-1712
In petition for rulemaking P-1712,\27\ the Chlorine Institute (CI)
requested PHMSA delete Sec. 173.315(i)(13) from the HMR. This change
would remove the requirement to install Crosby pressure relief devices
(PRDs) on chlorine cargo tanks, thus providing flexibility by
authorizing the use of alternative PRDs meeting the requirements of
Sec. 173.315(i). The petition for rulemaking also outlined the current
use of the Midland PRD on chlorine cargo tanks under the authority of
DOT-SPs 9694 and SP-10457. CI noted that the Midland PRD meets the
requirements in Sec. 173.315(i) and is incorporated in CI's Pamphlet
49, ``Recommendation Practices for Handling Chlorine Bulk Highway
Transporters.'' Furthermore, in their petition for rulemaking, CI notes
that since the requirement was established in Sec. 173.315(i), Midland
Manufacturing entered the chlorine PRD market. This expanded market was
reflected in CI Pamphlet 49, but it was not reciprocated in the HMR,
except by special permit.
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\27\ See petition for rulemaking P-1712: https://www.regulations.gov/docket?D=PHMSA-2018-0022.
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After reviewing this petition for rulemaking, PHMSA proposes to
allow use of the Midland PRD under Sec. 173.315(i) but does not
propose to delete the specific limitations on the type of PRD
authorized. PHMSA will continue to work with CI to develop generally
applicable specifications for PRDs used on cargo tanks transporting
inhalation hazards. Therefore, for the purpose of this rulemaking,
PHMSA only considered the inclusion of the PRD specifications that are
already outlined in CI Pamphlet 49 and we do not propose the deletion
of Sec. 173.315(i)(13) in its entirety. Instead, PHMSA proposes to
revise Sec. 173.315(i) to specify that the PRD on a chlorine cargo
tank must conform to one of the drawings in CI Pamphlet 49, which would
allow for the use of the Midland PRD in addition to the Crosby PRD.
PHMSA expects that this will provide for additional regulatory
flexibility in selection of a PRD while maintaining the current level
of safety.
F. P-1724
In petition for rulemaking P-1724,\28\ the Greenbrier Companies
requested PHMSA revise Sec. 179.100-12 to allow for an alternative
means of connecting the manway protection housing to the tank car.
Currently, the HMR require the protective housing that shields the
valves and fittings on top of pressure cars to be bolted to the manway
cover. The petition for rulemaking asks that the connection be
alternatively made between the protective housing and the manway
reinforcing pad. This alternative allows the protective housing to be
bolted to a flange connected to the manway reinforcing pad with not
less than twenty \3/4\-inch studs. After reviewing the petition for
rulemaking, PHMSA agrees there is merit in making this proposed
revision as it will provide regulatory flexibility without reducing the
safety of attaching the manway protection housing to a tank car. This
alternative method is currently only authorized in DOT-SPs 14832 and
20607. Therefore, PHMSA proposes to revise Sec. 179.100-12 to permit
the use of an alternative means of connecting the manway protection
housing to the tank car.
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\28\ See petition for rulemaking P-1724: https://www.regulations.gov/docket?D=PHMSA-2018-0111.
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G. P-1735
In petition for rulemaking P-1735,\29\ TTMA requested PHMSA amend
Sec. Sec. 173.33(d)(3) and 180.405(h)(3) to remove requirements
referring to the venting capacity of the original specification for the
MC cargo tank motor vehicles with upgraded pressure relief valves.
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\29\ See petition for rulemaking P-1735: https://www.regulations.gov/docket?D=PHMSA-2019-0132.
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After reviewing this petition for rulemaking, PHMSA agrees with the
[[Page 85602]]
position of the petitioner regarding the error made in the preamble in
final rule HM-218H,\30\ but does not agree that a regulatory change to
Sec. Sec. 173.33(d)(3) and 180.405(h)(3) is necessary. In final rule
HM-218H, PHMSA responded to a number of appeals to the final rule. In
the preamble, PHMSA incorrectly stated that the PRD set pressure must
be to the original specification when upgrading or modifying the PRDs
on a MC 300 series cargo tank motor vehicle. PHMSA has previously and
subsequently addressed this issue via letters of interpretation and
clarified that the upgraded or modified PRD on a MC 300 series cargo
tank motor vehicle must meet all requirements of Sec. 178.345-10,
including set pressure (see Letters of Interpretation Reference Nos.
16-0183 and 18-0118). As such, while PHMSA agrees with the position of
the petitioner, PHMSA finds that no amendments are necessary as the
petition for rulemaking was predicated on the incorrect language
included in the preamble to HM-218H.
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\30\ 83 FR 28162 (Jun. 18, 2018).
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III. Overview
A. Rail
PHMSA, in conjunction with FRA, proposes numerous revisions to the
HMR related to transportation of hazardous materials by rail. These
proposed revisions will provide greater clarity for hazardous materials
rail carriage requirements and remove regulatory barriers to efficient
operation without diminishing safety. PHMSA proposes the following
amendments:
Related to the proposed amendments offered by RSAC (see ``Section
II.A. RSAC'' for additional discussion), PHMSA proposes:
In Sec. 171.7, update the IBR of the AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002, (AAR Specifications
for Tank Cars), to the November 2014 edition from the 2000 edition;
In Sec. 171.7, separate the IBR of the AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002 into its component
chapters and appendices, except for Appendix B, Appendix L, and
Appendix U, as discussed in ``Section II.B.6. AAR Specifications for
Tank Cars Incorporation by Reference'';
In Sec. 171.7, update the edition of the AAR Manual of
Standards and Recommended Practices, Section C--II Specifications for
Design, Fabrication and Construction of Freight Cars, Chapter 5 to the
2011 edition from the 1988 edition;
In Sec. 172.101, editorially revise the description of
Column 9A ``Passenger aircraft/rail'' to clarify the meaning for rail
transportation;
In Sec. 172.820, add an exception for route planning for
circumstances where no practicable alternative route exists;
In Sec. 173.31(d), add requirements for tank car closure
instructions;
In Sec. 173.31(g), clarify securement requirements for
tank car loading and unloading;
In Sec. 174.9, revise the safety and security inspection
requirements;
In Sec. 174.14, add exceptions to the requirement for
tank car movements to be expedited for certain unavoidable delays;
Remove and reserve Sec. 174.16, because the requirements
for removal and disposition of certain explosives are obsolete;
Remove and reserve Sec. 174.20 because the reporting to
the Bureau of Explosives for local and carrier restrictions is
unnecessary;
In Sec. 174.24, clarify requirements for providing
shipping papers to an authorized official;
In Sec. 174.50, revise the OTMA requirements to align
with current FRA policy;
In a new Sec. 174.58, clarify the meaning of ``extent
practicable'' as used in the Sec. 171.8 definition of residue;
In Sec. 174.59, revise requirements for replacing lost
placards;
In Sec. 174.63, make editorial revisions and expand the
types of packages and materials eligible for COFC and TOFC service
without an approval from FRA;
In Sec. 174.67, revise the transloading requirements to
create a performance-based system, rather than the current prescriptive
requirements;
In Appendix B to part 179, revise the torch and pool fire
testing provisions to improve industry understanding of the
requirements; and
In Sec. 180.503, revise the definitions of tank car
owner, coating/lining owner, and service equipment owner to more
accurately reflect the complex business arrangements commonly in use.
Related to AAR delegated authority amendments (see ``Section II.B.
AAR Authority to Approve the Design of Tank Cars and Approve Quality
Assurance Programs'' for additional discussion), PHMSA proposes:
In a new subpart J in part 107, add tank car facility and
tank car DCE registration, with the ability to modify, suspend, or
terminate the registration for cause;
In Sec. Sec. 107.1, 107.105, and 107.701, revise
procedural requirements to accommodate the proposed new subpart J;
In Sec. 171.7, incorporate by reference AAR Manual of
Standards and Recommended Practices, Section C--Part III,
Specifications for Tank Cars, Specification M-1002 Chapter 3 into
Sec. Sec. 173.241, 173.242, and 173.247;
In Sec. 171.8, revise the definition of Design Certifying
Engineer to create a parallel definition for tank car DCEs;
In Sec. 179.2, revise the definitions for approved and
tank car facility and add definitions for component and tank car;
In Sec. 179.2, add introductory text to indicate that
terms defined in Sec. 180.503 also apply to part 179 to address
confusion with defined terms in these related regulatory parts;
In Sec. 179.3, remove the requirement for AAR TCC
approval of tank car and service equipment designs, and replace it with
approval by a DCE;
In Sec. 179.4, revise the process for designing and
seeking approval of a design of a new tank car specification;
In Sec. 179.5, remove the tank car certification of
construction requirement and replace it with a Design Approval
Certificate (DAC). PHMSA also proposes to describe the information that
must be included in a DAC for both tank cars and service equipment;
In Sec. 179.6, indicate that AAR approval is no longer
required for repairs;
In Sec. 179.7, remove the requirement for AAR approval of
the QAP and make revisions intended to clarify the intent of the
applicability of the QAP requirement;
In Sec. 179.11, add a reference to AAR Specifications for
Tank Cars in Appendix W, except section 1.2, for welding requirements;
In Sec. 179.24, remove reference to AAR Form 4-2 in
conformance with the replacement of the certificate of construction
with the DAC;
Throughout the HMR, including Sec. Sec. 172.102, 173.31,
and 173.314, and parts 179-180, remove all references to approval by
AAR and replace with a reference to an approval by a DCE;
In part 179, indicate that compliance with paragraph 1.2
of Appendix W of the AAR Specifications for Tank Cars is not required;
In Sec. Sec. 179.100-9, 179.200-10, and 179.220-10,
remove the sentence requiring that welding procedures, welders, and
fabricators be approved;
In Sec. Sec. 179.220-15 and 179.400-13, remove the
requirement for design approval for tank cushioning systems;
In Sec. 179.400-6, correct an editorial reference to the
incorrect IBR material;
In Sec. Sec. 179.500-17 and 179.500-18, revise
recordkeeping requirements to
[[Page 85603]]
remove obsolete references to the Bureau of Explosives;
In Sec. 180.501, replace ``owner's qualification
program'' with ``owner's qualification and maintenance program'' to
maintain alignment with the scope of part 180, subpart F, and the other
references to ``qualification and maintenance program'' in Sec. Sec.
179.7 and 180.513;
In Sec. 180.503, revise the definitions for maintenance,
modification, qualification, and service equipment;
In Sec. 180.509(i), clarify the inspection requirements
for linings and coatings;
In Sec. 180.513, revise the responsibilities of tank car
owners; and
In Sec. 180.517, revise the section to reflect the
removal of the certificate of construction and its replacement with the
DAC.
Related to PHMSA initiated editorial clarification, PHMSA proposes
to:
In Sec. 174.81, revise explosive segregation requirements
to align with current highway and vessel requirements.
Related to NTSB Safety Recommendation R-19-001, PHMSA proposes to:
In Sec. 171.7, incorporate by reference AAR
Specifications for Tank Cars Chapter 2, section 2.2.1.2 into Sec.
179.102-3 to require Charpy impact testing for shell and head material
of pressure tank cars used for poisonous-by-inhalation material.
Related to NTSB Safety Recommendation R-12-007, PHMSA proposes to:
In Sec. 179.10, incorporate by reference AAR
Specifications for Tank Cars Chapter 6, to require compliance with
AAR's redesigned center and draft sill attachment requirements.
B. Highway
PHMSA, in conjunction with FMCSA, proposes numerous revisions to
the HMR related to transportation of hazardous materials by highway
(i.e., motor vehicle). PHMSA expects these proposed revisions to
enhance the safe transportation of hazardous materials by highway while
providing greater clarity and regulatory flexibility. In addition to
various other revisions to the HMR, PHMSA proposes the following
amendments:
In part 107, subpart F, revise the registration
requirements to allow for electronic submission procedures;
In part 107 subpart F, create cargo tank facility
modification, suspension, and termination procedures; reconsideration
of modification, suspension, and termination procedures; and appeal of
modification, suspension, and termination procedures;
In Sec. 171.7, revise editorially the ASTM D 1838-64 IBR
document to include reference to the 1968 reapproval date;
In Sec. 171.7, update the Compressed Gas Association
(CGA) Technical Bulletin P-26 (formerly TB-2) IBR document to the 1997
edition;
In Sec. 171.7, replace current incorporation by reference
of CI drawings with the entire CI Pamphlet 49, which would include the
use of the Midland Type PRD for chlorine cargo tank in Sec. 173.315;
In the Sec. 172.336(c) table, add a sixth row to specify
that a cargo tank may display the UN ID number of the petroleum
distillate fuel with the lowest flash point transported in different
trips on the previous or current business day, except for gasoline and
alcohol fuel blends with more than 10% ethanol;
In Sec. Sec. 173.150(f)(3)(viii) and 177.837(c), require
bonding and grounding when preparing to transfer or transferring a
combustible liquid, or a flammable liquid reclassified as a combustible
liquid, from a cargo tank motor vehicle, in addition to the current
requirements for flammable liquids;
In Sec. 177.816(c) and (d), clarify the use of tank
vehicle endorsement or hazardous materials endorsement training to
fulfill the hazardous materials training requirements of Sec. Sec.
172.704 and 177.816;
In Sec. 177.835, clarify that a multipurpose bulk truck
may not be used in combination with any cargo tank that is required to
be marked or placarded under Sec. 177.823;
In Sec. 177.840, clarify that the requirements apply to
external self-closing stop valves in addition to the current
requirement of internal self-closing stop valves;
In Sec. 178.320, revise definitions for cargo tank, cargo
tank motor vehicle, and minimum thickness and add definitions for:
cargo tank motor vehicle certification date, component, flexible
connector, lading retention system, lining, name plate, original test
date, sacrificial device, shear section, and specification plate;
In Sec. 178.337-1(d), allow the use of other external
coverings besides paint;
In Sec. Sec. 178.337-8, 178.338-11, and 178.345-11,
specify that mechanical means of remote closure for manual operation
must not be obstructed to prevent access to or operation of remote
means of closure in an emergency;
In Sec. Sec. 178.337-10 and 178.338-10, clarify that the
exception in Sec. 393.86 for wheels back vehicles does not apply;
In Sec. Sec. 178.337-17 and 178.338-18, revise the
specification plate attachment requirement so that the specification
plate must be permanently attached to the cargo tank or its integral
supporting structure, instead of the cargo tank motor vehicle chassis
rail;
In Sec. Sec. 178.337-18 and 178.338-19, specify that when
the cargo tank motor vehicle is brought into full compliance, the
specification plate is marked with the cargo tank motor vehicle
certification date;
In Sec. 178.338-19, revise the certification language so
that it more closely mirrors certification language for other DOT
specification cargo tank motor vehicles;
In Sec. 178.345-1, remove definitions that are also
defined in Sec. 178.320;
In Sec. 178.345-14, clarify that when there is no limit
for the maximum loading or unloading rate in gallons per minute, the
specification mark may be marked ``NONE'' or ``OPEN MH'';
In Sec. 180.403, add definitions for cargo tank
maintenance, certification plate, objectively reasonable and
articulable belief, and set pressure, and revise the definition of
repair;
In a new paragraph in Sec. 180.405(b)(3), provide
instruction on the replacement of cargo tank and cargo motor vehicle
specification plates;
In a new Sec. 180.407(a)(7), specify that all equipment
and instruments used to test cargo tanks must be calibrated, with
appropriate documentation, in accordance with the manufacturer's
instructions;
In a new Sec. 180.407(a)(8), allow for the use of video
cameras or video optics equipment for any inspection or test;
In a new Sec. 180.407(a)(9), require that cargo tank
motor vehicle pressure tests conducted tested at a pressure higher than
50 psi be done with the hydrostatic method, except for DOT
Specification MC 338 cargo tanks used to transport cryogenic liquid;
In a new Sec. 180.407(a)(10), require that the Registered
Inspector consult with the owner or motor carrier, as appropriate, to
determine if materials corrosive or reactive to the cargo tank or its
components were transported in the cargo tank motor vehicle since the
last test or inspection, and ensure that the proper tests and
inspections, along with suitable safeguards, are used;
In a new Sec. 180.407(a)(11), require that all sources of
spark, flame, or glowing heat within the area in which the tests and
inspections are conducted are extinguished, made inoperable, or
rendered explosion-proof prior to all functions that are performed;
In Sec. 180.407(b), include ``bulges'' in the list of
conditions that may render a
[[Page 85604]]
cargo tank unsafe for hazardous materials service;
In Sec. 180.407(b)(5), replace ``reasonable doubt'' with
``objectively reasonable and articulable belief'' to create a more
consistent standard describing those circumstances in which a cargo
tank--or series of cargo tanks--may be required to be tested and
inspected outside of the normal test and inspection interval;
In Sec. 180.407(d)(2)(i), specify that the tank shell and
head must be evaluated in accordance with Sec. 180.411 and that during
inspection of the cargo tank shell and heads, all pad attachments on
either the cargo tank shell or head shell shall be inspected for method
of attachments;
In Sec. Sec. 180.407(d)(2)(ix) and (g)(1)(iii), add an
exception that the upper coupler must be removed if there are
obstructions immediately above the cargo tank shell that prevent the
upper coupler from being directly inspected;
In a new paragraph Sec. 180.407(d)(7), add inspection and
maintenance requirements for external ring stiffeners installed on a
cargo tank motor vehicle constructed of metal other than mild steel or
high-strength low-alloy steel;
In a new paragraph Sec. 180.407(d)(8), clarify inspection
and verification requirements for welded repairs;
In Sec. 180.407(f)(2), add documentation requirements for
linings from the lining manufacturer or installer;
In Sec. 180.407(f)(3), add a requirement that when the
degraded or defective areas of the cargo tank lining are repaired or if
the lining is replaced, it must comply with lining manufacturer or
installer procedures;
In Sec. 180.407(h)(4), specify that the test pressure of
the delivery hose assembly must be at least 80 percent of the Maximum
Allowable Working Pressure (MAWP) of the cargo tank;
In Sec. 180.407(i)(4)(v), specify that thickness testing
must be performed on areas around shell reinforcements, including
evenly distributed areas around all ring stiffeners and those areas in
the bottom half of the cargo tank;
In Sec. 180.407(i)(6)(i), specify that the supplemental
Certificate of Compliance that includes the minimum thickness issued by
the DCE must be provided to the CTMV owner;
In a new Sec. 180.409(a)(4), clarify that the person
performing or witnessing the inspections and tests must meet the
training requirements of part 172 subpart H;
In the Sec. 180.411(b) list, include bulges as an
additional condition requiring evaluation;
In new Sec. 180.411(h), specify conditions requiring
removal from service and methods in which a cargo tank motor vehicle
can be returned to service;
In new Sec. 180.411(i), specify that when required,
emergency discharge control systems on a DOT Specification MC 330, MC
331, or a non-specification cargo tank motor vehicle operating under
the provisions of Sec. 173.315(k) must be present and functioning
before passing any test or inspection; and
In Sec. 180.415(b), require that, unless already marked,
the cargo tank registration number of the cargo tank facility
performing the test or inspection must be marked on the cargo tank.
C. Vessel
PHMSA proposes several revisions to the requirements for
transporting hazardous materials by vessel. These proposals are
intended to increase transportation efficiency, increase harmonization
with the International Maritime Dangerous Goods (IMDG) Code, and
editorially revise the HMR while maintaining the high level of safety
of vessel transport. The following proposals were developed in
conjunction with the United States Coast Guard (USCG):
In Sec. 171.23(b)(5) and (b)(5)(iii), revise requirements
for communicating the presence of hazardous substances by clarifying
that only non-bulk packages are required to be marked with the letters
``RQ'' (to signify a reportable quantity), and the name of the
hazardous substance, consistent with Sec. 172.324;
In new Sec. 172.504(b)(2), remove the authorization to
use the ``DANGEROUS'' placard for vessel transportation to reduce
confusion and delays;
In part 176, editorially revise the office identifier of
the Coast Guard Commandant for Operating and Environmental Standards to
the identifier for the Office of Design and Engineering Standards;
In Sec. 176.84(a), clarify editorially that hazardous
materials transported in accordance with a limited quantity exception
are not subject to the stowage codes assigned by Column (10B) of the
Sec. 172.101 Table; and
In Sec. 176.905, add an exception for vehicles stored
onshore incidental to vessel transportation to align with similar
exceptions offered to highway and rail transportation of vehicles.
D. Multi-Modal
PHMSA proposes several revisions that affect multiple modes of
transportation. These proposals enhance safe transportation of
hazardous materials and were developed in conjunction with the FRA,
FMCSA, and USCG. Proposals include:
In Sec. 171.22(f)(4), clarify requirements for providing
hazardous material shipping paper information during inspections;
In Sec. 172.102, revise special provision 13 to identify
more clearly that security plan requirements apply;
In the Sec. 172.336(c) table, more clearly identify that
the exception in the fifth row of the table applies only to
compartmented cargo tanks or tank cars carrying more than one petroleum
distillate fuel;
In Sec. 172.704(e)(1), provide an exception (including an
editorial correction) for hazmat employees who manufacture, repair,
modify, recondition, or test packagings, and who do not perform any
other function, from security awareness training requirements;
In Appendix C to part 172, revise the recommended placard
holder dimensions to be consistent with the current placard size
requirements, and in Sec. 172.516(d), clarify that the current placard
holder is an authorized placard holder; and
In Sec. 173.159(e), clarify that wet batteries must be
loaded or braced to secure the batteries against shifting while in
transportation and require that the offeror ensure that persons loading
the batteries have knowledge of the conditional provisions for
exceptions from the general requirements of the HMR.
IV. Section-by-Section Review
The following table identifies the sections and mode(s) of
transportation affected by the proposed changes in this NPRM.
[[Page 85605]]
Table 2--Sections Affected by This NPRM
------------------------------------------------------------------------
Section affected Mode of transportation
------------------------------------------------------------------------
Sec. 107.1.............................. Rail.
Sec. 107.105............................ Rail.
Sec. 107.502............................ Highway.
Sec. 107.503............................ Highway.
Sec. 107.505............................ Highway.
Sec. 107.506............................ Highway.
Sec. 107.507............................ Highway.
Sec. 107.701............................ Rail.
Sec. 107.901............................ Rail.
Sec. 107.903............................ Rail.
Sec. 107.905............................ Rail.
Sec. 107.907............................ Rail.
Sec. 107.909............................ Rail.
Sec. 107.911............................ Rail.
Sec. 107.913............................ Rail.
Sec. 107.915............................ Rail.
Sec. 171.6.............................. Multi-modal.
Sec. 171.7.............................. Multi-modal.
Sec. 171.8.............................. Multi-modal.
Sec. 171.22............................. Vessel.
Sec. 171.23............................. Vessel.
Sec. 172.101............................ Rail.
Sec. 172.102............................ Multi-modal.
Sec. 172.303............................ Multi-modal.
Sec. 172.328............................ Highway.
Sec. 172.336............................ Multi-modal.
Sec. 172.504............................ Vessel.
Sec. 172.516............................ Multi-modal.
Sec. 172.704............................ Multi-modal.
Sec. 172.820............................ Rail.
Appendix C to Part 172.................... Multi-modal.
Sec. 173.31............................. Rail.
Sec. 173.150............................ Highway.
Sec. 173.159............................ Multi-modal.
Sec. 173.241............................ Rail.
Sec. 173.242............................ Rail.
Sec. 173.247............................ Rail.
Sec. 173.314............................ Rail.
Sec. 173.315............................ Highway.
Sec. 173.320............................ Multi-modal.
Sec. 174.9.............................. Rail.
Sec. 174.14............................. Rail.
Sec. 174.16............................. Rail.
Sec. 174.20............................. Rail.
Sec. 174.24............................. Rail.
Sec. 174.50............................. Rail.
Sec. 174.58............................. Rail.
Sec. 174.59............................. Rail.
Sec. 174.63............................. Rail.
Sec. 174.67............................. Rail.
Sec. 174.81............................. Rail.
Sec. 176.2.............................. Vessel.
Sec. 176.84............................. Vessel.
Sec. 176.340............................ Vessel.
Sec. 176.905............................ Vessel.
Sec. 177.801............................ Highway.
Sec. 177.804............................ Highway.
Sec. 177.816............................ Highway.
Sec. 177.835............................ Highway.
Sec. 177.837............................ Highway.
Sec. 177.840............................ Highway.
Sec. 177.841............................ Highway.
Sec. 178.320............................ Highway.
Sec. 178.337-1.......................... Highway.
Sec. 178.337-2.......................... Highway.
Sec. 178.337-3.......................... Highway.
Sec. 178.337-8.......................... Highway.
Sec. 178.337-9.......................... Highway.
Sec. 178.337-10......................... Highway.
Sec. 178.337-17......................... Highway.
Sec. 178.337-18......................... Highway.
Sec. 178.338-3.......................... Highway.
Sec. 178.338-10......................... Highway.
Sec. 178.338-11......................... Highway.
Sec. 178.338-18......................... Highway.
Sec. 178.338-19......................... Highway.
Sec. 178.345-1.......................... Highway.
Sec. 178.345-3.......................... Highway.
Sec. 178.345-8.......................... Highway.
Sec. 178.345-11......................... Highway.
Sec. 178.345-13......................... Highway.
Sec. 178.345-14......................... Highway.
Sec. 178.345-15......................... Highway.
Sec. 178.348-1.......................... Highway.
Sec. 179.2.............................. Rail.
Sec. 179.3.............................. Rail.
Sec. 179.4.............................. Rail.
Sec. 179.5.............................. Rail.
Sec. 179.6.............................. Rail.
Sec. 179.7.............................. Rail.
Sec. 179.10............................. Rail.
Sec. 179.11............................. Rail.
Sec. 179.24............................. Rail.
Sec. 179.100-9.......................... Rail.
Sec. 179.100-10......................... Rail.
Sec. 179.100-12......................... Rail.
Sec. 179.100-18......................... Rail.
Sec. 179.102-3.......................... Rail.
Sec. 179.103-5.......................... Rail.
Sec. 179.200-7.......................... Rail.
Sec. 179.200-10......................... Rail.
Sec. 179.200-11......................... Rail.
Sec. 179.200-17......................... Rail.
Sec. 179.200-22......................... Rail.
Sec. 179.220-10......................... Rail.
Sec. 179.220-11......................... Rail.
Sec. 179.220-15......................... Rail.
Sec. 179.220-18......................... Rail.
Sec. 179.300-9.......................... Rail.
Sec. 179.300-10......................... Rail.
Sec. 179.400-5.......................... Rail.
Sec. 179.400-6.......................... Rail.
Sec. 179.400-11......................... Rail.
Sec. 179.400-12......................... Rail.
Sec. 179.400-13......................... Rail.
Sec. 179.400-15......................... Rail.
Sec. 179.400-18......................... Rail.
Sec. 179.400-19......................... Rail.
Sec. 179.500-17......................... Rail.
Sec. 179.500-18......................... Rail.
Appendix B to Part 179.................... Rail.
Sec. 180.3.............................. Multi-modal.
Sec. 180.403............................ Highway.
Sec. 180.405............................ Highway.
Sec. 180.407............................ Highway.
Sec. 180.409............................ Highway.
Sec. 180.411............................ Highway.
Sec. 180.413............................ Highway.
Sec. 180.415............................ Highway.
Sec. 180.416............................ Highway.
Sec. 180.501............................ Rail.
Sec. 180.503............................ Rail.
Sec. 180.509............................ Rail.
Sec. 180.513............................ Rail.
Sec. 180.517............................ Rail.
Appendix D to Part 180.................... Rail.
------------------------------------------------------------------------
The following is a section-by-section review of the proposed
amendments:
Part 107
Section 107.1
Section 107.1 is the definition section for Part 107--``Hazardous
Materials Programs Procedures.'' The definition of ``registration''
currently states that, ``For purposes of subparts A through E,
``registration'' does not include registration under subpart F or G of
this part.'' In this NPRM, we propose to add a reference to the new
subpart J for tank car facility and tank car DCE registration to the
existing references to subpart F or G. This will ensure that the
registration requirements of subpart J for tank car facilities and DCEs
are not confused or conflated with other registration requirements in
Part 107. See also our discussion in ``Section II.B.5 Tank Car Facility
and Design Certifying Engineer Registration'' for additional
information.
Section 107.105
Section 107.105 contains the general information and supporting
documentation requirements for special permit applications. Paragraph
(a)(5) requires that special permit applicants who hold a registration
under subparts F or G of Part 107 must include their registration
number in their special permit application. PHMSA proposes to add a
reference to the new subpart J to paragraph (a)(5), to require that
tank car facilities or tank car DCEs who submit a special permit
application to PHMSA include their registration number. This will allow
PHMSA to more easily cross-reference tank car facility or DCE
registration records with the special permit request. See also our
discussion in ``Section II.B.5 Tank Car Facility and Design Certifying
Engineer Registration'' for additional information.
Section 107.502
Section 107.502 details general registration requirements for
persons who are engaged in the manufacture, assembly, inspection and
testing, certification, or repair of a cargo tank or a cargo tank motor
vehicle manufactured in accordance with a DOT specification or a
special permit. Paragraph (a)(3) specifies reference citations to
certain terms used in the HMR. PHMSA proposes to add a reference to the
definition of modification, which is currently found in Sec. 180.403.
In addition--and as detailed later in this rulemaking--PHMSA proposes
to add a definition of component to Sec. 178.320(a) and a definition
of maintenance to Sec. 180.403, and PHMSA proposes to reference these
[[Page 85606]]
terms in paragraph (a)(3). Additionally, PHMSA proposes to add
references to these definitions as they are all related to the cargo
tank registration program and the references will provide greater
understanding of the registration requirements. See ``Section IV.
Section-by-Section Review; Part 178; Section 178.320'' and ``Section
IV. Section-by-Section Review; Part 180; Section 180.403'' for further
discussion of the proposed definitions.
PHMSA also proposes to add paragraphs (a)(4) through (a)(9) to
specify definitions for fixed test and inspection facility, FMCSA
Agency Decisionmaker, FMCSA Agency Official, mobile tester, mobile
testing and mobile test and inspection unit. The definitions of fixed
test and inspection facility, mobile tester, mobile testing, and mobile
test and inspection unit are proposed to provide additional clarity and
to help distinguish between fixed facilities and mobile testing units.
As currently required, the registration statement must specify
``whether the facility uses mobile testing/inspection equipment'' (see
Sec. 107.503(a)(3)). However, the HMR does not include definitions to
help distinguish these types of operations. Furthermore, the
definitions for FMCSA Agency Decisionmaker and FMCSA Agency Official
are being proposed as they are referenced in new Sec. Sec. 107.505,
107.506, and 107.507, and they align with FMCSA's organizational
structure.
Paragraph (b) specifies that a person who is employed as a
Registered Inspector or DCE is considered to be registered if the
person's employer is registered. PHMSA proposes minor editorial changes
to specify that the ``inspector'' is a ``Registered Inspector'' and
capitalize the term ``Design Certifying Engineer.''
Paragraph (d) specifies submission information for registration
statements. PHMSA proposes to revise this paragraph to include an
electronic method for submitting registration statements. In addition,
PHMSA proposes to make editorial revisions of an administrative nature
to this paragraph, including revising the mailing address for FMCSA.
Paragraph (e) details the applicant's receipt of registration
statement. The first sentence specifies that a letter will be sent to
the registrant and will assign the registrant with a registration
number. The second sentence specifies that a separate registration
number will be assigned for each cargo tank manufacturing, assembly,
repair facility or other place of business identified by the
registrant. PHMSA proposes to revise the first sentence of paragraph
(e) to allow for the registrant letter to be sent electronically
instead of only in a hard copy. This will promote electronic
correspondence with FMCSA, which is faster and more efficient for all
parties. PHMSA also proposes to move the second sentence of paragraph
(e) to a new paragraph (f), but the regulatory text within the second
sentence will remain unchanged. The proposed change provides increased
visibility and emphasis that a separate registration number will be
assigned for each cargo tank manufacturing, assembly, or repair
facility, or other place of business identified by the registrant.
Section 107.503
This section specifies the requirements pertaining to the
registration statement for persons who are engaged in the manufacture,
assembly, inspection and testing, certification, or repair of a cargo
tank or a cargo tank motor vehicle manufactured in accordance with a
DOT specification or a special permit. PHMSA proposes to revise
paragraph (a)(2) to include an email address for the facility or place
of business, if applicable (i.e., if they have an email address). This
will promote electronic correspondence with FMCSA which is faster and
more efficient for all parties.
PHMSA proposes to revise the statement for compliance in paragraph
(a)(4) to ensure that the person responsible for compliance certifies
that hazmat employees meet the minimum qualification requirements set
forth in Sec. 171.8 for Registered Inspectors or DCEs, and that they
are appropriately trained and knowledgeable of all the functions they
are registered to perform. FMCSA notes that one of the top violations
of employers is a lack of hazmat training of hazmat employees,
including Registered Inspectors or DCEs. Therefore, the certification
statement is revised to include reference to training to emphasize the
requirement.
In paragraph (c), PHMSA proposes to remove the last sentence, as
June 30, 1992, has passed and thus, this is an outdated requirement.
Lastly, PHMSA proposes to add paragraph (d) to require that each
person who performs the wet fluorescent magnetic particle exam submit a
copy of their ASME Code compliant training certificate. The training is
required in both Section V (Non-Destructive Examinations) and Section
VIII, Division 1 of the ASME Code. Requiring the certificate will
ensure that FMCSA can verify that each person who performs the wet
fluorescent magnetic particle exam has received the appropriate
training.
Section 107.505
This proposed new section provides for the modification,
suspension, or termination of a cargo tank facility registration.
During 2019, FMCSA investigations of cargo tank facilities discovered
254 instances where the facilities had not been in compliance with the
regulatory requirements, yet the Department does not have a codified
process to modify, suspend, or terminate registrations to address lack
of compliance. The proposal to allow the modification, suspension or
termination of cargo tank facility registrations also addresses NTSB
Safety Recommendation H-18-005,\31\ issued on January 30, 2018. This
recommends that PHMSA revise the HMR to permit the suspension or
termination of highway cargo tank registrations for failing to meet the
requirements of the HMR. The safety recommendation was made after a
March 11, 2016, incident where a cargo tank semitrailer separated from
its truck-tractor and struck a rock. The impact with the rock breached
the front head of the cargo tank, causing the lading to spill and a
fire to occur. Although the investigation determined that the condition
of the cargo tank was acceptable and its performance was consistent
with its design, the investigation also discovered safety issues with
inspection and testing of DOT Specification MC330 and MC331 cargo tanks
and certification and training of cargo tank inspectors. The NTSB
concluded that DOT needs to be able to suspend or terminate a cargo
tank registration to ensure that when cargo tank facilities perform
inadequate inspections, their authorization to do so can be terminated.
Based on this safety recommendation, and additional recognition by
FMCSA for the need of the ability to modify, suspend, or terminate a
cargo tank registration, PHMSA proposes to add Sec. 107.505 (along
with Sec. 107.506 for reconsideration and Sec. 107.507 for appeal) to
provide this authority. PHMSA proposes that this modification,
suspension, or termination process in Sec. 107.505 be consistent with
existing FMCSA procedures for adjudicating motor carrier violations.
---------------------------------------------------------------------------
\31\ See NTSB Safety Recommendation H-18-005: https://ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=H-18-005.
---------------------------------------------------------------------------
As proposed in paragraph (a), reasons for modification, suspension,
or termination include: (1) that because of a change in circumstance,
the registration is no longer needed or would not be granted if applied
for; (2) that the application contained
[[Page 85607]]
inaccurate or incomplete information and it would not have been granted
had it included accurate and complete information; (3) that the
application contained deliberately inaccurate or incomplete
information; or (4) that the registration holder knowingly violated the
terms of the registration or an applicable requirement of 49 CFR
Chapter I in a manner demonstrating lack of fitness to conduct the
activity for which the registration is required. Upon determination of
this modification, suspension, or termination, and as proposed in
paragraph (b), FMCSA will notify the registrant in writing or by
electronic means of the proposed action and allow opportunity to show
cause as to why the proposed action should not be taken. The registrant
will then have 30 days from service of the notice to file a response to
the notice. After consideration of the response, or after 30 days if no
response has been filed, the FMCSA Agency Official will notify the
registrant of a final decision with a brief statement of reasons and
effective date of the action.
However, as proposed in paragraph (d), if a condition of imminent
hazard exists, the FMCSA Agency Official may issue an immediately
effective emergency order to the registration holder in accordance with
Sec. 109.17 of this subchapter.
As proposed in paragraph (c), the rules of practice for FMCSA
proceedings for service and computation of time in Sec. Sec. 386.6 and
386.8 of this title apply to this section, except that electronic
service is permitted.
Section 107.506
This proposed new section provides for reconsideration of a
registration that was modified, suspended, or terminated in accordance
with proposed Sec. 107.505. This proposed process is similar to
existing FMCSA procedures. As proposed in paragraph (a), this request
would be: (1) in writing or by electronic means and served within 20
days of service of the original decision; (2) state in detail any
alleged errors of fact, law, or procedure; (3) state corrective actions
taken, (4) enclose any additional information needed to support the
request to reconsider; and (5) state in detail the modification of the
final decision.
As proposed in paragraph (b), the decision issued under Sec.
107.505 of this part remains effective pending a decision on
reconsideration. The FMCSA Agency Official will consider requests to
stay the decision using the criteria laid out in proposed Sec.
107.507(b)(1)-(4). As proposed in paragraph (c), the FMCSA Agency
Official request may request additional information or documents and,
to ensure that the deficiencies identified as the basis for the action
have been corrected, may conduct additional investigation. Furthermore,
paragraph (d) specifies that the FMCSA Agency Official will grant or
deny, in whole or in part, the relief requested, and the notification
will be made in writing or by electronic means. As proposed in
paragraph (e), the rules for FMCSA proceedings for service and
computation of time in Sec. Sec. 386.6 and 386.8 of this title apply
to this section, except that electronic service is permitted.
Section 107.507
This proposed new section provides for an appeal process for a
cargo tank facility that has had its registration modified, suspended,
or terminated by the Department in accordance with proposed Sec.
107.505 and has been denied reconsideration in accordance with proposed
Sec. 107.506. This ensures that the registrant has been provided due
process. As proposed, the appeal of the FMCSA Agency Official's
decision is adjudicated by the FMCSA Agency Decisionmaker. Similar to
Sec. Sec. 107.505 and 107.506, the language in proposed Sec. 107.507
is intended to reflect existing FMCSA procedures.
As proposed in paragraph (a), the appeal will be submitted to the
FMCSA Agency Decisionmaker and must: (1) be in writing and served
within 30 days of receipt of the FMCSA Agency Official's decision on
the FMCSA Agency Decisionmaker at the mailing or email address provided
and on all parties to the proceeding; (2) state in detail any alleged
errors of fact, law, or procedure; (3) enclose any additional
information needed to support the appeal; and (4) state in detail the
modification of the final decision sought. Furthermore, as detailed in
paragraph (b), the FMCSA Agency Official's action remains effective
pending a decision on appeal, unless a stay is requested and the FMCSA
Agency Decisionmaker determines:
(1) There is a substantial likelihood that the requesting party
will prevail on the merits;
(2) The requesting party will suffer irreparable injury absent the
stay;
(3) The threatened injury outweighs whatever damage the stay may
cause the opposing party; and
(4) The stay will not harm the public interest.
As proposed in paragraph (c) the FMCSA Agency Official, who bears
the burden of proof, will respond to the appeal within 30 days of
service of the appeal. Lastly, as proposed in paragraph (d), the FMCSA
Agency Decisionmaker will grant or deny, in whole or in part, the
relief requested. This decision is the final agency action.
As proposed, the rules for FMCSA proceedings for service and
computation of time in Sec. Sec. 386.6 and 386.8 of this title apply
to this section, except that electronic service is permitted. This
decision is the final administrative action.
Section 107.701
Section 107.701 contains the procedural requirements for the
submission of registrations. PHMSA proposes to add an exception to
paragraph (c) for the new subpart J. This exception will be applicable
to tank car facilities and tank car DCE registrations. This aligns with
the exception currently provided in paragraph (c) for subpart F, for
cargo tank facilities and cargo tank DCEs. It allows tank car facility
and tank car DCE registrations to be handled in the separate procedural
manner outlined in the proposed subpart J, in which the registrations
will be submitted to PHMSA, but subject to termination by FRA. See also
our discussion in ``Section II.B.5 Tank Car Facility and Design
Certifying Engineer Registration'' for additional information.
Part 107, Subpart J--``REGISTRATION OF TANK CAR FACILITIES AND DESIGN
CERTIFYING ENGINEERS''
PHMSA proposes to create subpart J in part 107 (Sec. Sec. 107.901-
107.915) for tank car facility and tank car DCE registrations. The
subpart includes definitions for terms used in the subpart,
instructions for applying for registration for both tank car facilities
and DCEs, and means of appeal if a registration is modified, suspended,
or terminated. See also ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for additional details on the
creation of this subpart.
Section 107.901
This proposed new section Sec. 107.901 details the purpose and
scope of new part 107 subpart J. Part 107 subpart J addresses the
registration of tank car facilities and DCEs. Paragraph (b) details the
threshold requirement that applicants for registration must be familiar
with the HMR's requirements regarding specifications for tank cars
(part 179) and the qualification and maintenance of tank cars (part
180, subpart F).
Section 107.903
This proposed new section Sec. 107.903 details terms used in part
107, subpart
[[Page 85608]]
J and includes references to the location of their definition. The
terms that PHMSA proposes to include in this section are Design
Certifying Engineer (defined in Sec. 171.8), Qualification (defined in
Sec. 180.503), Tank car (defined in Sec. 179.2), Tank car facility
(defined in Sec. 179.2), and Tank car tank (defined in Sec. 180.503).
Additionally, PHMSA proposes to define FRA Associate Administrator for
Safety and FRA Administrator as used in this subpart.
Section 107.905
This proposed new Sec. 107.905 details the requirements for
submitting a tank car facility registration, including the information
required in the registration statement and where to send the
information. This section requires all tank car facilities to register
with PHMSA in order to legally qualify a DOT specification or special
permit tank car.
In order to register with PHMSA, each tank car facility is required
to provide a list of the qualification functions the tank car facility
will perform, and identify the types of DOT specification or special
permit tank cars that they intend to qualify. Paragraph (b) of this
section prohibits tank car facilities from performing qualification
functions that have not been identified in the registration. Each
facility must also submit an executive summary of its current quality
assurance program that is sufficient to demonstrate compliance with the
requirements set out in Sec. 179.7 in order to complete the
registration process. PHMSA anticipates that this information will
allow for effective oversight of registered tank car facilities.
Section 107.907
This proposed new Sec. 107.907 details the requirements for
submitting a tank car DCE registration. This section requires a DCE to
be registered with PHMSA in order to legally approve the design of a
DOT specification or DOT special permit tank car, as well as service
equipment, and details the required information in the registration
statement and where to send the information. Each registrant is
required to provide a list of the specific design approval functions
that the DCE will perform and identify the types of DOT specification
and special permit tank cars and service equipment that the DCE will
review. Paragraph (b) of this section prohibits design certifying
engineers from performing design approval functions that have not been
identified in the registration application. The registrant must also
provide the name of each DCE, and a description of each DCE's
experience that shows that they meet the requirements set out in Sec.
171.8. PHMSA anticipates that this information will allow for effective
oversight of registered tank car facilities.
Section 107.909
This proposed new Sec. 107.909 details the proposed administrative
details of the tank car facility and tank car DCE registration,
including renewal requirements, requirements to update PHMSA on changes
in activity and personnel, and record retention. As proposed, DCE
registrations must be renewed every six years, and registrants must
keep PHMSA updated on changes in company name, address, ownership,
personnel employed as tank car DCEs, and design approval activities
performed by the registrant. PHMSA will inform FRA of these changes.
PHMSA and FRA intend that this communication will increase our level of
oversight on the activities of engineers who review and approve tank
car and service equipment designs compared the existing AAR TCC closed
system. Additionally, non-compliance with these requirements may create
the basis for revocation of the registration. This will allow PHMSA and
FRA greater enforcement ability than the current system, which will
lead to an increased level of safety.
Section 107.911
This proposed new Sec. 107.911 details the reasons for which FRA
may modify, suspend, or terminate a tank car facility or DCE
registration. As proposed in paragraph (a), reasons for modification,
suspension, or termination include: (1) because of a change in
circumstances, the registration is no longer needed or would no longer
be granted if applied for; (2) that the application contained
inaccurate or incomplete information and it would not have been granted
if complete or accurate information was provided; (3) that the
application contained deliberately inaccurate or incomplete
information; or (4) that the registration holder knowingly violated the
terms of the registration or an applicable requirement of 49 CFR
Chapter I in a manner demonstrating lack of fitness to conduct the
activity for which the registration is required. Upon determination of
this modification, suspension, or termination, and as proposed in
paragraph (b), FRA will notify the registrant in writing or by
electronic means of the proposed action and allow opportunity to show
cause as to why the proposed action should not be taken. The registrant
will then have 30 days to file a response to the notice. After
consideration of the response, or after 30 days have elapsed with no
response from the registrant, the Associate Administrator for Safety,
FRA will notify the registrant of a final decision with a brief
statement of reasons.
However, as proposed in paragraph (c), if it is necessary to avoid
a risk of significant harm to persons or property, then the Associate
Administrator for Safety, FRA may declare the proposed corrective
action immediately effective.
Section 107.913
This proposed new Sec. 107.913 details the proposed process for
requesting reconsideration of FRA's decision to modify, suspend, or
terminate a tank car facility or DCE registration. This proposed
process is similar to the current special permit and approval
reconsideration procedures in Sec. Sec. 107.123 and 107.715,
respectively. As proposed in paragraph (a), this request would be: (1)
by electronic means and filed within 20 days of receipt of the
decision; (2) state in detail any alleged errors of fact and law; (3)
enclose any additional information needed to support the request to
reconsider; and (4) state in detail the modification of the final
decision.
As proposed in paragraph (b), newly submitted information will be
considered if the registration holder can show that the information
could have not been submitted when the application was processed.
Furthermore, paragraph (c) specifies that the Associate Administrator
for Safety, FRA will grant or deny, in whole or in part, the relief
requested, and allows the Associate Administrator for Safety, FRA to
notify the requesting party of the decision in writing or by electronic
means.
Section 107.915
This proposed new Sec. 107.915 details the process for requesting
an appeal of FRA's decision on reconsideration regarding a modified,
suspended, or terminated tank car facility or DCE registration. This
will ensure that the registrant has been provided due process. The
appeal of the Associate Administrator for Safety, FRA's decision will
be adjudicated by the FRA Administrator. Similar to Sec. Sec. 107.911
and 107.913, the language in Sec. 107.915 mirrors the current appeal
process for DOT special permits and approvals in Sec. Sec. 107.125 and
107.717, respectively, except that the appeal is directed to FRA,
rather than PHMSA.
As proposed in paragraph (a), the appeal will be submitted to the
FRA Administrator and must: (1) be by electronic means and filed within
30
[[Page 85609]]
days of receipt of the Associate Administrator for Safety, FRA's
decision; (2) state in detail any alleged errors of fact and law; (3)
enclose any additional information needed to support the appeal; and
(4) state in detail the modification of the final decision sought.
Furthermore, as detailed in paragraph (b), the FRA Administrator may
declare the Associate Administrator for Safety, FRA's action remain
effective pending a decision on appeal, if it is necessary to avoid a
risk of significant harm to persons or property. Lastly, as proposed in
paragraph (c), the FRA Administrator will grant or deny, in whole or in
part, the relief requested. This decision is the final administrative
action.
Part 171
Section 171.6
Section 171.6 provides information on the Office of Management and
Budget (OMB) control numbers assigned to information collection in the
HMR under the Paperwork Reduction Act of 1995. The paragraph (b)(2)
table lists all of the HMR sections associated with each OMB control
number. As this NPRM proposes to add new information collection to the
regulations, PHMSA proposes to revise the table to include the section
references where this information collection request is specified. In
addition, PHMSA proposes minor editorial revisions for grammatical
consistency. For details on the affected OMB control numbers, see
``Section V.G. Paperwork Reduction Act.''
Section 171.7
This section details the IBR documents in the HMR. Paragraph (h)
details IBR documents of the American Society of Testing and Materials
(ASTM). In paragraph (h)(39), PHMSA proposes an editorial revision for
standard method ``ASTM D 1838-64 Copper Strip Corrosion by Liquefied
Petroleum (LP) Gases, 1964'' by adding the date ``Reapproved 1968.''
The current IBR document for the 1964 edition of ASTM 1838-64 has a
reapproved date of 1968, but it is not specified in Sec. 171.7.
Therefore, PHMSA proposes this editorial amendment to add this date to
provide regulatory clarity without amending the actual IBR standard.
This standard is available for purchase at the following online
location: https://webstore.ansi.org/.
Paragraph (k) details IBR documents of the AAR. In paragraph (k),
PHMSA proposes to revise editorially the AAR mailing address and
website. As discussed in ``Section II.A. Railroad Safety Advisory
Committee,'' PHMSA proposes to update the edition of and revise how the
AAR Manual of Standards and Recommended Practices, Section C--III,
Specifications for Tank Cars, Specification M-1002 (AAR Specifications
for Tank Cars) is incorporated by reference in the HMR. Specifically,
PHMSA proposes to update the 2014 edition of the AAR Specifications for
Tank Cars, divide it into its component chapters and appendices and
incorporate by reference each chapter and appendix in the relevant
section of the HMR, as agreed to by the RSAC. This revision provides
more specificity on the relevant AAR chapters and appendices that are
incorporated by reference throughout the HMR, instead of generally
indicating the entire manual. Additionally, PHMSA proposes to update
the edition of the AAR Manual of Standards and Recommended Practices,
Section C--II, Specifications for Design, Fabrication and Construction
of Freight Cars, Chapter 5 to the 2011 edition from the 1988 edition,
as agreed by the RSAC. This update also requires updating the title of
the standard from ``AAR Specifications for Design, Fabrication and
Construction of Freight Cars,'' to ``AAR Manual of Standards and
Recommended Practices, Section C--II Specifications for Design,
Fabrication and Construction of Freight Cars'' and moving the IBR from
Sec. 171.7(k)(4) to paragraph (k)(1) to align with the numerical
organization of this paragraph. PHMSA also proposes to incorporate by
reference the updated 2016 edition of the AAR Manual of Standards and
Recommended Practices, Section C, Car Construction Fundamentals and
Details, Standard S-286, Free/Unrestricted Interchange for 286,000 lb
Gross Rail Load Cars for rail cars weighing up to 286,000 lbs., as
agreed in RSAC into Sec. 179.13, and move the current S-286 IBR
reference to Sec. 171.7(k)(20). These revisions are intended to update
the incorporated by reference versions of these industry standards to
reflect the current state of the art.
There are several sections and appendices from the AAR
Specifications for Tank Cars that were recommended by the RSAC but are
not proposed. This is because, based on the proposal to remove AAR as
the sole approval for tank car designs, the incorporation by reference
of these sections and appendices is not needed in the HMR at this time.
As such, PHMSA does not propose to IBR Appendix B, Appendix L, and
Appendix U of the AAR Specifications for Tank Cars into the HMR. As a
matter of amendatory instructions, in Sec. 171.7(k), PHMSA proposes to
reserve where the omitted chapters and appendices would traditionally
be located for future regulatory flexibility. See ``Section II.B.6. AAR
Specifications for Tank Cars Incorporation by Reference'' for
additional details.
PHMSA also proposes to incorporate by reference the following AAR
documents:
AAR Manual of Standards and Recommended Practices, Section
C--II Specifications for Design, Fabrication and Construction of
Freight Cars, Chapter 6 into Sec. 179.400-6;
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Chapter 2 in Sec. 179.102-3;
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Chapter 3 into Sec. Sec. 173.241,
173.242, and 173.247; and
AAR Manual of Standards and Recommended Practices, Section
C--III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars) Appendix W into Sec. 179.11.
Additional information on the purpose and intent of these IBRs can
be found in their respective section-by-section discussions. These
standards are available for purchase at the following online location:
https://aarpublications.com/msrp.html.
Paragraph (l) details IBR documents of the CI. Currently,
paragraphs (l)(3) and (l)(4) include the IBR drawings for authorized
PRDs for cargo tanks transporting chlorine. As discussed in ``Section
II.E. P-1712,'' instead of adding the third drawing found in CI
Pamphlet 49 to Sec. 171.7, PHMSA proposes to remove the references to
the PRD drawings and incorporate by reference CI Pamphlet 49 in total.
Thus, PHMSA proposes to revise paragraph (l)(3) to read ``Pamphlet 49,
Recommended Practices for Handling Chlorine Bulk Highway Transports,
Edition 10, December 2016, into Sec. 173.315'' and reserving paragraph
(l)(4). This standard is available for purchase at the following online
location: https://www.chlorineinstitute.org/products.
Paragraph (n) details IBR documents of the CGA. In paragraph
(n)(21), PHMSA proposes to update ``CGA Technical Bulletin TB-2,
Guidelines for Inspection and Repair of MC-330 and
[[Page 85610]]
MC-331 Cargo Tanks, 1980'' to the 1997 edition, reaffirmed in 2015. The
Technical Bulletin is now titled ``P-26: Guidelines for Inspection and
Repair of MC-330 and MC-331 Anhydrous Ammonia Cargo Tanks (formerly TB-
2).'' PHMSA proposes to incorporate by reference this newer version
because it directs readers to the correct, relevant HMR citations and
provides clearer instruction on the guidelines provided in the
standard. For example, many of the HMR references in the 1980 edition
(i.e., the current IBR) point to part 173; however, the requirements
are now found in part 180. PHMSA has reorganized the HMR and, thus, the
citations in the 1980 edition are inaccurate, and updating to the 1997
edition will provide correct citations. These standards are available
for purchase at the following online location: https://www.cganet.com/standards/.
Section 171.8
Section 171.8 defines terms in the HMR. PHMSA proposes to amend the
following definitions:
Cargo tank: PHMSA proposes several minor editorial
revisions to paragraph (1), which currently defines the materials a
cargo tank is intended to hold, the encompassing parts of a cargo tank,
and the HMR citations that detail cargo tank specifications. PHMSA
proposed revisions include:
[cir] Add ``solids'' and ``semi-solids'' to the list of materials
transported in cargo tanks, consistent with the Sec. 178.320(a)
definition of cargo tank;
[cir] Consistent with the proposal to add a definition for
component, which includes ``fittings'' as a type of component, replace
the term ``fittings'' with the term ``components.'' See ``Section IV.
Section-by-Section Review; Part 178; Section 178.320'';
[cir] Alphabetize the list of parts of a cargo tank encompassed in
the definition;
[cir] Revise the phrase ``the definition of a tank'' to read as
``cargo tank specifications'' in the parenthetical introductory
language as this more accurately describes the section references list
in paragraph (1);
[cir] Add a reference to Sec. 178.345-1, as it is currently not
included in the citation list, but should be included, as this section
details cargo tank specifications for DOT Specification 406, 407, and
412 cargo tanks.
Design Certifying Engineer: PHMSA proposes to make an
editorial amendment to the current cargo tank DCE definition and add
provisions to account for a tank car DCE. To accommodate the new
criteria for a tank car DCE, PHMSA proposes to reorganize the current
cargo tank DCE requirements from paragraphs (1)-(3) to paragraphs
(1)(i)-(iii). PHMSA also proposes an editorial amendment in proposed
paragraph (1)(i) to clarify that the one year of work experience
requirement is a minimum requirement. The definition currently
specifies a person must have exactly one year of experience in cargo
tank structural or mechanical design with an engineering degree;
however, it is not PHMSA's intent to limit this to only one year of
experience. Instead, a person with at least one year of work experience
in cargo tank structural or mechanical design, in addition to an
engineering degree, meets the definition of a DCE for cargo tanks.
Additionally, and as previously discussed, PHMSA proposes to add
criteria for a tank car DCE. As such, PHMSA proposes to revise the
introductory paragraph and add paragraphs (2)(i) and (ii). The proposed
criteria in paragraphs (2)(i) and (ii) mirror the current cargo tank
DCE criteria in paragraphs (1)(i) and (ii). Specifically, as proposed,
a Design Certifying Engineer for a tank car is ``a person registered in
accordance with subpart . . . J of part 107 . . . who has the knowledge
and ability to perform stress analysis of pressure vessels and
otherwise determine whether a . . . tank car design and construction
meets the applicable DOT specification.'' In addition, a tank car DCE
is a person who either: ``(i) has an engineering degree and at least
one year of work experience in tank car structural or mechanical design
or (ii) is currently registered as a professional engineer by an
appropriate authority of a State of the United States or a province of
Canada.'' See ``Section II.B.2. Tank Car Design Approval'' for
additional information on the proposed creation of tank car DCEs and
``Section II.B.5. Tank Car Facility and Design Certifying Engineer
Registration'' for additional details on proposed registration
requirements for DCEs.
Section 171.22
Section 171.22 authorizes the use of international dangerous goods
transportation standards in place of the HMR, subject to the conditions
and restrictions of Sec. Sec. 171.22 to 171.26, including use of the
International Civil Aviation Organization's (ICAO) Technical
Instructions for the Safe Transport of Dangerous Goods by Air
(Technical Instructions), the IMDG Code, Transport Canada's
Transportation of Dangerous Goods (TDG) Regulations, and the
International Atomic Energy Agency (IAEA) Regulations. PHMSA proposes
to revise paragraph (f)(4) to specify that in addition to retaining a
copy of the shipping paper, a person who provides for transportation or
receives for transportation a shipping paper must make the shipping
paper readily accessible for inspection. PHMSA and its modal partners
have determined that the current shipping paper accessibility
requirements in Sec. 171.22(f)(4) create unnecessary delays during
routine inspections because these forms are often made available
several hours or days after the inspections are conducted. Therefore,
PHMSA proposes to revise paragraph (f)(4) to indicate more clearly the
expectation that shipping paper information must be made readily
accessible to inspectors or other authorized individuals during
inspections. This change is intended to increase safety by improving
the ability of inspectors to conduct their reviews of hazardous
materials shipments and increase efficiency by facilitating a quicker
return to commerce for hazardous materials delayed by inspection. The
intent of this revision is to ensure timely provision of shipping paper
information for inspection of shipments in transportation (e.g.,
container inspections in port areas). Access to historic shipping paper
information after transportation has ended is a separate scenario, and
may have other standards for reasonable provision of shipping paper
information (e.g., close of business the following business day for
historic rail shipping paper information). See ``Section IV. Section-
by-Section Review; Part 174; Section 174.24'' for further discussion of
historic shipping paper availability in rail transportation.
Section 171.23
Section 171.23 establishes HMR requirements for specific materials
and packagings transported under the ICAO Technical Instructions, IMDG
Code, Transport Canada's TDG Regulations, and the IAEA Regulations.
PHMSA proposes to revise the introductory text of paragraph (b)(5) and
paragraph (b)(5)(iii) to clarify that the letters ``RQ'' and the name
of the hazardous substance must be marked only on non-bulk packages
that contain reportable quantities of a hazardous substance. The HMR do
not currently require this marking on bulk packages because Sec.
172.324, which requires the ``RQ'' marking, only applies to non-bulk
packages. However, PHMSA and USCG understand that international
shippers occasionally misinterpret Sec. 171.23(b) as requiring this
marking on bulk packagings. This proposed revision is
[[Page 85611]]
intended to decrease burdens on shippers by clarifying which markings
are required and to avoid confusion in port areas. Shippers may apply
the letters ``RQ'' and the name of the hazardous substance on a bulk
packaging, but PHMSA and USCG discourage this practice as it might be
unnecessarily confusing and burdensome.
Part 172
Section 172.101
Section 172.101 lists the HMT and provides explanatory text on the
use of the table. Paragraph (j) provides explanatory text about Columns
(9A) and (9B) of the HMT, including an indication that Column (9A) of
the HMT identifies the maximum quantity of hazardous materials that may
be offered in one package when transported by passenger-carrying
aircraft or passenger-carrying rail car. However, as defined in Sec.
171.8, a rail car means a car designed to carry freight or non-
passenger personnel by rail. Therefore, a ``passenger-carrying rail
car'' is inconsistent with the definition of a rail car. PHMSA proposes
to revise editorially Sec. 172.101(j) to indicate instead that Column
(9A) is for the quantity limitation of passenger-carrying aircraft and
passenger-carrying rail. This proposal decreases potential regulatory
confusion without impacting safety. The proposed language was approved
by consensus vote at the May 25, 2017, RSAC meeting and offered to
PHMSA and FRA for consideration.
Section 172.102
This section details the meaning and requirements of the special
provisions listed in Column (7) of the HMT. Special provision 13 is
assigned to ``UN1005, Ammonia, anhydrous, 2.2'' and ``UN3318, Ammonia
solution, relative density less than 0.880 at 15 degrees C in water,
with more than 50 percent ammonia, 2.2.'' PHMSA proposes to clarify
that these materials are subject to security plan requirements. In
final rule HM-232F,\32\ PHMSA specified this stance:
---------------------------------------------------------------------------
\32\ 75 FR 10973 (Mar. 9, 2010).
While anhydrous ammonia is classed for domestic transportation
as a Division 2.2 material, it does pose a significant inhalation
hazard and, thus, should be subjected to safety and security
requirements that address that hazard. [PHMSA] note[s] further that
by requiring security plans for materials that meet the definition
for a material poisonous by inhalation, all materials that exhibit
PIH characteristics are covered even if they are not specifically
identified in column 3 of the Sec. 172.101 table as Division 2.3 or
---------------------------------------------------------------------------
6.1 materials.
However, as currently written, it is not clear that security plan
requirements apply to these shipments. Therefore, to ensure safe
transportation of these hazardous materials, to facilitate compliance
with the HMR, and to provide additional clarity, PHMSA proposes to
specify that security plan requirements apply to materials assigned to
special provision 13. This does not affect the classification of UN1005
and UN3318, and they may continue to be placarded with the Division 2.2
placard for domestic transportation. Additionally, this proposed change
does not mean that persons who transport UN1005 or UN3318 are subject
to FMCSA safety permit requirements; rather, the change is an explicit
reminder that security plan requirements apply to this material.
PHMSA also proposes to revise special provision B45. This special
provision, which is currently assigned to ``UN1067, Dinitrogen
tetroxide, 2.3 (5.1, 8),'' requires that, ``each tank must have a
reclosing combination pressure relief device equipped with stainless
steel or platinum rupture discs approved by the AAR Tank Car
Committee.'' In conformance with other proposals throughout this NPRM
regarding AAR TCC approval requirements, PHMSA proposes to replace the
reference to AAR TCC approval with a reference to a tank car DCE
approval.
Section 172.303
This section identifies that no person may offer for transportation
or transport a package marked as a hazardous material, unless the
package contains that hazardous material, its residue, or it is
excepted in accordance with paragraph (b) of the section. PHMSA
proposes to add paragraph (b)(4) to permit the continued display of the
``BIOHAZARD'', ``HOT'', or sour crude oil markings when the hazardous
material is no longer present. Section 172.502(b)(2) currently
authorizes this continued display, as the section specifies that the
display of a ``BIOHAZARD'', ``HOT'', or sour crude oil marking is not a
prohibited placard. However, because Sec. 172.303 does not include a
matching provision to allow for the continued display of the
``BIOHAZARD'', ``HOT'', or sour crude oil markings, there may be
potential confusion. Therefore, to provide regulatory clarity and to
reinforce the current authorization, PHMSA proposes the editorial
revision in Sec. 172.303 to mirror the allowance in Sec. 172.502.
Section 172.328
Section 172.328 details cargo tank marking requirements. Paragraph
(d) requires that after October 3, 2005, each on-vehicle manually
activated remote shutoff device for closure of the internal self-
closing stop valve must have ``Emergency Shutoff'' marked on the cargo
tank.
PHMSA proposes to add a paragraph title of ``Emergency shutoff
marking'' to paragraph (d) to clarify that the paragraph relates to
emergency shutoff markings. The Office of Federal Register Document
Drafting Handbook provides instruction that when one section paragraph
has a heading, all of the other paragraphs in the section should as
well. As the other paragraphs in Sec. 172.328 have headings, this
editorial proposal ensures conformity with the Office of Federal
Register Drafting Document Handbook.
PHMSA proposes to further revise paragraph (d) editorially. First,
PHMSA proposes to remove the compliance date of October 3, 2005, from
paragraph (d). As this date has passed, there is no need for the
compliance date to remain in the paragraph. PHMSA also proposes to add
introductory language to this paragraph to specify that the emergency
shutoff marking is only required for cargo tank motor vehicles subject
to emergency remote shutoff device requirements under the HMR. This is
not intended to add any new regulatory requirements; instead, it is
added to clarify editorially the applicability of the paragraph.
Lastly, PHMSA proposes to require that the emergency shutoff
marking requirement applies to both internal and external self-closing
stop valves, instead of just internal self-closing stop valves. This
proposal addresses a potential safety gap where an external self-
closing stop valve is on the cargo tank, but it is not appropriately
marked. Thus, both internal and external self-closing stop valves can
be appropriately identified and activated during a hazardous material
incident, which leads to an increase in safety.
Section 172.336
Section 172.336 outlines special provisions for the display of UN
ID numbers. PHMSA proposes to revise the Sec. 172.336(c) table, which
provides scenarios where UN ID numbers are either not required or an
exception applies. As discussed in ``Section II.D. Cargo Tank Marking
for Petroleum Distillate Fuels,'' PHMSA proposes to add a sixth row to
the table to authorize display of the UN ID number representing the
petroleum distillate fuel with the lowest flash point that is
[[Page 85612]]
transported in a cargo tank in different trips on the previous or
current business day. However, due to different emergency response
procedures, PHMSA also proposes that the exception is not applicable
when the cargo tank transports gasoline and alcohol fuel blends
consisting of more than 10% ethanol. This is consistent with the
current requirements in the fifth row of the table. Specifically, PHMSA
proposes that in this circumstance, the UN ID numbers ``3475'' or
``1987'' must also be displayed, as appropriate, and the cargo tank may
only display ``3475'' or ``1987'' when the material is in the cargo
tank. Therefore, if the liquid petroleum distillate fuel with the
lowest flash point transported in the cargo tank in different trips on
the previous or current business day is a gasoline and alcohol fuel
blend consisting of more than 10% ethanol, and it is not being
transported in the cargo tank, ``3475'' or ``1987'' may not be
displayed on the cargo tank. In this scenario, the cargo tank should
display either the UN ID number of the liquid petroleum distillate fuel
with the next lowest flash point transported in different trips on the
previous or current business day or the liquid petroleum distillate
fuel that is being transported.
Lastly, PHMSA proposes to specify that the exception in the fifth
row only applies to compartmented cargo tanks and compartmented tank
cars. This will distinguish clearly the fifth and sixth row exceptions.
The fifth row authorizes the display of the UN ID number of the
petroleum distillate fuel with the lowest flash point when the cargo
tank or tank car contains more than one petroleum distillate fuel. The
fifth-row exception is only possible when the cargo tank or the tank
car is compartmented (i.e., it has multiple compartments each with a
different petroleum distillate fuel). Therefore, PHMSA proposes to
remove the term ``cargo tank'' to indicate clearly the exception only
applies to ``compartmented cargo tanks or compartmented tank cars.''
Section 172.504
Section 172.504 prescribes the general requirements for placarding.
Paragraph (b) authorizes the use of the ``DANGEROUS'' placard when
transporting two or more categories of hazardous materials that require
a different placard specified in table 2 of Sec. 172.504(e). PHMSA
proposes to prohibit the use of the ``DANGEROUS'' placard to describe
multiple categories of hazardous materials being transported by vessel.
PHMSA and USCG identified vessel operator confusion with the display of
the ``DANGEROUS'' placard because the ``DANGEROUS'' placard is not
authorized in the IMDG Code. It is advantageous to harmonize the HMR
with the IMDG Code to promote efficient vessel transportation by
removing the authorization to use this placard. Furthermore, the
``DANGEROUS'' placard may not provide adequate information on the
hazardous materials inside the container for emergency response onboard
vessels. PHMSA and USCG experience is that it is also very rare for the
``DANGEROUS'' placard to be displayed on a freight container for vessel
transportation. Therefore, PHMSA proposes to add this limitation in a
new paragraph (b)(2), while also moving the existing usage limitation
for the ``DANGEROUS'' placard (over 2,205 lbs. aggregate gross weight
or more of one category of material is loaded at one loading facility)
to a new paragraph (b)(1). Please note that ``DANGEROUS'' placards may
continue to be appropriately used for highway or rail transportation,
when applicable, prior to, or after, the portion of transportation by
vessel.
Section 172.516
Section 172.516 details the visibility and display of placards,
including paragraph (d), which specifies that the recommended placard
holder specifications are set forth in Appendix C. PHMSA proposes to
revise the size of the recommended placard holder dimensions in
Appendix C to part 172. As detailed in ``Section IV. Section-by-Section
Review; Part 172; Appendix C to Part 172,'' the recommended placard
holder that is currently authorized in the HMR may continue to be used,
even if the revised placard holder in Appendix C to part 172 is adopted
in a final rule. However, to ensure that there is no confusion with
this allowance, PHMSA proposes to revise Sec. 172.516(d) to add a
reference to the placard holder authorized in Appendix C prior to a
final rule effective date as an authorized placard holder.
Section 172.704
Section 172.704 details HMR training requirements. Paragraph (a)(2)
includes requirements for function-specific training. PHMSA proposes to
add paragraph (a)(2)(iii) to reference Sec. 177.816 for highway
transportation function-specific training. This new paragraph will help
to provide regulatory clarity and ensure those persons transporting
hazardous materials by highway meet the function-specific training in
Sec. 177.816, without adding any additional requirements.
Section 172.704(e)(1) excepts a hazmat employee from the paragraph
(a)(3) safety training when the hazmat employee repairs, modifies,
reconditions, or tests packagings, as qualified for use in the
transportation of hazardous materials, and who does not perform any
other function in the HMR. PHMSA proposes to revise paragraph (e)(1) to
add an exception from the security awareness training requirement in
paragraph (a)(4). Final rule HM-126F,\33\ added training requirements
to the HMR, including the exception from safety awareness training in
paragraph (e)(1). Security awareness training was not included in the
exception because the requirement for security awareness training was
not added to the HMR until RSPA published final rule HM-232.\34\ In HM-
232, RSPA provided the following reasoning for the need of security
awareness training:
---------------------------------------------------------------------------
\33\ 20 FR 20944 (May 15, 1992).
\34\ 68 FR 14510 (Mar. 25, 2003).
Because many hazardous materials transported in commerce may
potentially be used as weapons of mass destruction or weapons of
convenience, it is critical to the assurance of public safety that
training for persons who offer and transport hazardous materials in
---------------------------------------------------------------------------
commerce include a security component.
While HM-232 provides a need for security awareness training, RSPA
did not comment on whether it intended to exclude security awareness
training from the exception in paragraph (e)(1). PHMSA affirms that
security awareness training is essential to ensure that hazardous
materials are transported in commerce safely. However, upon review,
PHMSA acknowledges that the burden of security awareness training
imposed on hazmat employees who only manufacture, repair, modify,
recondition, or test packagings, and do not perform any other function
subject to the HMR, may not present the same security benefit as for
those who directly offer or transport hazardous materials. PHMSA
expects that the packagings a hazmat employee manufactures, repairs,
modifies, reconditions, or tests are empty and free of hazardous
materials, and we seek comment on this expectation. As described in HM-
232, the creation of security awareness training was related to
concerns about hazardous materials transported in commerce being used
as weapons of mass destruction or weapons of convenience. A hazmat
employee whose sole hazmat function is qualifying a packaging would not
interact with a hazardous material that could be used as a weapon;
therefore, PHMSA does not expect a reduction in
[[Page 85613]]
security by providing these employees an exception from security
awareness training. Therefore, PHMSA proposes to add the security
awareness training of paragraph (a)(4) to the paragraph (e)(1)
exception for persons performing only repairs, modifications,
reconditioning, or testing of packagings and no other functions subject
to the HMR.
Additionally, PHMSA proposes to expand the eligibility of hazmat
employees excepted from safety and security training to include package
``manufacturers.'' In review of paragraph (e)(1), it was determined
that package manufacturers were unintentionally excluded from this
exception and including package manufacturers to this exception ensures
the paragraph conforms to guidance previously issued by PHMSA.\35\
Therefore, PHMSA proposes to include package ``manufacturers'' among
the list of hazmat employees excepted from safety and, as proposed,
security awareness training. Although these changes broaden the
population of persons excepted from safety and security awareness
training, PHMSA expects the safety and security of hazardous materials
transportation will be maintained because of this training's primary
focus on persons who offer or transport hazardous materials.
---------------------------------------------------------------------------
\35\ See Letter of Interpretation Reference No. 05-0064: https://www.phmsa.dot.gov/regulations/title49/interp/05-0064.
---------------------------------------------------------------------------
Section 172.820
Section 172.820 outlines additional security plan requirements for
certain hazardous materials transported by rail. The requirements for a
rail carrier to identify and analyze practicable alternative routes are
specified in paragraph (d). As currently written, there is no
instruction provided for a situation where no alternative routes exist.
Therefore, PHMSA proposes to revise paragraph (d) to provide an
exception from the requirement to conduct an alternative route
analysis, when no practicable alternative routes exist, including
consideration of interchange agreements. The rail carrier must
describe, in writing, the remediation or mitigation measures to be
implemented, if any, on the primary route in conformance with Sec.
172.820(d)(1)(iii) and certify that an alternative route does not exist
for a given primary route. For example, a shortline railroad with only
one possible route to move material subject to Sec. 172.820 is not
required to analyze alternative routes owned by other railroads. HMIWG
discussed the proposed paragraph (d)(3) at its August 16-17, 2016,
meeting. The proposed language was approved by consensus vote at the
May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects safety will be maintained as a result of
this proposal, because it is not possible to conduct an alternate route
analysis where no alternate route(s) exist. In this NPRM, we propose a
minor revision to the proposed text of (d)(3) to indicate that the
exception applies to the requirements of (d)(1) and (d)(2).
Appendix C to Part 172
Appendix C to part 172 specifies the dimensions for a recommended
placard holder. PHMSA proposes to revise the recommended placard holder
drawing from a one-side minimum dimension of 273 mm (10 \3/4\ inch) to
250 mm (9.84 inch). This revised dimension meets the current minimum
placard size in Sec. 172.519(c). In final rule HM-218F,\36\ PHMSA made
miscellaneous amendments to update and clarify certain regulatory
requirements, including amending the placard dimensions in Sec.
172.519(c) to harmonize with international standards. Specifically, HM-
218F revised the dimensions of a placard from at least 273 mm (10.8
inches) on each side to the current dimension of at least 250 mm (9.84
inches) on each side. However, when the revision was made to Sec.
172.519(c), an accompanying revision to the recommended placard holder
dimensions in Appendix C to part 172 was not made. This has resulted in
placard holders that may not correctly fit placards thereby, creating
the potential for certain communication elements of the placard to be
obscured. To prevent this potentially unsafe and noncompliant
situation, PHMSA proposes to reduce the dimensions of the recommended
placard holder with revised dimensions that are consistent with the
current minimum placard dimension of 250 mm (9.84 inches) on each side,
because hazard communication information may be obscured. Appendix C
provides only recommended dimensions. A larger version of a placard
holder suitable for larger placards may continue to be used since the
side dimensions for the placards and placard holders are a minimum
specification.
---------------------------------------------------------------------------
\36\ 76 FR 43510 (Jul. 20, 2011).
---------------------------------------------------------------------------
Part 173
Section 173.31
Section 173.31 prescribes the requirements for use of tank cars.
Paragraph (a)(2) specifies that tank cars and appurtenances may be used
for the transportation of any commodity for which they are authorized
and as specified on the certificate of construction. PHMSA proposes to
revise paragraph (a)(2) in conformance with the proposal to replace AAR
TCC approval with tank car DCE approval. Specifically, PHMSA proposes
to indicate that tank cars and appurtenances may be used for the
transportation of the commodity specified on the DAC, while also
providing a one-year transition period during which certificates of
construction may still be issued. Existing tank cars approved for use
by the AAR TCC may continue in use for the rest of their authorized
life pursuant to their existing AAR Form 4-2 certificate of
construction, subject to periodic qualification as required by part 180
subpart F. Additionally, PHMSA proposes to replace the reference to the
AAR TCC approval with approval by a tank car DCE, consistent with the
other proposed changes.
Section 173.31(d) outlines the requirements for examination of a
tank car prior to shipping. Review of incident data involving non-
accident hazardous materials releases from tank cars indicates that
most releases occur because of improperly secured closures on tank
cars. Additionally, the majority of those failures occur at the manway
cover due to a failure to secure the manway in accordance with the
equipment owner and gasket manufacturer closure instructions, including
the bolt securement sequences, tools, and torque specifications.
Currently, there is no requirement in the HMR that offerors of tank
cars containing hazardous materials develop and implement closure
procedures that are consistent with the industry standards and Original
Equipment Manufacturer (OEM) recommendations. However, the HMR does
require manufacturers of other packagings, namely those specified in
part 178, to forward closure instructions to each person to which the
package is transferred, and that each person who closes those
packagings must do so in accordance with the manufacturer's closure
instructions.
Therefore, in the interest of improving safety and consistency with
requirements for closures for part 178 packaging types, PHMSA proposes
several amendments to Sec. 173.31(d). For clarity, PHMSA proposes to
amend the format of paragraph (d) by revising the paragraph title to
read ``pre-transportation closure, securement, and examination of tank
cars'' and providing each paragraph a title. PHMSA proposes
[[Page 85614]]
additional substantive amendments by adding introductory text on the
expectations of offerors prior to transportation, and by adding
regulatory text to require a closure and securement procedure including
a two-year periodic review of the procedure. As proposed, offerors must
develop and maintain a written procedure for closing and securing all
tank car openings. PHMSA and FRA expect that offerors will use
available best practices and guidance from packaging and component
manufactures in development of these procedures. These proposed changes
to Sec. 173.31(d) are designed to ensure that minimum standards for
closures and their securement on tank cars are implemented to prevent
releases of hazardous material. Rail carriers, rail hazmat shippers,
equipment owners, and manufacturers all have a vested interest in
ensuring tank cars are routinely operated and closed in a reliable and
repeatable manner that is consistent with industry standards and OEM
recommendations. PHMSA and FRA expect that this regulatory change will
result in a net benefit to safety by ensuring proper securement of tank
car closures, thus reducing the number of hazardous material releases
by rail. Reduction in releases will have a positive impact on the
environment, including potential reductions in greenhouse gas
emissions.
Section 173.31(g) outlines the requirements for tank car loading
and unloading. The proposed changes to Sec. 173.31(g) are intended to
clarify the requirements for tank car unloading by adopting language
from long-standing PHMSA letters of interpretation.\37\ These letters
of interpretation explain that the intent of paragraph (g) is to ensure
the entry to a track where a tank car is being loaded or unloaded is
secured. The proposed revisions to Sec. 173.31(g) clarify that the
mechanism used to satisfy securement should be under the direct control
of the loading or unloading operator and locked in place so that it can
only be removed by the employee responsible for the product transfer.
The mechanism should also be capable of stopping or diverting incoming
rail equipment to prevent contact with the tank car being offloaded
(e.g., lined and locked switch or derail). The example of bumper blocks
in the current requirements of paragraph (g)(1) are proposed to be
removed because, as discussed at HMIWG meeting, the majority of
companies subject to this requirement accomplish compliance with the
use of a derail or a switch. Additionally, PHMSA and FRA have concerns
that some bumper blocks do not satisfy the requirements of the
paragraph. Bumper blocks may continue to be used to meet the
requirements of paragraph (g) provided they provide an equivalent level
of security to lining and locking switches or using derails, but PHMSA
proposes not to specifically call out bumper blocks as an option in
paragraph (g). Lastly, in new paragraphs (g)(1)(i)(A)-(D), PHMSA
proposes to clarify the performance of track securement operations in
association with loading or unloading of tank cars to account for
circumstances in which the securement may be temporarily removed for
necessary intra-plant repositioning of rail cars. The proposed
requirements in (g)(1)(i)(A)-(D) align with current industry practice
and are intended to protect railroad personnel and the tank car being
loaded or unloaded from interaction with other rail cars undergoing
switching in intra-plant operations that would otherwise be delayed or
obstructed without the possibility of temporarily removing measures for
securement of the track. The final recommended language was approved by
consensus vote at the May 25, 2017, RSAC meeting and offered to PHMSA
and FRA for consideration.
---------------------------------------------------------------------------
\37\ See PHMSA Letters of Interpretation Gale to Ross, May 31,
2006 (Reference No. 06-0058: https://www.phmsa.dot.gov/regulations/title49/interp/06-0058) and Foster to Rodgers, October 11, 2018
(Reference No. 18-0032: https://www.phmsa.dot.gov/regulations/title49/interp/18-0032).
---------------------------------------------------------------------------
Section 173.150
Section 173.150 details exceptions for Class 3 (flammable and
combustible liquids) hazardous materials. Paragraph (f)(3) provides an
exception for combustible liquids transported in bulk packaging or
combustible liquids meeting the definition of a hazardous substance,
hazardous waste, or a marine pollutant. In Sec. 173.150(f)(3)(viii),
PHMSA proposes to add a reference to Sec. 177.837(c). This is a
conforming amendment to the proposed requirement in Sec. 177.837(c) to
require bonding and grounding for the transfer of lading for
combustible liquids or flammable liquids reclassified as combustible
liquids in cargo tanks. PHMSA expects that for the safe transportation
of combustible liquids in cargo tanks, bonding and grounding
requirements should apply when taking the exception in Sec.
173.150(f). See ``Section IV. Section-by-Section Review; Part 177;
Section 177.837'' for additional discussion.
Section 173.159
Section 173.159 details packaging requirements and exceptions for
the transportation of wet batteries (i.e., electric storage batteries,
commonly of the rechargeable type, that contain a liquid electrolyte
component that is corrosive). Paragraph (e) specifies that the
transportation of wet batteries by highway and rail is excepted from
the requirements of HMR when transported in accordance with conditions
outlined in this paragraph. Over the past 10 years, over 700 incidents
involving the transportation of wet batteries have been reported due to
improper preparation of batteries for transportation. Not all of the
referenced incidents are associated with the transportation of wet
batteries in accordance with paragraph (e), but incidents involving the
transportation of wet batteries under other provisions are still
relevant to the transportation of wet batteries under paragraph (e)
because they show what may occur when wet batteries are not properly
prepared for transportation.
Many of these incidents involved a release of corrosive battery
fluid from wet batteries because of load shifting or falling over while
in transportation. Through inspections, PHMSA identified that improper
loading, securement, and transportation of wet batteries likely caused
a number of these incidents. Therefore, PHMSA proposes to add more
specificity in the provisions of Sec. 173.159(e) to clarify the
expectations for load securement of the batteries shipped under this
provision and ensure the safe transportation of wet batteries. This
increased clarification will enhance the safety of transport of wet
batteries and reduce the number of incidents resulting from improper
load securement and transportation. In addition, PHMSA notes that it is
the responsibility of all persons conducting transportation functions,
including loading and unloading, to ensure proper compliance with Sec.
173.159(e), and if there is a violation, PHMSA, along with any
respective modal administration, will attempt to identify and bring any
enforcement proceeding against the person who did not comply with Sec.
173.159(e).
Paragraph (e)(2) currently requires that wet batteries be loaded or
braced to prevent damage and short circuits in transit. This provision
has been in the HMR since its inception, as originally codified in
1956.\38\ Although load securement is not specifically mentioned in
paragraph (e)(2), securing hazardous materials against shifting under
normal transportation conditions is a basic hazardous materials
transportation safety requirement. For transportation by highway and
rail,
[[Page 85615]]
packages containing hazardous materials are required to be secured
against shifting while in transportation in accordance with Sec. Sec.
177.834 and 174.55, respectively. This requirement protects hazardous
materials, including wet batteries, from falling over or spilling under
normal transportation conditions, preventing damage and short circuits
during transportation. After evaluation of the aforementioned incidents
involving wet batteries, PHMSA proposes to amend the language of Sec.
173.159(e)(2) to include securement of the batteries to enhance the
safe transportation of wet batteries shipped under this exception.
Specifically, PHMSA proposes to clarify that loading or bracing of wet
batteries includes securing wet batteries against shifting while in
transit. In addition, and similar to Sec. Sec. 177.834 and 174.55,
PHMSA proposes to indicate that securement against shifting includes
relative motion between packages, under conditions normally incident to
transportation. PHMSA expects this language will help prevent damage to
batteries while in transportation and possible release of their liquid
contents. While ``method of securement'' is not defined in the HMR,
PHMSA has issued Letters of Interpretation regarding securement
methods. For example, in Letter of Interpretation Ref. No. 19-0039,\39\
PHMSA specifies that various methods for securement include tie-downs,
using dunnage or other cargo, shoring bars, jack bars, or toe-boards.
Furthermore, Letter of Interpretation Ref. No. 11-0198 \40\ includes
banding in this list. This is not an exclusive list; instead, these
demonstrate potential methods for securement to prevent shifting,
including relative motion between packages. In addition, the use of one
of these methods is only satisfactory when there is securement against
shifting, including relative motion, under conditions normally incident
to transportation. Lastly, PHMSA notes that for highway transportation,
the Federal Motor Carrier Safety Regulations (FMCSR; 49 CFR parts 350-
399), specifically part 393 subpart I--Protection Against Shifting and
Falling Cargo--details requirements for the prevention of loss and
shifting of load.
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\38\ 21 FR 4432 (June 23, 1956).
\39\ See Letter of Interpretation Reference No. 19-0039: https://www.phmsa.dot.gov/regulations/title49/interp/19-0039.
\40\ See Letter of Interpretation Reference No. 11-0198: https://www.phmsa.dot.gov/regulations/title49/interp/11-0198.
---------------------------------------------------------------------------
PHMSA also identified instances where persons offer for
transportation or transport wet batteries as unregulated shipments,
even though they are still subject to the provisions of the HMR under
Sec. 173.159(e). While these shipments are not subject to many of the
HMR provisions, including Sec. 172.704 training requirements, a person
who is complying with Sec. 173.159(e) must still know and understand
the applicable requirements in order to safely transport wet batteries.
This applies to both shippers and carriers, including those persons who
load, unload, or transport wet batteries in accordance with Sec.
173.159(e). However, because persons engaged in this operation have
been shown not to be aware of the specific provisions, PHMSA proposes
to revise paragraph (e) to specify that ``the offeror must inform
persons loading the batteries and the operator of the vehicle
transporting batteries of the requirements of this paragraph.'' PHMSA
expects that this will enhance the safe transportation of wet batteries
under Sec. 173.159(e) and add only minimal burden because, as
previously mentioned, being aware of the requirements of Sec.
173.159(e) is necessary for a person to properly apply the exception.
This proposed text reinforces that a person must be aware of the
requirements to properly perform said requirements. In order to
accommodate the proposed language, we propose to redesignate the
language currently located in paragraph (e)(5), requiring compliance
with incident reporting, to new paragraph (e)(6), and moving the
conjunction ``and'' to connect (e)(5) and (e)(6).
Sections 173.241, 173.242, and 173.247
Sections 173.241, 173.242, and 173.247 are bulk packaging
authorization sections for low hazard, medium hazard, and elevated
temperature liquid and solid materials, respectively. Each section
authorizes AAR specification tank cars for the transportation of
hazardous materials. Section 173.241 authorizes AAR Class 203W, 206W,
and 211W tank cars, Sec. 173.242 authorizes AAR Class 206W tank cars,
and Sec. 173.247 authorizes AAR Class 203W, 206W, and 211W tank cars.
However, the specifications for these packages are not found in the
HMR; they are found in Chapter 3 of the AAR Specifications for Tank
Cars. In order to ensure that no changes are made to the construction
specifications of these hazmat packagings without PHMSA and FRA review,
PHMSA proposes to incorporate by reference the 2014 edition of Chapter
3 of the AAR Specifications for Tank Cars into each section. AAR Class
203W, 206W and 211W tank cars currently in service may remain in use,
provided they continue to meet the specification to which they were
constructed. PHMSA proposes a transition period of one year from the
effective date of the final rule for compliance with the 2014 edition
of the AAR Specifications for Tank Cars for new-build AAR specification
203W, 206W, and 211W tank cars.
Section 173.241
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.242
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.247
See ``Section IV. Section-by-Section Review; Part 173; Sections
173.241, 173.242, and 173.247'' for details on the revisions proposed
to this section.
Section 173.314
Section 173.314 specifies packaging for compressed gases
transported by a tank car or a multi-unit tank car. Paragraph (b)(4)
currently indicates that the term ``approved'' for purposes of the
section means approval by the AAR TCC. PHMSA proposes to remove and
reserve paragraph (b)(4). The language in (b)(4) is an outdated
holdover from an earlier regulatory structure, since tank car
specification requirements are now found in Part 179, rather than Part
173. Therefore, we propose to remove and reserve (b)(4), consistent
with other proposed changes.
Section 173.315
Section 173.315 describes the requirements for the transportation
of compressed gases in cargo tanks and portable tanks. Paragraph (h)
specifies gauging device requirements for cargo tanks and portable
tanks. PHMSA proposes a minor editorial amendment in paragraph (h) to
reference paragraph (e) for a tank filled by weight. This proposed
change helps to ensure consistent application of the requirement and
provides additional clarity which will enhance safety.
Paragraph (i) provides cargo tank and portable tank requirements
for pressure relief devices, with paragraph (i)(13) detailing the
specifications for safety relief valves on chlorine cargo tanks. PHMSA
proposes to revise Sec. 173.315(i)(13) to replace the reference to
specific PRD drawings with a general reference to CI Pamphlet 49 for
authorized safety relief valves. This proposal allows the use of the
Midland PRD in addition to the Crosby PRD on
[[Page 85616]]
cargo tanks transporting inhalation hazards to provide additional
regulatory flexibility without reducing safety. See ``Section II.E. P-
1712'' or ``Section IV. Section-by-Section Review; Part 171; Section
171.7'' for further discussion on this proposed change.
Paragraph (j) details packaging requirements for consumer storage
containers used for liquefied petroleum gas. Paragraph (j)(1) provides
requirements for storage containers for liquefied petroleum gas or
propane charged to five percent of their capacity or less and intended
for permanent installation on consumer premises. PHMSA proposes to
remove the reference to propane as an editorial amendment. Propane is a
type of liquefied petroleum gas and therefore, a specific reference to
propane is unnecessary and redundant. Furthermore, as paragraphs (j)(2)
and (3) do not include a reference to propane (only refers to liquefied
petroleum gas) a reader could mistakenly assume that propane is not
eligible for these storage container requirement sections, which is not
the case since propane is a liquefied petroleum gas. Therefore, PHMSA
expects this proposed amendment will clarify the regulatory
applicability of paragraph (j).
Paragraph (m) details the general requirements for cargo tanks used
exclusively in husbandry service that are commonly known as nurse
tanks. On behalf of FMCSA, the Iowa State University is conducting a
multi-year research project related to the occurrence and potential
methods of reducing anhydrous ammonia (NH3) nurse tank
failures.\41\ The December 2013, final report of Phase II of the
project titled, ``Testing and Recommended Practices to Improve Nurse
Tank Safety,'' recommended that post-weld heat treatment (annealing)
should be performed on all new nurse tanks as a part of the
manufacturing process to reduce the occurrence of stress corrosion
cracking failure.\42\ Consistent with this recommendation and to ensure
safe transportation of hazardous materials in nurse tanks, PHMSA
proposes to add paragraph (m)(1)(viii) requiring that all nurse tanks
manufactured 90 days after the effective date of a final rule be stress
relieved through full post-weld heat treatment. In addition, this
proposal addresses, in part, NTSB Safety Recommendation H-04-023 that
was issued as a result of an incident involving the release of
anhydrous ammonia because of a failed nurse tank.\43\ FMCSA notes that
the two major manufacturers of nurse tanks are already performing full
post-weld heat treatment on their cargo tanks, thus this new
requirement will primarily provide PHMSA oversight by including it as a
condition to allow the use of a non-DOT specification cargo tank for
transportation of anhydrous ammonia. This proposed requirement ensures
that this additional safety measure will be implemented by both current
and new nurse tank manufacturers.
---------------------------------------------------------------------------
\41\ https://www.fmcsa.dot.gov/regulations/hazardous-materials/cargo-tank-safety.
\42\ The report is available at: https://rosap.ntl.bts.gov/view/dot/163.
\43\ https://data.ntsb.gov/carol-main-public/basic-search.
---------------------------------------------------------------------------
Paragraph (n)(1) details the required emergency discharge control
equipment for cargo tank motor vehicles in liquefied compressed gas
service. During FMCSA industry workshops, stakeholders have noted that
this table is confusing. Therefore, PHMSA proposes to reformat
information in the table in paragraph (n)(1) for ease of understanding.
This includes separating out current regulatory requirements unique to
certain scenarios and adding an additional column to specify
requirements when there are obstructed view deliveries under Sec.
177.840(p). PHMSA does not intend to make any substantive changes to
existing requirements in this table, however we are adding information
from Sec. 177.840(p) into the table to increase usability. PHMSA
invites comments on the usability of the reformatted table. We believe
reformatting the table will reduce confusion, which will lead to
increased compliance and therefore an improved level of safety.
Section 173.320
This section details exceptions for the transportation of cryogenic
liquids. Subject to certain requirements, paragraph (a) provides an
exception from the requirements of the HMR for atmospheric gases and
helium, cryogenic liquid in Dewar flasks, insulated cylinders,
insulated portable tanks, insulated cargo tanks, and insulated tank
cars, transported by motor vehicle or railcar. Paragraph (b) provides
an additional exception for certain atmospheric gases and helium. PHMSA
proposes to revise paragraph (a) for ease of understanding, with no
substantive impact to the current provisions of the paragraph. In
addition to editorial amendments, PHMSA proposes to revise the
packaging type of an insulated cargo tank to a ``cargo tank motor
vehicle,'' as this is more appropriate terminology describing the
completed transportation package. This amendment will increase the
clarity of the regulations, leading to greater compliance and
increasing safety.
Specifically, PHMSA proposes to remove the phrase ``atmospheric
gases and helium'' in paragraphs (a) and (b). Furthermore, PHMSA
proposes to consistently reference ``cryogenic liquids authorized to
use this section by Column 8(A) of the Sec. 172.101 Hazardous
Materials Table of this subchapter'' in both paragraphs (a) and (b).
This proposed change also makes the section more consistent with the
HMR, removing any ambiguity between whether a material is an
atmospheric gas and if it is afforded an exception in this section.
PHMSA intends that this proposed change be editorial and not make any
substantive revisions to the current regulatory requirements. This
increased clarity will lead to less confusion and thus, enhance safety.
The cryogenic liquids assigned ``320'' in Column 8(A) of the Sec.
172.101 Hazardous Materials Table are the same as the materials defined
as ``atmospheric gases'' in Sec. 171.8, except that ``320'' is also
assigned to two ``not otherwise specified'' (``n.o.s'') entries, UN3158
and UN3311. PHMSA seeks comment on this change, and whether there are
materials classified as ``UN3158 Gas, refrigerated liquid, n.o.s. 2.2''
or ``UN3311 Gas, refrigerated liquid, oxidizing, n.o.s. 2.2 (5.1)''
that are composed of a gas or gas mixture other than air, nitrogen,
oxygen, argon, krypton, neon, xenon, or helium.
Part 174
Section 174.9
Section 174.9 identifies inspection requirements for rail cars at
locations where a hazardous material is accepted for transportation or
placed in a train. Paragraph (a) includes specifics on carrier
inspection requirements. PHMSA proposes an editorial amendment in
paragraph (a) to indicate more clearly that the inspections performed
in Sec. 174.9 are in conjunction with those required in 49 CFR parts
215 and 232 for identification of defective freight car components and
brake systems, respectively. Currently, the text refers readers to
parts 215 and 232 ``of this title.'' PHMSA believes it will be clearer
to the reader if we replace ``this title'' with ``49 CFR'' parts 215
and 232.
Furthermore, the current language in Sec. 174.9 does not
specifically address situations where a train is seen departing a
location with readily apparent improper hazard communication, unapplied
closures, or leaking hazardous materials. In order to address this
situation, PHMSA proposes to add paragraph (e) to specify that in
[[Page 85617]]
the event of the observation of a train with readily apparent improper
hazard communication, unapplied closures, or leaking hazardous
materials, it will be presumed that the rail car was not inspected
properly by the carrier. During the June 8-9, 2016, HMIWG RSAC meeting,
PHMSA noted that hazard communication includes communication such as
placards, markings, and stenciling. The final recommended language was
approved by consensus vote at the May 25, 2017, RSAC meeting and
offered to PHMSA and FRA for consideration. PHMSA expects the addition
of paragraph (e) will increase compliance with the HMR's existing
closure securement and hazard communication requirements, and therefore
increase safety.
Section 174.14
Section 174.14 requires that hazardous material shipments be
expedited to within 48 hours upon acceptance at the originating
location, commonly known as the ``48-hour rule.'' The purpose of this
requirement is to ensure that rail cars carrying hazardous materials
are not held for long periods of time, hazardous material
transportation is moving forward continuously, and rail cars that are
being delayed are not being used for storage purposes. Currently, Sec.
174.14 does not allow any exceptions to the 48-hour rule when the
receiving facility is not capable of receiving the shipment. During the
August 27-28, 2013, FRA public meeting and the June 8-9, 2016, HMIWG
meeting, it was noted that FRA uses enforcement discretion with regard
to the 48-hour rule in certain cases, such as delays due to inadequate
space in a consignee facility or situations where the shipment contains
only the residue of a hazardous material, to avoid unnecessary
shuttling of hazmat cars to and from local railyards to comply with the
regulation.
In order to align the HMR with FRA's enforcement discretion
practices, PHMSA proposes new paragraphs (a)(1) through (3) to add
exceptions for specific scenarios when circumstances preclude delivery
to the consignee destination or when the shipment contains only the
residue of a hazardous material. In addition, PHMSA proposes to revise
paragraph (a) to add a recordkeeping requirement for the rail carrier
to document the reason for the delay. This record can be in a paper or
electronic form. PHMSA and FRA note that it is not the intention to
require a rail carrier to create a new recordkeeping system if one
meeting the proposed requirements is already in place. PHMSA and FRA
also propose an editorial revision to remove ``transfer stations'' from
paragraph (a), as this is an obsolete reference. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration. PHMSA expects
the formalization of existing FRA enforcement discretion related to the
48-hour rule will maintain the current level of safety of rail
transportation while affording rail carriers greater flexibility within
the scope of the expedited movement.
Note that in the revised language of Sec. 174.14 offered by the
RSAC to PHMSA and FRA for consideration, a fourth exception was
included that would have created an exception to the 48-hour rule for
shipments delivered to the final destination on a shipping paper. In
accordance with Sec. 171.1(c)(4)(i)(B), rail cars delivered to the
final destination marked on the shipping paper, but on track that is
not a ``private track or siding,'' are still in transportation. The
RSAC language offered to PHMSA and FRA for consideration in paragraph
(a)(4) would then except shipments delivered to non-private track from
expedited movement, and they could remain on the track, ``in
transportation,'' indefinitely. It was not FRA or PHMSA's intent to
authorize such activity in the HMR. Therefore, the RSAC-approved fourth
option (i.e., a paragraph (a)(4)) is not being proposed. Shipments of
hazardous material that have been delivered to their final destination
on a private track or siding are not ``in transportation,'' (see Sec.
171.1) and therefore are not subject to the 48-hour rule.
Section 174.16
Section 174.16 specifies requirements for delivery of certain
hazardous materials at agency stations. In current operations, rail
cars carrying hazardous materials covered under Sec. 174.16 no longer
deliver these types of materials to agency stations, which no longer
exist. As was noted by AAR at the August 27-28, 2013, FRA public
meeting, hazardous materials currently covered under Sec. 174.16 are
unloaded at the rail car facility where they are delivered. If the
hazardous material is not picked up by the consignee or the shipment is
rejected, the delivering carrier obtains disposition instructions from
the offeror of the shipment. To address the change in rail carrier
operations and in an effort to remove language that is no longer
applicable to current operations, PHMSA proposes to remove and reserve
this section. PHMSA notes that any additional transportation of these
materials must comply with all applicable regulations. The decision to
remove and reserve this section was approved by consensus vote at the
May 25, 2017 RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects that removing this obsolete provision will
increase the clarity of the HMR for carriers dealing with shipments
rejected or not picked up.
Section 174.20
Section 174.20 outlines the allowance for a rail carrier to impose
local or carrier restrictions for hazardous materials when acceptance,
transportation, or delivery is unusually hazardous. At the August 27-
28, 2013 FRA public meeting, AAR proposed that paragraph (a) be deleted
as it was redundant and covered in the language from paragraph (b).
However, following further review, AAR proposed at the June 8-9, 2016
RSAC meeting that the entire section be deleted as the requirements
should be left up to individual carriers, and that reporting to the
AAR's Bureau of Explosives is not necessary. PHMSA agrees and proposes
to remove and reserve the section in its entirety. The decision to
remove and reserve this section was approved by consensus vote at the
May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA expects removing this section will not adversely
impact safety because rail carriers will still be able to make a
determination that local conditions make the acceptance,
transportation, or delivery of hazardous materials unusually hazardous.
Section 174.24
This section details requirements for the acceptance of shipping
papers by a carrier and shipping paper retention requirements.
Paragraph (b) specifies that a shipping paper must be made available to
an authorized official of a Federal, State, or local government agency
at a reasonable time and location. However, there is no further
specificity on what is meant by a ``reasonable time.'' In an effort to
clarify the requirements, PHMSA proposes to revise paragraph (b) and
indicate that the shipping paper must be provided at reasonable times
and locations, ``but no later than the close of business the following
business day from the time of the request in non-emergency
circumstances.'' The proposed language still mandates that the
documentation be made available to inspectors at a ``reasonable time
and location,'' so when the information is readily available at the
time that an inspector requests it, PHMSA and FRA expect that
[[Page 85618]]
it shall be provided at that time, as it has been historically. For
non-emergency document requests that are for past shipments (e.g.,
shipments made weeks/months ago), or for all shipments made by a
particular shipper or in a particular car, the RSAC reached consensus
that a reasonable deadline would be close of business the following
business day.
During the May 5 and June 8-9, 2016, HMIWG meetings, there was in-
depth discussion to determine the most appropriate timeframe that a
carrier would be able to provide the shipping paper information in non-
emergency situations. One business day was proposed as an alternate to
a much shorter time, such as 30 minutes. One business day also
addresses the needs of railroads that only operate Monday through
Friday. As discussed, if a request for a shipping paper is made on
Friday afternoon, the carrier has until the close of business on Monday
to provide the shipping paper. PHMSA considers close of business to be
5:00 p.m. local time for the office of the authorized official of a
Federal, State or local government agency requesting the shipping
paper. PHMSA seeks public comment if this is a reasonable meaning of
``close of business.'' During HMIWG meetings, it was noted that this
allowance is the longest acceptable amount of time to provide a
shipping paper in a non-emergency situation, and the information might
be available much sooner. Furthermore, it was discussed that this
allowance is for non-emergency situations, where an emergency is
defined as an event when an emergency response telephone number, as
specified in Sec. 172.604, is contacted. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
Additionally, in the first sentence of paragraph (b), as approved
by RSAC and offered to PHMSA and FRA for consideration, it was proposed
to replace ``person'' with ``carrier.'' PHMSA and FRA expect that such
a revision could create unnecessary confusion in situations where a
third party has been contracted to take on carrier functions (e.g.,
maintaining shipping papers). Therefore, for clarity and to maintain
alignment with other modal shipping paper retention sections, PHMSA
will maintain the HMR's current applicability of the paragraph (b)
retention requirements to each ``person'' who receives a shipping paper
required by this section. PHMSA expects the proposed revision to Sec.
174.24 will improve safety oversight by allowing authorized
governmental representatives to access historical shipping paper
information in a timelier manner during inspections and investigations.
Please note that this standard for reasonable time and place--close
of business the following business day--is applicable specifically to
review of historic shipping paper information in non-emergency rail
transportation scenarios after transportation has ended. In particular,
provision of shipping papers during transportation (e.g., container
inspections in port areas) is one example of a scenario where the
following business day is generally too long a time period to meet the
needs of inspectors and prevent unnecessary delays. See ``Section IV.
Section-by-Section Review; Part 171; Section 171.22'' for further
discussion of shipping paper accessibility in port areas.
Section 174.50
Section 174.50 prescribes requirements for nonconforming or leaking
packages. This section specifies that non-bulk packages may not be
forwarded unless they are repaired, reconditioned, or overpacked in
appropriate salvage packaging. For bulk packages, an OTMA is required
to authorize movement for a non-conforming or leaking package, unless
movement is necessary to reduce or eliminate an immediate safety risk.
PHMSA proposes to revise Sec. 174.50 in order to identify more clearly
the applicability and the exceptions regarding obtaining an OTMA from
FRA.
To evaluate the proposed revisions to Sec. 174.50 and consider
harmonization and reciprocity with Transport Canada, HMIWG established
an OTMA Task Force that included FRA, PHMSA, RSI, AAR, CI, TFI, and the
American Petroleum Institute (API). In addition to evaluating Sec.
174.50, the OTMA Task Force worked to develop the Hazardous Material
Guidance (HMG) Document HMG-127 (Revision 5). Following multiple
meetings, the OTMA Task Force voted to accept HMG-127 and the proposed
language in Sec. 174.50. The proposed text of HMG-127 (Revision 5) is
included in the docket for review along with this NPRM.\44\ The
proposed regulatory text addresses administrative topics, while HMG-127
specifies further guidance on obtaining an OTMA. HMG-127 discusses how
to apply for an OTMA, categories and conditions for choosing the
correct category of an OTMA, when a root cause analysis is required as
a condition of an OTMA, and what information should be included in a
root cause analysis. Note, however, that HMIWG did not reach consensus
on proposed text in Sec. 174.50(d)(2)(v) when it was put forward to a
vote. Recommended language for this section was approved by consensus
vote at the May 25, 2017, RSAC meeting and offered to PHMSA and FRA for
consideration. PHMSA proposes the following revisions to Sec. 174.50:
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\44\ See HMG-127: https://www.regulations.gov/document/PHMSA-2018-0080-0001.
---------------------------------------------------------------------------
Discuss in paragraph (a) the general requirements for non-
conforming and leaking packages, including non-bulk packages;
List scenarios in paragraph (b) where an OTMA issued by
the Associate Administrator for Safety, FRA is not required to move a
non-conforming or leaking bulk package;
Discuss in paragraph (c) the approval process for an OTMA;
List in paragraph (d) the marking, notification,
recordkeeping, routing, and root cause analysis requirements for OTMA
grantees; and
Clarify in paragraph (e) the responsibility for compliance
with OTMA requirements and consequences for non-compliance.
The exceptions proposed in paragraph (b)(2) and (3) codify long-
standing FRA policy. Non-compliant rail cars that are clean and contain
no hazardous materials residue, addressed in paragraph (b)(2), do not
pose a risk of hazardous materials release. The intent of the proposed
exception in paragraph (b)(2) is to expedite the movement of these cars
to a facility at which repairs can be conducted. These are typically
DOT-111 tank cars that are not carrying hazmat and have been cleaned.
Currently, FRA receives approximately 730 OTMAs per year for clean
cars. The exception proposed in paragraph (b)(3) for rail cars
discovered to be overloaded by a minor amount is intended to address
known weigh-in-motion and static scale error tolerances, and
additionally align with Transport Canada standards. The exceptions
proposed in paragraphs (b)(1), for movement necessary to reduce or
eliminate an immediate threat of harm to human health or the
environment, and (b)(4), for rail cars moving in accordance with a
Transport Canada temporary certificate, exist in the currently
effective 174.50, and we propose to move them to paragraphs (b)(1) and
(b)(4), respectively, for clarity.
Additionally, throughout Sec. 174.50, PHMSA proposes to replace
the acronym ``OTMA'' with ``One-Time Movement Approval'' to increase
clarity for readers of the HMR who are not
[[Page 85619]]
familiar with the OTMA process. In Sec. 174.50(d)(1), PHMSA proposes
editorial edits to the language approved by RSAC and offered to PHMSA
and FRA for consideration to increase the clarity of the marking
requirement for non-conforming rail cars. Specifically, based on
consultation with FRA, PHMSA proposes to add the following marking into
the HMR; this marking is currently a requirement in each OTMA issued by
FRA (except those overloaded by weight).
------------------------------------------------------------------------
-------------------------------------------------------------------------
HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
------------------------------------------------------------------------
In Sec. 174.50(d)(2)(ii), PHMSA proposes editorial edits to the
language approved by RSAC and offered to PHMSA and FRA for
consideration. This proposed language shortens the sentences and
clarifies the notification requirements, specifically that the approval
grantee must ensure the consignee or final destination facility has
been notified and will accept the non-conforming tank car. This ensures
that the tank car is only consigned to a location capable of accepting
the car, and unloading the product, if necessary. If the maintenance
activities are to be conducted by a mobile unit, they must occur at the
maintenance destination indicated in the application.
In Sec. 174.50(d)(4), PHMSA proposes editorial revisions to the
language approved by RSAC and offered to PHMSA and FRA for
consideration. These proposed edits include clarifying instructions on
routing rail cars moving under OTMAs, specifically that the OTMA
grantee and railroad(s) involved in the movement must select the most
appropriate route to the nearest cleaning and/or repair facility
capable of performing the required cleaning and/or repairs. This aligns
with an existing requirement in OTMAs issued by FRA.
Lastly, final rule HM-215O \45\ harmonized the HMR with
international standards and codified recognition of Temporary
Certificates issued by Transport Canada for cross-border movements of
non-conforming tank cars to or from Canada. To ensure this allowance
remains, PHMSA proposes to specify the authorization for the use of
Temporary Certificates in lieu of OTMAs for cross-border movements to
or from Canada in Sec. 174.50(b)(4).
---------------------------------------------------------------------------
\45\ 85 FR 27810 (Mar. 11, 2020).
---------------------------------------------------------------------------
PHMSA expects the revisions proposed to Sec. 174.50 to formalize
and clarify the OTMA process will increase efficiency for rail car
owners and railroads, as well as FRA staff processing OTMA requests.
PHMSA also expects that over time, lessons learned from the root cause
analysis that FRA is authorized to require in OTMAs will reduce the
number of non-accidental releases, creating safety and environmental
benefits.
Section 174.58
PHMSA proposes to add Sec. 174.58 to detail what ``extent
practicable'' means for rail transportation with respect to the Sec.
171.8 definition of residue. This language was originally proposed as a
change to the definition of residue in Sec. 171.8, as part of the
recommend language developed by RSAC Task 13-02, approved by consensus
vote at the May 25, 2017, RSAC meeting, and offered to PHMSA and FRA
for consideration. However, PHMSA proposes to relocate the RSAC-
approved language from the definition of residue in Sec. 171.8 to
Sec. 174.58. If RSAC's proposed revision is made in Sec. 171.8, the
changes made to the definition of residue would have broader
implications than the intent of clarifying its meaning for purposes of
rail transportation of hazardous material. The intent of the proposed
change remains the same as the RSAC proposal; to clarify that ``extent
practicable'' means the material that remains in a bulk package after
it has been unloaded using properly functioning service equipment and
plant process equipment. Because part 174 is related to rail
transportation operations, PHMSA proposes that this regulatory language
more appropriately fits in new section Sec. 174.58, instead of as part
of the definition of residue in Sec. 171.8 which has broader
applicability. Note that in accordance with the Sec. 171.8 definition
of residue, a tank car must be unloaded to the maximum ``extent
practicable'' in order to be transported with the residue description.
PHMSA welcomes comment on the proposed implementation of this language.
PHMSA expects this proposed revision will provide further clarity on
what is considered residue for rail shipment of hazardous material and
increase safety by ensuring bulk packages that actually qualify for
``residue'' status are shipped with that description.
Section 174.59
Section 174.59 details the requirements for marking and placarding
rail cars carrying hazardous materials. PHMSA proposes to revise the
requirements for replacing lost placards and to provide context to the
``next inspection point.'' Specifically, PHMSA proposes the ``next
inspection point'' be revised to the ``nearest inspection point'' and
clarify that this point is ``in the direction of travel'' and ``where
mechanical personnel responsible for inspections related to 49 CFR
parts 215 and 232 are on duty.'' As discussed during the May 5 and June
8-9, 2016, HMIWG meetings, the intention of this provision is that lost
placards are replaced as best and as soon as they can at a location
where personnel are present and capable of performing inspections.
During HMIWG meetings, it was also suggested that Sec. 174.59 reflect
similar language from 49 CFR parts 215 and 232, specifically that
placards are to be ``replaced at the next inspection point,
interchange, or rail yard in the same direction as the train
movement.''
The proposed revision to Sec. 174.59 aligns with 49 CFR parts 215
and 232, by clarifying the ``nearest inspection point,'' where the
placards can be replaced is in the direction of train movement. The
final recommended language was approved by consensus vote at the May
25, 2017, RSAC meeting and offered to PHMSA and FRA for consideration.
PHMSA expects this proposed revision will improve safety by clarifying
the intent of the provision and ensuring the missing hazard
communication placards are replaced as soon as possible.
Additionally, the recommended RSAC language for Sec. 174.59
removes reference to ``car certificates.'' PHMSA and FRA seek comment
on the removal of the reference to ``car certificates'' in Sec.
174.59.
Section 174.63
This section outlines handling and loading requirements for
portable tanks, intermodal (IM) portable tanks, intermediate bulk
containers (IBCs), large packagings, cargo tanks, and multi-unit tank
car tanks transported by rail. PHMSA proposes to make editorial
revisions to the title of Sec. 174.63 to specify the section applies
to rail transport in COFC or TOFC service.
Additionally, paragraph (b) specifies requirements applicable to
transport of a bulk packaging inside a fully closed transport vehicle
or fully closed freight container. PHMSA proposes to clarify the
current reference to IM 101 and IM 102 as types of portable tanks. This
proposed change is editorial in nature and does not impose any new
requirements.
Paragraph (c) provides instruction, specifically, six conditions,
for an alternate method of transportation to paragraph (b) for bulk
packaging using COFC or TOFC service. PHMSA
[[Page 85620]]
proposes to revise the condition in paragraph (c)(1), which outlines
authorized packaging sections, by adding packagings authorized in Sec.
173.247 for elevated temperature materials to the list of packaging
sections, as well as Division 2.2 materials not specifically listed in
the Sec. 173.315(a)(2) table that are packaged as authorized in the
table and Sec. 173.315 conditions. This proposed amendment will
authorize these packagings to be transported without requiring approval
from FRA. PHMSA expects that adding existing safe, authorized
packagings for elevated temperature materials and non-flammable gases
to the COFC or TOFC authorization will not compromise safety and will
increase flexibility for shippers of these materials.
PHMSA also proposes to amend paragraph (c)(2) to indicate that a
rail car transporting a bulk package in COFC or TOFC service must
comply with applicable regulatory requirements for the type of rail car
being used. The current requirement instructs the shipper that the
``tank'' and flatcar used must comply with applicable requirements of
the HMR concerning its specification, but use of the term ``tank''
obscures the intended general reference to bulk packagings in Sec.
174.63, and the HMR contains no specifications for flatcars. The
proposed amendments will instead refer generally to bulk packagings
that must adhere to applicable specifications and to flatcars that must
comply with applicable rail car regulatory requirements. This amendment
will provide greater clarity, which will enhance the safety of
transporting these bulk packagings by rail. The final recommended
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
Section 174.67
Section 174.67 outlines the requirements for transloading of tank
cars. HMIWG reviewed this section to update, clarify, and remove
regulations where appropriate. The recommended language was approved by
consensus vote during the May 25, 2017, RSAC meeting and submitted to
PHMSA and FRA for consideration. However, since the 2017 submission of
the recommended language and following an in-depth review by PHMSA and
FRA, in this NPRM we propose additional changes to the recommended
language. These changes are not intended to revise the intent of HMIWG,
but to ensure that the section is easier to read and consistent with
the rest of the HMR--such as removing and reserving certain paragraphs
instead of redesignating them--and to promote clear understanding of
the requirements for safe transloading.
PHMSA proposes to modify the title of the section from
``unloading'' to ``transloading''--as approved by HMIWG--because this
more accurately reflects the operations covered by this section.
Transloading is a subset of loading or unloading that includes both
loading tank cars from, and unloading tank cars into, another packaging
for continued movement in transportation.
As approved by HMIWG, PHMSA proposes to remove the introductory
sentence of this section because it is unnecessary and inconsistent
with other sections in the HMR. The sentence merely states, ``for
transloading operations, the following rules must be observed.'' With
the proposed retitling of the section, it is now unnecessary.
Paragraph (a)(1) specifies requirements for hazmat employees
performing unloading operations. PHMSA proposes minor revisions to
paragraph (a)(1) to clarify that this section applies specifically to
transloading, as opposed to all unloading operations, as approved by
HMIWG. PHMSA notes here that tank car loading and unloading is covered
in Sec. 173.31 (Use of Tank Cars) and, as such, proposes to add
reference to Sec. 173.31(d) (examination before shipping) and (g)
(tank car loading and unloading) to increase awareness of relevant
requirements for tank car loading and unloading.
Paragraph (a)(2) specifies requirements for securing a tank car
against motion. PHMSA proposes to revise paragraph (a)(2) by removing
the current language and replacing it with a reference to Sec.
173.31(g), as the language currently in paragraph (a)(2) is
unnecessarily duplicative of the requirements in Sec. 173.31(g).
Paragraphs (a)(3) and (4) specify securement of access to the track
and required warning signage, respectively. As recommended by HMIWG,
PHMSA proposes to remove and reserve paragraphs (a)(3) and (4) because
the track securement language would now become unnecessarily
duplicative of the proposed track securement language in Sec.
173.31(g) (see discussion of proposed amendments to Sec. 173.31(g)).
Paragraph (a)(5) specifies the written safety procedures that must
be maintained and available for transloading operations, including
measures to account for the physical and chemical properties of the
lading being transloaded. In paragraph (a)(5), PHMSA proposes to
include a statement that the procedures must include measures to
address the safe handling and operation of the tank car and tank car
service equipment, as well as account for physical and chemical
properties of the lading being transloaded. HMIWG determined that many
of the prescriptive elements of this section may be outdated or
inconsistent with current industry best practices for certain
materials, operations, and modern tank car designs. Thus, many of the
prescriptive elements of Sec. 174.67 in the currently effective
paragraphs (b)-(g), (n), and (o) were removed and it was the intent of
HMIWG that these prescriptive elements would be substituted with new
performance-based language proposed in paragraph (a)(5). However, upon
further review of the language approved by the RSAC, PHMSA proposes a
modification to the recommended language of (a)(5) to clarify our
expectations on what the transloading procedures must cover. PHMSA and
FRA reviewed the prescriptive instructions proposed for removal from
paragraphs (b)-(g), (n) and (o), and used the subjects addressed by the
instructions to generate a list of procedures the proposed paragraph
(a)(5) instructions must address. PHMSA expects that the transloading
procedures required by paragraph (a)(5) must address, at a minimum, the
following:
Temperature monitoring and pressure relief;
Safe operation of the tank car for product loading or
unloading;
Proper disposal of used seals and other debris;
Measures to avoid spillage of contents outside the tank;
Operation of tank car service equipment;
Proper removal of product plugs that prevent adequate
operation of the service equipment; and
Proper tool maintenance measures including the types of
tools to use, calibration, cleanliness, and instructions on tool use.
To clarify our intent, PHMSA proposes to add this list of minimum
elements to the transloading procedure requirement in paragraph (a)(5).
Additionally, PHMSA notes that the current language of paragraph (a)(5)
does not include a specific instruction that transloading facilities
must follow their written procedures. The removal of the prescriptive
instructions in this section increases the importance of the written
procedures for safe transloading operations; therefore, we propose to
add the phase ``and adhere to'' to the requirement to maintain written
transloading procedures in order to
[[Page 85621]]
ensure that these procedures are actually implemented.
As agreed to by HMIWG, PHMSA proposes to remove and reserve
paragraph (a)(6), which currently specifies requirements to relieve
pressure in the tank car before removing a manhole cover or outlet
valve cap from the tank car. As noted by HMIWG, the current requirement
is too prescriptive, outdated, and not necessarily consistent with
current industry best practices. Furthermore, procedures to monitor the
temperature and to relieve pressure should be part of the overall
safety procedures and measures referenced in the proposed performance-
based requirement of new paragraph (a)(5); therefore, we are removing
the duplicative measures in current paragraph (a)(6) and reserving the
paragraph.
The RSAC-approved regulatory text for Sec. 174.67 proposed to
remove the existing requirements in currently effective paragraphs (b)
through (g), to re-designate the requirements in paragraphs (h) through
(l) into these newly removed paragraphs, and also to update the
requirements in (h) through (l) to address changes in tank car design
and operation. However, since the 2017 submission of the recommended
actions and following an in-depth review by PHMSA and FRA, we have
determined that redesignating the existing requirements would result in
confusion; therefore, in this NPRM we propose to remove and reserve
paragraphs (b) through (g), and to make the RSAC-approved revisions to
the section while maintaining the existing paragraph structure. For
example, rather than proposing to revise the requirements for securing
unloading connections that are currently found in paragraph (h) and
moving the requirements to paragraph (b), we propose to revise the
requirements in paragraph (h) and leave it in its current location in
the section. Otherwise, a current reference citation to paragraph (h)
in another section of the HMR or existing guidance documents would no
longer make sense. Below we discuss the revisions to each of the
remaining paragraphs of Sec. 174.67.
PHMSA proposes to remove and reserve paragraph (b), which includes
prescriptive language on the operation of various types of manway
designs. The current language has become outdated and does not
encompass modern-day manway cover designs or industry best practices.
Procedures for safely operating various types of manway designs must be
included in the safety procedures required by proposed paragraph (a)(5)
of this section, and should be consistent with the design, OEM
recommendations, and industry best practices. Structurally, HMIWG voted
to replace this paragraph with the requirements currently proposed in
paragraph (h) instead of removing and reserving paragraph (b). For ease
of understanding and to ensure no other regulatory citations or
guidance documents need to be updated, PHMSA instead proposes to remove
and reserve paragraph (b).
Paragraph (c) contains prescriptive procedures for operation of
manhole covers during unloading through the bottom outlet valve. The
current language has become outdated and does not encompass modern day
manway cover designs or industry best practices. The transloading
operator's procedure for safely operating the tank car for product
unloading must be adequately addressed by the safety procedures
required by proposed paragraph (a)(5) of this section. Structurally,
HMIWG voted to remove this paragraph and replace it with the
requirements currently proposed in paragraph (j) rather than removing
and reserving paragraph (c). However, for readability and so no other
regulatory citations or guidance documents need to be updated, PHMSA
proposes to remove and reserve this paragraph instead.
Paragraph (d) contains prescriptive safety procedures for unloading
of product from a tank car. Paragraph (d) may not be applicable to
certain types of transloading operations and may no longer be
consistent with current industry best practices. As such, PHMSA
proposes to remove and reserve the requirements. These procedures
should be adequately covered by the safety procedures developed and
updated by the transloading operator to comply with proposed paragraph
(a)(5) of this section. Structurally, HMIWG proposed to remove this
paragraph and replace it with the requirements currently proposed in
paragraph (k) instead of removing and reserving paragraph (d). However,
for readability and so no other regulatory citations or guidance
documents need to be updated, PHMSA proposes to remove and reserve this
paragraph instead.
Paragraph (e) currently states that seals or other substances shall
not be thrown into the tank, and the contents of the tank may not be
spilled over the car or tank. HMIWG determined the requirement in this
paragraph was unnecessarily prescriptive, as the procedures for
properly removing and disposing of seals and other substances must be
included in the safety procedures required by proposed (a)(5) of this
section. Furthermore, the HMR already prohibits residual hazardous
material on the outside of the packaging. Structurally, HMIWG proposed
to remove this paragraph and replace it with the requirements currently
proposed in paragraph (l) instead of removing and reserving paragraph
(e). However, to ensure ease of understanding and so no other
regulatory citations or guidance documents need to be updated, PHMSA
proposes to remove and reserve this paragraph instead.
Paragraph (f) currently contains prescriptive safety procedures for
operating a top-operated bottom outlet valve. HMIWG determined that
these prescriptive safety procedures for valve operation are outdated
and do not reflect current bottom outlet designs. The requirements for
bottom outlet valve operation must be part of the safety procedures as
required by proposed paragraph (a)(5) of this section. Structurally,
HMIWG agreed to remove this paragraph and replace it with the
requirements currently proposed in paragraph (m) instead of removing
and reserving paragraph (f). However, to ensure ease of understanding
and so no other regulatory citations or guidance documents need to be
updated, PHMSA proposes to remove and reserve this paragraph instead.
Paragraph (g) currently contains prescriptive procedural
requirements for operation of equipment to remove product plugs that
prevent adequate operation of the valves and equipment. In 2017, HMIWG
agreed to remove and reserve this paragraph. For some operations, the
current procedures of paragraph (g) may be outdated or inconsistent
with current industry best practices. Instead, PHMSA and FRA have
determined such prescriptive procedures must be included and updated in
the safety procedures required by proposed paragraph (a)(5) of this
section. As such, PHMSA proposes to remove and reserve this paragraph
(g).
Paragraph (h) currently details securement requirements for
connections used for the transfer of hazmat into--or out of--a tank
car. PHMSA proposes to amend paragraph (h) by removing the word
``unloading'' from it, as agreed to by HMIWG. However, as previously
mentioned, instead of moving this paragraph to replace paragraph (b)--
as agreed to by HMIWG--PHMSA proposes to make this change without
moving the paragraph. Finally, the language is further modified for
clarity by removing the reference to ``pipes on the dome'' since
connections could include more
[[Page 85622]]
than just pipes (e.g., valves, hoses, or reducers).
Currently, paragraph (i) provides requirements for the facility
operator during unloading, paragraph (j) includes certain exceptions
for attendance, and paragraph (k) specifies requirements when an
unloader is absent. In this NPRM, PHMSA proposes minor revisions to
paragraphs (i)(2)(i), (j)(2), (k) introductory text, (k)(4), and
(k)(5). These minor edits align these paragraphs with the rest of the
proposed amendments in Sec. 174.67 and were agreed to by HMIWG.
Paragraph (l) currently prescribes the actions that must be taken
as soon as a tank car is completely unloaded. As agreed to by the
HMWIG, PHMSA proposes to remove the closure securement language and
replace it with a reference to pre-transportation closure securement
regulations in Sec. 173.31. This is being proposed because we believe
this securement of closures and removal of unloading connections
language is unnecessary and redundant of existing requirements in Sec.
173.31(d) associated with pre-trip examination of the tank car.
Paragraph (n) currently contains prescriptive environmental
remediation procedures when oil or gas has been spilled. As agreed to
by HMIWG, PHMSA proposes to remove and reserve paragraph (n) because
specific instruction on the environmental remediation or cleanup of a
hazmat spill is outside the scope of the HMR. However, such procedures
may be included as part of the facility's safety procedures in order to
meet other applicable federal, state, or local requirements.
Paragraph (o) currently includes language requiring tools to be
kept clean. As recommended by HMIWG, PHMSA proposes to remove and
reserve paragraph (o). Tool maintenance measures including the types of
tools to use, calibration, cleanliness, and instructions on use must be
included in the safety procedures required by proposed paragraph (a)(5)
of this section. Therefore, we are removing the redundant language
covered by this paragraph and reserving it.
Overall, PHMSA expects that the proposed revisions to Sec. 174.67
will maintain safety by allowing transloading to be conducted in
accordance with written safety procedures and industry best practices
developed specifically for the tank car designs involved and materials
being transferred, instead of prescriptive standards.
Section 174.81
Section 174.81 specifies segregation requirements for the
transportation of hazardous materials by rail. Paragraph (g) specifies
the instructions for the Class 1 (explosive) segregation table in
paragraph (f). In review of these requirements, PHMSA notes that
paragraph (g)(3)(iv) has outdated terminology. Currently, the paragraph
specifies requirements and limitations for detonators and detonating
primers. However, the term ``detonating primers'' is no longer used in
the HMR. Final rule HM-189M \46\ corrected editorial errors, made minor
regulatory changes, and improved the clarity of certain provisions to
the HMR. One of these revisions was updating the wording ``detonating
primers'' to the more accurate terminology of ``detonating assemblies
and boosters with detonators.'' However, PHMSA identified this
editorial correction was not made in Sec. 174.81(g)(3)(iv). Therefore,
PHMSA proposes to revise the terminology of ``detonating primers'' to
``detonating assemblies and boosters with detonators.'' In review of
Sec. 174.81(g)(3)(iv), PHMSA also determined the phrase ``Division
1.4S explosives'' created unnecessary confusion in the applicability of
Note 4. Detonators, detonating assemblies, and boosters with
detonators, whether Division 1.1, 1.2, or 1.4, may not be transported
in the same rail car with Division 1.1 and 1.2 material (except other
detonators, detonating assemblies, and boosters with detonators). These
requirements align with current standards for highway and vessel
explosive segregation. PHMSA expects these editorial clarifications
will improve clarity of the HMR while not creating any additional
burdens for rail transportation of explosives.
---------------------------------------------------------------------------
\46\ 61 FR 51334 (Oct. 1, 1996).
---------------------------------------------------------------------------
Part 176
Section 176.2
Section 176.2 defines terms for the purposes of part 176. In
conjunction with the USCG, PHMSA proposes an editorial revision to the
definition of Commandant (CG-522), USCG to reflect organizational
updates within the USCG. The proposed revisions include replacing the
acronym ``CG-522'' with the current acronym ``CG-ENG,'' which stands
for United States Coast Guard Office of Design and Engineering
Standards; replacing the ``Office of Operating and Environmental
Standards'' with the current name ``Office of Design and Engineering
Standards''; and replacing the outdated postal code ``20593-0001'' with
the current postal code of ``20593-7509.''
Section 176.84
Section 176.84 describes the requirements to store, handle, and
segregate hazardous materials for cargo and passenger vessels, with
paragraph (a) specifying the meaning of the Column 10B of the Sec.
172.101 HMT stowage codes (e.g., ``stow away from hydrazine''). Limited
quantities are not subject to the stowage code provisions found in
Column 10B of the HMT (see Sec. 172.101(k)), however Sec. 176.84(a)
does not restate that limited quantities are not subject to the stowage
code provisions assigned by Column 10B of the HMT.
The International Vessel Operators Dangerous Goods Association
(IVODGA) submitted a comment \47\ to the 2017 Regulatory Reform Notice,
stating that placing the limited quantity stowage code exception only
in Sec. 172.101(k) created confusion for shippers and vessel
operators. IVODGA requested that PHMSA revise Sec. 176.84 editorially
to reiterate that limited quantities are not subject to the stowage
codes assigned by Column 10B of the Sec. 172.101 HMT. PHMSA and the
USCG agree that Sec. 176.84 should be revised editorially to reiterate
the limited quantity exception to reduce confusion. Therefore, PHMSA
proposes to revise Sec. 176.84(a) editorially by duplicating the
limited quantity exception language from Sec. 172.101(k). PHMSA
expects this revision will increase safety and efficiency by reducing
confusion for shippers and carriers of limited quantity materials.
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\47\ See IVODGA OST Regulatory Reform comment: https://www.regulations.gov/document?D=DOT-OST-2017-0069-2399.
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Section 176.340
Section 176.340 describes requirements for the vessel
transportation of combustible liquids in portable tanks. Paragraph (c)
specifies portable tanks approved by the Commandant (CG-MSO), USCG are
authorized for the transportation of combustible liquids by vessel.
PHMSA proposes an editorial revision, to replace the acronym ``CG-MSO''
with that office's current acronym ``CG-ENG.'' This revision will
provide clarity and reduce confusion by aligning the HMR with USCG's
current office structure.
Section 176.905
Section 176.905 describes the requirements for transporting
vehicles powered by an internal combustion
[[Page 85623]]
engine, fuel cell, batteries, or a combination of these fuel sources by
vessel. Paragraph (i) specifies when a vehicle complies with the
requirements of the paragraph, it is not subject to the HMR. PHMSA
proposes to add paragraph (i)(7) to provide an exception from the
requirements of the HMR for vehicles stored incidental to movement on
shore prior to or after vessel transportation. This exception is
intended to mirror the HMR's broad exception for vehicles transported
by highway or rail in accordance with Sec. 173.220(h)(1). PHMSA
expects this will have no impact on the safe transportation of vehicles
while providing regulatory relief for vessel transporters.
Part 177
Section 177.801
Section 177.801 specifies that a forbidden material, or hazardous
material not prepared in accordance with the HMR, is not authorized for
transportation by motor vehicle. PHMSA proposes to expand the section
to include additional scenarios that are unacceptable for
transportation. These are proposed for ease of regulatory understanding
and clarity and are not new restrictions. To accomplish this, the first
half of the introductory paragraph is proposed as a new paragraph (a).
Additionally, the second half of the introductory paragraph is moved to
a new paragraph (b) and revised to specify that a hazardous material
not classified, packaged, marked, labeled, or placarded in accordance
with the requirements of the HMR or by special permit may not be
accepted for transportation or transported. These additional examples
will provide greater clarity of what materials are not acceptable for
transportation under the HMR and will increase safety.
Section 177.804
This section requires motor vehicle carriers of hazardous materials
comply with the FMCSR and paragraph (a) specifies motor carriers and
other persons subject to part 177 must also comply with specific
provisions of the FMCSR. PHMSA has been made aware there is potential
confusion in a scenario where a vehicle is subject to the HMR, but the
vehicle is not of sufficient size to be subject to the FMCSR.
Therefore, to provide regulatory clarity without reducing safety, PHMSA
proposes to amend paragraph (a) to specify compliance with the FMCSR is
only applicable to vehicles that are subject to the FMCSR.
Section 177.816
Section 177.816 specifies the requirements for highway
transportation driver training. Currently, paragraph (c) specifies that
Sec. Sec. 177.816(a) and (b) training requirements may be satisfied
with a tank vehicle or hazardous materials endorsement. In
collaboration with FMCSA, PHMSA has become aware that cargo tank motor
carriers are relying solely on the tank endorsement or hazardous
materials endorsement provision in paragraph (c) to meet the training
requirements related to cargo tank driving functions. FMCSA advises
that most states have a six- or seven-year expiration on Commercial
Driver's Licenses (CDLs), far beyond the three-year refresher training
required by Sec. Sec. 172.704 and 177.816(d). While paragraph (c)
allows for the tank endorsement or hazardous materials endorsement to
meet training requirements, the HMR does not allow the period of
renewal of a tank vehicle or hazardous materials endorsement to
supersede the three-year HMR requirement. Therefore, to assist in
understanding of the current regulatory requirements and increase
compliance, PHMSA proposes to add qualifying language to paragraph (c)
to specify that the tank vehicle or hazardous materials endorsement may
be used in place of the training requirements if it appropriately
covers the requirements in paragraph (a) and (b). Furthermore, PHMSA
proposes to add language to paragraph (d) stating that the training
frequency must meet the requirements of Sec. 172.704(c), which is
required at minimum every three years. This clarification will enhance
safety by ensuring everyone understands and abides by the current
requirement that periods between training cannot exceed three years and
will help ensure all operators are aware of the most current issues and
response plans.
Section 177.835
Section 177.835 specifies additional requirements for the
transportation of Class 1 hazardous materials by motor vehicle.
Paragraph (d) provides conditions and requirements for Class 1
materials to be transported in multipurpose bulk trucks (MBTs). PHMSA
proposes to revise paragraph (d) to specify an MBT may not be
transported with a cargo tank that is required to be marked or
placarded. Final rule HM-233D \48\ established standards for the safe
transportation of certain bulk explosives. In HM-233D, PHMSA added
paragraph (d) to allow Class 1 (explosive) materials to be transported
with Division 5.1 (oxidizing), Class 8 (corrosive), and/or combustible
liquids in MBTs under conditions set forth in IME Standard 23 and Sec.
177.835(g). This regulatory allowance was based on the adoption of DOT-
SP 11579. Following publication of this final rule, FMCSA noted that
certain private motor carriers are transporting explosive materials for
mining and quarrying in MBTs along with a secondary cargo tank motor
vehicle transporting Division 1.5 hazardous materials (sometimes
referred to as a ``pup'' cargo tank motor vehicle). However, it was not
PHMSA's intention to authorize this configuration in HM-233D, as it was
not authorized in DOT-SP 11579. As this is not indicated clearly in
Sec. 177.835(d), PHMSA proposes to specify an MBT may not be
transported with any cargo tank that is required to be marked or
placarded under Sec. 177.823. PHMSA expects this proposed language to
increase safety and eliminate the inconsistency between DOT-SP 11579
and the current regulatory requirements. In addition, this proposal is
consistent with the existing prohibition in Sec. 177.835(c)(3) that
specifies Division 1.1 or 1.2 (explosive) materials may not be loaded
or carried on a combination of vehicles when any vehicle in the
combination is a cargo tank that is required to be marked or placarded
under Sec. 177.823.
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\48\ 80 FR 79423 (Dec. 21, 2015).
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Section 177.837
Section 177.837 specifies the requirements for the transportation
of Class 3 (flammable liquids) hazardous materials by motor vehicle.
Paragraph (c) specifies bonding and grounding requirements before and
during transfer of lading to or from a cargo tank. This requirement
only applies to flammable liquids; the HMR do not currently require
cargo tanks that are transferring combustible liquids to be bonded and
grounded in accordance with the requirements of this section. However,
combustible liquids and flammable liquids that have been reclassified
as combustible liquids exhibit characteristics similar to materials
classed as flammable liquids, particularly regarding vapors. Both
combustible liquids and flammable liquids that have been reclassified
as combustible liquids also have the potential for initiation by the
static charge produced by product flow through a piping system on a
cargo tank motor vehicle that is not bonded and grounded.
PHMSA identified four recent incidents involving combustible
liquids that may have been minimized by the
[[Page 85624]]
proposed bonding and grounding requirement prior to loading or
unloading. Below are summaries of these incidents, which highlight the
potential severity of incidents, resulting total damages, and release
of hazardous materials:
August 5, 2015: A cargo tank was loading diesel fuel at a
fuel station when a fire ignited under the hood of the vehicle,
resulting in $349,130 in total damages. 4,500 gallons of diesel fuel
was released.
August 4, 2016: An explosion occurred at a shipper's
loading facility while diesel fuel was being loaded into a cargo tank
motor vehicle. Total damage costs amounted to almost $2 million and a
release of 2,500 gallons.
January 31, 2018: While a cargo tank motor vehicle was
being loaded, Fuel Oil (No. 1, 2, 4, 5, or 6) was released, followed by
an explosion and fire. The total damages were $1.3 million and 2,534
gallons were released.
June 3, 2019: An explosion occurred while aviation fuel
was being loaded into a cargo tank motor vehicle, resulting in a
release of 3,104 gallons of hazardous material and approximately $7.3
million in total damages. In addition, this incident resulted in one
major injury and three minor injuries.
Based on these incidents and to ensure the safe transportation of
these materials, PHMSA proposes to revise paragraph (c) to specify that
a flammable liquid, a combustible liquid, or a flammable liquid
reclassified as combustible liquid is subject to the bonding and
grounding requirements of Sec. 177.837.
Section 177.840
This section details additional requirements for Class 2 (gases)
hazardous materials transported by highway. Paragraph (n) states that
in the event of an unintentional release of liquefied compressed gas to
the environment, the internal self-closing stop valve or other primary
means of closure must be shut. Paragraph (r)(2) requires the qualified
person monitoring the unloading of a cargo tank motor vehicle
containing liquefied compressed gas using a facility-provided hose be
within arm's reach of the mechanical means of closure for the internal
self-closing stop valve. Lastly, paragraph (t) requires the qualified
person monitoring the unloading of a cargo tank motor vehicle
containing liquefied compressed gas and being unloaded without
emergency discharge equipment be within arm's reach of the mechanical
means of closure for the internal self-closing stop valve. All three of
these paragraphs only reference internal self-closing stop valves and
do not include a reference to external self-closing stop valves.
However, there are cargo tank motor vehicles that transport liquefied
compressed gas that have external self-closing stop valves. In total,
FMCSA estimates that there are approximately 122,014 cargo tank motor
vehicles that transport Division 2.2 (non-poisonous nonflammable gas)
hazardous materials, which includes liquefied compressed gases, that
have internal and/or external self-closing stop valves. Given the high
number of cargo tank motor vehicles that may utilize external self-
closing stop valves, primarily in cryogenic service, it is important to
ensure that requirements for access to the means of closure for
internal self-closing stop valves also apply to external self-closing
stop valves. Therefore, PHMSA is adding clarifying language that these
access requirements apply to both internal and external means of
closure. PHMSA expects these additional provisions will continue to
ensure the safe transportation of cargo tank motor vehicles and
proposes to revise these paragraphs to require external self-closing
stop valves to comply with the same requirements as internal self-
closing stop valves. In review of historical rulemaking language, PHMSA
does not expect it was the explicit intent to exclude external self-
closing stop valves from these requirements.
Lastly, in paragraph (t), PHMSA proposes to remove the reference to
December 31, 1999, as it is obsolete, and all chlorine cargo tank motor
vehicles are now subject to the additional unloading requirements
specified in this paragraph. This editorial revision increases
regulatory clarity without diminishing safety.
Section 177.841
This section provides additional requirements when transporting
Division 6.1 and Division 2.3 hazardous materials via motor vehicle.
Paragraph (e)(1) specifies when a package bears a POISON or POISON
INHALATION HAZARD label or placard, it may not be transported in the
same motor vehicle with foodstuffs, feed, or edible material intended
for consumption by humans or animals unless the poisonous material is
packaged in a specific way. In the interest of safety, PHMSA proposes
to revise paragraph (e)(1) to also include packages bearing or required
to bear a POISON GAS label or placard in the list of restricted
hazardous materials with foodstuffs, feed, or edible material.
Paragraph (e)(2) specifies a package bearing or required to bear a
POISON, POISON GAS, or POISON INHALATION HAZARD label is not authorized
for transportation in the driver's compartment of a motor vehicle. Due
to new motor vehicle designs, PHMSA proposes to revise this paragraph
to specify that this also includes ``enclosed van trucks with no
permanent barrier separating the driver from the cargo component.'' As
the intent of this paragraph is to ensure a driver is not exposed to a
poisonous material while in transportation, this revision ensures the
continued safety of drivers in transportation.
Part 178
Section 178.320
Section 178.320 specifies general requirements for DOT
specification cargo tank motor vehicles and paragraph (a) includes
definitions that apply to DOT specification cargo tank motor vehicles.
PHMSA proposes to amend the following definitions:
Cargo tank: During review of Sec. 178.320, PHMSA noted
that cargo tank was also defined in Sec. 171.8, with minor editorial
differences. PHMSA proposes to revise the Sec. 171.8 definition of
cargo tank to align with the current definition in Sec. 178.320. See
``Section IV. Section-by-Section Review; Part 171; Section 171.8'' for
details on the proposed changes to the Sec. 171.8 definition of cargo
tank. Subsequently, instead of also proposing to revise the definition
in this section to match, PHMSA proposes to replace the definition of
cargo tank with a reference to the definition in Sec. 171.8. This
avoids unnecessary duplication and ensures if a future revision is
necessary, it will only have to be revised in a single location.
Furthermore, this still ensures that a reader who looks to Sec.
178.320 for the definition of cargo tank is able to locate the
definition in Sec. 171.8 easily.
Cargo tank motor vehicle: The definition of cargo tank
motor vehicle is currently defined in both Sec. Sec. 171.8 and
178.320, with no differences between the two. Similar to the proposal
to the definition of cargo tank in this section, PHMSA proposes to
replace the Sec. 178.320 definition of cargo tank motor vehicle with a
reference to the definition in Sec. 171.8. This avoids any potential
future discrepancy between the same definition in two sections of the
HMR.
Minimum thickness: PHMSA proposes to add the word ``in''
to the last sentence of this definition, as an editorial amendment for
correct grammar.
PHMSA proposes to add the following definitions:
Cargo tank motor vehicle certification date: Based on
stakeholder
[[Page 85625]]
feedback, PHMSA and FMCSA understand there is some confusion on the
difference between the cargo tank motor vehicle certification date and
the original test date. It is important to understand the difference,
as the HMR require the cargo tank motor vehicle certification date to
be marked on the specification plate, with the original test date
marked on the name plate. To reduce any confusion, PHMSA proposes to
add a definition for cargo tank motor vehicle certification date and
original test date. PHMSA proposes to define cargo tank motor vehicle
certification date as the date the cargo tank motor vehicle
manufacturer certifies the completed cargo tank motor vehicle complies
in all respects with the DOT specification and the ASME Code, if
applicable. See below for a discussion on the proposed definition of
original test date.
Component: Section 178.320 currently defines an
appurtenance as ``any attachment to a cargo tank that has no lading
retention or containment function and provides no structural support to
the cargo tank.'' Because a component may have some form of lading
retention function, either during loading, unloading, in-transit, or a
combination thereof, it does not meet the definition of an
appurtenance. Having no definition in Sec. 178.320 can cause
confusion. Therefore, PHMSA proposes to add a definition for component
to mean ``any attachment to the cargo tank or cargo tank motor vehicle,
including valves, piping, fittings, ladders, clips, protection devices,
and hoses that contain lading during loading, unloading or
transportation, or are required to be pressure or leak-tested in
accordance with the requirements of part 180 of this subchapter.''
Flexible connector: In Sec. 180.407(d)(2)(ii) of this
NPRM, PHMSA proposes to specify that a flexible connector is a part of
the piping system, but it is not currently defined in the HMR.
Therefore, PHMSA proposes to add a definition for the term flexible
connector. The proposed definition is similar to the definition in NFPA
Standard No. 58, and PHMSA proposes a flexible connector to mean ``a
short component of a piping system, not exceeding 36 in. (.91 m)
overall length, fabricated of flexible material and equipped with
suitable connections on both ends.'' Furthermore, PHMSA proposes this
definition specifies that ``liquefied petroleum gas resistant rubber
and fabric or metal, or a combination thereof, or all metal may be
used.''
Lading retention system: PHMSA proposes to add a
definition of lading retention system as it is referenced several
places in the HMR but is not currently defined. Having no definition in
the HMR can cause regulatory confusion, so adding a definition will
decrease confusion and enhance safety. PHMSA proposes that a lading
retention system means ``the cargo tank wall and any associated
components or equipment that, if damaged, could result in the release
of the contents of the package.'' This proposed definition aligns with
Letter of Interpretation Ref. No. 03-0057.\49\ As specified in the
letter, PHMSA considers piping and valves to be a part of the
associated components or equipment in the lading retention system.
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\49\ See Letter of Interpretation Reference No. 03-0057: https://www.phmsa.dot.gov/regulations/title49/interp/03-0057.
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Lining: There are a variety of linings used in the cargo
tank industry, such as internal and external linings and coatings, and
while the term is used throughout the HMR, it is not defined. By adding
a definition of lining to Sec. 178.320, PHMSA expects this will ensure
effective communication within the regulated community and will prevent
any future confusion, thus enhancing safety. PHMSA proposes lining to
mean ``an internal layer of different material covering the inside
surface of the cargo tank.''
Name plate: The terms ``ASME plate,'' ``name plate,'' and
``specification plate'' are not used throughout the HMR consistently.
This has created a considerable amount of confusion among the regulated
community. This uncertainty is amplified when considering the
challenges associated with mounting a used ASME Code cargo tank to a
new chassis. To address the issue and alleviate industry frustration,
PHMSA proposes to establish a definition for name plate (as well as a
definition for specification plate). PHMSA proposes name plate to mean
``a data plate permanently attached to the cargo tank by the cargo tank
manufacturer for the purpose of displaying the minimum information
required by the ASME Code, as prescribed in Sec. Sec. 178.337-17(b),
178.338-18(b), or 178.345-14(b) of this part, as appropriate.'' PHMSA
and FMCSA expect this definition aligns with current industry practice
and stakeholder understanding. See below for a discussion on the
proposed definition of specification plate.
Original test date: As previously discussed, there is
confusion on what constitutes the original test date marked on the name
plate and the cargo tank motor vehicle certification date stamped on
the specification plate. Some in the regulated community have indicated
the original test date is the date the cargo tank was actually
completed, while others believe it is the cargo tank motor vehicle
certification date. However, if the original test date is the date the
cargo tank motor vehicle is certified, this does not take into account
certain circumstances during the manufacturing process. For example,
sometimes a cargo tank motor vehicle is constructed in two phases where
the cargo tank is manufactured but it is assembled and mounted on a
chassis at a later date (thus becoming a cargo tank motor vehicle).
Alternatively, there are other circumstances where a cargo tank is
assembled and mounted on a different chassis, and it is necessary to
know when the original cargo tank was manufactured. Therefore, as
previously discussed, to ensure consistent understanding of the HMR,
PHMSA proposes to add definitions for cargo tank motor vehicle
certification date and original test date. PHMSA proposes that original
test date mean ``the date the cargo tank manufacturer performed the
original pressure test in accordance with part 178, to verify the
structural integrity of the cargo tank in accordance with the
requirements for new construction prescribed in this part.''
Sacrificial device: PHMSA noted that sacrificial device is
currently defined in Sec. 178.345-1 (the section for DOT Specification
406, 407, and 412 cargo tank motor vehicles definitions); however, the
definition also applies to DOT Specification MC 331 cargo tank motor
vehicles. Therefore, PHMSA proposes to move the definition for
sacrificial device from Sec. 178.345-1(c) to Sec. 178.320.
Shear section: PHMSA noted that shear section is currently
defined in Sec. 178.345-1 (the section for DOT Specification 406, 407,
and 412 cargo tank motor vehicles definitions); however, the definition
also applies to DOT Specification MC 331 and 338 cargo tank motor
vehicles. Therefore, PHMSA proposes to move the definition for shear
section from Sec. 178.345-1(c) to Sec. 178.320.
Specification plate: As previously mentioned, PHMSA
proposes to add a definition for specification plate to help
distinguish it from a name plate and provide greater clarity. PHMSA and
FMCSA expect that this proposed definition aligns with current industry
practice and stakeholder understanding. PHMSA proposes that a
specification plate means ``a data plate containing the applicable
markings provided in
[[Page 85626]]
Sec. Sec. 178.337-17(c), 178.338-18(c), or 178.345-14(c), as
appropriate, and permanently attached to the cargo tank or cargo tank
motor vehicle chassis by the manufacturer. The markings on this plate
are certification by the manufacturer that the cargo tank or the cargo
tank motor vehicle conforms in all respects with the specification
requirements of this subchapter.''
PHMSA requests comment on these proposed definitions and how they
affect different functions. Specifically, are all the possible
alternatives included in the proposed regulatory language? Does any of
the proposed regulatory language obstruct current activities or
functions?
Section 178.337-1
This section sets forth the general requirements for DOT
Specification MC 331 cargo tank motor vehicles. Paragraph (d) addresses
the requirement for reflective design of the cargo tank. PHMSA proposes
to remove the requirement that specifies that the cargo tank must be
painted. This is consistent with previously issued Letters of
Interpretation Reference Nos. 11-0067, 14-0180, 15-0242, and 19-0107.
This provides for additional regulatory flexibility while still
maintaining safe transportation of hazardous materials. Specifically,
PHMSA proposes to remove the requirement for the cargo tank to be
painted, which allows for the use of a wrap, cover, or paint on
uninsulated cargo tanks to meet the reflexivity performance standard.
Paragraph (g) provides definitions specific to MC 331 cargo tank
motor vehicles. In review of this section, and the cargo tank motor
vehicle definitions in Sec. 178.320, PHMSA noted duplicative
definitions for internal self-closing stop valves in Sec. Sec. 178.320
and 178.337-1. PHMSA proposes to remove the definition of internal
self-closing stop valves in Sec. 178.337-1 to avoid unnecessary
duplication and ensure that if the definition needs to be revised in
the future, it only has to be revised in one regulatory section.
Section 178.337-2
This section details materials authorized for DOT Specification MC
331 cargo tanks. Paragraph (b)(2)(i) specifies the materials of
construction for chlorine cargo tanks manufactured after January 1,
1975, must conform to ASTM A 612 Grade B or A 516/A 516M, Grade 65 or
70 (IBR, see Sec. 171.7 of this subchapter). However, PHMSA and FMCSA
noted that steel is no longer defined as grade A or B. Therefore, PHMSA
proposes to remove the reference to Grade B steel appropriately to
remove any potential confusion.
Sections 178.337-3, 178.338-3, and 178.345-3
Sections 178.337-3, 178.338-3, and 178.345-3 detail structural
integrity requirements for DOT Specification MC 331; MC 338; and DOT
Specification 406, 407, and 412 cargo tank motor vehicles,
respectively. Paragraph (g) in Sec. Sec. 178.337-3 and 178.338-3 and
paragraph (f) in Sec. 178.345-3 specify the design, construction, and
installation of an attachment, appurtenance, structural support member,
or accident protection device.
In paragraph (g)(3) of Sec. Sec. 178.337-3 and 178.338-3 and
paragraph (f)(3) of Sec. 178.345-3, PHMSA proposes to specify the
welding of any appurtenance to the cargo tank wall applies to both
``internal or external'' appurtenances. Consistent with long-standing
letters of interpretation previously issued by PHMSA, this revision
provides regulatory clarity and ensures continued safe manufacture of
cargo tank motor vehicles.\50\ In these long-standing letters of
interpretation, PHMSA notes that internal appurtenances may not be
attached to the cargo tank wall without mounting pads. An example of
internal appurtenances are baffles, which require mounting pads to be
attached to the cargo tank wall.
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\50\ See Letters of Interpretation Reference Nos. 07-0169 and
14-0235. Letter of Interpretation Reference No. 07-0169 is available
at: https://www.phmsa.dot.gov/regulations/title49/interp/07-0169.
Letter of Interpretation Reference No. 14-0235 is available at:
https://www.phmsa.dot.gov/regulations/title49/interp/14-0235.
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PHMSA also proposes minor editorial revisions to Sec. Sec.
178.338-3(g)(3) as well as Sec. 178.345-3(f) and (f)(3) to ensure
consistency throughout the HMR, as these paragraphs outline the same
requirements for different types of cargo tank motor vehicles. In Sec.
178.338-3(g)(3), PHMSA proposes to add the preposition ``to'' in the
first sentence for grammatical accuracy. In addition, when comparing
these paragraphs, PHMSA identified that ``accident damage protection''
was not specified in the applicability of Sec. 178.345-3(f) for DOT
400 series cargo tanks, but it was identified in Sec. 178.337-3(g) for
MC 331 cargo tanks and Sec. 178.338-3(g) for MC 338 cargo tanks. As
these paragraphs have the same regulatory intent, PHMSA proposes to add
accident damage protection to Sec. 178.345-3(f). PHMSA expects this
proposal will eliminate any potential confusion from regulatory
inconsistency, which will increase safety. PHMSA also proposes to
revise the first reference of ``shell or head'' in Sec. 178.345-
3(f)(3) to read as ``shell wall or head wall,'' similar to Sec. Sec.
178.337-3(g)(3) and 178.338-3(g)(3).
Furthermore, Sec. Sec. 178.337-3(g)(3)(iii), 178.338-3(g)(3)(iii),
and 178.345-3(f)(3)(iii) require that when welding any appurtenance to
the cargo tank wall with a mounting pad, the pad must extend at least
two inches in each direction from any point of an appurtenance or
structural support member. The second sentences of these sections also
specify ``[t]his dimension may be measured from the center of the
attached structural member.'' PHMSA proposes to remove this sentence,
because it can lead to confusion while only providing an option on how
that measurement can be made. The circumstance for this option mostly
applies to only small attachments where, because of either location or
function, it is easy to measure from the center of the structural
member. PHMSA expects that because this provision is only applicable in
some, but not all, circumstances, it creates confusion in situations
where the center of the attached structural member cannot be identified
or the measurement from the center does not make sense. Therefore, to
eliminate any potential confusion, PHMSA proposes to remove this
sentence. Although PHMSA proposes to remove the regulatory instruction,
the dimension may still be measured from the center of the attached
structural member, if applicable.
Finally, PHMSA is proposing an editorial revision to these three
sections to remove the phase ``or structural support members.''
Structural support members are not required to be attached to the tank
shell with mounting pads (see final rule HM-213) \51\ therefore PHMSA
proposes to remove the phrase to eliminate confusion over requirements
for use of mounting pads with structural support members.
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\51\ 68 FR 19257 (April 18, 2003).
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Section 178.337-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Sections 178.337-8, 178.338-11, and 178.345-11
Section 178.337-8 details requirements for the openings, inlets,
and outlets of DOT Specification MC 331 cargo tank motor vehicles;
Sec. 178.338-11 details discharge control devices for DOT
Specification MC 338 cargo tank motor vehicles; and
[[Page 85627]]
Sec. 178.345-11 details tank outlet requirements for DOT Specification
406, 407, and 412 cargo tank motor vehicles. PHMSA proposes to add
paragraph (a)(4)(vii) in Sec. 178.337-8, paragraph (c)(2)(iii) in
Sec. 178.338-11, and paragraph (b)(1)(iv) in Sec. 178.345-11 to
require if the cargo tank is equipped with a mechanical means of remote
closure for manual operation, it must not be obstructed by equipment or
appurtenances in a manner that prevents access to or operation of the
remote means in an emergency. FMCSA has encountered cargo tank motor
vehicles where the manual emergency remote shut off device has been
obstructed by various equipment or appurtenances that were added after
the date of manufacture. This is a safety concern because obstructions
to the manual emergency remote shut off device make the device harder
to activate in an emergency, which may cause an incident to occur or
worsen an incident in progress. Therefore, to address this safety
concern, PHMSA proposes to provide an indication in new paragraphs
Sec. Sec. 178.337-8(a)(4)(vii), 178.338-11(c)(2)(iii), and 178.345-
11(b)(1)(iv) that if equipped with a mechanical means of remote
closure, it must not be obstructed to prevent operation or access in an
emergency.
Section 178.337-8
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the revision
proposed to this section.
Section 178.337-9
This section prescribes requirements for PRDs, piping, valves,
hoses, and fittings for DOT Specification MC 331 cargo tanks. Paragraph
(a)(3) requires each valve used on a DOT Specification MC 331 cargo
tank motor vehicle be designed, constructed, and marked for a rated
pressure not less than the design pressure of the cargo tank. PHMSA
proposes to replace the term ``valve'' with ``pressure relief device''
as this matches the title of paragraph (a) more appropriately.
Paragraph (b) specifies piping, valves, hoses, and fittings
requirements for DOT Specification MC 331 cargo tanks. PHMSA proposes
to revise the paragraph (b) title from ``Piping, valves, hose, and
fittings'' to ``Components and other pressure parts.'' This proposed
title aligns with the proposed Sec. 178.320 definition of components
and more appropriately illustrates the requirements of the paragraph.
PHMSA expects this proposed change will help to reduce any regulatory
confusion.
PHMSA also found the HMR does not assign responsibility to who must
ensure that all components meet paragraph (b) requirements, causing
potential regulatory confusion. To address this uncertainty, PHMSA
proposes to specify that the cargo tank motor vehicle manufacturer is
responsible for ensuring that all components comply with the paragraphs
that follow. This aligns with other HMR requirements that require the
cargo tank motor vehicle manufacturer to issue the certificate of
construction as well as the specification plate and name plate.
Therefore, PHMSA expects this proposed amendment to paragraph (b) will
reduce regulatory uncertainty and thus, increases safety.
Paragraph (b)(1) specifies the burst pressure requirements for all
piping, pipe fittings, hose, and other pressure parts, except for pump
seals and PRDs. In order to be consistent with the ASME Code, PHMSA
proposes to replace the phrase ``design pressure'' with the phrase
``MAWP,'' the acronym for maximum allowable working pressure used in
the ASME Code. This proposed change eliminates an inconsistency between
the ASME Code and the HMR and thus, increases safety. In addition,
PHMSA proposes to revise the reference for chlorine service from
paragraph (b)(7) to paragraph (b)(8), as an editorial amendment.
Paragraph (b)(6) requires cargo tank manufacturers and fabricators
to demonstrate that all piping, valves, and fittings installed on a
cargo tank are free from leaks by testing them at not less than 80
percent of the design pressure marked on the cargo tank. PHMSA proposes
to replace the term ``cargo tank manufacturers and fabricators'' with
``cargo tank motor vehicle manufacturers'' as this better aligns with
the responsibilities of manufacturers of cargo tank motor vehicles.
Additionally, and similar to the proposed change in paragraph (a)(3),
PHMSA proposes to revise the terminology to test at not less than 80
percent of ``design pressure'' to ``MAWP,'' as this better aligns with
ASME requirements. Lastly, PHMSA proposes to specify the test should be
conducted based off the ``name plate after the piping is installed on
the cargo tank motor vehicle'' as opposed to ``cargo tank'' to provide
further clarity on this requirement. These proposed changes provide
regulatory clarity without impacting safety.
Paragraph (b)(7) specifies requirements for a hose assembler of DOT
Specification MC 331 cargo tanks. PHMSA proposes to move the
requirements in paragraph (b)(7) to its own new paragraph (e) to
provide enhanced visibility, improve regulatory compliance, and thus,
improve safety. Subsequently, PHMSA proposes to reserve paragraph
(b)(7). Furthermore, in new paragraph (e), PHMSA proposes to add a
title of ``hose assembler requirements'' to align with the rest of
Sec. 178.337-9 and the Office of Federal Register Document Drafting
Handbook, which requires that when one section paragraph has a heading,
all of the other paragraphs in the section should as well. Lastly, as a
clarifying statement, PHMSA proposes to reference the Sec. 180.416(f)
written report requirement for the hose assembler tests. PHMSA expects
that adding this reference will improve compliance and therefore,
increase safe transportation of hazardous materials.
Sections 178.337-10 and 178.338-10
These sections detail accident damage protection requirements of
DOT Specification MC 331 and MC 338 cargo tank motor vehicles.
Paragraph (c)(1) of both sections specify rear-end tank protection
device requirements. PHMSA proposes to replace the words ``valves,
piping, and fittings'' with ``components,'' as this is consistent with
the new definition proposed in Sec. 178.320.
Paragraph (c)(1) also specifies the rear bumper dimensions must
meet the requirements of Sec. 393.86. However, FMCSA notes there is
stakeholder confusion on whether the referenced dimensional
requirements or the wheels back vehicle exception in Sec. 393.86
applies. The historical applicability and intent of this paragraph is
that the referenced dimensional requirements in Sec. 393.86 apply to
accident damage protection. Therefore, to remove any potential
confusion, and therefore, increase safety, PHMSA proposes to add a
sentence specifying that the wheels back exception provided in 49 CFR
393.86 does not apply.
Section 178.337-10
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-10 and 178.338-10'' for details on the revisions proposed to
this section.
Sections 178.337-17 and 178.338-18
Sections 178.337-17 and 178.338-18 detail marking requirements for
DOT Specification MC 331 and MC 338 cargo tank motor vehicles,
respectively. Paragraph (a) details general requirements for both the
name plate and the specification plate. In addition to editorial
revisions, PHMSA proposes to specify that the responsibility of
applying the name plate and
[[Page 85628]]
specification plate fall on the manufacturer, as a clarifying
statement. While not explicitly stated, this codifies current practice
to remove any ambiguity and ensure continued safe hazardous materials
transportation. PHMSA notes this requirement means that the
requirements for the name plate, when applicable, and specification
plate fall on the person responsible for building the cargo tank, cargo
tank motor vehicle, or both. PHMSA also proposes to remove the
compliance date of October 1, 2004, as this date has passed, and all
DOT Specification MC 331 and MC 338 cargo tank motor vehicles are
subject to these requirements.
Paragraph (a)(4) in both sections indicates the specification plate
may be attached to the cargo tank motor vehicle chassis rail and
details methods on how to do so. PHMSA proposes to revise paragraph
(a)(4) to specify the specification plate must be attached to the cargo
tank or its integral supporting structure, instead of the cargo tank
motor vehicle chassis rail. A DOT Specification MC 331 or MC 338 cargo
tank potentially has a longer useable lifespan than the life of the
motor vehicle chassis to which it is originally attached. As such, it
is possible for the original specification plate to be separated from
the cargo tank if the cargo tank is remounted to a different chassis,
which poses a safety risk to knowing the specification of the cargo
tank. Therefore, to remove this possible scenario, PHMSA proposes to
require the specification plate be mounted to the cargo tank itself or
an integral supporting structure. Additionally, PHMSA proposes minor
editorial amendments for sentence structure clarity. These changes
increase regulatory consistency by aligning the specification plate
attachment language with that of the DOT 400 series cargo tank motor
vehicle specification.
Section 178.337-17
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-17 and 178.338-18'' for details on the revisions proposed to
this section.
Section 178.337-18
This section requires appropriate documentation certifying that a
completed cargo tank motor vehicle conforms to DOT Specification MC 331
cargo tank requirements and the ASME Code. PHMSA proposes revisions
that better align this section with the certification requirements (and
proposed changes) in Sec. Sec. 178.338-19 and 178.345-15 to increase
regulatory consistency and thus, compliance and safety.
Paragraph (a) details requirements for the cargo tank data report
and a certificate of construction. In the introductory text to
paragraph (a), PHMSA proposes to specify the data report is the ``cargo
tank's ASME Form U-1A data report as required by Section VIII of the
ASME Code'' to align with Sec. Sec. 178.338-19(a)(1) and 178.345-
15(b)(2). Additionally, as an editorial amendment, PHMSA proposes to
clarify the ``certificate'' is the ``Certificate of Compliance.'' PHMSA
proposes to make similar editorial changes in paragraphs (a)(1) and
(3).
Moreover, PHMSA proposes to add language to paragraph (a)(3) to
specify that when a cargo tank motor vehicle is manufactured in two or
more stages and after the cargo tank motor vehicle is brought into full
compliance with the applicable specification and ASME Code, the final
manufacturer must mark the specification plate with the cargo tank
motor vehicle certificate date and attach the specification plate to
the completed cargo tank in accordance with Sec. 178.338-18(a). PHMSA
expects this proposed language better aligns this section with
Sec. Sec. 178.338-19 and 178.345-15 and current ASME Code
requirements.
Lastly, PHMSA proposes to make a minor editorial amendment to
paragraph (a)(4) by removing the indication that the cargo tank motor
vehicle must have the Registered Inspector stamp, the specification
plate, and issue a Certificate of Compliance, and instead specifying
that the Registered Inspector shall complete these actions. This aligns
the paragraph better with Sec. Sec. 178.338-19 and 178.345-15.
Section 178.338-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Section 178.338-10
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-10 and 178.338-10'' for details on the revisions proposed to
this section.
Section 178.338-11
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the revision
proposed to this section.
Section 178.338-18
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-17 and 178.338-18'' for details on the revisions proposed to
this section.
Section 178.338-19
This section details the requirements for the certification of DOT
Specification MC 338 insulated cargo tank motor vehicles. PHMSA
proposes revisions that better align this section with the
certification requirements (and proposed changes) in Sec. Sec.
178.337-18 and 178.345-15 to increase regulatory clarity.
Paragraph (a) specifies documents that must be furnished to the
owner of a cargo tank motor vehicle. PHMSA proposes to move the current
language in paragraph (a)(1) to paragraph (a) introductory text, with
minor editorial amendments. Subsequently, PHMSA proposes to revise
paragraph (a)(1) to specify that the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a DCE. As mentioned, these changes better align this section with
Sec. Sec. 178.337-18 and 178.345-15 to increase regulatory consistency
and clarity. There are no proposed revisions to paragraph (a)(2), but
it appears in the regulatory text of this NPRM for the Federal
Register.
Paragraph (b) specifies requirements when a cargo tank is
manufactured in two or more stages. PHMSA proposes to redesignate
paragraph (b) as paragraph (a)(3) in addition to editorial amendments
to mirror Sec. 178.337-18. Additionally, PHMSA proposes to specify
that when the cargo tank motor vehicle is brought into full compliance
with the applicable specification and ASME Code, the final manufacturer
must mark the specification plate with the cargo tank motor vehicle
certificate date and attach the specification plate to the completed
cargo tank in accordance with Sec. 178.338-18(a). PHMSA also proposes
to remove the language in this paragraph related to what the
certification must include.
Paragraph (c) details requirements in the event of a change in
ownership. Because PHMSA proposes to redesignate paragraph (b) as
paragraph (a)(3), PHMSA proposes to redesignate paragraph (c) as
paragraph (b). Because of this proposed redesignation, PHMSA proposes
to reserve paragraph (c). Lastly, PHMSA proposes editorial amendments
in new paragraph (b) to align with other cargo tank specification
certification sections.
Section 178.345-1
This section details the general requirements for DOT Specification
406, 407, and 412 cargo tank motor vehicles. Paragraph (c) includes
definitions for
[[Page 85629]]
these types of cargo tank motor vehicles. However, there are several
definitions in Sec. 178.345-1 that are also found in Sec. 178.320,
some of which have different wording. As this could cause confusion,
PHMSA proposes to remove all the definitions which are already found in
Sec. 178.320. Reducing confusion in the regulations helps to increase
compliance and thus, safety. Additionally, and as discussed in
``Section IV. Section-by-Section Review; Part 178; Section 178.320,''
PHMSA proposes to move the definitions for sacrificial device and shear
section to Sec. 178.320 as they apply to other types of cargo tank
motor vehicles in addition to DOT Specification 406, 407, and 412 cargo
tank motor vehicles.
Section 178.345-3
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-3, 178.338-3, and 178.345-3'' for details on the revisions
proposed to this section.
Section 178.345-8
This section details accident damage protection for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. Paragraph
(d) specifies rear-end tank protection, with paragraph (d)(1)
describing design requirements for the rear-end cargo tank protection
device. PHMSA proposes to split paragraph (d)(1) into two paragraphs--
paragraphs (d)(1)(i) and (ii)--to better clarify deflection design
requirements and increase readability, which ultimately increases
safety. PHMSA proposes that paragraph (d)(1)(i) contains the rear-end
cargo tank protection device design requirements for cargo tanks where
the rear-end protection device is on the same horizontal plane as the
component. PHMSA proposes that paragraph (d)(1)(ii) contains design
requirements for a rear-end cargo tank protection device when the
component is not on the same horizontal plane. This proposed language
is for clarification. Figure 1 details the difference between the
vertical plane and horizontal plane.
[GRAPHIC] [TIFF OMITTED] TP28OC24.000
Paragraph (d)(2) indicates the dimension requirements for the rear-
end cargo tank protection device. Paragraph (d)(3) specifies additional
design requirements for the rear-end protection device and its
attachments on DOT Specification 406, 407, and 412 cargo tank motor
vehicles. In paragraphs (d)(2)(i)-(iii) and (3), PHMSA proposes to
spell out the dimensions instead of using a numerical value, for
grammatical correctness.
During review of cargo tank motor vehicle manufacturers and other
facilities that design and install rear-end protection devices, FMCSA
inspectors identified that manufacturers who calculate and construct
rear-end devices were not properly calculating the 2 ``g'' impact,
which is a result of potentially confusing regulations in paragraph
(d)(3). As this results in non-compliant rear-end protection devices
that fail under impact, PHMSA proposes to revise paragraph (d)(3) to
clarify this requirement and ensure the continued safe transportation
of hazardous materials. To achieve this clarity, PHMSA proposes to
revise the term ``rated payload'' to ``gross vehicle weight rating''
and add a sentence to specify ``the structures supporting the rear-end
protection device, including the frame and the attachments to the frame
must be capable of withstanding the 2 `g' load.''
Section 178.345-11
This section details requirements for the openings, inlets, and
outlets of DOT Specification 406, 407, and 412 cargo tank motor
vehicles. Paragraph (b) requires each cargo tank loading/unloading
outlet to be equipped with an internal or external self-closing stop
valve. PHMSA proposes to revise paragraph (b)(1)(ii) to specify that if
the actuating system fails, each loading/unloading outlet must remain
securely closed and capable of retaining the cargo tank's lading. This
provides
[[Page 85630]]
additional clarification that failure is another circumstance where the
loading/unloading outlet must remain securely closed if the actuating
system fails. This increases safety because if the actuating system
fails, the outlet should still be closed and capable of retaining
liquid to ensure continued safe transportation of hazardous materials.
See ``Section IV. Section-by-Section Review; Part 178; Sections
178.337-8, 178.338-11, and 178.345-11'' for details on the proposal to
add paragraph (b)(1)(iv) to this section.
Section 178.345-13
This section specifies the pressure and leakage test requirements
for DOT Specification 406, 407, and 412 cargo tank motor vehicles, with
paragraph (a) detailing that the pressure and leakage tests must be in
accordance with this section and Sec. Sec. 178.346-5, 178.347-5, or
178.348-5. PHMSA proposes to revise the language in paragraph (a) to
specify that the pressure and leakage tests must be performed by the
cargo tank motor vehicle manufacturer. This aligns with current
industry practice and provides a clear distinction on the person with
responsibility to perform these tests, which increases regulatory
compliance and safety.
PHMSA also proposes to add a sentence to specify the leakage test
shall be performed after the piping is installed on the cargo tank
motor vehicle. PHMSA and FMCSA expect that this aligns with current
industry practice, while ensuring the continued safe transport of the
cargo tank motor vehicle and reducing the likelihood of a release of
hazardous materials.
Section 178.345-14
This section specifies the marking requirements for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. Paragraph
(a) provides general certification requirements. PHMSA proposes to add
a clarifying statement to paragraph (a) that if information is required
to be displayed on the name plate, it does not need to be repeated on
the specification plate. This is consistent with other DOT
specification requirements.
PHMSA also proposes certain editorial amendments in this section.
Paragraph (b)(3) indicates that the tank MAWP in psig must be marked on
the tank nameplate. In this paragraph, PHMSA proposes to specify that
by ``tank,'' the requirement applies to a ``cargo tank.'' Paragraph (c)
provides requirements for marking of the specification plate, with
paragraphs (c)(6) and (7) requiring the marking of the maximum loading
and unloading rates, respectively. PHMSA proposes to revise paragraph
(c)(6) to allow for ``NONE'' and paragraph (c)(7) to allow for ``OPEN
MH'' or ``NONE'' as an indication of no limit on the loading and
unloading rate, respectively.
Lastly, paragraph (d) includes the requirements for a multi-cargo
tank motor vehicle. PHMSA proposes to revise this paragraph to refer to
the definition of design type in Sec. 178.320(b) instead of the ``same
materials, manufactured thickness, minimum thickness, and to same
specification.'' This revision is intended to clarify the intent of the
exception from the requirement to display multiple name plates for
compartmented cargo tanks separated by voids. ``Design type'' is a more
efficient and simpler phrase to communicate the intent of this
exception.
Section 178.345-15
This section details certification requirements for DOT
Specification 406, 407, and 412 cargo tank motor vehicles. PHMSA
proposes revisions that better align this section with the
certification requirements (and proposed changes) in Sec. Sec.
178.337-18 and 178.338-19.
Paragraph (a) includes requirements for certification documents. In
paragraph (a), PHMSA proposes to expand the requirements. This includes
requiring that the cargo tank motor vehicle manufacturer must supply,
and the owner must obtain, a cargo tank's ASME Form U-1A data report as
required by Section VIII of the ASME Code and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to the DOT specification and the ASME Code. As
mentioned, this better aligns paragraph (a) with other cargo tank
certification requirements in Sec. Sec. 178.337-18 and 178.338-19.
Paragraph (b)(1) details the signatory requirements of the
certificate. Similar to proposed changes in paragraph (a), PHMSA
proposes to revise paragraph (b)(1) to specify the certificate must be
a Certificate of Compliance signed by an official of the cargo tank
motor vehicle manufacturer responsible for compliance, and a DCE.
Lastly, paragraph (e) includes requirements for specification
shortages. PHMSA proposes to revise paragraph (e) editorially to better
align this paragraph with other cargo tank specification certification
requirements. The substantive requirements for cargo tanks manufactured
in two or more stages are not changed in this proposal.
Section 178.348-1
This section specifies the general requirements for DOT
Specification 412 cargo tank motor vehicles. Paragraph (d) requires a
cargo tank with a MAWP greater than fifteen psig must be of circular
cross-section. Paragraph (e) specifies ASME construction requirements
depending on the MAWP of the cargo tank. Cargo tank manufacturers have
expressed confusion over the current regulatory requirements in this
section, particularly when a DOT 412 specification cargo tank must be
certified to the ASME Code. Therefore, to alleviate this confusion and
increase regulatory compliance, PHMSA proposes to revise paragraph (d)
to specify when a cargo tank motor vehicle has a MAWP greater than
fifteen psig, it must be constructed and certified in accordance with
Section VIII of the ASME Code. Subsequently, PHMSA proposes to revise
paragraph (e) to specify when a cargo tank motor vehicle has a MAWP of
fifteen psig or less, it must be constructed in accordance with Section
VIII. PHMSA also proposes to redesignate paragraphs (e)(2)(i)-(viii) as
paragraphs (e)(1)-(8) without making any revisions, other than an
editorial revision in current paragraph (e)(2)(iii) to spell out the
numerical value of 15 psig. These proposed revisions are not intended
to amend the intent of the section, but instead increase regulatory
clarity.
Part 179
Section 179.2
Section 179.2 is the definition section for tank car specifications
in part 179. PHMSA proposes to add introductory text to specify that
terms defined in Sec. Sec. 171.8 and 180.503 for tank car maintenance
and qualification also apply to part 179. This will help to address any
confusion with defined terms in these related regulatory sections.
In addition, PHMSA proposes to amend the following definitions:
Approved: In paragraph (a)(2), PHMSA proposes to remove
the reference to the AAR Tank Car Committee and replace it with a
reference to DCE approval. See ``Section II.B.2. Tank Car Design
Approval'' for additional details.
Tank car facility: PHMSA proposes to amend this definition
to express the original intent that only facilities that qualify tank
cars for transportation meet the definition. See ``Section II.B.4. Tank
Car Facility Definition'' for additional details.
[[Page 85631]]
PHMSA proposes to add the following definitions:
Component: PHMSA proposes to add this definition in
paragraph (a)(4) to mean ``service equipment, safety systems, linings
or coatings, other elements specifically required by this part and any
elements used to achieve a performance standard in this part.'' This
new definition is intended to align with commonly understood industry
usage and will increase clarity in the HMR.
Tank car: This new definition is proposed for the purposes
of construction, maintenance, and qualification in parts 179 and 180.
As proposed, tank car means ``a tank car tank and all of its
components.'' This definition aligns with commonly understood industry
usage and will increase clarity in the HMR. To ensure paragraph (a)
remains alphabetical, this new definition is proposed to replace the
currently reserved paragraph (a)(9).
Section 179.3
Section 179.3 currently prescribes requirements to submit tank car
designs to AAR for approval. PHMSA proposes to rename and extensively
revise this section to remove the requirement for AAR approval and
replace it with a requirement for design approval by a registered tank
car DCE. See ``Section II.B.2. Tank Car Design Approval'' for
additional details. PHMSA proposes that one Design Approval Certificate
issued for the tank car or service equipment will cover all tank cars
or service equipment built to an approved design, material and
construction, or modification, provided the tank cars or service
equipment are identical. When ownership of a tank car is transferred,
the new owner must obtain the Design Approval Certificate from the
previous owner or Design Certifying Engineer for the tank car to remain
in service. Builders and shippers may apply for special permits for
unapproved tanks and equipment, in accordance with the special permit
procedural requirements in Sec. Sec. 107.101-107.127.
Section 179.4
Section 179.4 currently prescribes requirements for proposing a new
tank car specification to AAR. PHMSA proposes to revise this section.
The role of the AAR TCC in the review of new tank car specifications is
proposed to be replaced with review by a registered tank car DCE.
Proposals for new tank car specifications must first be submitted for
review by a DCE. If the DCE determines the new specification design is
suitable, then the designer of the new specification design must then
apply to PHMSA for a DOT-SP to construct and use the tank cars or
submit a petition for rulemaking to add the new specification to the
HMR. See ``Section II.B.2. Tank Car Design Approval'' for additional
details.
Section 179.5
Section 179.5 currently prescribes requirements for the tank car
Certificate of Construction. PHMSA proposes to change the name of the
section from ``Certificate of construction'' to ``Design Approval
Certificate'' and extensively revise this section to reflect the new
DAC requirements. PHMSA proposes that the new DAC requirements
generally mirror the information and drawings currently required to be
submitted to AAR on AAR Forms 4-2 or 4-5, for tank car tanks and
service equipment, respectively. PHMSA proposes that the DCE must
ensure all required information is present on the DAC, review the
materials, certify compliance with the HMR by signing the certification
statement, and submit the DAC to the tank car owner.
While generally mirroring the information required on the AAR Form
4-2 or 4-5, PHMSA proposes that instead of requiring the initial
commodity (as currently required on AAR Form 4-2 or 4-5), the DAC must
list all of the materials intended for transportation in the tank car
and service equipment. This commodity information is critical to
determining appropriate materials of construction and fitting
arrangements for the tank car design, among other design
considerations. If a tank car user decides to use the tank car or
service equipment to transport a commodity not listed on the DAC, PHMSA
proposes that the DCE must modify the DAC to approve the transportation
of the new material before the tank car or service equipment may be
used for the new commodity. As proposed, the DCE must evaluate the
design of the tank car and service equipment, including but not limited
to material compatibility, design pressure, operating temperature, and
service life when determining whether the tank car or service equipment
is appropriate for the new commodity.
See ``Section II.B.2. Tank Car Design Approval'' for additional
details on these proposed changes.
Section 179.6
Section 179.6 prescribes requirements for tank car repairs and
alterations. PHMSA proposes a minor revision to this section. PHMSA
proposes to no longer require compliance with those sections of AAR
Specifications for Tank Cars Appendix R that require AAR approval for
tank car repairs. Rather, PHMSA proposes that for all tank car repairs
not specifically described in Appendix R, DCE approval is required.
Section 179.7
Section 179.7 prescribes requirements for a tank car facility QAP.
PHMSA proposes to no longer require tank car facilities to seek AAR
approval for QAPs. PHMSA proposes that each tank car facility must
register with PHMSA under proposed part 107 subpart J and certify that
it maintains QAP that meets the requirements of parts 107 and 179.
PHMSA proposes several additional revisions to the QAP
requirements:
Remove reference to ``repair'' in paragraphs (a)(2),
(b)(3), (b)(5), and (f) because ``repair'' is already encompassed in
the Sec. 180.503 definition of maintenance.
Remove ``program'' in paragraph (a)(2), to clarify that
the QAP must identify non-conformities in the tank car during
manufacture, inspection, testing, qualification, and maintenance of the
tank car.
Add the phrase ``qualification and maintenance'' in
paragraph (b)(3) to align the scope of the QAP with qualification.
Revise paragraph (b)(4) to require that the tank car
facility's QAP covers all materials and components that are installed
to create the tank car. The tank car facility that qualifies the car is
responsible for all activities prior to qualification.
Add the word ``applicable'' to paragraph (b)(8) to
indicate there are requirements in the AAR Specifications for Tank Cars
that are no longer applicable to tank car facilities (e.g., approval
requirements).
Remove ``AAR'' from paragraph (d) because PHMSA proposes
to no longer require AAR approval. See ``Section II.B.2. Tank Car
Design Approval'' for additional details.
Revise paragraph (f) to add a requirement that a tank car
facility must maintain a valid tank car facility registration in
accordance with part 107, subpart J.
See ``Section II.B.3. Tank Car Facility Quality Assurance Program''
for further details on the proposed changes to QAP requirements.
Section 179.10
Section 179.10 discusses requirements for tank mounting. PHMSA
proposes to require that tank mounting arrangements meet the
requirements of AAR Specifications for Tank Cars Chapter 6 in currently
reserved paragraph (b). This will address NTSB Recommendation R-12-
[[Page 85632]]
007, which recommends that PHMSA address deficiencies in tank car
center sill or draft attachment designs by adopting AAR's revised
attachment requirements. The 2014 edition of AAR Specifications for
Tanks Cars proposed for incorporation contains the recommended revised
center sill and draft attachment requirements, which addresses separate
NTSB Recommendation R-12-009 issued to AAR.
Section 179.11
Section 179.11 prescribes the requirements for tank car welding
procedures. Paragraph (a) currently requires that welding procedures,
welders, and fabricators be approved by AAR. PHMSA proposes to revise
paragraph (a) to require that welding procedures, welders, and
fabricators must meet the requirements in AAR Specifications for Tank
Cars Appendix W, except for compliance with paragraph 1.2. Appendix W,
which is already incorporated by reference into the welding-specific
sections in part 179 (e.g., Sec. 179.100-9). If this proposal were
adopted in a final rule, compliance with paragraph 1.2 of Appendix W,
which requires AAR certification for the facility at which the welding
occurs, would no longer be required. Facilities that conduct fusion
welding on tank cars that meet the definition of ``tank car facility,''
as proposed in this NPRM, must register with PHMSA. See ``Section
II.B.4. Tank Car Facility Definition'' and ``Section II.B.5. Tank Car
Facility and Design Certifying Engineer Registration'' for further
details.
Section 179.24
This section discusses requirements for permanent identification
plates mounted on the inboard surfaces of the body bolsters of a tank
car. PHMSA proposes to revise paragraph (a)(2), to remove reference to
the AAR form. Additionally, PHMSA proposes to remove and reserve
paragraph (a)(3)(i), which, requires stamping the AAR Number on the
identification plates. PHMSA proposes these edits to conform to the
proposal to replace AAR TCC approval with approval by a tank car DCE.
Specifically, PHMSA proposes to remove reference to AAR Form 4-2 in
paragraphs (a)(2), (a)(2)(i), (a)(2)(iv), (a)(2)(v), (a)(2)(viii), and
(a)(3)(i), as PHMSA proposes to replace the AAR Form 4-2 requirement
with a DAC. Additionally, PHMSA proposes to remove and reserve
paragraph (a)(2)(iii) to remove the requirement to stamp the AAR
approval number as this has no equivalent in the DAC.
Sections 179.100-9, 179.100-10, 179.100-18, 179.200-10, 179.200-11,
179.200-22, 179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11,
179.400-12, 179.400-15, and 179.400-18
These sections deal with welding requirements for tank cars and
incorporate by reference the AAR Specifications for Tank Cars (M-1002)
Appendix W. In each section, PHMSA proposes to add language indicating
compliance with paragraph 1.2 of Appendix W is not required, because
that paragraph of Appendix W requires AAR certification for the
facility at which welding occurs. Facilities that conduct fusion
welding on tank cars that meet the definition of ``tank car facility,''
as proposed in this NPRM, must register with PHMSA. Tank car facilities
that qualify tank cars that have undergone welding at another location
are responsible for ensuring that the welding operations are conducted
in accordance with Appendix W. See ``Section II.B.4. Tank Car Facility
Definition'' and ``Section II.B.5. Tank Car Facility and Design
Certifying Engineer Registration'' for further details. Additionally,
in Sec. Sec. 179.100-9, 179.200-10, and 179.220-10, PHMSA proposes to
remove the sentence requiring that welding procedures, welders, and
fabricators be approved. Welding procedures, as well as welder and
fabricator qualification must be addressed in a tank car facility's
quality assurance program. See ``Section II.B.3. Tank Car Facility
Quality Assurance Program'' for additional details.
Section 179.100-9
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.100-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.100-12
Section 179.100-12 outlines the use of manway nozzles, covers, and
protective housing on rail cars. Paragraph (c) details requirements for
bolting the protecting housing to the manway cover. PHMSA proposes to
revise Sec. 179.100-12(c) to permit the use of an alternative means of
connecting the manway protection housing to the tank car. See ``Section
II.F. P-1724'' for further discussion on this proposed change. PHMSA
also proposes a minor grammatical amendment to paragraph (c) to spell
out ``seventy percent'' instead of a numerical value.
Section 179.100-18
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.102-3
Section 179.102-3 prescribes additional requirements for pressure
tank cars containing poisonous-by-inhalation material. PHMSA proposes
to IBR the requirements of section 2.2.1.2 of Chapter 2 of the AAR
Specifications for Tank Cars, M-1002. Specifically, PHMSA proposes to
require tank cars manufactured after the effective date of an eventual
final rule that transport poisonous-by-inhalation hazardous material
have tank car heads and shells that are Charpy impact tested in
accordance with the requirements of section 2.2.1.2.
Please note that the exception in AAR Specifications for Tank Cars
Chapter 2 section 2.2.1.2 exempts shell and head material intended for
low temperature service that is subject to longitudinal Charpy impact
testing at -50 [deg]F from the transverse Charpy impact test.
Therefore, steel used for the head and shell of hydrogen chloride tank
cars is not subject to the transverse Charpy impact test proposed here
but remains subject to the longitudinal Charpy impact testing at -50
[deg]F in accordance with Sec. 179.102-17.
This proposed change responds to NTSB recommendation R-19-001,\52\
which recommended that PHMSA implement enhanced fracture toughness
requirements for tank heads and shells for tank cars transporting
poisonous-by-inhalation material. Although not incorporated by
reference in the HMR, tank car manufacturers have been subject to this
test requirement since 2005 through AAR interchange standards.
Therefore, PHMSA expects that this proposed amendment will not place
any additional burden on tank car manufacturers while improving safety
[[Page 85633]]
by increasing clarity on steel toughness requirements for PIH tank
cars.
---------------------------------------------------------------------------
\52\ See NTSB Safety Recommendation R-19-001: https://www.ntsb.gov/safety/safety-recs/recletters/R-19-001-005.pdf.
---------------------------------------------------------------------------
Section 179.103-5
Section 179.103-5 prescribes requirements for bottom outlets for
DOT-114A tank cars. In accordance with the proposal to remove all
reference to approval by the AAR, PHMSA proposes to remove the phrase
``approved by the AAR Committee on Tank Cars'' in paragraph (b)(1) for
permanent attachment of supplementary exterior fittings. As proposed, a
DCE will fill the approval role previously delegated to AAR. See
``Section II.B.2. Tank Car Design Authority'' for additional details.
Section 179.200-7
This section specifies authorized materials of construction for
non-pressure tank car tanks (Classes DOT-111AW, 115AW, and 117AW).
Paragraph (b) specifies allowable steels for the carbon steel plate.
Currently, ASTM A 537 steel is not authorized in paragraph (b).\53\
However, ASTM A 537 steel has similar properties to ASTM A 516 steel,
which is currently authorized in paragraph (b). Furthermore, ASTM A 537
steel is currently authorized in Sec. 179.100-7 for pressure tank
cars. PHMSA has also received a petition requesting authorization to
use ASTM A 537 steel in construction of non-pressure tank cars (P-1760;
Baier Rail).\54\ Lastly, PHMSA has issued DOT-SP 20908 to allow for the
use of ASTM A 537 steel for non-pressure tank car tanks.\55\ Therefore,
PHMSA proposes to add ASTM A 537 steel to the table in paragraph (b).
Please note, DOT-SP 20908 requires radiographic examination for 1 out
of every 50 nozzle groove weld joints produced in accordance with the
special permit. This condition is a requirement associated with the
7.5-inch nozzle extension authorized in the special permit; therefore,
we do not propose to adopt this condition into the HMR for tank cars
and appurtenances constructed solely from ASTM A 537 steel. PHMSA seeks
comment on this proposal.
---------------------------------------------------------------------------
\53\ See Letter of Interpretation Reference No. 19-0076: https://www.phmsa.dot.gov/regulations/title49/interp/19-0076.
\54\ See https://www.regulations.gov/document/PHMSA-2021-0101-0001.
\55\ See DOT-SP 20908: https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP20908.pdf/offerserver/SP20908.
---------------------------------------------------------------------------
Section 179.200-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.200-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.200-17
Section 179.200-17 prescribes requirements for bottom outlets for
DOT-111 and DOT-117 non-pressure tank cars. In accordance with the
intent to remove all references to approval by the AAR TCC, PHMSA
proposes to remove the phrase ``by the AAR Committee on Tank Cars.'' A
DCE will fill the approval role previously delegated to AAR. See
``Section II.B.2. Tank Car Design Authority'' for additional details.
Section 179.200-22
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.220-15
Section 179.220-15 details requirements for support systems for
DOT-115 tank cars. PHMSA proposes to remove the phrase ``of approved
design'' from paragraph (b) for cushioning devices. It is PHMSA and
FRA's understanding that AAR approvals are not currently issued for
cushioning devices. Therefore, PHMSA proposes that a tank car
manufacturer may certify the cushioning device tested to meet the
performance standards of paragraph (b) without requiring approval from
the DCE. Safety will be maintained by continuing to require that all
systems used to meet the requirements of this section must be tested by
the manufacturer to demonstrate their ability to limit body forces to
400,000 pounds maximum at a ten miles per hour impact. PHMSA also
proposes a minor editorial change to spell out ``ten miles per hour''
instead of the numerical value ``10.''
Section 179.220-18
Section 179.220-18 prescribes requirements for bottom outlets for
DOT-115 tank cars. In accordance with the proposed removal of all
reference to approval by the AAR TCC, PHMSA proposes to remove the
phrase ``by the AAR Committee on Tank Cars.'' A DCE will fill the
approval role previously delegated to AAR. See ``Section II.B.2. Tank
Car Design Authority'' for additional details.
Section 179.300-9
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.300-10
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-5
Section 179.400-5 prescribes requirements for weld-impact test
results. PHMSA proposes an editorial correction to this section to
insert the required language to make the IBR of Appendix W valid. It
appears the omission of IBR language was an oversight, and PHMSA
proposes to correct it. Additionally, PHMSA proposes to add language
indicating that compliance with paragraph 1.2 of Appendix W is not
required, because that section requires AAR approval. See ``Section
II.B.6. AAR Specifications for Tank Cars Incorporation by Reference''
for additional details.
[[Page 85634]]
Section 179.400-6
Section 179.400-6 prescribes bursting and buckling pressure
requirements for the outer jacket of a cryogenic liquid tank car. PHMSA
proposes to fix an editorial error and IBR Chapter Six of AAR Manual of
Standards and Recommended Practices, Section C-II Specifications for
Design, Fabrication and Construction of Freight Cars, rather than
Chapter Six of AAR Manual of Standards and Recommended Practices,
Section C-III, Specifications for Tank Cars, Specification M-1002.
Section 6.2 does not exist in C-III, while section 6.2 is the relevant
section in C-II; PHMSA has identified that this error dates back to the
creation of Sec. 179.400-6 in final rule HM-115.\56\ PHMSA expects
that this editorial change will increase clarity without creating any
additional burden on DOT-113 manufacturers.
---------------------------------------------------------------------------
\56\ 48 FR 27674 (Jun. 16, 1983).
---------------------------------------------------------------------------
Section 179.400-11
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-12
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-13
Section 179.400-13 details requirements for support systems for
cryogenic liquid tank cars. PHMSA proposes to remove the phrase ``of
approved design'' from paragraph (b) for cushioning devices. It is
PHMSA and FRA's understanding that approvals are not currently issued
for cushioning devices. Therefore, PHMSA proposes a tank car
manufacturer may certify the cushioning device tested to meet the
performance standards of paragraph (b) without requiring approval from
the DCE. Safety will be maintained by continuing to require that all
systems used to meet the requirements of this section must be tested by
the manufacturer to demonstrate their ability to limit body forces to
400,000 pounds maximum at a ten miles per hour impact. In addition,
PHMSA proposes a minor editorial amendment to spell out ``ten miles per
hour'' as opposed to the numerical value.
Section 179.400-15
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-18
See ``Section IV. Section-by-Section Review; Part 179; Sections
179.100-9, 178.100-10, 179.100-18, 179.200-10, 179.200-11, 179.200-22,
179.220-10, 179.220-11, 179.300-9, 179.300-10, 179.400-11, 179.400-12,
179.400-15, and 179.400-18'' for details on the revisions proposed to
this section.
Section 179.400-19
Section 179.400-19 prescribes requirements for valves of cryogenic
liquid tank cars. PHMSA proposes to remove the separate approval
requirement for valve packing in paragraph (a)(2). The DCE will
evaluate valve packing material in the valve approval process.
Section 179.500-17
Section 179.500-17 prescribes marking requirements for DOT 107A
seamless steel tank cars. PHMSA proposes to remove the reference to the
AAR Bureau of Explosives as it is obsolete because they no longer
perform this function.
Section 179.500-18
Section 179.500-18 discusses recordkeeping for DOT 107A seamless
steel tank cars. PHMSA proposes several revisions to remove obsolete
references to approvals issued by AAR's Bureau of Explosives from
paragraphs (a) and (b)(6) and update the section to reference the DCE
in paragraph (c). The reference to AAR Bureau of Explosives is obsolete
because they no longer perform this function, and PHMSA proposes to
require DCE approval of tank car designs, rather than approval by AAR
TCC.
Appendix B to Part 179
Appendix B to part 179 specifies procedures for conducting
simulated pool and torch-fire testing of thermal protection systems, as
required by Sec. 179.18(c). Review of test results submitted to the
Department show there are some inconsistencies in the application of
the test due to the lack of certain parameters for clarity in the
procedures in Appendix B. PHMSA proposes the following revisions to
ensure consistent and repeatable application of the tests, which will
ultimately enhance safety. These proposed revisions received a
consensus vote during the May 25, 2017, RSAC meeting and were offered
to PHMSA and FRA for consideration.
Paragraph 1: PHMSA proposes to add additional text to clarify that
the sample of thermal resistance material used shall be identical
(within measurement error) for each test performed under Appendix B in
terms of thickness, and thermodynamic and physical properties.
Paragraph 2(a)(1): PHMSA proposes to revise this paragraph to
specify the location and frequency of measurements of flame temperature
throughout the duration of the test, and that calibration tests must be
performed with the steel plate in position.
Paragraph 2(a)(2): PHMSA proposes an editorial change to add metric
units to the plate dimensions, which is consistent with dimensions in
this paragraph.
Paragraph 2(b)(6): PHMSA proposes to revise this paragraph to add
language indicating the consecutive tests must be conducted separately
and at different times.
Paragraph 3(a)(1): PHMSA proposes to revise this paragraph to
indicate the location and frequency of measurements of flame
temperature throughout the duration of the test, and that calibration
tests must be performed with the steel plate in position. PHMSA
proposes that the temperature and torch velocity must be measured at a
distance of not more than 15 cm (6 in) from the test sample surface,
along the axis of the fire.
Paragraph 3(a)(2): PHMSA proposes an editorial change to add metric
units to the plate dimensions, consistent with dimensions in this
paragraph.
Paragraph 3(b)(6): PHMSA proposes to revise this paragraph to add
language indicating that the consecutive tests must be conducted
separately and at different times.
Part 180
Section 180.3
Section 180.3 details general requirements for the continuing
qualification of packagings. Paragraph (b)(3) specifies that test dates
displayed in association with certain markings may not be marked unless
they are appropriate. PHMSA proposes to add DOT-SP markings to the list
of markings in paragraph (b)(3). This proposal provides clarity, as
these markings are currently authorized but not listed in this
paragraph.
PHMSA also proposes to add paragraphs (c) and (d) to specify
[[Page 85635]]
additional provisions that are not authorized under this section.
Paragraph (c) indicates that a person may not mark that a package has
passed a test or inspection if it has not actually passed that test or
inspection. Paragraph (d) specifies that no person shall falsify a
document or marking indicating that a packaging has passed a test or
inspection. Both of these paragraphs provide additional clarity and
ensure increased safety; they do not add any new restrictions, as these
actions were not and are not authorized prior to publication of this
rulemaking.
Section 180.403
This section provides definitions for the qualification and
maintenance of cargo tanks. PHMSA proposes to revise the following
Sec. 180.403 definitions:
Repair: PHMSA proposes to utilize the existing definition
of rebarrelling to better define the term repair. As defined in Sec.
180.403, rebarrelling means ``replacing more than 50 percent of the
combined shell and head material of a cargo tank.'' Alternatively, in
the event that less than 50 percent of the combined shell and head
material is replaced, the process is considered a repair. Therefore, to
remove any ambiguity, PHMSA proposes to revise repair to include that
it means the replacement of 50 percent or less of the combined shell
and head material of a cargo tank. Finally, PHMSA proposes a minor
editorial revision to move the word ``and'' to connect the second and
third exclusion clauses. This proposed edit corrects a minor drafting
error.
The following definitions are proposed to be added to Sec.
180.403:
Certification Plate: As previously discussed, there has
been considerable confusion regarding the use of ``name plate'' or
``specification plate.'' This uncertainty is amplified when considering
the challenges associated with mounting a used ASME Code cargo tank to
a new chassis. PHMSA is proposing the addition of definitions for
``Name Plate'' and ``Specification Plate'' into Sec. 178.320; however,
these terms do not apply to a data plate attached to a cargo tank that
is still in use but is no longer authorized for construction (as
identified by Sec. 180.405(c)). The correct term for a data plate
attached to this type of tank is ``certification plate.'' Therefore,
PHMSA proposes to define ``certification plate'' to mean a data plate
containing the applicable markings provided in the original
specifications for cargo tanks no longer authorized for construction
(as identified in Sec. 180.405(c)), and permanently attached to the
cargo tank or integral supporting structure by the manufacturer. The
markings on this plate are certification by the manufacturer that the
cargo tank or the cargo tank motor vehicle has been designed,
constructed, and tested in accordance with the applicable
specification.
Maintenance: PHMSA proposes to add this definition for
ease of understanding and reading as the term ``maintenance'' is used
throughout part 180, subpart E but it is not currently defined and
PHMSA expects this proposed definition will increase clarity without
reducing safety. PHMSA proposes that Maintenance means ``the
replacement of components that do not involve welding on a cargo tank
wall, on specification cargo tanks or cargo tank motor vehicles.'' This
aligns with the current definition of repair and rebarelling as both of
these functions involve welding, while as proposed, maintenance means
replacement of components that does not involve welding.
Objectively reasonable and articulable belief: PHMSA
proposes to add a definition for the phrase ``Objectively reasonable
and articulable belief.'' This means ``a belief based on particularized
and identifiable facts that provide an objective basis to believe or
suspect that a cargo tank or series of cargo tanks may be in an unsafe
operating condition.'' This phrase will be added as a standard in Sec.
180.407(b)(5), as a condition that requires test and inspection of a
cargo tank, replacing ``probable cause.'' This phrase and definition
align with existing language for tank cars in part 180 subpart F. The
intent of this revision is to clarify the standard by which a FMCSA
investigator or other representative of the Department may require a
cargo tank to be inspected and tested prior to further transportation.
Set pressure: PHMSA and FMCSA identified potential
confusion because the terms ``set pressure'' and ``set to discharge
pressure'' are used in various places in the HMR without a
corresponding definition in Sec. 180.403. In order to increase
regulatory clarity and avoid this confusion, PHMSA proposes to define
set pressure to mean the pressure of the PRD or pressure relief system
at which it starts to open, allowing discharge. This aligns with the
definition of set pressure in Sec. 178.345-10(d) of the HMR.
Section 180.405
This section details requirements for the qualification of cargo
tanks. Paragraph (b) outlines authorized cargo tank specifications and
provides requirements for how to recertify cargo tanks that are no
longer authorized to be manufactured (e.g., MC 306, MC 307 or MC 312
specification cargo tanks). However, the HMR does not specify how to
replace a specification plate when it is missing. PHMSA has received
comments from industry and enforcement communities who have struggled
in addressing this situation because of its absence from the HMR.
Therefore, PHMSA proposes to provide standards for the replacement of
DOT specification certification plates with requirements for different
scenarios in new paragraph (b)(3), along with a documentation
requirement to provide traceability. These proposed scenarios reduce
regulatory uncertainty while ensuring that cargo tanks can safely
transport hazardous materials.
Paragraph (c)(2) details requirements for modification of PRDs and
outlets. PHMSA proposes an editorial amendment to paragraph (c)(2) by
specifying that the paragraph applies to ``cargo tank motor vehicles,''
as opposed to just ``cargo tanks'' for regulatory consistency.
Additionally, PHMSA proposes to remove paragraphs (c)(2)(i)-(vii) and
instead in paragraph (c)(2), reference Sec. Sec. 173.33(d) and
180.405(h), as these regulations are duplicative. By removing
duplicative regulations, PHMSA eliminates any potential inconsistency
between the same requirements. These proposed revisions are not
intended to change the current regulatory requirements.
PHMSA also proposes to add paragraph (c)(3) to specify that ``a
cargo tank motor vehicle manufactured and certified prior to the dates
listed in table 1 and table 2 of [Sec. 180.405] may be mounted on a
different truck chassis provided the mounting and certification is done
in accordance with this subchapter.'' This new proposed paragraph
provides regulatory clarity and allows for flexibility in mounting a
cargo tank that is no longer authorized to be manufactured onto a new
chassis, enhancing the safe transportation of hazardous materials in
cargo tanks.
Paragraph (h)(3) specifies requirements for modifying reclosing
PRDs to more current cargo tank specifications. PHMSA proposes to amend
this paragraph editorially by adding a reference to Sec. 173.33(d) and
indicating that this requirement applies to a ``cargo tank motor
vehicle,'' instead of just a ``cargo tank.''
Paragraph (j) indicates requirements for withdrawal of a
specification cargo tank certification. PHMSA proposes to revise this
paragraph to indicate when the specification plate is removed,
obliterated, or securely covered, it must withstand conditions normally
incident
[[Page 85636]]
to transportation. FMCSA has encountered cargo tank motor vehicles
where adhesive tape or other non-durable method has been used to cover
the specification plate but the covering has worn off or been removed;
thus, the cargo tank may indicate that it meets a specification when it
is no longer in compliance. This proposal is intended for clarification
purposes and thus, will enhance safety, as the specification plate
should not currently be displayed if the cargo tank does not meet the
appropriate specification referenced. PHMSA also proposes minimal
editorial amendments to this paragraph to align with the rest of the
HMR. Specifically, PHMSA proposes to replace ``cargo tank'' with
``cargo tank motor vehicle,'' ``certificate'' with ``Certificate of
Compliance,'' and re-order the references to Sec. Sec. 180.407 and
180.413 so that Sec. 180.407 appears first.
Lastly, PHMSA proposes to add paragraph (p) to specify that at the
next external visual inspection after the effective date of this final
rule, Registered Inspectors must inspect the mechanical means of remote
closure to ensure that access or means of manual operation is
unobstructed from operation. This proposal mirrors the language
proposed in Sec. Sec. 178.337-8, 178.338-11, and 178.345-11. FMCSA has
encountered cargo tank motor vehicles where the mechanical means of
remote shut off device has been obstructed by various appurtenances and
equipment that were added after the date of manufacture. As
obstructions to the manual remote emergency shut off device may result
in an incident, PHMSA proposes to add this paragraph in order to
address this safety concern.
Section 180.407
This section contains requirements for properly conducting tests
and inspections on cargo tank motor vehicles. Since 2003 (when PHMSA
last published a cargo tank-specific rulemaking) PHMSA has issued more
than 50 letters of interpretation related to Sec. 180.407. In
addition, FMCSA issued over 550 violations related to this section in
2019 alone. In listening sessions, enforcement actions, and questions
raised during FMCSA/NTTC Cargo Tank Workshops, the cargo tank regulated
community has expressed concerns regarding the implementation of this
section. PHMSA and FMCSA acknowledge that the requirements of Sec.
180.407, as currently written, generate confusion and create compliance
issues in the cargo tank regulated community. To address this confusion
and increase understanding of, and compliance with, cargo tank testing
and inspection requirements, PHMSA proposes to amend certain
paragraphs, as described below. Ultimately, PHMSA expects that by
reducing confusion and providing increased clarity, these proposed
amendments will increase safety. Please note that paragraphs not
discussed below but contained in the proposed regulatory text, do not
contain proposed changes, but rather are included in the proposed
regulatory text for the convenience of the Federal Register.
Paragraph (a)(1)
This paragraph currently specifies a cargo tank constructed in
accordance with a DOT specification, for which a test or inspection has
become due, may not be filled and offered for transportation or
transported until the test or inspection has been successfully
completed. PHMSA proposes several revisions to provide more regulatory
clarity, which ensures further compliance with the HMR.
PHMSA proposes to specify this paragraph applies to a ``cargo tank
motor vehicle'' instead of a ``cargo tank'' as this is more technically
correct and aligns with other proposals.
PHMSA also proposes to indicate this paragraph also applies to
cargo tank motor vehicles that may not be a DOT specification but may
be otherwise subject to this section. This increases safety by ensuring
that a cargo tank transporting hazardous materials is not filled and
offered if the part 180 subpart E test or inspection date has passed,
regardless if it is a specification cargo tank. For example, Sec.
180.407(h) details requirements for certain non-specification cargo
tank leakage test requirements. This proposal ensures these non-
specification cargo tank motor vehicles may not be filled and offered
for transportation if the leakage test date has passed and the cargo
tank motor vehicle has not been retested.
Lastly, PHMSA proposes to indicate more clearly that a cargo tank
motor vehicle filled prior to the test or inspection due date may still
be offered for transportation or transported after the test or
inspection due date has passed, as also indicated in Sec.
173.33(a)(3). This is currently authorized in the HMR and this proposal
reinforces that allowance. Furthermore, while Sec. 173.33(a)(3) refers
to Sec. 180.407(a)(1), there is no reciprocal reference to Sec.
177.33(a)(3) in Sec. 180.407(a)(1). Therefore, PHMSA proposes to
reinforce the allowance for a cargo tank to be offered for
transportation after the inspection or test date has passed, as long as
the cargo tank was filled prior to the inspection or test expiration,
and add a reference to Sec. 173.33(a)(3) to complete the cross-
reference. As this is currently authorized, this proposed revision
provides clarity without reducing safety.
Paragraph (a)(2)
This paragraph specifies that, except during a pressure test, a
cargo tank may not be subjected to a pressure greater than its design
pressure or MAWP. PHMSA proposes an editorial amendment to specify that
the MAWP referenced in this requirement is the one marked on the name
plate or specification plate. These editorial revisions will enhance
clarity, and PHMSA does not expect they will reduce safety.
Paragraph (a)(5)
This paragraph requires a cargo tank to be marked in accordance
with Sec. 180.415 when it has passed a test or inspection. PHMSA
proposes an editorial amendment to change ``cargo tank'' to the more
appropriate ``cargo tank motor vehicle.''
Paragraph (a)(6)
This paragraph contains requirements for a cargo tank that has
failed a prescribed test or inspection. PHMSA proposes to specify that
the paragraph applies to a ``cargo tank motor vehicle'' instead of a
``cargo tank'' as an editorial amendment.
While paragraph (a)(6) only applies to a cargo tank that has failed
a prescribed test or inspection, there is a potential regulatory gap
for a cargo tank that was improperly tested. It is possible that an
improperly tested cargo tank motor vehicle may have failed the
prescribed test or inspection if it had been properly conducted. To
address this safety gap, PHMSA proposes to require that paragraph
(a)(6) also applies to a cargo tank motor vehicle that ``has not been
properly inspected.'' Therefore, if it has been improperly inspected,
the cargo tank motor vehicle can be retested or taken out of hazardous
materials service.
Paragraph (a)(6)(ii)
This paragraph specifies when meeting the criteria in paragraph
(a)(6) (e.g., a cargo tank has failed a prescribed test or inspection),
a cargo tank must be removed from hazardous materials service and the
specification plate must be removed or covered in a secure manner.
PHMSA proposes to revise this paragraph to specify when the
specification plate is covered, it must be covered in a manner that
can, at a minimum, withstand conditions normally incident to
transportation. As noted in ``Section IV. Section-by-Section
[[Page 85637]]
Review; Part 180; Section 180.405,'' FMCSA has encountered cargo tank
motor vehicles where adhesive tape or another non-durable method was
used to cover the specification plate, but the covering had worn off or
been removed. Therefore, the specification plate indicates the cargo
tank motor vehicle meets a specification when it is actually no longer
in compliance. This proposal aims to reduce the likelihood of this
occurring and increase safety. Note that this is a clarifying amendment
and even though not in the regulations, it is currently good practice
to cover the specification plate in such a way that ensures any
covering can withstand conditions normally incident to transportation.
Paragraph (a)(7)
PHMSA proposes to add this paragraph to specify all equipment and
instruments used in part 180 subpart E tests and inspections must be
calibrated and maintained according to the manufacturer's instructions.
FMCSA has found numerous instances of poorly maintained or uncalibrated
equipment being used to qualify cargo tank motor vehicles. This change
aims to eliminate any errors in testing caused by poorly maintained
equipment and ultimately, increase safety. Additionally, to ensure
compliance with this requirement, PHMSA proposes to require the
facility to maintain records of the calibration and to retain a copy of
the two most recent calibrations, which must be made available to a
representative of the Department upon request.
Paragraph (a)(8)
PHMSA proposes to add paragraph (a)(8) to allow for the use of
video cameras or fiber optic equipment during any test or inspection,
provided that all of the required areas and elements that need to be
tested or inspected can be viewed and evaluated in accordance with part
180 subpart E. This provides flexibility in performance of tests and of
inspections, while maintaining an equivalent level of safety. Records
of the test and inspections must be recorded, as currently required in
Sec. 180.417, but there is no requirement to maintain the video camera
recordings.
Paragraph (a)(9)
PHMSA proposes to add this paragraph to require the use of the
hydrostatic test method for the pressure test whenever the test
pressure exceeds 50 psig, except for DOT Specification MC 338 cargo
tank motor vehicles in cryogenic service. Essentially, this new
paragraph restricts the use of pneumatic testing whenever the test
pressure exceeds 50 psig. There is a significant reduction in the
potential for serious injury or death when comparing the pneumatic test
to the hydrostatic test at high pressures, due to the incompressible
properties of water. Therefore, this proposal ensures that a
hydrostatic test is used to test cargo tanks at high pressures to
address the high potential safety concern from use of pneumatic
testing. In addition, this new paragraph mirrors the limitation for
testing of small gas cylinders pneumatically.
PHMSA also proposes to specify that ``in all pressure and leakage
tests, suitable safeguards must be provided to protect personnel should
a system failure occur.'' This proposed requirement aims to minimize
the risks and reduce the impact of incidents, including the sudden
release of compressed air or liquid, and flying debris, associated with
performance of pressure tests.
Paragraph (a)(10)
PHMSA proposes to add this paragraph to require that the Registered
Inspector must consult with the owner or motor carrier, as appropriate,
to determine if materials corrosive or reactive to the cargo tank or
components were transported in the cargo tank motor vehicle prior to or
since the last test or inspection was performed. The Registered
Inspector shall indicate this information on the Sec. 180.415 report
and use the information to determine the proper tests and inspections
to be conducted on the cargo tank motor vehicle. Cargo tank motor
vehicles that have transported material corrosive to the tank are
subject to a thickness test, and more frequent internal visual
inspections to ensure the lading has not reduced the thickness of the
tank below the minimum required thickness. Registered Inspectors often
comment to FMCSA that they have no way of determining what the cargo
tank motor vehicle has transported since the last inspection, and
therefore, this proposed requirement aims to remedy the concerns raised
by Registered Inspectors. This also ensures the proper tests and
inspections are conducted on the cargo tank motor vehicle based on the
hazardous materials that were transported in the cargo tank, which
increases the future safe transportation of the cargo tank motor
vehicle.
Paragraph (a)(11)
This new proposed paragraph requires all sources of spark, flame,
or glowing heat within the area of enclosure where the tests and
inspections are conducted (including any heating system drawing air
therefrom) are extinguished, made inoperable, or rendered explosion-
proof by a suitable method prior to any tests or inspections subject to
this subpart. PHMSA and FMCSA expect that this proposal will reduce the
potential for any incidents involving spark, flame, or glowing heat.
PHMSA and FMCSA expect that this new paragraph reduces the potential
for any incidents involving sparks, flames, or glowing heat while
conducting cargo tank tests and inspections and therefore, increases
safety.
Paragraph (b)(1)
This paragraph details certain tank defects that require a cargo
tank to be tested and inspected without regard to any other test or
inspection requirements. PHMSA proposes to revise this paragraph by
adding ``bulges'' to the list of tank defects. If the cargo tank shows
evidence of bulges, it demonstrates a potential failure in the
structural integrity of the cargo tank. Therefore, to ensure continued
safe transportation of hazardous materials in cargo tanks, PHMSA
proposes to add this additional tank defect to the list that requires
test and inspection. In addition, PHMSA proposes editorial amendments
to this paragraph including adding a reference to the definition of
minimum thickness in Sec. 178.320, and other grammatical edits for
increased readability.
Paragraph (b)(3)
This paragraph specifies a cargo tank that has been out of
hazardous materials transportation service for a period of one year or
more must be pressure tested in accordance with Sec. 180.407(g), prior
to returning to service. PHMSA proposes minor editorial edits to this
paragraph, including specifying that this paragraph applies to a
``cargo tank motor vehicle'' instead of ``cargo tank'', specify ``one
year'' as a numerical value for grammatical purposes, and that the
pressure test is required prior to further use ``in hazardous materials
transportation.'' These editorial amendments help to increase
regulatory consistency and clarity, thus ensuring safe transportation.
Paragraph (b)(5)
This paragraph currently states that a specification cargo tank
must be tested and inspected if the Department so requires based on the
existence of probable cause that the cargo tank is in an unsafe
operating condition. The term ``probable cause'' normally refers to
criminal matters and not necessarily an appropriate standard to apply
to
[[Page 85638]]
scenarios requiring test and inspection of cargo tanks. Therefore,
PHMSA proposes to replace ``probable cause'' with ``objectively
reasonable and articulable belief.'' This standard is currently in use
in part 180 subpart F for tank cars, and PHMSA believes it is also the
proper standard for cargo tanks in part 180 subpart E.
PHMSA takes the position that if an investigator inspects a cargo
tank motor vehicle and determines it is in need of inspection or re-
inspection because evidence has been discovered that the original tests
were not performed in accordance with the regulations--or because of
defects in the cargo tank motor vehicle itself--that these facts are
sufficiently considered an ``objectively reasonable and articulable
belief.'' Therefore, PHMSA proposes to revise this paragraph to replace
``probable cause'' with ``objectively reasonable and articulable
belief.'' This amendment will provide clarity on when an investigator
can require testing and inspection (or reinspection), thus ensuring
cargo tanks are safe for transport.
Paragraph (c)
This paragraph specifies each specification cargo tank must be
tested and inspected in accordance with the table listed under
paragraph (c). PHMSA proposes the following editorial amendments for
clarity:
Specify the most recent inspection is one ``completed in
accordance with the requirements in part 180;''
Spell out ``cargo tank motor vehicle'' instead of the
abbreviation ``CTMV;''
Clarify that the inspector in question must be a
Registered Inspector; and
Clarify that this paragraph should apply to a ``cargo tank
motor vehicle subject to this subpart'' instead of a ``specification
cargo tank.''
These proposed amendments ensure regulatory consistency, thus
enhancing safety.
Paragraph (d)(1)
This paragraph applies to the external visual inspection of cargo
tank motor vehicles, and states that where insulation precludes a
complete external visual inspection as required by Sec. Sec.
180.407(d)(2) through (d)(6), the cargo tank must also be given an
internal visual inspection in accordance with Sec. 180.407(e). PHMSA
proposes to add ``coverings such as wrappings and coatings'' as
materials that can preclude a complete external visual inspection to
paragraph (d)(1). This is consistent with Letters of Interpretation
Reference Nos. 14-0110, 15-0221, 15-0226, 16-0049, 20-0013, and 20-0038
and this proposal will provide regulatory clarity without reducing
safety.
Paragraph (d)(2)(i)
This paragraph specifies the tank shell and heads must be inspected
during the external visual inspection. PHMSA proposes to require that
``during the inspection of the cargo tank shell and heads, all pad
attachments on either the cargo tank shell or head shall be inspected
for method of attachment or other conditions that may render the
appurtenance as unsafe.'' This proposed requirement ensures that the
pad attachments are properly functioning, which increases the safe
transportation of hazardous materials in cargo tanks.
Additionally, PHMSA proposes to specify that the tank shell and
heads must be ``evaluated in accordance with Sec. 180.411.'' This
proposed editorial amendment provides additional regulatory clarity to
cross-reference the current evaluation requirements and therefore,
increase compliance.
Paragraph (d)(2)(ii)
Paragraph (d)(2)(ii) specifies external visual inspection
requirements for piping, valves, and gaskets. PHMSA proposes to specify
that this paragraph applies to the piping system, which includes
flexible connectors in addition to the currently identified piping,
valves and gaskets. This proposal provides regulatory clarity as it
expands the specificity of what constitutes the piping system and
therefore, increases regulatory compliance and thus, safety.
Paragraph (d)(2)(iv)
This paragraph specifies inspection requirements for emergency
devices and valves during the external visual inspection. PHMSA
proposes to indicate editorially that remote closure devices include
``all emergency discharge control systems and delivery hoses required
by Sec. 173.315(n).'' This proposal is intended to provide clarity
compared to the existing regulatory language and is not intended to
subject new devices and valves to this requirement. Therefore, this
proposal provides additional regulatory clarity to ultimately increase
regulatory compliance and safety.
PHMSA also proposes instead of specifying all emergency devices and
valves must be ``free from'' corrosion, distortion, erosion, and any
external damage that will prevent safe operation, that they have to be
``inspected for'' this type of damage. This editorial proposal
reinforces that in order to ensure the emergency discharge devices and
valves do not have any corrosion, distortion, erosion, and/or any
external damage that will prevent operation. The emergency discharge
devices and valves must be inspected as part of the external visual
inspection at the interval prescribed in Sec. 180.407(c). While not
currently specified in paragraph (d)(2)(iv), inspection of emergency
discharge devices and valves is referenced in Sec. 180.417. Therefore,
to remove any potential confusion or regulatory inconsistency, PHMSA
proposes to add inspection to paragraph (d)(2)(iv). Ultimately, PHMSA
expects this clarity will increase safety of cargo tank motor vehicle
hazardous materials transportation.
PHMSA further proposes two editorial amendments to the currently
effective requirement that ``remote closure devices and self-closing
stop valves be functioned to demonstrate proper operation.''
Specifically, PHMSA proposes to revise the requirement from ``remote
closure devices'' to ``all emergency closure devices'' consistent with
proper terminology throughout the rest of the paragraph. In addition,
for grammatical correctness, PHMSA proposes to rewrite the requirement
to indicate the equipment must be ``operated to demonstrate proper
functioning'' instead of ``functioned to demonstrate proper
operations.'' Therefore, this sentence is proposed to read, ``All
emergency closure devices and self-closing stop valves must be operated
to demonstrate proper functioning.''
Lastly, this paragraph does not indicate a required distance for
testing remote shutoff devices. PHMSA proposes to specify ``the
distance for testing non-mechanical remote shutoff devices must be in
accordance with the original device manufacturer's specification.''
This ensures the non-mechanical remote shutoff device operates safely,
as it was originally manufactured to function, and follows optimum
testing parameters, which increases safety of cargo tank motor
vehicles.
Paragraph (d)(2)(viii)
This paragraph requires all major appurtenances and structural
attachments and those elements of the upper coupler assembly that can
be inspected without dismantling the upper coupler, must be inspected
for any corrosion or damage that may prevent safe operation during the
external visual inspection. Section 178.320 defines an appurtenance as
any attachment to a cargo tank that has no lading retention or
containment function and provides no structural
[[Page 85639]]
support to the cargo tank. However, the HMR does not define ``major
appurtenances'' and therefore, the ``major'' qualifier is ambiguous.
Therefore, to eliminate the ambiguity and for consistency with the
definition of an appurtenance, PHMSA proposes to remove the term
``major.'' PHMSA expects this regulatory clarity will improve
compliance and ultimately, safety.
In addition, the issue of whether the king pin should be checked as
part of the external visual inspection, and, if so, what criteria
should be used, was raised at one of the previously referenced cargo
tank technical information sessions. Participants at the session
recommended that language be added to state clearly that the king pin
is part of the upper coupler assembly. Therefore, as PHMSA expects this
increases regulatory compliance and safety, PHMSA proposes to add a
clarifier that the upper coupler includes the king pin, while
subsequently removing the term ``fifth wheel.''
Paragraphs (d)(2)(ix) and (g)(1)(iii)
These paragraphs provide inspection requirements of areas covered
by the upper coupler assembly. Paragraph (d)(2)(ix) requires this
inspection occurs during the external visual inspection for cargo tanks
carrying lading corrosive to the cargo tank and paragraph (g)(1)(iii)
requires that this inspection occurs during the pressure test for cargo
tanks that do not transport lading corrosive to the cargo tank. PHMSA
proposes similar amendments in both paragraphs.
First, PHMSA proposes editorial amendments by specifying these
paragraphs apply to ``cargo tank motor vehicles'' as opposed to ``cargo
tanks,'' consistent with other proposals. In addition, and consistent
with proposed amendments in paragraph (d)(2)(viii), PHMSA proposes to
remove the references to ``fifth wheel,'' as it is no longer necessary.
See ``Section IV. Section-by-Section Review; Part 180; Section 180.407;
Paragraphs (d)(2)(viii)'' for further discussion on this proposal.
Additionally, in paragraph (d)(2)(ix), PHMSA proposes to revise ``two-
year period'' as a numerical value for grammatical consistency.
Furthermore, PHMSA proposes to specify the upper coupler assembly
can be removed from the cargo tank for inspection under certain
conditions. On some cargo tank motor vehicles, there is sufficient area
above the upper coupler and below the bottom of the cargo tank to
inspect the bottom of the cargo tank without removing the upper
coupler. PHMSA proposes to allow for the inspection of the tank above
the upper coupler where there is sufficient area above the upper
coupler and below the bottom of the cargo tank to inspect the tank
surface when conducting the inspection by directly viewing the cargo
tank. The ability for direct viewing means the area can be inspected
without the use of an aid, such as mirrors, cameras, or fiber optics.
This proposal is consistent with letters of interpretation issued by
PHMSA.\57\ Furthermore, this allowance means that the upper coupler can
remain attached, which reduces the potential for improper reattachment,
while maintaining the safety standard for inspection (complete visual
inspection of the cargo tank shell).
---------------------------------------------------------------------------
\57\ See Letters of Interpretation Reference Nos. 02-0290 and
11-0059. See Letter of Interpretation Reference No. 02-0290: https://www.phmsa.dot.gov/regulations/title49/interp/02-0290. See Letter of
Interpretation Reference No. 11-0059: https://www.phmsa.dot.gov/regulations/title49/interp/11-0059.
---------------------------------------------------------------------------
Finally, to reinforce current FMCSR requirements, PHMSA proposes to
specify that when the upper coupler assembly is removed from the cargo
tank motor vehicle, it must be reattached in accordance with the
manufacturer's instructions and 49 CFR 393.70, the Federal Motor
Carrier Safety Regulation section that covers couplers. This proposal
reinforces current requirements to ensure the upper coupler assembly is
replaced safely and correctly.
Paragraph (d)(2)(ix)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(2)(ix) and (g)(1)(iii)'' for a discussion on
the proposed changes in this paragraph.
Paragraphs (d)(3), (d)(3)(i), and (d)(3)(ii)
Paragraph (d)(3) specifies the inspection requirements for
reclosing pressure relief valves. PHMSA proposes to split the current
requirements into two new paragraphs to distinguish the requirements
more clearly and increase compliance. Subsequently, PHMSA proposes to
add introductory language to paragraph (d)(3) to specify the
requirements of paragraph (d)(3)(i) and (ii) apply to reclosing
pressure relief devices. Additionally, PHMSA proposes to amend all
references in new paragraphs (d)(3)(i) and (ii) to ``pressure relief
valves'' as ``pressure relief devices'' for consistency with the rest
of the HMR.
PHMSA proposes that paragraph (d)(3)(i) contains the first sentence
of current paragraph (d)(3). Currently, this requires that all
reclosing pressure relief valves be externally inspected for corrosion
and damage, which might prevent safe operation. PHMSA proposes no other
revisions than the editorial amendment described above.
PHMSA proposes that new paragraph (d)(3)(ii) contains the last two
sentences of current paragraph (d)(3). Currently, these last two
sentences require that all reclosing pressure relief valves that carry
lading corrosive to the cargo tank be removed for inspection and
testing. Furthermore, the requirement to remove and test reclosing
pressure relief valves must be done in accordance with Sec.
180.407(j). In addition to the editorial amendment described above,
PHMSA proposes to consolidate these two sentences into one sentence as
the introductory language in the second sentence is duplicative. This
consolidation aims at reducing any ambiguity and streamlining the
requirement to increase compliance. PHMSA proposes to specify the
paragraph applies to ``cargo tank motor vehicles'' instead of just
``cargo tanks,'' consistent with other proposed amendments. Lastly,
PHMSA proposes to qualify editorially that by ``testing'' the
requirement is for ``bench testing'' to reduce any potential confusion.
Paragraphs (d)(3)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraphs (d)(3)(i)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraphs (d)(3)(ii)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)'' for a discussion
on the proposed changes in this paragraph.
Paragraph (d)(4)
This paragraph requires ring stiffeners or other appurtenances must
be thickness tested at least once every two years. PHMSA proposes
editorial revisions, including removing the term ``other'' in reference
to appurtenances, specifying the paragraph applies to ``cargo tank
motor vehicles'' instead of ``cargo tanks,'' and minor grammatical
revisions to align this paragraph with other proposals.
Paragraph (d)(7)
Paragraph (d)(7) requires that an inspector must record the results
of an external visual examination. PHMSA
[[Page 85640]]
proposes to move the current requirements of paragraph (d)(7) to a new
paragraph (d)(9). In its place, PHMSA proposes that paragraph (d)(7)
requires external ring stiffeners to be inspected for corrosion,
pitting, abraded areas, or damage, and repaired as appropriate during
external visual inspection. Ring stiffeners are installed on cargo tank
motor vehicles to provide structural support, however, the HMR do not
currently require that they are inspected and repaired as appropriate.
If the external ring stiffeners fail because they were not inspected
and repaired appropriately, the cargo tank motor vehicles would be left
vulnerable to an incident, therefore, PHMSA proposes this new
requirement to eliminate a potential safety gap.
Paragraph (d)(8)
PHMSA proposes this new paragraph to require Registered Inspectors
to inspect weld repairs for leakage and weld defects. Furthermore,
PHMSA proposes that the Registered Inspector verify the weld repair was
done in accordance with Sec. 180.413. FMCSA determined an incident
resulting in death and injuries occurred because the welded repairs
were not conducted in accordance with the HMR and the repair facility
did not hold the appropriate certificates. To avoid this type of
incident in the future and ensure the continued safe transportation of
hazardous materials in specification cargo tank motor vehicles, PHMSA
proposes to add this verification requirement to reduce improper
welding operations.
Paragraph (d)(9)
Based on proposed amendments in paragraphs (d)(7) and (8), PHMSA
proposes to move the current requirements of paragraph (d)(7) to new
paragraph (d)(9). As previously discussed, current paragraph (d)(7)
requires that the inspector must record the results of the external
visual examination as specified in Sec. 180.417(b). PHMSA does not
propose any additional amendments to this paragraph.
Paragraph (f)
This paragraph provides requirements for lining inspections. The
introductory sentence to this paragraph specifies the integrity of the
lining on all lined cargo tanks must be verified at least once each
year as outlined in paragraph (f). PHMSA identified that this paragraph
may be interpreted as contradicting the periodic test and inspection
table found under Sec. 180.407(c), which specifies that all lined
cargo tanks transporting lading corrosive to the tank, must undergo a
lining inspection every year. To reduce this confusion, PHMSA proposes
to revise this paragraph to specify only cargo tank motor vehicles that
are required to be lined are required to undergo an annual lining
inspection as specified in the rest of paragraph (f).
Paragraph (f)(2)
This paragraph states that linings not made of rubber must be
tested using equipment and procedures prescribed by the lining
manufacturer or lining installer. PHMSA proposes to revise paragraph
(f)(2) to specify ``[f]or linings made of materials other than rubber
(elastomeric material), the owner of the cargo tank motor vehicle must
obtain documentation from the lining manufacturer or installer that
specifies the proper procedures for lining and inspection. This
documentation must be provided to the Registered Inspector before
inspection.'' PHMSA expects this requirement will ensure the lining is
being properly inspected. Currently, a cargo tank motor vehicle owner
is responsible for information regarding the cargo tank motor vehicle,
including information on the lining. Additionally, the cargo tank motor
vehicle owner should have this information, because, in some cases, the
cargo tank motor vehicle is lined upon purchasing, and thus, the
information is provided during the course of ownership. However,
because it is currently not specified in the HMR, manufacturers may not
have this information readily available for Registered Inspectors
during inspections. Therefore, this proposed requirement ensures the
availability of this documentation to Registered Inspectors to make
certain the lining is properly inspected, which increases safety.
Paragraph (f)(3)
Paragraph (f)(3) details requirements for degraded or defective
areas of the cargo tank liner. As an editorial amendment, PHMSA
proposes to revise ``liner'' as ``lining'' as this is more appropriate
terminology, consistent with the rest of Sec. 180.407.
Additionally, PHMSA proposes to add a sentence at the end of the
paragraph to require that if ``degraded or defective areas of the cargo
tank lining are repaired or if the lining is replaced, it must comply
with the lining manufacturer's or installer's procedures, subject to
the lining requirements of the HMR.'' This aligns with the proposed
requirement in paragraph (f)(2) to require that the cargo tank motor
vehicle owner provide a Registered Inspector with documentation from
the lining owner for inspection and testing. See ``Section IV. Section-
by-Section Review; Part 180; Section 180.407; Paragraph (f)(2).'' If
the lining is repaired or replaced without being in compliance with the
lining manufacturer or installer's procedures, it may affect the
structural integrity of the cargo tank. Therefore, this proposed
requirement is in the interest of safety and aligns with general
industry practice.
Paragraph (g)(1)(ii)
This paragraph details pressure test procedures for self-closing
pressure relief valves. PHMSA proposes editorial amendments to this
paragraph. These amendments include updating terminology to align more
appropriately with other references in the HMR, revising ``pressure
relief valves'' to ``pressure relief devices,'' and specifying the
self-closing PRDs must be removed from the cargo tank motor vehicle
(instead of cargo tank).
Paragraph (g)(1)(iii)
See ``Section IV. Section-by-Section Review; Part 180; Section
180.407; Paragraph (d)(2)(ix) and (g)(1)(iii)'' for a discussion on the
proposed changes in this paragraph.
Paragraph (g)(1)(viii)
This paragraph details requirements for pressure testing of cargo
tanks by the hydrostatic test method. PHMSA proposes editorial
corrections to this paragraph. PHMSA believes that the terms
``including its domes'' and ``to not less than the pressure'' do not
contribute to the clarity of the paragraph. Therefore, PHMSA proposes
to remove the language from the paragraph to ensure increased clarity,
compliance, and ultimately increase safety. Additionally, PHMSA
proposes to spell out numerically ``10 minutes'' for grammatical
accuracy consistent with other proposals.
Paragraph (g)(3)
This paragraph details requirements for the internal inspection by
wet fluorescent magnetic particle method for MC 330 and MC 331 cargo
tanks. PHMSA proposes to update the IBR of CGA Technical Bulletin TB-2
to CGA Technical Bulletin P-26 (formerly TB-2) in Sec. 171.7. See
``Section IV. Section-by-Section Review; Part 171; Section 171.7'' for
a discussion on the proposed change to this IBR. As this IBR is
referenced in paragraph (g)(3), PHMSA proposes to update the reference
to specify the new name of the CGA Technical Bulletin.
[[Page 85641]]
Paragraph (g)(6)
Paragraph (g)(6) specifies the acceptance criteria that must be met
before a cargo tank can be returned to service. PHMSA proposes to
remove the terms ``pneumatic inspection pressure'' and ``excessive
permanent expansion.'' The ``pneumatic inspection pressure'' term is
outdated and ``excessive permanent expansion'' is duplicative because
it is covered by the acceptance criteria of ``shows distortion'' in the
paragraph. Lastly, PHMSA proposes to specify this paragraph applies to
``cargo tank motor vehicles'' as opposed to just ``cargo tanks.'' These
proposals increase regulatory clarity and therefore, increase the safe
transportation of hazardous materials.
Paragraph (h)(1)
Paragraph (h)(1) specifies leakage test requirements. In paragraph
(h)(1), PHMSA proposes to make several editorial amendments. PHMSA
proposes to replace the requirement that the leakage test must include
``testing product piping'' to instead require that the leakage test
include ``all components of the cargo tank wall, and the piping
system.'' Furthermore, PHMSA proposes to revise ``accessories'' and
``venting devices'' to read as ``pressure relief devices.'' Lastly,
PHMSA proposes to spell out ``percent'' instead of using the percent
sign (%). These changes are intended to align with more current
terminology and not revise the intent of these requirements. Therefore,
PHMSA expects this proposed change makes the regulations clearer, which
ultimately increases safety.
Paragraph (h)(1)(i)
This paragraph provides an alternate leakage test pressure for a
cargo tank with an MAWP of 690 kPA (100 psig) or more. PHMSA proposes a
minor editorial revision specifying this paragraph applies to a ``cargo
tank motor vehicle'' instead of a ``cargo tank,'' which aligns with
other proposed changes.
Paragraph (h)(1)(ii)
Paragraph (h)(1)(ii) provides an alternate leakage test pressure
for an MC 330 or MC 331 cargo tank in dedicated liquefied petroleum gas
service. Consistent with paragraph (h)(1)(iii), PHMSA proposes to
include non-specification cargo tank motor vehicle authorized under
Sec. 173.315(k) in this paragraph. In addition, PHMSA proposes an
editorial amendment to correct the spelling of ``liquified'' to
``liquefied.''
Paragraph (h)(1)(iii)
This paragraph authorizes a leakage test pressure exception for an
MC 330 or MC 331 cargo tank, and a non-specification cargo tank
authorized under Sec. 173.315(k) equipped with a meter. PHMSA proposes
a minor editorial revision consistent with other proposals to specify
this paragraph applies to ``cargo tank motor vehicles'' instead of
``cargo tanks.''
Paragraph (h)(1)(iv)
This paragraph provides an alternate leakage test pressure for an
MC 330 or MC 331 cargo tank in dedicated service for anhydrous ammonia.
PHMSA proposes minor editorial revisions to specify this paragraph
applies to ``specification MC 330 or MC 331 cargo tank motor
vehicles.''
Paragraph (h)(2)
Paragraph (h)(2) details leak test authorizations for cargo tanks
used to transport petroleum distillate fuels that are equipped with
vapor collection equipment. PHMSA proposes a minor editorial amendment
to specify this paragraph applies to ``cargo tank motor vehicles''
instead of ``cargo tanks'' consistent with correct terminology and
other proposals.
Paragraph (h)(3)
This paragraph requires that if a cargo tank fails to retain
leakage test pressure, it may not be returned to service as a
specification cargo tank, except under conditions specified in Sec.
180.411(d). PHMSA proposes editorial amendments to indicate that this
paragraph applies to ``cargo tank motor vehicles'' instead of ``cargo
tanks.'' Furthermore, PHMSA proposes to include leaks as another reason
why the cargo tank may not be returned to service. A cargo tank motor
vehicle that is leaking would not pass a leakage test if one was
conducted and thus, should be subject to this paragraph and subject to
repair immediately. Therefore, a leakage test would not have to be
performed on the leaking cargo tank motor vehicle before the cargo tank
motor vehicle is subject to repair. The intent of this revision is to
support the safe transportation of hazardous materials in cargo tank
motor vehicles by allowing leaking tanks to be repaired more
efficiently. Lastly, PHMSA proposes to remove the specific reference to
Sec. 180.411(d) as how a cargo tank motor vehicle is returned to
service. Section 180.411(d) requires all sources of leakage must be
repaired. Instead of requiring the reader to turn to another section
with minimal instruction, PHMSA proposes to add plain language to
indicate the cargo tank motor vehicle must be repaired as required by
this subpart before returning to service. PHMSA expects that this
provides regulatory clarity and therefore, aids in increased safety.
Paragraph (h)(4)
This paragraph specifies the inspection requirements for delivery
hose assembly and piping systems of specification MC 330 and MC 331
cargo tank motor vehicles and non-specification cargo tank motor
vehicles authorized under Sec. 173.315(k). PHMSA proposes editorial
amendments in this paragraph. First, PHMSA proposes to remove the July
1, 2000, reference as this date has passed and is no longer needed.
PHMSA also proposes to specify this paragraph applies to Registered
Inspectors ``conducting a leakage test'' to reinforce the general
applicability of paragraph (h). Lastly, PHMSA proposes to revise all
references of ``cargo tanks'' to ``cargo tank motor vehicles,''
consistent with other proposals. These proposed editorial amendments
help to increase regulatory clarity and ultimately, increase safety.
On August 1, 2012, in response to various incidents and NTSB Safety
Recommendations H-12-1 through H-12-6, FMCSA issued a notice \58\
regarding hoses used for the transfer of Anhydrous Ammonia and
Liquefied Petroleum Gas from cargo tank motor vehicles to storage
tanks, and vice versa. This notice reinforced the potential hazards and
importance of safety requirements for these hoses, which are subject to
emergency discharge control requirements in Sec. 173.315(n).
Therefore, to reinforce the need to have these hoses tested and
inspected, PHMSA proposes to specify the applicability of the
requirements for delivery hose assembly and piping systems in this
paragraph includes any delivery hose assembly used to meet Sec.
173.315(n). PHMSA expects that codifying this information in the HMR
will increase compliance and therefore, increase safety.
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\58\ See the August 1, 2012, notice at: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Important%20Notice%20Regarding%20Anhydrous%20Ammonia%20and%20Liquefied%20Petroleum%20Gas%20Hoses_508CLN.pdf.
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PHMSA also proposes to add a sentence to indicate ``the test
pressure of the delivery hose assembly must be at least 80 percent of
the MAWP of the cargo tank.'' This provides regulatory clarity to
increase safety and is not intended to revise current inspection
requirements.
Lastly, in review of this paragraph, PHMSA and FMCSA identified
that the sentence ``[d]elivery hose assemblies not
[[Page 85642]]
permanently attached to the cargo tank motor vehicle may be inspected
separately from the cargo tank motor vehicle'' may potentially be
confusing language. As currently required in Sec. 180.416(e), a
delivery hose assembly that is not permanently attached to a cargo tank
is required to be annually tested in accordance with Sec.
180.407(h)(4). However, because Sec. 180.407(h)(4) only uses the term
``inspection'' without the term ``testing,'' there is potential
ambiguity on how a person tests a delivery hose assembly that is not
permanently attached to a cargo tank. To remove this ambiguity, PHMSA
proposes to revise ``separately from the cargo tank motor vehicle'' to
``and tested while not attached to the cargo tank motor vehicle.'' By
reducing any potential ambiguity, PHMSA expects this will increase
compliance and ultimately, safety.
Paragraph (i)(4)(v)
This paragraph requires thickness testing be performed on the areas
around shell reinforcements. PHMSA proposes to add emphasis that the
areas around shell reinforcements include the areas ``around all ring
stiffeners and the areas in the bottom half of the cargo tank.'' PHMSA
expects this proposed language will aid in regulatory understanding to
ultimately increase safety, without altering the intent of this
section.
Paragraph (i)(6)
Paragraph (i)(6)(ii) requires that the cargo tank motor vehicle
nameplate must reflect revised service limits as one of the conditions
to continue using a cargo tank that no longer conforms to the minimum
thickness prescribed in the original design of a cargo tank motor
vehicle.
PHMSA proposes to clarify that the cargo tank DCE must supply the
part 178 supplemental Certificate of Compliance (currently required by
Sec. 180.407(i)(6)(i)) that includes the revised minimum thickness to
the cargo tank motor vehicle owner. This proposal establishes an
additional record beyond the name plate or specification to assist with
traceability of the cargo tank motor vehicle. In addition, this ensures
these revised service limits can be identified if there is degradation
of the name plate or specification, which will increase future safe
transportation and maintenance of the cargo tank motor vehicle.
Additionally, PHMSA is proposing an editorial revision to include
marking the ``certification plate'' for older 300-series CTMVs.
Section 180.409
This section details minimum qualifications for inspectors and
testers. Paragraph (a) includes introductory language for this section.
PHMSA proposes minor editorial revisions to paragraph (a) for ease of
reading. This includes removing ``except as otherwise provided in this
section'' and replacing the Sec. 180.407(e) reference with a general
reference to this subpart. PHMSA expects that by increasing the
readability, it increases compliance and therefore, safety.
Additionally, PHMSA proposes to add paragraph (a)(4) to reinforce
that a registered inspector must meet the training requirements of part
172 subpart H. The second highest number of FMCSA enforcement
violations each year occur from Registered Inspectors not having met
the general hazmat employee training requirements. Therefore, in an
effort to improve compliance and reinforce the current HMR
requirements, PHMSA proposes to add paragraph (a)(4) to state that
Registered Inspectors must meet the training requirements in part 172
subpart H.
Section 180.411
Section 180.411 details the acceptable results of the test and
inspections of cargo tank motor vehicles required by the HMR. Paragraph
(b) provides introductory language and requires use of CGA C-6 for
evaluation procedures of dents, cuts, digs, and gouges. Paragraph
(b)(1) provides acceptable results for dents. In review of the HMR,
PHMSA noted in addition to dents, cuts, digs, and gouges, CGA C-6 also
includes evaluation procedures for bulges. Similar to dents, bulges are
a feature of a cargo tank that should be evaluated to ensure the cargo
tank motor vehicle operates properly. Therefore, to increase safety and
align with CGA C-6, PHMSA proposes to add bulges in the list of defects
in the introductory title to paragraph (b) and in paragraph (b)(1).
Paragraph (g) specifies that any tank that fails to meet pressure
test requirements must be properly repaired. As a minor editorial
amendment, in the introductory text, PHMSA proposes to add the word
``cargo'' to clarify the testing is for the ``cargo tank.''
Lastly, PHMSA proposes to add paragraph (h) to specify when a cargo
tank motor vehicle must be removed from service and how that removal
must be communicated to the cargo tank motor vehicle owner. This
proposed language specifies that if a Registered Inspector determines
the cargo tank motor vehicle does not meet the applicable design
specification, it may not be represented as a DOT specification cargo
tank motor vehicle. Furthermore, the cargo tank motor vehicle must be
removed from service until it is in compliance with the specification
requirements and has been successfully tested and inspected as required
by Sec. 180.407(c). This aligns with current regulatory requirements,
but provides additional clarity, specifically for scenarios where a
non-conforming cargo tank motor vehicle may not be marked as a DOT
specification cargo tank until it has been repaired and can pass the
appropriate Sec. 180.407(c) test and inspections. Therefore, PHMSA
expects this proposal to increase safety and ensure cargo tank motor
vehicles are removed from hazardous materials service when they do not
conform to the HMR.
Section 180.413
Section 180.413 specifies requirements for the repair,
modification, stretching, rebarrelling, or mounting of specification
cargo tanks. Paragraph (b)(6) requires that MC 330 and MC 331 cargo
tanks must be repaired in accordance with CGA Technical Bulletin TB-2
and the National Board Inspection Code. PHMSA proposes to update the
IBR of CGA Technical Bulletin TB-2 to CGA Technical Bulletin P26
(formerly TB-2) in Sec. 171.8. See ``Section IV. Section-by-Section
Review; Part 171; Section 171.7'' for a discussion on the proposed
change to this IBR. Therefore, PHMSA proposes to revise the name of the
CGA Technical Bulletin in this paragraph.
Section 180.415
This section includes requirements for test and inspection markings
for cargo tanks and cargo tank motor vehicles. Paragraph (b) details
cargo tank marking requirements after completion of a test or
inspection. PHMSA proposes to require that after a test or inspection,
the cargo tank facility mark their cargo tank registration number on
the cargo tank. As proposed, this marking must be placed immediately
adjacent to other required markings and does not need to be replicated
if the registration number is already marked on the cargo tank. FMCSA
identified some cargo tanks that display current test or inspection
markings but found safety concerns with the cargo tank. However,
without the cargo tank registration number marked on the cargo tank, it
is difficult to trace those safety concerns back to the testing and
inspection facility who repaired, tested, or inspected the cargo tank.
PHMSA and FMCSA expect that
[[Page 85643]]
having the cargo tank facility's registration number marked on the
cargo tank will also aid in correcting noncompliance and increase the
safety of cargo tank motor vehicles being operated on the highway.
Section 180.416
This section specifies inspection and maintenance requirements of
discharge systems for cargo tanks transporting liquefied compressed
gases. Paragraph (a) details the applicability of Sec. 180.416. PHMSA
proposes to revise editorially ``nonspecification cargo tanks'' to
``non-specification cargo tank motor vehicles,'' which aligns with
other references to these cargo tank motor vehicles in the HMR.
Paragraph (b) details hose identification requirements. PHMSA
proposes to remove the compliance date of July 1, 2000, as this date
has passed, and all hoses are now subject to this requirement. This
editorial revision helps to provide regulatory clarity and increase
safety.
Paragraph (c) states the operator of a cargo tank motor vehicle
must visually check that portion of the hose assembly that has been
deployed during unloading. PHMSA proposes to specify that the rejection
criteria in Sec. 180.416(g) should be used when an operator visually
checks the portion of the delivery hose assembly that was deployed
during the unloading process. While not currently specified in
paragraph (c), the rejection criteria in Sec. 180.416(g) applies to
hose assemblies; therefore, this proposal provides clarity and aids in
additional regulatory compliance. Ultimately, PHMSA expects this
proposal will increase safety.
Paragraph (f) specifies requirements for new or repaired delivery
hose assemblies and PHMSA proposes minor editorial amendments, with
paragraph (f)(3) specifying record requirements following the test and
inspection. PHMSA proposes to revise the introductory text of paragraph
(f) to specify the requirements apply to a ``cargo tank motor vehicle''
instead of a ``cargo tank.'' PHMSA also proposes to remove the
compliance date of July 1, 2000, in paragraph (f)(3), as this date has
passed. Both of these proposed editorial amendments align with other
proposals and provide regulatory clarity, which is anticipated to
increase safety.
Section 180.501
Section 180.501 contains the general requirements for continued use
of tank cars. In this NPRM, PHMSA proposes to replace the phrase
``owner's qualification program'' with ``owner's qualification and
maintenance program'' similar to other references to the owner's
qualification and maintenance program in Sec. Sec. 179.7, 180.503, and
180.513. The intent of this change is to maintain consistency and
clarity within the HMR, and to ensure there is no confusion over the
scope of part 180, subpart F, titled ``Qualification and Maintenance of
Tank Cars.''
Section 180.503
Section 180.503 contains definitions relevant to the qualification
and maintenance of tank cars. PHMSA proposes to revise the definitions
of coating/lining owner, service equipment owner and tank car owner, to
convey more clearly and accurately the intended application of these
definitions in part 180 subpart F. These definitions are revised as
``the person responsible for the development or approval, and execution
of the qualification and maintenance program'' for the coating/lining,
service equipment, or tank car owner, as appropriate. This change
identifies the responsible parties more accurately throughout subpart
F, particularly by removing confusion about financial responsibility
that can arise with complex multi-dimensional business arrangements,
agreements, contracts, and organization. This proposed change was
approved by HMIWG during the January 10-11, 2017 meeting. The proposed
language was approved by consensus vote at the May 25, 2017, RSAC
meeting and offered to PHMSA and FRA for consideration.
PHMSA also proposes to amend the following definitions:
Maintenance: PHMSA proposes to remove ``upkeep, or
preservation'' from the definition of maintenance and replace it with
``performance of functions.'' PHMSA and FRA consider ``upkeep'' and
``preservation'' too vague to be useful, especially for service
equipment. Maintenance of service equipment that triggers qualification
is an activity that meets the conditions requiring a leakage pressure
test in accordance with Sec. 180.509(j) (e.g., breaking the seal
between the service equipment and the tank car tank). Actions on
service equipment that don't require the service equipment to be
removed from the tank do not meet the definition of maintenance and
don't trigger qualification, unless the owner's qualification and
maintenance program specifically requires qualification after certain
activities. See ``Section II.B.4. Tank Car Facility Definition'' for
additional information. Lastly, PHMSA proposes to revise ``proper'' to
``appropriate'' as an editorial amendment.
Modification: PHMSA proposes to replace ``certificate of
construction'' with ``design approval certificate'' for tank cars
constructed after the effective date of a final rule. Tank cars
constructed under AAR-approved certificates of construction must
receive DCE approval for any modification. See ``Section II.B.2. Tank
Car Design Approval'' for additional information.
Qualification: PHMSA proposes to replace the phrase
``applicable requirements of the AAR Specifications for Tank Cars (IBR,
see Sec. 171.7 of this subchapter)'' with ``approved design.'' This
amendment conforms to PHMSA's proposal to remove AAR approval
requirements.
Service equipment: PHMSA proposes to revise this
definition to align with the current industry standard and is intended
to provide more clarity than the current definition. Service equipment
is pressure or lading retaining equipment and therefore performs a
critical safety function. See ``Section II.B.4. Tank Car Facility
Definition'' for additional information related to entities who operate
and qualify service equipment. PHMSA and FRA emphasize that service
equipment must continue to be included in the tank car owner's
qualification and maintenance plan.
Section 180.509
Section 180.509 details requirements for inspection and testing of
specification tank cars. Paragraph (i)(1) requires inspections of tank
car internal linings and coatings used to transport a material that is
corrosive or reactive to the tank car. PHMSA proposes to revise
paragraph (i)(1) to indicate more clearly that the inspection
requirements only apply to those linings and coatings used to protect
the tank from corrosion or reactivity.
Paragraph (k)(2) contains qualification requirements for service
equipment. PHMSA proposes to remove the phrase ``[e]ach tank car
facility must qualify'' from Sec. 180.509(k) because PHMSA does not
require tank car facilities to qualify service equipment. Additionally,
PHMSA proposes to replace ``qualified in accordance with'' with ``must
conform to'' as an amendment to better align the paragraph with the
definition of ``tank car facility'' being proposed in this rulemaking.
See ``Section II.B.4. Tank Car Facility Definition'' for additional
information.
Section 180.513
This section includes requirements for repairs, alterations,
conversions, and
[[Page 85644]]
modifications of tank cars, with paragraph (b) specifying the
responsibilities of a tank car facility. PHMSA proposes to revise
paragraph (b) editorially to replace ``Quality Assurance Program'' with
``qualification and maintenance program.'' This proposal clarifies the
tank car owner's responsibility to provide tank car facilities with
qualification and maintenance information. See ``Section II.B.8.
Editorial Revision to Sec. Sec. 180.501 and 180.513'' for additional
information.
Section 180.517
Section 180.517 contains reporting and record retention
requirements for tank car qualification. PHMSA proposes to remove
reference to the ``certification of construction'' and replace it with
the proposed ``Design Approval Certificate'' for tank cars constructed
after the effective date of a final rule. See ``Section IV. Section-by-
Section Review; Part 179; Section 179.5'' for more information. Tank
cars constructed with AAR-approved certificates of construction will
remain subject to the same recordkeeping requirements for the rest of
their service lives. In paragraph (a), PHMSA also proposes to replace
references to the builder of the car with references to the tank car
facility, replace references to the certificate of construction with
references to qualification reports, and add a reference to paragraph
179.7(b)(12). The revisions to paragraph (a) are intended to
accommodate the proposed replacement of AAR TCC approval with tank car
DCE approval of tank car and service equipment designs. We propose to
replace the phrase ``related papers'' with ``related qualification
reports,'' to clarify that we expect tank car owners to retain the
reports issued by tank car facilities at the time of manufacture and
maintenance qualification. Additionally, PHMSA proposes to add a
requirement to record the tank car facilities' registration number on
the inspection and test report in new paragraph (b)(9).
Appendix D to Part 180
This appendix discusses materials considered corrosive to the tank
or service equipment. PHMSA proposes to remove reference to the AAR TCC
from the second paragraph, in conformance with the proposal to replace
AAR TCC approval with tank car DCE approval. Therefore, PHMSA proposes
to state that the list in Appendix D may be modified based on an
analysis of the test results by the car owner or the Department of
Transportation.
V. Regulatory Analyses and Notices
A. Statutory/Legal Authority
This NPRM is published under the authority of Federal Hazardous
Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127). Section
5103(b) of the HMTA authorizes the Secretary of Transportation to
``prescribe regulations for the safe transportation, including
security, of hazardous materials in intrastate, interstate, and foreign
commerce.'' The Secretary has delegated the authority granted in the
HMTA to the PHMSA Administrator at 49 CFR 1.97(b).
B. Executive Order 12866, 14094, and DOT Regulatory Policies and
Procedures
Executive Order 12866 (``Regulatory Planning and Review'') \59\ as
amended by Executive Order 14094 (``Modernizing Regulatory
Review''),\60\ requires that agencies ``should assess all costs and
benefits of available regulatory alternatives, including the
alternative of not regulating.'' Agencies should consider quantifiable
measures and qualitative measures of costs and benefits that are
difficult to quantify. Further, Executive Order 12866 requires that
``agencies should select those [regulatory] approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity), unless a statute requires another regulatory approach.''
Similarly, DOT Order 2100.6A (``Rulemaking and Guidance Procedures'')
requires that regulations issued by PHMSA, and other DOT Operating
Administrations should consider an assessment of the potential
benefits, costs, and other important impacts of the proposed action and
should quantify (to the extent practicable) the benefits, costs, and
any significant distributional impacts, including any environmental
impacts.
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\59\ 58 FR 51735 (Oct. 4, 1993).
\60\ 88 FR 21879 (Apr. 11, 2023).
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Executive Order 12866 and DOT Order 2100.6A require that PHMSA
submit ``significant regulatory actions'' to the Office of Management
and Budget (OMB) for review. This rulemaking is not considered a
significant regulatory action under section 3(f) of Executive Order
12866 (as amended) and, therefore, was not formally reviewed by OMB. A
PRIA with estimates of the costs and benefits of the rulemaking is
available in the docket.
PHMSA solicits comment on this analysis. Overall, the issues
discussed in this rulemaking promote the continued safe transportation
of hazardous materials while producing a net cost savings. Cost savings
are derived from certain modal specific provisions, including expanding
allowance of UN ID number marking on cargo tank motor vehicles that
transport different petroleum distillate fuels within the same day and
reduction in the number of anticipated OTMAs for rail tank cars.
Based on the discussions of benefits and costs provided above,
PHMSA estimates annualized net benefits at a two percent discount rate
of approximately $97.3 million per year. Details on the estimated
costs, cost savings, and benefits of this rulemakings can be found in
the PRIA, which is available in the public docket.
C. Executive Order 13132
PHMSA analyzed this rulemaking in accordance with the principles
and criteria in Executive Order 13132 (``Federalism'') \61\ and the
Presidential Memorandum (``Preemption'') that was published in the
Federal Register on May 22, 2009.\62\ Executive Order 13132 requires
agencies to assure meaningful and timely input by state and local
officials in the development of regulatory policies that may have
``substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.''
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\61\ 64 FR 43255 (Aug. 10, 1999).
\62\ 74 FR 24693 (May 22, 2009).
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This rulemaking may preempt state, local, and Native American tribe
requirements, but does not propose any regulation that has substantial
direct effects on the states, the relationship between the national
government and the states, or the distribution of power and
responsibilities among the various levels of government.
The Federal Hazmat Law contains an express preemption provision, 49
U.S.C. 5125 (b), that preempts state, local, and tribal requirements on
certain covered subjects, unless the non-federal requirements are
``substantively the same'' as the federal requirements, including:
(1) Designation, description, and classification of hazardous
materials;
(2) Packing, repacking, handling, labeling, marking, and placarding
of hazardous materials;
(3) Preparation, execution, and use of shipping documents related
to hazardous materials and requirements related to the number,
contents, and placement of those documents;
[[Page 85645]]
(4) Written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; and
(5) Design, manufacture, fabrication, marking, maintenance,
recondition, repair, or testing of a packaging or container
represented, marked, certified, or sold as qualified for use in
transporting hazardous material.
This rule addresses subject items (3) and (5) above, which are
covered subjects, and, therefore, non-federal requirements that fail to
meet the ``substantively the same'' standard are vulnerable to
preemption under the Federal Hazmat Law. Moreover, PHMSA will continue
to make preemption determinations applicable to specific non-federal
requirements on a case-by-case basis, using the obstacle, dual
compliance, and covered subjects tests provided in Federal Hazmat Law.
This rule also incorporates certain FRA requirements under the
former Federal Railroad Safety Act of 1970, as repealed, revised,
reenacted, and recodified (FRSA; 49 U.S.C. 20106), and the former
Safety Appliance Acts, as repealed, revised, reenacted, and recodified
(SAA; 49 U.S.C. 20301-20302, 20306) that may potentially preempt
certain state requirements. Such FRSA and SAA requirements would apply
to transportation by rail.
D. Executive Order 13175
PHMSA analyzed this rulemaking in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \63\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Executive Order 13175 and DOT Order 5301.1 requires DOT Operating
Administrations to assure meaningful and timely input from Native
American tribal government representatives in the development of rules
that significantly or uniquely affect tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the federal government and Native American tribes.
Because this rulemaking does not have Native American tribal
implications, and does not impose substantial direct compliance costs,
the funding and consultation requirements of Executive Order 13175 do
not apply. However, PHMSA solicits comments from Native American tribal
governments and communities on potential impacts of this proposed
rulemaking.
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\63\ 65 FR 67249 (Nov. 6, 2000).
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E. Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to consider whether a rulemaking would have a ``significant
economic impact on a substantial number of small entities'' to include
small businesses, not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations under 50,000. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where possible to
do so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \64\ requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. The DOT posts its
implementing guidance on a dedicated web page.\65\
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\64\ 67 FR 53461 (Aug. 16, 2002).
\65\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last visited Jun. 17, 2021).
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This rulemaking has been developed in accordance with Executive
Order 13272 and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that potential impacts of
draft rules on small entities are properly considered. PHMSA has
developed an initial regulatory flexibility analysis (IRFA), which is
included in the docket. As detailed in the IRFA, the impact of this
rulemaking on small business is not expected to be significant. The
proposed changes are generally intended to provide regulatory
flexibility and cost savings to industry members, while increasing
safety. However, PHMSA solicits comment on the anticipated economic
impacts to small entities and the IRFA.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
no person is required to respond to any information collection unless
it has been approved by OMB and displays a valid OMB control number.
Pursuant to 44 U.S.C 3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must
provide interested members of the public and affected agencies an
opportunity to comment on information collection and recordkeeping
requests.
PHMSA has analyzed this NPRM in accordance with the Paperwork
Reduction Act. PHMSA proposes to revise the approved information
collections under the following OMB Control Numbers: OMB Control No.
2137-0014, ``Cargo Tank Specification Requirements;'' OMB Control No.
2137-0559, ``Rail Carrier and Tank Car Tanks Requirements, Rail Tank
Car Tanks--Transportation of Hazardous Materials by Rail;'' and OMB
Control No. 2137-0612 ``Hazardous Materials Security Plans.''
OMB Control No. 2137-0014, ``Cargo Tank Specification Requirements''
PHMSA estimates that this rulemaking will result in an increase in
burden due to the proposed requirements in Sec. 180.407(f)(2) for a
cargo tank owner to provide paperwork to the Registered Inspector prior
to lining inspection and Sec. 180.415(b) for an inspector or tester to
mark the cargo tank with their registration number. A total overview of
the proposed changes in this OMB Control Number are detailed in the
table below.
For the proposed requirement in Sec. 180.407(f)(2) for a cargo
tank owner to provide paperwork to the Registered Inspector for lining
inspection, PHMSA estimates 1,333 cargo tank owners will provide
paperwork for approximately 60 cargo tanks per year. It is estimated to
take five minutes per response, for a total of 6,665 annual burden
hours. PHMSA does not estimate that there are any out-of-pocket
expenses.
The new proposed requirement in Sec. 180.415(b) for a cargo tank
inspector to mark the cargo tank with their registration number is
expected to increase information collection burden. PHMSA estimates
3,400 cargo tank inspectors will mark each cargo tank approximately 61
times per year. The marking is anticipated to take five minutes per
inspection, resulting in a total of 17,283 annual burden hours. PHMSA
does not estimate any out-of-pocket expenses. PHMSA notes that after
the first year of this requirement, there will be a significant
reduction in this burden as the registration number does not need to be
remarked on the cargo tank if it is being tested and inspected at the
same location. Therefore, PHMSA plans to update this burden one year
after the effective date of this rulemaking.
Lastly, PHMSA acknowledges that there are proposed amendments that
[[Page 85646]]
impact the burden but are not included in this estimate. PHMSA does not
estimate a significant change in the current burden due to the proposed
changes to cargo tank registration including requiring an email address
on the registration statement, providing for online submission, and
expanding the types of certificates that must be provided in an
application. Additionally, PHMSA does not expect that there will be
more than ten respondents who will submit a written response, request
for reconsideration, or request appeal following the modification,
suspension, or termination of their cargo tank registration. PHMSA and
FMCSA also expect that there will not be more than ten respondents per
year who will replace a missing specification plate and prepare and
maintain paperwork, as proposed in new Sec. 180.503(b)(3). Therefore,
PHMSA is not including a new information collection for this
requirement.
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Increase in Increase in Increase in Increase in
Information collection details number of Response per number of Minutes per annual burden annual burden
respondents respondent responses response hours costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Obtain and Provide Paperwork for Lining Inspection--Sec. 1,333 60 79,980 5 6,665 $0
180.407(f)(2)........................................
Registration Number on Cargo Tank--Sec. 180.415(b).... 3,400 61 207,400 5 17,283 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 4,733.
Annual Increase in Number of Responses: 287,380.
Annual Increase in Burden Hours: 23,948.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137-0559, ``Rail Carrier and Tank Car Tanks
Requirements, Rail Tank Car Tanks--Transportation of Hazardous
Materials by Rail''
PHMSA estimates that this rulemaking will result in an increase in
burden due to various tank car proposed changes, including: new tank
car facility and DCE registration, including reporting and
recordkeeping requirements; development of procedures for closing and
securing all openings on tank cars; record requirements for a tank car
being held more than 48 hours; OTMA recordkeeping requirements; DCE
written procedures to verify compliance of tank cars; and requirement
for the DCE to provide a DAC to the tank car or service equipment
owner. However, this rulemaking will also lead to a decrease in burden,
particularly in the removal of AAR reporting to Bureau of Explosives
under Sec. 174.20 and reduction in the number of OTMA applications
under Sec. 174.50. A total overview of the proposed changes in this
OMB Control Number are detailed in the below table.
PHMSA estimates that 280 tank car facilities will register for the
proposed new tank car facility registration requirements in Sec.
107.905. Each registration is anticipated to take two hours, for a
total of 560 annual burden hours. PHMSA does not estimate that there
are any out-of-pocket expenses associated with this information
collection.
PHMSA estimates that 25 DCEs will register under the proposed new
requirement in Sec. 107.907 for DCE registration. Each registration is
anticipated to take two hours to complete, for a total of 50 annual
burden hours. PHMSA does not estimate any out-of-pocket expenses
associated with this information collection.
For both tank car facility and DCE registration, PHMSA does
estimate that this number will significantly reduce after the first
year of initial tank car facility and DCE registration. However, after
the first initial registration period, PHMSA estimates there will be a
burden associated with registration renewal and updating the
requirements in Sec. Sec. 107.909(c) and 107.909(d). As tank car
facility and DCE registration are new requirements, PHMSA does not
estimate the renewal and updating requirements in the first year.
However, PHMSA plans to estimate that to renew or update a tank car
facility or DCE registration, it will take approximately 30 minutes to
complete. One year after the effective date of this rulemaking, PHMSA
will update the burden for initial registration and renewal and
updating a registration.
PHMSA also estimates an increase in burden based on tank car
facility and DCE registration recordkeeping proposed requirements in
Sec. 107.909(e). PHMSA estimates that most of the requests for a
registration copy will occur during FRA inspections, which occur
approximately 45 times per year. It is anticipated that it will take
five minutes to produce the paperwork, resulting in total of
approximately four annual burdens hours. PHMSA does not estimate any
out-of-pocket expenses.
Additionally, PHMSA proposes requirements for the modification,
suspension, and termination of tank cargo facility and DCE
registrations, including provisions for registrants to submit a written
response, request for reconsideration, and appeal of the decision.
However, PHMSA has not estimated this burden, as PHMSA estimates that
there will be less than ten registrants per year who may choose to
respond, request reconsideration, or appeal their modification,
suspension, and termination of their registration.
PHMSA proposes to revise the approval process in Sec. 173.31(a)(2)
from AAR approval to DCE approval. Accordingly, PHMSA will revise the
name of the information collection from ``AAR Approval Required when a
Tank Car is Proposed for Commodity Service other than Specified on a
Certificate of Construction'' to ``DCE Approval when a Tank Car Carries
a Commodity other than Specified on a Certificate of Construction or
DAC.'' However, PHMSA does not expect a change in the burden associated
with this collection because the required information for the change
request does not change; only the approval entity is proposed to be
changed.
PHMSA proposes to revise Sec. 173.31(d)(1) to require written
procedures for closure and securement of all openings on a tank car
prior to shipment. PHMSA estimates that there are 4,619 tank car
offerors who will be subject to this requirement. PHMSA estimates that
95 percent of these offerors already have some form of procedures and
thus the burden to review and update these procedures is limited to 16
hours resulting in a total of 70,209 annual burden hours. The other
five percent of offerors will need to create new procedures, which is
estimated to take 40 hours to develop, resulting in a total of 9,238
annual burden hours. Therefore, PHMSA estimates that there will be an
increase of 79,447 total burden hours for this new requirement. PHMSA
does not estimate any out-of-pocket expenses. Following the initial
year of this
[[Page 85647]]
rulemaking, PHMSA estimates that the burdens associated with developing
these procedures will be significantly reduced, as only new tank car
offerors will be subject to this requirement. Additionally, after the
first year, PHMSA estimates that there will be a new burden for
existing offerors to update their written procedures. PHMSA estimates
that five percent of tank car offerors will take eight hours to update
the procedures on an annual basis. PHMSA plans to add this burden after
the rulemaking has been effective for one year.
PHMSA proposes a new requirement in Sec. 174.14(a) to create a
record when a tank car is being held beyond 48 hours. PHMSA estimates
that there are 100 railroads who create this record 100 times per year.
Each record takes approximately five seconds, resulting in a total of
14 annual burden hours. PHMSA does not estimate any out-of-pocket
expenses.
PHMSA proposes to remove Sec. 174.20(b), which requires reporting
to the AAR Bureau of Explosives regarding any restrictions over any
portion of its lines. PHMSA currently accounts for 34 offerors
submitting 1.5 reports a year. Each report takes 20 minutes resulting
in a reduction of 17 hours of annual burden.
PHMSA proposes to revise Sec. 174.50 for OTMA requirements,
including adding exceptions from needing an OTMA. Because of these
reductions, PHMSA estimates a reduction of approximately three OTMA per
year for each applicant for a total reduction of 575 OTMAs per year. As
each application takes approximately 24 minutes to complete an OTMA,
this revision results in an estimated reduction of 202 annual burden
hours. PHMSA does not estimate any out-of-pocket expenses.
In Sec. 174.50(d), PHMSA proposes to specify recordkeeping
requirements for OTMAs. PHMSA estimates that these recordkeeping
requests, which will mostly be through enforcement requests, occur 56
times per year. It takes approximately five minutes to produce the OTMA
documentation, for a total of five annual burden hours. PHMSA does not
estimate any out-of-pocket expenses.
PHMSA proposes a new requirement in Sec. 179.3(b) for a DCE to
develop written procedures to verify compliance with tank car design.
PHMSA estimates that it takes eight hours for each of the 25 DCEs to
develop written procedures, resulting in a total of 200 annual burden
hours. PHMSA does not estimate any out-of-pocket expenses. Furthermore,
as this is a one-time requirement, PHMSA plans to reduce this
information collection one year after the effective date of this
rulemaking.
Lastly, PHMSA proposes a recordkeeping requirement in Sec. Sec.
179.3(d) and 179.5 that the DCE provide a copy of the DAC to the tank
car or service equipment owner following approval. PHMSA estimates that
the 25 DCEs will review and approve approximately 14 tank cars or
service equipment designs per year, resulting in a total of 350 DACs
produced. PHMSA estimates it will take 10 hours to develop the DAC
resulting in 3,500 annual burden hours. PHMSA estimates that there are
no out-of-pocket expenses for development of the DAC.
The following table outlines the total change in information
collection burden:
----------------------------------------------------------------------------------------------------------------
Change in Change in
Change in Responses Change in Time per total annual
Information collection request number of per number of response burden burden
respondents respondent responses hours costs
----------------------------------------------------------------------------------------------------------------
Tank Car Facility Registration--Sec. 280 1 280 2 hours 560 $0
107.905..........................
DCE Registration--Sec. 107.907.... 25 1 25 2 hours 50 0
Tank Car Facility & DCE Registration 45 1 45 5 minutes 4 0
Record Retention--Sec. 107.909(e)
Tank Car Tank Car Facility & DCE 0 0 0 30 minutes 0 0
Registration--Renew or Update
Registration--Sec. 107.909(e)....
DCE Approval when a Tank Car Carries 0 48 0 10 minutes 0 0
a Commodity other than Specified on
a Certificate of Construction or
DAC--Sec. 173.31(a)(2)...........
Procedures for Closing and Securing 4,619 1 4,619 16 hours 70,280 0
All Openings on a Tank Car--Sec.
173.31(d)(1)--NEW..................
Procedures for Closing and Securing 231 1 231 40 hours 9,240 ...........
All Openings on a Tank Car--Sec.
173.31(d)(1)--UPDATES..............
Record Required for Car Being Held-- 100 100 10,000 5 seconds 14 0
Sec. 174.14(a)...................
Reporting to the Bureau of -34 1.5 -51 20 minutes -17 0
Explosives Regarding any
Restrictions Over Any Portion of
its Lines--Sec. 174.20(b)........
OTMA Application--Sec. 174.50(c).. -54 9 -575 24 minutes -202 0
OTMA Documentation--Sec. 174.50(d) 56 1 56 5 minutes 5 0
DCE Written Procedure to Verify 25 1 25 8 hours 200 0
Compliance--Sec. 179.3(b)........
DCE Providing DAC Requirements--Sec. 25 14 350 10 hours 3,500 0
Sec. 179.3(d), 179.5............
----------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 5,318.
Annual Increase in Number of Responses: 15,005.
Annual Increase in Burden Hours: 83,634.
Annual Increase in Burden Costs: $0.
OMB Control No. 2137-0612, ``Hazardous Materials Security Plans''
PHMSA estimates this rulemaking will result in a change in the
current estimated burden based on the new exception from alternate
route analysis. Specifically, PHMSA proposes to add Sec. 172.820(d)(3)
to provide an exception where no alternate route exists. PHMSA
estimates that approximately 10 percent of Class II and III railroad
routes will no longer have to develop alternate route analysis. This
leads to a reduction of 1,400 total burden hours for both Class II and
III railroads. However, Sec. 172.820(d)(3) requires that to take the
alternate route analysis exception, the railroad must develop
remediation or mitigation measures and certify that no alternative
route exists. Therefore, PHMSA estimates that there will be 132
railroads (32 Class II and 100 Class III railroads), with 47 routes
where no alternate route exists. PHMSA estimates it will take 30
minutes to develop the written measures and certification and this new
requirement will result in a total of 24 annual burden hours. Because
there is no change in the number of Class II and III railroads who are
subject to alternate route analysis
[[Page 85648]]
requirements, there is an increase in respondents and responses, but
there is an overall decrease in burden hours and salary costs. The
below table details the estimated change in burden associated with this
new exception. PHMSA does not estimate any out-of-pocket expenses.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Change in
Information collection details--alternate route Change in number of Change in Burden hours Change in Change in
analysis--Sec. 172.820(d) number of routes per number of per route total burden total burden
railroads railroad routes hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class II Railroads...................................... 0 -0.3 -10 120 -1,200 $0
Class III Railroads..................................... 0 -0.05 -5 40 -200 0
Where No Practicable Route Exists....................... 132 0.35 47 0.5 24 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Increase in Number of Respondents: 132.
Annual Increase in Number of Responses: 32.
Annual Decrease in Burden Hours: 1,376.
Annual Decrease in Burden Costs: $0.
PHMSA requests comments on any information collection and
recordkeeping burden associated with the proposed changes under this
rulemaking. Address written comments to the DOT Dockets Operations
Office as identified in the ADDRESSES section of this rulemaking.
Comments regarding information collection burdens must be received
prior to the close of the comment period identified in the DATES
section of this rulemaking. Requests for a copy of this information
collection should be directed to Steven Andrews or Glenn Foster, 202-
366-8553, [email protected], Standards and Rulemaking Division (PHH-10),
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001. If these proposed requirements
are adopted in a final rule, PHMSA will submit the revised information
collection and recordkeeping requirements to OMB for approval.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et
seq.) requires agencies to assess the effects of federal regulatory
action on state, local, or tribal governments, and the private sector.
For any NPRM or final rule that includes a federal mandate that may
result in the expenditure by state, local, and tribal governments, or
by the private sector of $100 million or more in 1996 dollars in any
given year, an agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the federal mandate.
This proposed rulemaking does not impose unfunded mandates under
URMA. As explained in the PRIA, it is not expected to result in costs
of $100 million or more in 1996 dollars on either state, local, or
tribal governments, in the aggregate, or to the private sector in any
one year, and is the least burdensome alternative that achieves the
objective of the rule.
H. Draft Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321
et seq), requires that federal agencies analyze proposed actions to
determine whether the action will have a significant impact on the
human environment. When the effects of a proposed action are unknown,
CEQ implementing regulations (40 CFR 1500-1508) require federal
agencies to conduct an environmental review and prepare an
environmental assessment to consider (1) the need for the proposed
action, (2) alternatives to the action, (3) probable environmental
impacts of the action and alternatives, and (4) the agencies and
persons consulted during the consideration process. DOT Order 5610.1C
(``Procedures for Considering Environmental Impacts'') establishes DOT
procedures for evaluation of environmental impacts under NEPA and its
implementing regulations.
1. Need for the Action
This NPRM would amend the HMR to revise provisions specific to the
highway, rail, and vessel transportation of hazardous materials. This
proposed action is necessary to increase regulatory clarity and
consistency, update requirements to reflect changing conditions and
trends, and improve the safe transportation of hazardous materials.
2. Alternatives
In proposing this rulemaking, PHMSA considered the following
alternatives:
No Action Alternative
If PHMSA were to select the No Action Alternative, current
regulations would remain in place and no new provisions would be
amended or added.
Proposed Action Alternative
The proposed alternative for this NPRM includes adoption of RSAC
proposals for rail transportation, revision to the approval process for
tank car designs and QAPs, miscellaneous amendments to highway cargo
tank specification and requalification requirements, and an amendment
to cargo tank marking requirements for the transportation of petroleum
distillate fuels that will be discussed in further detail below.
This alternative is the current proposal as it appears in this
NPRM, applying to the transportation of hazardous materials by highway,
rail, and vessel. The proposed amendments included in this alternative
are more fully described in the preamble and regulatory text sections
of this NPRM.
3. Reasonably Foreseeable Environmental Impacts of the Alternatives
No Action Alternative
The No Action Alternative would not adopt enhanced and clarified
regulatory requirements expected to maintain or increase the high level
of safety in transportation of hazardous materials provided by the HMR.
For example, creation of reliable and repeatable closure instructions
for tank cars in Sec. 173.31 is intended to decrease the number of
leaking or improperly closed tank cars entering transportation, which
will decrease the quantity of hazardous materials released into the
environment. Not adopting the proposed environmental and safety
requirements in the NPRM under the No Action Alternative would result
in a lost opportunity for reducing safety-related incidents.
If PHMSA were to select the No Action Alternative, the HMR would
remain unchanged, and no new provisions would be amended or added.
Additionally, any economic benefits and additional regulatory clarity
gained through these amendments would not be realized.
Proposed Alternative
The changes under the Proposed Action Alternative will maintain or
increase the high safety standards
[[Page 85649]]
currently achieved under the HMR. The following details significant
proposed amendments and their impact:
1. Adoption of Rail Safety Advisory Committee (RSAC) Proposals for Rail
Transportation
Adoption of RSAC proposals includes updating the IBR edition of the
AAR Specifications for Tank Cars to the 2014 edition from the 2000
edition; creating closure instruction requirements for tank car
offerors; codifying long-standing FRA guidance on OTMAs; and revising
tank car use requirements found in part 174 to reflect the current
industry best practices in tank car loading and unloading.
The RSAC proposals are designed to improve regulatory clarity, and
therefore encourage compliance with the requirements of the HMR.
Creation of closure instruction requirements for tanks cars will
decrease the number of non-compliant tank cars offered for
transportation and the number of non-accidental releases of hazardous
materials. Based on a review of non-accident release data, PHMSA and
FRA estimate that the implementation of the closure instruction
requirement could reduce the number of non-accidental releases by 15
percent, primarily by reducing releases associated with improperly
closed hinged-and-bolted manways. Codifying FRA's One Time Movement
Approval procedures in the HMR will have no impact on releases of
hazardous materials to the environment, because these procedures are
already in place as FRA policy. Revisions to part 174, including
clarification of the applicability of the term ``residue'' for tank
cars in Sec. 174.58, authorizing additional types of packages for
COFC/TOFC service without FRA approval in Sec. 174.63, and revising
transloading requirements in Sec. 174.67 are intended to remove
unnecessarily prescriptive and outmoded requirements and replace them
with performance based standards that maintain the current level of
safety. PHMSA and FRA do not anticipate any increase in the release of
hazardous materials or other negative environmental impacts from these
changes. Increased compliance with the HMR's requirements for hazardous
materials containment in particular through proper closure instructions
and transloading procedures, decreases the release of hazardous
materials to the environment and improve the ability of emergency
responders to appropriately respond to accidents and incidents
involving hazardous materials in transportation.
Greenhouse gas emissions would remain the same under this proposed
amendment.
Based on this analysis adopting RSAC proposals will have a positive
impact on human health and the environment.
2. Revision to the Approval Process for Tank Car Designs and Quality
Assurance Programs (QAPs)
PHMSA proposes changes to remove the role of the AAR TCC in tank
car design approval, to be replaced with design review by a DCE. This
process will mirror the current procedure for cargo tank motor
vehicles. PHMSA additionally proposes to remove the role of the AAR TCC
from the approval process of a tank car facility's QAP, to be replaced
with a registration requirement for tank car facilities and increased
governmental oversight. Finally, PHMSA proposes to revise the
definition of tank car facility to narrow the scope of the definition
to only cover facilities that qualify tank cars for service.
PHMSA and FRA anticipate that the proposal to replace the role of
the AAR TCC with tank car DCEs, registered with PHMSA and subject to
PHMSA and FRA oversight will ensure at least an equivalent level of
safety oversight due to improved visibility into the design approval
process. PHMSA and FRA have limited oversight and control over the
current AAR TCC tank car design approval and QAP approval process. The
procedures proposed for the design review in Part 179 are intended to
create an accountable, auditable, criteria-based tank car design
approval system. Similarly, the tank car facility registration program
is designed to create increased visibility of tank car facilities with
increased government oversight through the registration program,
including possible suspension or termination of a registration.
Therefore, there will be no change to the suitability of tank car
designs, or to the construction, maintenance, and qualification of tank
cars conducted by tank car facilities.
PHMSA does not anticipate any impact to greenhouse gas emissions
under this proposed amendment.
3. Miscellaneous Amendments to Highway Cargo Tank Specification and
Requalification Requirements
PHMSA proposes to amend a variety of highway cargo tank
specification and requalification requirements. While a majority of the
intended provisions are for editorial and regulatory clarity, they also
include the following substantive revisions:
Updating the IBR edition of CGA P-26 (formerly TB-2) to
the 1997 edition;
Allowing for the use of a Midland PRD for chlorine gases
in cargo tanks and portable tanks;
Requiring post-weld heat treatment on newly manufactured
nurse tanks;
Requiring combustible liquids and flammable liquids
reclassified as combustible liquids to be bonded and grounded prior to
and during transfer of lading;
Allowing the DOT Specification 331 and 338 cargo tank
motor vehicle specification plate to be applied to the vehicle instead
of the rail chassis;
Ensuring the mechanical means of remote closure on a cargo
tank motor vehicle is not obstructed;
Requiring that all equipment and instruments be
calibrated;
Allowing the use of video camera or fiber optics equipment
for any visual test or inspection;
Requiring inspection of all pad attachments;
Limiting the need to remove the upper coupler during
inspection; and
Requiring the cargo tank facility registration number to
be marked on the cargo tank following inspection.
These highway amendments are designed to improve regulatory
clarity, and therefore encourage compliance with the requirements of
the HMR. The HMR's cargo tank construction, maintenance, and
qualification regulations have not kept up with technological changes,
e.g., the availability of small, high quality video cameras capable of
producing images of the interior of a cargo tank shell equivalent to
human vision. Revising and updating these cargo tank requirements will
improve construction, maintenance, and qualification practices for
cargo tanks used to transport hazardous materials. These revisions are
intended to decrease the release of hazardous materials to the
environment during transportation.
Greenhouse gas emissions would remain the same under this proposed
amendment.
4. Cargo Tank Marking Requirements for Petroleum Distillate Fuels
PHMSA proposes to revise the marking requirements for cargo tanks
transporting multiple petroleum distillate fuels in the current or
previous business day (defined as a day that the operator of the cargo
tank motor vehicle is open and operating in commerce). The proposal
authorizes a carrier to display the marking of the UN ID number for the
petroleum distillate fuel with the lowest flashpoint transported
[[Page 85650]]
in that cargo tank during the current or previous business day. For
example, a cargo tank used to transport gasoline on Day 1, and diesel
fuel only on Day 2, may display ``1203'' on Day 2, because gasoline has
a lower flash point than diesel fuel.
PHMSA's analysis of this proposed amendment indicates that for
NA1993, UN1202, UN1203, UN1223, and other petroleum distillate fuels,
the ERG directs the reader to the same guide page for initial emergency
response measures, and PHMSA further requests information from
emergency responders describing how emergency response would differ for
an accident involving a cargo tank motor vehicle marked ``1993,''
``1202,'' ``1203,'' ``1223,'' or another UN ID number associated with a
petroleum distillate fuel. PHMSA requests information on any known
incidents where emergency response was impacted negatively due to a
cargo tank motor vehicle displaying ``1203'' when it was transporting a
petroleum distillate fuel with a higher flash point.
The substantial time saved during fuel deliveries due to the
removal of the requirement to change the ID number displayed inside the
placard may provide environmental benefits, including a reduction in
greenhouse gases due to a reduction in time cargo tank motors vehicles
spend idling while the driver changes the ID number displayed in the
placard. PHMSA seeks comment on this, and any other environmental
impacts associated with this amendment.
4. Agencies and Persons Consulted During the Consideration Process
PHMSA has coordinated with the FAA, FMCSA, FRA, and the USCG, in
the development of this proposed rulemaking. The NPRM has also been
made available to other federal agencies within the interagency review
process contemplated under Executive Order 12866. PHMSA solicits, and
will consider, comments on the NPRM's potential impacts on safety and
the environment submitted by members of the public, state and local
governments, tribal communities, and industry.
5. Executive Order 12898
Executive Orders 12898 (``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations''),\66\
13985 (``Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government''),\67\ 13990 (``Protecting
Public Health and the Environment and Restoring Science To Tackle the
Climate Crisis''),\68\ 14008 (``Tackling the Climate Crisis at Home and
Abroad''),\69\ and DOT Order 5610.2C (``Department of Transportation
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'') require DOT agencies to achieve environmental
justice as part of their mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects, including interrelated social and economic
effects of their programs, policies, and activities on minority
populations, low-income populations, and disadvantaged communities.
---------------------------------------------------------------------------
\66\ 59 FR 7629 (Feb. 16, 1994).
\67\ 86 FR 7009 (Jan. 25, 2021).
\68\ 86 FR 7037 (Jan. 25, 2021).
\69\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------
PHMSA has evaluated this proposed rulemaking under the above
Executive Orders and DOT Order 5610.2C and expects it would not cause
disproportionately high and adverse human health and environmental
effects on minority, low-income, underserved, and other disadvantaged
populations and communities. The rulemaking is facially neutral and
national in scope; it is neither directed toward a particular
population, region, or community, nor is it expected to adversely
impact any particular population, region, or community. And because
PHMSA expects the rulemaking would not adversely affect the safe
transportation of hazardous materials generally, PHMSA does not expect
the proposed revisions would entail disproportionately high adverse
risks for minority populations, low-income populations, or other
underserved and other disadvantaged communities.
The proposed rulemaking could reduce risks to minority populations,
low-income populations, or other underserved and other disadvantaged
communities. Insofar as the proposed HMR amendments could avoid the
release of hazardous materials, the proposed rule could reduce risks to
populations and communities--including any minority, low-income,
underserved and other disadvantaged populations and communities--in the
vicinity of interim storage sites and transportation arteries and hubs.
Additionally, as explained in the above discussion of NEPA, PHMSA
anticipates that its proposed HMR amendments will yield modest GHG
emissions reductions, thereby reducing the risks posed by anthropogenic
climate change to minority, low-income, underserved, and other
disadvantaged populations and communities.
PHMSA solicits comment on potential impacts to minority, low-
income, underserved, and other disadvantaged populations and
communities of the proposed rulemaking.
6. Proposed Finding of No Significant Impact
PHMSA anticipates the adoption of the Proposed Action Alternative's
regulatory amendments will maintain the HMR's current high level of
safety for shipments of hazardous materials transported by highway,
rail, and vessel, and as such proposes the HMR amendments in the NPRM
would have no significant impact on the human environment. The
environmental review outlines the Proposed Action Alternative will
avoid adverse safety, environmental justice, and greenhouse gas (GHG)
emissions impacts of the proposed action. Furthermore, based on the
environmental analysis of provisions described above, PHMSA proposes to
find the codification and implementation of this rulemaking would not
result in a significant impact to the human environment.
PHMSA welcomes any views, data, or information related to safety or
environmental impacts that may result from the NPRM's proposed
requirements, the No Action Alternative, and other viable alternatives
and their environmental impacts.
I. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. 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 https://www.dot.gov/privacy. DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000,\70\ or on DOT's website
at https://www.dot.gov/privacy.
---------------------------------------------------------------------------
\70\ 65 FR 19475 (Apr. 11, 2000).
---------------------------------------------------------------------------
J. Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \71\ requires that agencies must consider whether the
impacts associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared
[[Page 85651]]
challenges involving health, safety, labor, security, environmental,
and other issues, international regulatory cooperation can identify
approaches that are at least as protective as those that are or would
be adopted in the absence of such cooperation. International regulatory
cooperation can also reduce, eliminate, or prevent unnecessary
differences in regulatory requirements.
---------------------------------------------------------------------------
\71\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. Pursuant to the Trade Agreements Act,
the establishment of standards is not considered an unnecessary
obstacle to the foreign commerce of the United States, so long as the
standards have a legitimate domestic objective, such as providing for
safety, and do not operate to exclude imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
PHMSA participates in the establishment of international standards
in order to protect the safety of the American public. PHMSA has
assessed the effects of this rulemaking to ensure that it does not
cause unnecessary obstacles to foreign trade. While the rulemaking
would clarify and elaborate on existing PHMSA regulations, PHMSA
expects the rulemaking will result in cost savings and greater
regulatory flexibility for entities engaged in international commerce.
Accordingly, this rulemaking is consistent with Executive Order 13609
and PHMSA's obligations under the Trade Agreement Act, as amended.
K. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. This
rulemaking involves multiple voluntary consensus standards that are
discussed at length in the discussion on Sec. 171.7. See ``Section IV.
Section-by-Section Review; Part 171; Section 171.7'' for further
details.
L. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \72\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates, or is expected to
lead to the promulgation of, a final rule or regulation that (1)(i) is
a significant regulatory action under Executive Order 12866 or any
successor order and (ii) is likely to have a significant adverse effect
on the supply, distribution, or use of energy (including a shortfall in
supply, price increases, and increased use of foreign supplies); or (2)
is designated by the Administrator of the Office of Information and
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------
\72\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
Although this proposed rule is a significant regulatory action
under Executive Order 12866, this action is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy in the United States. For additional discussion of the
anticipated economic impact of this rulemaking, please review the PRIA
in the rulemaking docket.
M. Cybersecurity and Executive Order 14082
Executive Order 14082 (``Improving the Nation's Cybersecurity'')
\73\ expressed the Administration policy that ``the prevention,
detection, assessment, and remediation of cyber incidents is a top
priority and essential to national and economic security.'' Executive
Order 14082 directed the Federal Government to improve its efforts to
identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' Consistent with Executive
Order 14082, TSA in October 2022 issued a Security Directive to reduce
the risk that cybersecurity threats pose to critical railroad
operations and facilities through implementation of layered
cybersecurity measures that provide defense-in-depth.\74\
---------------------------------------------------------------------------
\73\ 86 FR 26633 (May 17, 2021).
\74\ TSA, Security Directive No. 1580/82-2022-01, ``Rail
Cybersecurity Mitigation Actions and Testing'' (Oct. 24, 2022).
---------------------------------------------------------------------------
PHMSA has considered the effects of the NPRM and has preliminarily
determined that its proposed regulatory amendments would not materially
affect the cybersecurity risk profile for rail transportation of
hazardous materials.
PHMSA seeks comment on any other potential cybersecurity impacts of
the proposed amendments.
N. Severability
The purpose of this proposed rule is to operate holistically in
addressing different issues related to safety and environmental hazards
associated with the transportation of hazardous materials. However,
PHMSA recognizes that certain provisions focus on unique topics.
Therefore, PHMSA preliminarily finds that the various provisions of
this proposed rule are severable and able to function independently if
severed from each other; thus, in the event a court were to invalidate
one or more of this proposed rule's unique provisions, the remaining
provisions should stand and continue in effect. PHMSA seeks comment on
which portions of this rule should or should not be severable.
List of Subjects
49 CFR Part 107
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Reporting and recordkeeping requirements.
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Incorporation by reference, Reporting, and recordkeeping
requirements.
49 CFR Part 172
Education, Hazardous materials transportation, Hazardous waste,
Labeling, Markings, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Incorporation by reference,
Packaging and containers, Radioactive materials, Reporting and
recordkeeping requirements, Uranium.
49 CFR Part 174
Hazardous materials transportation, Radioactive materials, Railroad
safety.
49 CFR Part 176
Hazardous materials transportation, Incorporation by reference,
Maritime carriers, Radioactive materials, Reporting and recordkeeping
requirements.
49 CFR Part 177
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Radioactive materials,
[[Page 85652]]
Reporting and recordkeeping requirements.
49 CFR Part 178
Hazardous materials transportation, Incorporation by reference,
Motor vehicle safety, Packaging and containers, Reporting and
recordkeeping requirements.
49 CFR Part 179
Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.
49 CFR Part 180
Hazardous materials transportation, Incorporation by reference,
Motor carriers, Motor vehicle safety, Packaging and containers,
Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
chapter I as follows:
PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
0
1. The authority citation for part 107 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001;
Pub. L. 114-74 Section 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
2. In Sec. 107.1, revise the definition of ``registration'' to read as
follows:
Sec. 107.1 Definitions.
* * * * *
Registration means a written acknowledgment from the Associate
Administrator that a registrant is authorized to perform a function for
which registration is required under subchapter C of this chapter
(e.g., registration in accordance with 49 CFR 178.503 regarding marking
of packagings). For purposes of subparts A through E, ``registration''
does not include registration under subpart F, G, or J of this part.
* * * * *
0
3. In 107.105, revise paragraph (a)(5) to read as follows:
Sec. 107.105 Application for special permit.
(a) * * *
(5) For persons required to be registered in accordance with
Subpart F, G, or J of this part, in addition to the information listed
in paragraph (a)(2) of this section, the application must provide the
registration number or the name of the company to which the
registration number is assigned if different from the applicant. For
persons not required to be registered in accordance with Subpart F, G,
or J of this part, in addition to the information listed in paragraph
(a)(2) of this section, the application must provide a statement
indicating that registration is not required.
* * * * *
0
4. In Sec. 107.502:
0
a. Revise paragraphs (a)(3), (b), (d), and (e); and
0
b. Add paragraphs (a)(4) through (9) and (f).
The revisions and additions read as follows:
Sec. 107.502 General registration requirements.
(a) * * *
(3) The terms cargo tank wall, component, and manufacturer are
defined in Sec. 178.320(a) of this chapter. The terms maintenance,
modification, and repair are defined in Sec. 180.403 of this chapter.
(4) Fixed test and inspection facility means a single, permanent,
and specific geographical location with a physical address where cargo
tanks or cargo tank motor vehicles are housed, stored, and maintained
for repair or tests and inspections, in accordance with subpart E of
part 180 of this chapter.
(5) FMCSA Agency Decisionmaker means Assistant Administrator,
Federal Motor Carrier Safety Administration, or another FMCSA official
authorized to make a final agency decision as specified in this
subchapter.
(6) FMCSA Agency Official means the official(s) authorized by FMCSA
order of delegation to take the actions specified in this subchapter.
(7) Mobile tester means a person qualified in accordance with Sec.
180.409 of this chapter to perform repair or test and inspection at a
location other than a fixed test and inspection facility.
(8) Mobile testing means the conduct of repairs or tests and
inspections by a mobile tester in accordance with subpart E of part 180
of this chapter for the continuing qualification, maintenance, or
periodic testing of cargo tanks or cargo tank motor vehicles at a
location other than at a fixed test and inspection facility.
(9) Mobile test and inspection unit means a motor vehicle used by a
mobile tester to perform mobile testing.
(b) No person may engage in the manufacture, assembly,
certification, inspection, or repair of a cargo tank or cargo tank
motor vehicle manufactured under the terms of a DOT specification under
subchapter C of this chapter or a special permit issued under this part
unless the person is registered with the Department in accordance with
the provisions of this subpart. A person employed as a Registered
Inspector or Design Certifying Engineer is considered to be registered
if the person's employer is registered. The requirements of this
paragraph (b) do not apply to a person engaged in the repair of a DOT
specification cargo tank used in the transportation of hazardous
materials in the United States in accordance with Sec.
180.413(a)(1)(iii) of this chapter.
* * * * *
(d) Persons registering with the Department may submit their
registration statement and all of the information required by this
subpart, in English, electronically at https://portal.fmcsa.dot.gov/UrsRegistrationWizard/, or in hard copy form to: FMCSA Hazardous
Materials Division--MC-ECH, 1200 New Jersey Ave., Washington, DC 20590-
0001.
(e) Upon determination that a registration statement contains all
the information required by this subpart, the Department will send the
registrant a letter or provide electronic confirmation verifying
receipt of the registration application and assigning a registration
number to that person.
(f) A separate registration number will be assigned for each cargo
tank manufacturing, assembly, repair facility, or other place of
business identified by the registrant.
0
5. In Sec. 107.503:
0
a. Revise paragraphs (a)(2), (a)(4), and (c); and
0
b. Add paragraph (d).
The revisions and addition read as follows:
Sec. 107.503 Registration statement.
(a) * * *
(2) Street address, mailing address, telephone number, and email
address, if available, for each facility or place of business;
* * * * *
(4) A statement signed by the person responsible for compliance
with the applicable requirements of this chapter, certifying knowledge
of those requirements and that each employee who is a hazmat employee,
including a Registered Inspector or Design Certifying Engineer, meets
the minimum qualification requirements set forth in Sec. 171.8 of this
chapter, has been trained in accordance with Sec. 172.704, and is
knowledgeable and trained in the functions the employee performs. The
following language may be used:
I certify that all hazmat employees, including Registered
Inspectors and Design Certifying Engineers, performing any function
have met the minimum
[[Page 85653]]
qualification requirements set forth in 49 CFR 171.8 and/or 180.403 and
the training requirements of 49 CFR 172.704; that all persons are
knowledgeable and trained in the functions they perform; that I am the
person responsible for ensuring compliance with the applicable
requirements of this chapter; that I maintain all required
documentation to verify compliance; and that I have knowledge of the
requirements applicable to the functions to be performed.
* * * * *
(c) In addition to the information required under paragraph (a) of
this section, each person who repairs a cargo tank or cargo tank motor
vehicle must submit a copy of the repair facility's current National
Board Certificate of Authorization for the use of the ``R'' stamp or
ASME Certificate of Authorization for the use of the ASME ``U'' stamp.
(d) In addition to the information required under paragraph (a) of
this section, each person who performs the wet fluorescent magnetic
particle exam must submit a copy of the ASME Code training certificate.
0
6. Add Sec. 107.505 to read as follows:
Sec. 107.505 Modification, suspension or termination of registration.
(a) The FMCSA Agency Official may modify, suspend, or terminate a
registration, as appropriate, on finding that:
(1) Because of a change in circumstances, the registration requires
modification, is no longer needed, or would no longer be granted if
applied for;
(2) The application contained inaccurate or incomplete information,
and the registration would not have been granted had the application
been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated the terms of the registration
or an applicable requirement of this chapter in a manner demonstrating
lack of fitness to conduct the activity for which registration is
required.
(b) Except as provided in paragraph (c) of this section, before a
registration is modified, suspended, or terminated, the FMCSA Agency
Official notifies the holder in writing or by electronic means of the
proposed action and the reasons for it, and provides an opportunity to
show cause why the proposed action should not be taken.
(1) The holder may file a response in writing or by electronic
means with the FMCSA Agency Official within 30 days of service of
notice of the proposed action.
(2) After considering the holder's written response, or after 30
days have passed without response since service of the notice, the
FMCSA Agency Official notifies the holder in writing or by electronic
means of the decision with a brief statement of reasons and the
effective date of the action.
(c) The rules for service and computation of time in Sec. Sec.
386.6 and 386.8 of this title shall apply to this section, except that
electronic service is permitted.
(d) If FMCSA determines that a violation of a provision of the
federal hazardous material transportation law, or a regulation or order
prescribed under that law, or an unsafe condition or practice,
constitutes or is causing an imminent hazard, as defined in Sec. 109.1
of this subchapter, FMCSA may issue an immediately effective emergency
order to the registration holder in accordance with Sec. 109.17 of
this subchapter. Petitions for review of the emergency order shall be
governed by Sec. 109.19 of this subchapter.
0
7. Add Sec. 107.506 to read as follows:
Sec. 107.506 Reconsideration.
(a) A registration holder may request that the FMCSA Agency
Official reconsider a decision under Sec. 107.505 of this part. The
request for reconsideration must:
(1) Be in writing or by electronic means and served within twenty
days of service of the decision;
(2) State in detail any alleged errors of fact, law, or procedure;
(3) Explain any corrective actions taken;
(4) Enclose any additional information needed to support the
request to reconsider; and
(5) State in detail the modification of the final decision sought.
(b) A decision issued under Sec. 107.505 of this part remains
effective pending a decision on reconsideration. The FMCSA Agency
Official will consider requests to stay the decision using the criteria
set forth in Sec. 107.507(b)(1)-(4) of this part.
(c) The FMCSA Agency Official may request additional information or
documents and, to ensure that the deficiencies identified as the basis
for the action have been corrected, may conduct additional
investigation. If the registration holder does not provide the
information requested, the FMCSA Agency Official may deny the petition
for reconsideration. The FMCSA Agency Official considers all
information and documentation submitted on reconsideration.
(d) The FMCSA Agency Official grants or denies, in whole or in
part, the relief requested and informs the requesting person in writing
or by electronic means of the decision.
(e) The rules for service and computation of time in Sec. Sec.
386.6 and 386.8 of this title shall apply to this section, except that
electronic service is permitted.
0
8. Add Sec. 107.507 to read as follows:
Sec. 107.507 Appeal.
(a) A person who requested reconsideration under Sec. 107.506 and
is denied the relief requested may appeal to the FMCSA Agency
Decisionmaker. The appeal must be in writing and served on the Agency
Decisionmaker, ATTN: Adjudications Counsel, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE Washington, DC 20590-
0001, or by submitting the documents electronically to
[email protected]. The appeal must also be served on all
parties to the proceeding. The appeal must:
(1) Be served within 30 days of service of the FMCSA Agency
Official's decision on reconsideration;
(2) State in detail any alleged errors of fact, law, or procedure;
(3) Enclose any additional information needed to support the
appeal; and
(4) State in detail the modification of the final decision sought.
(b) The FMCSA Agency Official's action remains effective pending a
decision on appeal. Requests for a stay of the FMCSA Agency Official's
action will be considered using the following criteria:
(1) There is a substantial likelihood that the requesting party
will prevail on the merits;
(2) The requesting party will suffer irreparable injury absent the
stay;
(3) The threatened injury outweighs whatever damage the stay may
cause the opposing party; and
(4) The stay will not harm the public interest.
(c) The FMCSA Agency Official files a response to the appeal no
later than 30 days following service of the appeal. The FMCSA Agency
Official addresses each assignment of error by producing evidence or
legal argument that supports the Agency Official's determination on
that issue. The Agency Official's determination may be supported by
circumstantial or direct evidence and the reasonable inferences drawn
therefrom. The burden of proof shall be on the FMCSA Agency Official.
(d) The FMCSA Agency Decisionmaker may ask the parties to
[[Page 85654]]
submit additional information. If the registration holder does not
provide the information requested, the Agency Decisionmaker may dismiss
the petition for review. The FMCSA Agency Decisionmaker grants or
denies, in whole or in part, the relief requested and informs the
appellant in writing of the decision on appeal. The FMCSA Agency
Decisionmaker decision on the appeal is the final agency action.
(e) The rules for service, filing of documents, and computation of
time in Sec. Sec. 386.6, 386.7, and 386.8 of this title shall apply to
this section, except that electronic service is permitted.
0
9. In Sec. 107.701, revise paragraph (c) to read as follows:
Sec. 107.701 Purpose and scope.
* * * * *
(c) Registration under subpart F, G, or J of this part is not
subject to the procedures of this subpart.
0
10. In part 107, subpart J is added to read as follows:
Subpart J--Registration of Tank Car Facilities and Design
Certifying Engineers
Sec. 107.901 Purpose and Scope.
Sec. 107.903 Definitions.
Sec. 107.905 Tank car facility registration.
Sec. 107.907 Tank car design certifying engineer registration.
Sec. 107.909 Period of registration, updates, and record retention.
Sec. 107.911 Modification, suspension, or termination of
registration.
Sec. 107.913 Reconsideration.
Sec. 107.915 Appeal.
Sec. 107.901 Purpose and scope.
(a) This subpart establishes a registration procedure for tank car
facilities and tank car Design Certifying Engineers.
(b) Persons who apply for registration in accordance with this
subpart must be familiar with the requirements set forth in part 179
and part 180, subpart F of this chapter.
Sec. 107.903 Definitions.
The following definitions apply for the purpose of this subpart:
Associate Administrator for Safety, FRA means the Federal Railroad
Administration, Associate Administrator for Safety.
Design Certifying Engineer is defined in Sec. 171.8 of this
chapter.
FRA Administrator means the Administrator of the Federal Railroad
Administration.
Qualification is defined in Sec. 180.503 of this chapter.
Tank car is defined in Sec. 179.2 of this chapter.
Tank car facility is defined in Sec. 179.2 of this chapter.
Tank car tank is defined in Sec. 180.503 of this chapter.
Sec. 107.905 Tank car facility registration.
(a) No person may engage in the qualification of a tank car
manufactured and maintained under the terms of a DOT specification
under subchapter C of this chapter or a special permit issued under
this part unless the person is registered with the Department in
accordance with the provisions of this subpart.
(b) A person who performs functions subject to the provisions of
this subpart may perform only those functions that have been identified
to the Department in accordance with the procedures of this subpart.
(c) Persons registering a tank car facility may submit their
registration statements and all the information required by this
subpart, in English, electronically at www.phmsa.dot.gov or in hard
copy form to: Associate Administrator of Hazardous Materials Safety
(Attention: General Approvals and Permits, PHH-13) Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001.
(d) Each person must submit a separate registration statement and
each tank car facility will be assigned a unique registration number.
(e) Upon determination that a tank car facility registration
statement contains all the information required by this subpart, the
Department will send the registrant a letter or provide electronic
confirmation verifying receipt of the registration application and
assigning a registration number to that facility.
(f) Each tank car facility registration statement must contain the
following information:
(1) Name of business;
(2) Street address, mailing address, telephone number, and email
address, if available, for the facility or place of business;
(3) A statement indicating whether the facility uses mobile
testing/inspection equipment to perform manufacturing, maintenance, or
qualification at a location other than the address listed in paragraph
(f)(2) of this section;
(4) A statement signed by the principal, officer, partner, or
employee of the facility responsible for compliance with the applicable
requirements of this chapter, certifying knowledge of those
requirements and that each employee who is a hazmat employee has been
trained in accordance with Sec. 172.704 of this chapter and is
knowledgeable and trained in the functions the employee performs, and
that the facility's quality assurance program complies with the
requirements of Sec. 179.7 of this chapter. The following statement
may be used:
I certify that this facility operates in conformance with minimum
requirements set forth in this chapter; that all persons are
knowledgeable and trained in the functions they perform; that I am the
person responsible for ensuring compliance with the applicable
requirements of this chapter; that I maintain all required
documentation to verify compliance; that I have knowledge of the
requirements applicable to the functions to be performed; and that this
tank car facility's quality assurance program is in compliance with the
requirements of 49 CFR 179.7.
(5) A description of the specific qualification functions to be
performed on tank cars. For example:
(i) External visual inspection;
(ii) Leakproofness testing; or
(iii) Ultrasonic examination.
(6) A description of any other tank car-related functions performed
at the facility. For example:
(i) Manufacture; or
(ii) Maintenance.
(7) An identification of the types of DOT specification and special
permit tank cars that the registrant intends to qualify and manufacture
or maintain, if applicable;
(8) Each tank car facility must submit an executive summary of the
facility's current quality assurance program, sufficient to demonstrate
compliance with the required elements of Sec. 179.7(b) of this
chapter; and
(9) If the registrant is not a resident of the United States, the
name and address of a permanent resident of the United States
designated in accordance with Sec. 105.40 of this subchapter to serve
as agent for service of process.
Sec. 107.907 Tank car Design Certifying Engineer registration.
(a) No person may approve the design of a tank car or service
equipment manufactured in accordance with subchapter C of this chapter
or a special permit issued under this part unless the person is
registered with the Department in accordance with the provisions of
this subpart.
(b) A person who performs functions subject to the provisions of
this subpart may perform only those functions that have been identified
to the Department in accordance with the procedures of this subpart.
(c) Persons registering a tank car Design Certifying Engineer may
submit
[[Page 85655]]
their registration statements and all the information required by this
subpart, in English, electronically at www.phmsa.dot.gov or in hard
copy form to: Associate Administrator of Hazardous Materials Safety
(Attention: General Approvals and Permits, PHH-13), Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, 1200 New Jersey Avenue SE Washington, DC
20590-0001.
(d) Each registration statement must be in English and contain the
following information:
(1) Name of business;
(2) Street address, mailing address, telephone number, and email
address, if available, for each person or place of business;
(3) A statement signed by the person responsible for compliance
with the applicable requirements of this chapter, certifying knowledge
of those requirements and that each employee who is a hazmat employee,
including a Design Certifying Engineer, meets the minimum qualification
requirements set forth in Sec. 171.8 of this chapter; has been trained
in accordance with Sec. 172.704 of this chapter; and is knowledgeable
and trained in the functions the employee performs. The following
statement may be used:
I certify that all hazmat employees performing any hazardous
materials transportation function have met the training requirements of
49 CFR 172.704; that any Design Certifying Engineer hazmat employees
have met the minimum qualification requirements set forth in 49 CFR
171.8 for Design Certifying Engineers; that all persons are
knowledgeable and trained in the hazardous materials transportation
functions they perform; that I am the person responsible for ensuring
compliance with the applicable requirements of this chapter; that I
maintain all required documentation to verify compliance; and that I
have knowledge of the requirements applicable to the hazardous
materials transportation functions to be performed.
(4) A description of the specific functions to be performed, e.g.:
(i) New tank car design;
(ii) Tank car modification;
(iii) New service equipment design; and
(iv) Service equipment modification.
(5) An identification of the types of DOT specification and special
permit tank cars and service equipment whose designs the registrant
intends to review;
(6) The names and a description of the experience meeting the
definition in Sec. 171.8 of this chapter for each individual engineer
employed as a Design Certifying Engineer; and
(7) If the registrant is not a resident of the United States, the
name and address of a permanent resident of the United States
designated in accordance with Sec. 105.40 of this subchapter to serve
as an agent for service of process.
(e) Upon determination that a registration statement contains all
of the information required by this subpart, the Department will send
the registrant a letter or provide electronic confirmation verifying
receipt of the registration application and assigning a registration
number to that person. A separate registration number will be assigned
to each individual employed as a Design Certifying Engineer and
identified in the registration statement by the registrant.
Sec. 107.909 Period of registration, updates, and record retention.
(a) The period of registration for both tank car facilities and
tank car Design Certifying Engineers will be for a maximum of six years
from the date of the original registration and for six-year renewal
periods thereafter.
(b) Any correspondence with the Department must contain the
registrant's name and registration number.
(c) A registration must be renewed prior to expiration of the
period of registration to ensure continued authorization to perform
authorized duties by submitting an up-to-date registration statement
containing the information prescribed by Sec. Sec. 107.905 or 107.907
of this subpart. Any person initially registered under the provisions
of Sec. Sec. 107.905 or 107.907 of this subpart and who is in good
standing is eligible for renewal.
(d) A registrant shall provide notification to PHMSA within 30 days
of any of the following occurrences:
(1) Any change in the registration information submitted under
Sec. Sec. 107.905 or 107.907 of this subpart, (e.g., change of company
name, address, ownership, or names and description of the experience
meeting the definition in Sec. 171.8 of this chapter for each
individual engineer employed as a Design Certifying Engineer);
(2) Replacement of the person responsible for compliance with the
requirements in Sec. Sec. 107.905(f)(4) or 107.907(d)(3) of this
subpart. If this occurs, the registrant shall resubmit the required
certification;
(3) A change in function, such as from maintenance to manufacture,
an addition of a function, or a change to the types of qualifications
or certifications of tank cars conducted by the facility; or
(4) The facility or Design Certifying Engineer no longer performs
any functions requiring a registration under this subpart.
(e) Each registrant shall maintain a current copy of the
registration information submitted to the Department and a current copy
of the registration number received from the Department at the location
identified in Sec. Sec. 107.905(f)(2) or 107.907(d)(2) of this subpart
during such time the person is registered with the Department and for
two (2) years thereafter.
Sec. 107.911 Modification, Suspension, or Termination of
Registration.
(a) The Associate Administrator for Safety, FRA may modify,
suspend, or terminate a tank car facility or tank car Design Certifying
Engineer registration, as appropriate, on finding that:
(1) Because of a change in circumstances, the registration is no
longer needed or would no longer be granted if applied for;
(2) The application contained inaccurate or incomplete information,
and the registration would not have been granted had the application
been accurate and complete;
(3) The application contained deliberately inaccurate or incomplete
information; or
(4) The holder knowingly has violated the terms of the registration
or an applicable requirement of this chapter in a manner demonstrating
lack of fitness to conduct the activity for which registration is
required.
(b) Except as provided in paragraph (c) of this section, before a
registration is modified, suspended, or terminated, the Associate
Administrator for Safety, FRA notifies the holder of the proposed
action and the reasons for it, and provides an opportunity to show
cause why the proposed action should not be taken.
(1) The holder may file a response with the Associate Administrator
for Safety, FRA within 30 days of receipt of notice of the proposed
action in accordance with the procedures of 49 CFR 209.9 via
[email protected].
(2) After considering the holder's response, or after 30 days have
passed without response since receipt of the notice, the Associate
Administrator for Safety, FRA notifies the holder of the final decision
with a brief statement of reasons.
(c) The Associate Administrator for Safety, FRA, if necessary to
avoid a risk of significant harm to persons or property, may, in the
notification, declare the proposed action immediately effective.
[[Page 85656]]
Sec. 107.913 Reconsideration.
(a) A registration holder may request that the Associate
Administrator for Safety, FRA reconsider a decision under Sec. 107.911
of this subpart. The request must:
(1) Be filed in accordance with the procedures of 49 CFR 209.9 with
[email protected] within twenty days of receipt of the decision;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the
request to reconsider; and
(4) State in detail the modification of the final decision sought.
(b) The Associate Administrator for Safety, FRA considers newly
submitted information on a showing that the information could not
reasonably have been submitted during application processing.
(c) The Associate Administrator for Safety, FRA grants or denies,
in whole or in part, the relief requested and informs the requesting
person of the decision.
Sec. 107.915 Appeal.
(a) A person who requested reconsideration under Sec. 107.913 of
this subpart and is denied the relief requested may appeal to the FRA
Administrator. The appeal must:
(1) Be filed in accordance with the procedures of 49 CFR 209.9 with
[email protected] within 30 days of receipt of the Associate
Administrator for Safety, FRA's decision on reconsideration;
(2) State in detail any alleged errors of fact and law;
(3) Enclose any additional information needed to support the
appeal; and
(4) State in detail the modification of the final decision sought.
(b) The FRA Administrator, if necessary to avoid a risk of
significant harm to persons or property, may declare that the Associate
Administrator for Safety, FRA's action remain effective pending a
decision on appeal.
(c) The FRA Administrator grants or denies, in whole or in part,
the relief requested and informs the appellant of the decision on
appeal. The FRA Administrator's decision on the appeal is the final
administrative action.
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
0
11. The authority citation for part 171 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 701 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
0
12. In Sec. 171.6, revise the table in paragraph (b)(2) to read as
follows:
Sec. 171.6 Control numbers under the Paperwork Reduction Act.
* * * * *
(b) * * *
(2) * * *
------------------------------------------------------------------------
Title 49 CFR part or
section where
Current OMB control number Title identified and
described
------------------------------------------------------------------------
2137-0014..................... Cargo Tank Sec. Sec. 107.503,
Specification 107.504, 107.505,
Requirements. 107.506, 107.507,
178.320, 178.337,
178.338, 178.345,
180.405, 180.407,
180.409, 180.413,
180.415, 180.417.
2137-0018..................... Inspection and Sec. Sec. 173.24,
Testing of 173.32, 178.3,
Portable Tanks 178.255, 178.273,
and Intermediate 178.274, 178.703,
Bulk Containers. 178.801, 180.352,
180.605.
2137-0022..................... Testing, Sec. Sec. 173.5b,
Inspection, and 173.302a, 173.303,
Marking 173.304, 173.309,
Requirements for 178.2, 178.3,
Cylinders. 178.35, 178.44,
178.45, 178.46,
178.57, 178.59,
178.60, 178.61,
178.68, 180.205,
180.207, 180.209,
180.211, 180.213,
180.215, 180.217,
Appendix C to part
180.
2137-0034..................... Hazardous Sec. Sec. 172.200,
Materials 172.201, 172.202,
Shipping Papers 172.203, 172.204,
and Emergency 172.505, 172.600,
Response 172.602, 172.604,
Information. 172.606, 173.6,
173.7, 173.22,
173.56, 174.24,
174.26, 174.114,
175.30, 175.31,
175.33, 176.24,
176.27, 176.30,
176.36, 176.89,
177.817.
2137-0039..................... Hazardous Sec. Sec. 171.15,
Materials 171.16, 171.21.
Incidents
Reports.
2137-0051..................... Rulemaking and Sec. Sec. 105.30,
Special Permit 105.40, 106.95,
Petitions. 106.110, 107.105,
107.107, 107.109,
107.113, 107.117,
107.121, 107.123,
107.125, 107.205,
107.211, 107.215,
107.217, 107.219,
107.221, 107.223.
2137-0510..................... RAM Part 173, subpart I,
Transportation Sec. Sec. 173.22,
Requirements. 173.411, 173.415,
173.416, 173.417,
173.457, 173.471,
173.472, 173.473,
173.476.
2137-0542..................... Flammable Sec. Sec. 173.318,
Cryogenic 177.816, 177.840,
Liquids. 180.405.
2137-0557..................... Approvals for Sec. Sec. 107.402,
Hazardous 107.403, 107.405,
Materials. 107.705, 107.713,
107.715, 107.717,
107.803, 107.805,
107.807, 110.30,
172.101, 172.102,
Special Provisions
19, 26, 53, 55, 60,
105, 118, 121, 125,
129, 131, 133, 136,
B45, B55, B61, B69,
B77, B81, N10, N72,
173.2a, 173.4,
173.7, 173.21,
173.22, 173.24,
173.31, 173.38,
173.51, 173.56,
173.58, 173.59,
173.124, 173.128,
173.159, 173.166,
173.171, 173.214,
173.222, 173.224,
173.225, 173.245,
173.301, 173.305,
173.306, 173.314,
173.315, 173.316,
173.318, 173.334,
173.340, 173.411,
173.433, 173.457,
173.471, 173.472,
173.476, 174.50,
174.63, 175.8,
175.85, 175.701,
175.703, 176.168,
176.340, 176.704,
178.3, 178.35,
178.47, 178.53,
178.273, 178.274,
178.503, 178.509,
178.605, 178.606,
178.608, 178.801,
178.813, 180.213.
2137-0559..................... Rail Carrier and Sec. Sec. 107.905,
Tank Car Tanks 107.907, 107.909,
Requirements, 107.911, 107.913,
Rail Tank Car 107.915, 172.102,
Tanks--Transport Special provisions:
ation of B45, B46, B55, B61,
Hazardous B69, B77, B78, B81;
Materials by 173.10, 173.31,
Rail. 174.14, 174.50,
174.63, 174.104,
174.114, 174.204,
179.3, 179.4, 179.5,
179.6, 179.7,
179.11, 179.18,
179.22, 179.100-9,
179.100-12, 179.100-
13, 179.100-16,
179.100-17, 179.102-
4, 179.102-17,
179.103-1, 179.103-
2, 179.103-3,
179.103-5, 179.200-
10, 179.200-14,
179.200-15, 179.200-
16, 179.200-17,
179.200-19, 179.201-
3, 179.201-8,
179.201-9, 179.220-
4, 179.220-7,
179.220-8, 179.220-
13, 179.220-15,
179.220-17, 179.220-
18, 179.220-20,
179.220-22, 179.300-
3, 179.300-7,
179.300-9, 179.300-
12, 179.300-13,
179.300-15, 179.300-
20, 179.400-3,
179.400-4, 179.400-
11, 179.400-13,
179.400-16, 179.400-
17, 179.400-19,
179.400-20, 179.500-
5, 179.500-8,
179.500-12, 179.500-
18, 180.505,
180.509, 180.515,
180.517.
2137-0572..................... Testing Sec. Sec. 173.168,
Requirements for 178.2, 178.601,
Non-bulk Appendix C to part
Packages. 178, Appendix D to
part 178.
[[Page 85657]]
2137-0582..................... Container Sec. Sec. 176.27,
Certification 176.172.
Statement.
2137-0586..................... Hazardous Part 110.
Materials Public
Sector Training
and Planning
Grants.
2137-0591..................... Response Plans Part 130.
for Shipments of
Oil.
2137-0595..................... Cargo Tank Motor Sec. Sec. 173.315,
Vehicles in 178.337-8, 178.337-
Liquefied 9, 180.405, 180.416.
Compressed Gas
Service.
2137-0612..................... Hazardous Part 172, subpart I,
Materials Sec. Sec.
Security Plans. 172.800, 172.802,
172.804.
2137-0613..................... Subsidiary Hazard Sec. Sec. 172.202,
Class and Number/ 172.203.
Type of
Packagings.
2137-0620..................... Inspection and Part 173, subpart A,
Testing of Meter Sec. 173.5a.
Provers.
2137-0621..................... Requirements for Sec. Sec. 173.301,
United Nations 173.304, 173.304b,
(UN) Cylinders. 178.69, 178.70,
178.74, 178.75,
180.207, 180.209,
180.212, 180.215,
180.217.
2137-0628..................... Flammable Sec. Sec. 130.120,
Hazardous 171.16, 173.41,
Materials by 173.145, 173.150,
Rail 174.310, 174.312.
Transportation.
------------------------------------------------------------------------
0
13. In Sec. 171.7:
0
a. Revise paragraphs (h)(39), (k), and (l)(3);
0
b. Remove and reserve paragraph (l)(4); and
0
c. Revise paragraph (n)(21).
The revisions read as follows:
Sec. 171.7 Reference material.
* * * * *
(h) * * *
(39) ASTM D 1838-64 Copper Strip Corrosion by Liquefied Petroleum
(LP) Gases, 1964 (Reapproved 1968), into Sec. 173.315.
* * * * *
(k) Association of American Railroads, American Railroads Building,
Suite 1000, 425 Third Street SW, Washington, DC 20024; telephone 877-
999-8824, https://www.aarpublications.com/
(1) AAR Manual of Standards and Recommended Practices, Section C--
II Specifications for Design, Fabrication, and Construction of Freight
Cars, Chapter 5, Paragraph 5.1, Workmanship, April 2011, into Sec.
179.16.
(2) AAR Manual of Standards and Recommended Practices, Section C--
II Specifications for Design, Fabrication, and Construction of Freight
Cars, Chapter 6, June 2015, into Sec. 179.400-6.
(3) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 1, November 2014, into Sec.
180.517.
(4) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 2, November 2014, into Sec.
179.102-3.
(5) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 3, November 2014, into
Sec. Sec. 173.241, 173.242, 173.247.
(6) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 5, November 2014, into Sec.
179.16.
(7) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Chapter 6, November 2014, into Sec.
179.10.
(8) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix A, November 2014, into
Sec. Sec. 173.314; 179.15; 179.300-15; 179.300-17; 179.400-20.
(9) [Reserved]
(10) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix C, November 2014, into
Sec. Sec. 179.22; 179.220-26; 179.400-25.
(11) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix D, November 2014, into Sec.
180.509.
(12) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix E, November 2014, into
Sec. Sec. 173.31; 179.20; 179.100-12; 179.100-14; 179.101-1; 179.103-
5; 179.200-9; 179.200-13; 179.200-17; 179.220-14; 179.220-18.
(13) [Reserved]
(14) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix M, November 2014, into
Sec. Sec. 179.200-7; 179.201-6; 179.220-6; 179.220-7; 179.400-5;
179.400-8.
(15) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix R, November 2014, except
paragraphs 1.1, 1.2, 3.2, 3.3, 3.4, 5.5 into Sec. 179.6.
(16) [Reserved]
(17) [Reserved]
(18) AAR Manual of Standards and Recommended Practices, Section C--
III, Specifications for Tank Cars, Specification M-1002 (AAR
Specifications for Tank Cars), Appendix W, November 2014, except
paragraph 1.2 into Sec. Sec. 179.11; 179.100-9; 179.100-10; 179.100-
13; 179.100-18; 179.102-1; 179.102-4; 179.102-17; 179.200-10; 179.200-
11; 179.200-22; 179.220-10; 179.220-11; 179.300-9; 179.300-10; 179.400-
5; 179.400-11; 179.400-12; 179.400-15; 179.400-18.
(19) AAR Manual of Standards and Recommended Practices, Section I,
Specially Equipped Freight Car and Intermodal Equipment, 1988, into
Sec. Sec. 174.55; 174.63.
(20) AAR Standard 286; AAR Manual of Standards and Recommended
Practices, Section C, Car Construction Fundamentals and Details,
Standard S-286, Free/Unrestricted Interchange for 286,000 lb. Gross
Rail Load Cars (Adopted 2002; Revised: 2003, 2005, 2006, 2016), into
Sec. 179.13.
* * * * *
(l) * * *
(3) Pamphlet 49, Recommended Practices for Handling Chlorine Bulk
Highway Transports, Edition 10, December 2016, into Sec. 173.315.
(4) [Reserved]
* * * * *
(n) * * *
[[Page 85658]]
(21) CGA Technical Bulletin P-26, Guidelines for Inspection and
Repair of MC-330 and MC-331 Anhydrous Ammonia Cargo Tanks (formerly TB-
2), 1997, into Sec. Sec. 180.407; 180.413.
* * * * *
0
14. In Sec. 171.8, revise the definitions of ``cargo tank'' and
``design certifying engineer'' to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Cargo tank means a bulk packaging that:
(1) Is a tank intended primarily for the carriage of liquids,
gases, solids, or semi-solids and includes appurtenances, closures,
components, and reinforcements (for cargo tank specifications, see 49
CFR 178.320, 178.337-1, or 178.338-1, 178.345-1, as applicable);
(2) Is permanently attached to or forms a part of a motor vehicle,
or is not permanently attached to a motor vehicle but which, by reason
of its size, construction or attachment to a motor vehicle is loaded or
unloaded without being removed from the motor vehicle; and
(3) Is not fabricated under a specification for cylinders,
intermediate bulk containers, multi-unit tank car tanks, portable
tanks, or tank cars.
* * * * *
Design Certifying Engineer means a person registered with the
Department, in accordance with subparts F or J of part 107 of this
chapter, who has the knowledge and ability to perform stress analysis
of pressure vessels and otherwise determine whether a cargo tank or
tank car design and construction meets the applicable DOT
specification. A Design Certifying Engineer meets the knowledge and
ability requirements by meeting any one of the following requirements:
(1) For cargo tanks:
(i) Has an engineering degree and at least one year of work
experience in cargo tank structural or mechanical design;
(ii) Is currently registered as a professional engineer by
appropriate authority of a state of the United States or a province of
Canada; or
(iii) Has at least three years' experience in performing the duties
of a Design Certifying Engineer prior to September 1, 1991.
(2) For tank cars:
(i) Has an engineering degree and at least one year of work
experience in tank car structural or mechanical design; or
(ii) Is currently registered as a professional engineer by an
appropriate authority of a state of the United States or a province of
Canada.
* * * * *
0
15. In Sec. 171.22, revise paragraph (f)(4) to read as follows:
Sec. 171.22 Authorization and conditions for the use of international
standards and regulations.
* * * * *
(f) * * *
(4) Each person who provides for transportation or receives for
transportation (see Sec. Sec. 174.24, 175.30, 176.24, and 177.817 of
this subchapter) a shipping paper must retain a copy of the shipping
paper or an electronic image thereof that is accessible at or through
its principal place of business in accordance with Sec. 172.201(e) of
this subchapter. The shipping paper shall be made readily accessible
for inspection to an authorized official of a federal, state, or local
government agency.
* * * * *
0
16. In Sec. 171.23, revise paragraphs (b)(5) introductory text and
(b)(5)(iii) to read as follows:
Sec. 171.23 Requirements for specific materials and packagings
transported under the ICAO Technical Instructions, IMDG Code, Transport
Canada TDG Regulations, or the IAEA Regulations.
* * * * *
(b) * * *
(5) Hazardous substances. A material meeting the definition of a
hazardous substance, as defined in Sec. 171.8, must conform to the
shipping paper requirements in Sec. 172.203(c) of this subchapter.
Non-bulk packages must be marked in accordance with the requirements in
Sec. 172.324 of this subchapter:
* * * * *
(iii) The letters ``RQ'' must be entered on the shipping paper
either before or after the basic description and marked on a non-bulk
package in association with the proper shipping name for each hazardous
substance listed.
* * * * *
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS
0
17. The authority citation for part 172 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
18. In Sec. 172.101, revise paragraph (j) introductory text to read as
follows:
Sec. 172.101 Purpose and use of the hazardous materials table.
* * * * *
(j) Column 9: Quantity limitations. Columns 9A and 9B specify the
maximum quantities that may be offered for transportation in one
package by passenger-carrying aircraft or passenger-carrying rail
(Column 9A) or by cargo aircraft only (Column 9B), subject to the
following:
* * * * *
0
19. In Sec. 172.102, revise paragraph (c)(1), special provision 13 and
paragraph (c)(3), special provision B45 to read as follows:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(1) * * *
13 The words ``Inhalation Hazard'' shall be entered on each
shipping paper in association with the shipping description, shall be
marked on each non-bulk package in association with the proper shipping
name and identification number, and shall be marked on two opposing
sides of each bulk package. The size of a marking on a bulk package
must conform to Sec. 172.302(b) of this subchapter. In addition,
security plan requirements in part 172, subpart I, apply. The
requirements of Sec. Sec. 172.203(m) and 172.505 of this subchapter do
not apply.
* * * * *
(3) * * *
B45 Each tank must have a reclosing combination pressure relief
device, equipped with stainless steel or platinum rupture discs,
approved by a tank car Design Certifying Engineer.
* * * * *
0
20. In Sec. 172.303, add paragraph (b)(4) to read as follows:
Sec. 172.303 Prohibited marking.
* * * * *
(b) * * *
(4) The display of a BIOHAZARD marking, a ``HOT'' marking, or a
sour crude oil hazard marking in accordance with Sec. Sec. 172.323(c),
172.325(c), or 172.327(a), of this part, respectively.
0
21. In Sec. 172.328, revise paragraph (d) to read as follows:
Sec. 172.328 Cargo tanks.
* * * * *
(d) Emergency shutoff marking. For all cargo tank motor vehicles
subject to emergency remote shutoff device requirements in accordance
with this subchapter, each on-vehicle manually-activated remote shutoff
device for closure of the internal or external self-closing stop valve
must be identified by marking ``Emergency Shutoff'' in letters
[[Page 85659]]
at least 0.75 inches in height, in a color that contrasts with its
background, and located in an area immediately adjacent to the means of
closure.
* * * * *
0
22. In Sec. 172.336, revise the table in paragraph (c) to read as
follows:
Sec. 172.336 Identification numbers; special provisions.
* * * * *
(c) * * *
------------------------------------------------------------------------
Then the alternative
Packaging: When: marking requirement
is:
------------------------------------------------------------------------
On the ends of portable tanks, They have more The identification
cargo tanks, or tank cars. than one numbers on the sides
compartment and of the tank are
hazardous displayed in the
materials with same sequence as the
different compartments
identification containing the
numbers are materials they
being identify.
transported
therein.
On cargo tanks................ They contain only The tank is marked
gasoline. ``Gasoline'' on each
side and rear in
letters no less than
50 mm (2 inches)
high or is placarded
in accordance with
Sec. 172.542(c).
On cargo tanks................ They contain only The cargo tank is
fuel oil. marked ``Fuel Oil''
on each side and
rear in letters no
less than 50 mm (2
inches) high, or is
placarded in
accordance with Sec.
172.544(c).
On one end of nurse tanks if They meet the N/A.
that end contains valves, provisions of
fittings, regulators or Sec.
gauges when those 173.315(m) of
appurtenances prevent the this subchapter.
markings and placard from
being properly placed and
visible.
On each compartment of The cargo tank or The identification
compartmented cargo tanks or tank car number for the
compartmented tank cars. contains more liquid petroleum
than one distillate fuel
petroleum having the lowest
distillate fuel. flash point in any
one compartment is
displayed. However,
if a cargo tank or
tank car compartment
contains gasoline
and alcohol fuel
blends consisting of
more than 10%
ethanol the
identification
number ``3475'' or
``1987,'' as
appropriate, must
also be displayed
for that
compartment.
On cargo tanks (including They transport The identification
compartmented cargo tanks). more than one number for the
petroleum liquid petroleum
distillate fuel distillate fuel
in different having the lowest
trips on the flash point
previous or transported in that
current business previous or current
day. business day is
displayed. If the
cargo tank contains
gasoline and alcohol
fuel blends
consisting of more
than 10% ethanol,
the identification
number ``3475'' or
``1987,'' as
appropriate, must
also be displayed,
and the
identification
numbers ``3475'' or
``1987,'' may only
be displayed if the
material is present
in the cargo tank
during
transportation.
------------------------------------------------------------------------
* * * * *
0
23. In Sec. 172.504, revise paragraph (b) to read as follows:
Sec. 172.504 General placarding requirements.
* * * * *
(b) DANGEROUS placard. A freight container, unit load device,
transport vehicle, or rail car that contains non-bulk packages with two
or more categories of hazardous materials that require different
placards specified in table 2 of paragraph (e) of this section may be
placarded with a DANGEROUS placard instead of the separate placarding
specified for each of the materials in table 2 of paragraph (e) of this
section. However, the DANGEROUS placard may not be used under the
following conditions:
(1) When 1,000 kg (2,205 pounds) aggregate gross weight or more of
one category of material is loaded therein at one loading facility on a
freight container, unit load device, transport vehicle, or rail car,
the placard specified in table 2 of paragraph (e) of this section for
that category must be applied; or
(2) When a hazardous material is transported by vessel.
* * * * *
0
24. In Sec. 172.516, revise paragraph (d) to read as follows:
Sec. 172.516 Visibility and display of placards.
* * * * *
(d) Recommended specifications for a placard holder are set forth
in Appendix C of this part. Except for a placard holder similar to that
contained in Appendix C to this part or contained in Appendix C to this
part prior to [EFFECTIVE DATE OF THE FINAL RULE], the means used to
attach a placard may not obscure any part of its surface other than the
borders.
* * * * *
0
25. In Sec. 172.704:
0
a. Add paragraph (a)(2)(iii); and
0
b. Revise paragraph (e)(1). The revision and addition read as follows:
Sec. 172.704 Training requirements.
(a) * * *
(2) * * *
(iii) For hazardous materials employees transporting hazardous
materials by highway, function specific training must include the
training requirements of Sec. 177.816, as applicable.
* * * * *
(e) * * *
(1) A hazmat employee who manufactures, repairs, modifies,
reconditions, or tests packagings, as qualified for use in the
transportation of hazardous materials, and who does not perform any
other function subject to the requirements of this subchapter, is not
subject to the training requirements of paragraphs (a)(3) and (a)(4) of
this section.
* * * * *
0
26. In Sec. 172.820, add paragraph (d)(3) to read as follows:
Sec. 172.820 Additional planning requirements for transportation by
rail.
* * * * *
(d) * * *
(3) If the rail carrier determines that no practicable alternative
route exists, including consideration of interchange agreements, the
requirements of paragraphs (d)(1) and (d)(2) do not apply. The rail
carrier must describe, in
[[Page 85660]]
writing, the remediation or mitigation measures to be implemented, if
any, on the primary route in conformance with Sec. 172.820(d)(1)(iii)
and certify that an alternative route does not exist for a given
primary route.
* * * * *
0
27. Revise appendix C to part 172 to read as follows:
Appendix C to Part 172--Dimensional Specifications for Recommended
Placard Holder
[GRAPHIC] [TIFF OMITTED] TP28OC24.001
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
0
28. The authority citation for part 173 continues to read as follows:
Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and
1.97.
0
29. In Sec. 173.31, revise paragraphs (a)(2), (d) and (g)(1) to read
as follows:
Sec. 173.31 Use of tank cars.
(a) * * *
(2) Tank cars and appurtenances may be used for the transportation
of any commodity for which they are authorized in this part and
specified on the Design Approval Certificate or for tank cars
constructed prior to [DATE ONE YEAR FROM EFFECTIVE DATE], the
certificate of construction (AAR Form 4-2 or by addendum on Form R-1).
See Sec. 179.5 of this subchapter. Transfer of a tank car from one
specified service on its certificate of construction or Design Approval
Certificate to another may be made only by the owner or with the
owner's authorization. A tank car proposed for a commodity service
other than specified on its certificate of construction or Design
Approval Certificate must be approved for such service by a Design
Certifying Engineer.
* * * * *
(d) Pre-transportation closure, securement, and examination of tank
cars. Prior to transportation, each person who offers a tank car
carrying hazardous material must ensure the tank
[[Page 85661]]
car is closed, secured, and inspected in accordance with this section.
(1) Securement of closures on tank cars. The offeror must have and
follow a written procedure for closing and securing all openings on a
tank car prior to shipment. The person responsible for developing or
updating the procedure must consider available best practices and
guidance from each packaging and component supplier, such as service
equipment manufacturer, gasket manufacturer, tank car owner, or other
product-specific closure manufacturer. The procedure must be
periodically reviewed and updated to reflect changes or modifications
that impact the securement of closures, but not later than every two
years.
(2) Pre-trip Inspection. No person may offer for transportation a
tank car containing a hazardous material or a residue of a hazardous
material unless that person determines that the tank car is in proper
condition and safe for transportation. As a minimum, each person
offering a tank car for transportation must perform an external visual
inspection that includes:
(i) Except where insulation or a thermal protection system
precludes an inspection, the tank shell and heads for abrasion,
corrosion, cracks, dents, distortions, defects in welds, or any other
condition that makes the tank car unsafe for transportation;
(ii) The piping, valves, fittings, and gaskets for corrosion,
damage, or any other condition that makes the tank car unsafe for
transportation;
(iii) For missing or loose bolts, nuts, or elements that make the
tank car unsafe for transportation;
(iv) All closures on tank cars and determine that the closures and
all fastenings securing them are properly tightened in place by the use
of a bar, wrench, or other suitable tool;
(v) Protective housings for proper securement;
(vi) The pressure relief device, including a careful inspection of
the rupture disc in non-reclosing pressure relief devices, for
corrosion or damage that may alter the intended operation of the
device. The rupture disc is not required to be removed prior to visual
inspection if the tank car contains the residue, as defined in Sec.
171.8 of this subchapter, of a Class 8, PG II or PG III material with
no subsidiary hazard or the residue of a Class 9 elevated temperature
material;
(vii) Each tell-tale indicator after filling and prior to
transportation to ensure the integrity of the rupture disc;
(viii) The external thermal protection system, tank-head puncture
resistance system, coupler vertical restraint system, and bottom
discontinuity protection for conditions that make the tank car unsafe
for transportation;
(ix) The required markings on the tank car for legibility; and
(x) The periodic inspection date markings to ensure that the
inspection and test intervals are within the prescribed intervals.
(3) Design of Closures. Closures on tank cars are required, in
accordance with this subchapter, to be designed and closed so that
under conditions normally incident to transportation, including the
effects of temperature and vibration, there will be no identifiable
release of a hazardous material to the environment. In any action
brought to enforce this section, the lack of securement of any closure
to a tool-tight condition, detected at any point, will establish a
rebuttable presumption that a proper inspection was not performed by
the offeror of the car. That presumption may be rebutted by any
evidence indicating that the lack of securement resulted from a
specific cause not within the control of the offeror.
* * * * *
(g) * * *
(1) Except as provided in (g)(1)(i), each hazmat employee who is
responsible for loading or unloading a tank car must ensure the track
is secure to prevent access by other rail equipment, including
motorized service vehicles. The mechanism used to satisfy this
requirement must be under direct control of the hazmat employee
responsible for the loading or unloading operation and must be locked
so that only the employee responsible for the product transfer
operation may remove it. The means of protection under this section
must be capable of stopping or diverting rail equipment to prevent
contact with the tank car or equipment that is part of the transfer
operation. This requirement must be satisfied by lining each switch
providing access to the loading/unloading area away from the unloading
operation and securing each switch with an effective locking device;
using a derail when locked in a derailing position with an effective
locking device on the track providing direct access to the tank car
that is being loaded or unloaded; by using other means that provide an
equivalent level of security; or, a combination of the above.
(i) Equipment may be used to reposition rolling equipment on this
track after the protection has been removed under the following
conditions:
(A) The equipment is operated by an authorized employee under the
direction of the hazmat employee who is responsible for loading or
unloading the tank car;
(B) The hazmat employee who is responsible for loading or unloading
the tank car on the affected track has been notified;
(C) The rolling equipment must not couple into the tank car being
loaded/unloaded; and
(D) The protection must be restored immediately after the
repositioning has been completed.
(ii) [Reserved]
* * * * *
0
30. In Sec. 173.150, revise paragraph (f)(3)(viii) to read as follows:
Sec. 173.150 Exceptions for Class 3 (flammable and combustible
liquids).
* * * * *
(f) * * *
(3) * * *
(viii) The requirements of Sec. Sec. 173.1, 173.21, 173.24,
173.24a, 173.24b, 174.1, 177.804, 177.817, 177.834(j), 177.837(c) and
177.837(d) of this subchapter;
* * * * *
0
31. In Sec. 173.159, revise paragraphs (e)(2), (e)(4), and (e)(5), and
add paragraph (e)(6) to read as follows:
Sec. 173.159 Batteries, wet.
* * * * *
(e) * * *
(2) The batteries must be loaded or braced so as to prevent damage
and short circuits while in transit, in a manner that secures the
batteries against shifting, including relative motion between packages,
under conditions normally incident to transportation;
* * * * *
(4) Except for the purpose of consolidating shipments of batteries
for recycling, the transport vehicle may not carry material shipped by
any person other than the shipper of the batteries;
(5) The offeror must inform persons loading the batteries and the
operator of the vehicle transporting batteries of the requirements of
this paragraph; and
(6) Shipments made under this paragraph are subject to the incident
reporting requirements in Sec. 171.15.
* * * * *
0
32. In Sec. 173.241, revise paragraph (a) introductory text to read as
follows:
Sec. 173.241 Bulk packagings for certain low hazard liquid and solid
materials.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks; and Class 106 or 110 multi-unit tank car
tanks. AAR Class 203W, 206W, and 211W tank car tanks are also
authorized. AAR Class 203W, 206W, and 211W tank car tanks built after
[[Page 85662]]
[DATE ONE YEAR FROM EFFECTIVE DATE] must be as prescribed in AAR
Specifications for Tank Cars Chapter 3 (IBR, see Sec. 171.7 of this
subchapter). Additional operational requirements apply to high-hazard
flammable trains (see Sec. 171.8 of this subchapter) as prescribed in
Sec. 174.310 of this subchapter. Except as otherwise provided in this
section, DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
to transport Class 3 (flammable) liquids in Packing Group III, unless
retrofitted to the DOT Specification 117R retrofit standards or the DOT
Specification 117P performance standards provided in part 179, subpart
D of this subchapter.
* * * * *
0
33. In Sec. 173.242, revise paragraph (a) introductory text to read as
follows:
Sec. 173.242 Bulk packagings for certain medium hazard liquids and
solids, including solids with dual hazards.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 tank car tanks and Class 106 or 110 multi-unit tank car
tanks. AAR Class 206W tank car tanks are also authorized. AAR Class
206W tank car tanks built after [DATE ONE YEAR FROM EFFECTIVE DATE]
must be as prescribed in AAR Specifications for Tank Cars Chapter 3
(IBR, see Sec. 171.7 of this subchapter). Additional operational
requirements apply to high-hazard flammable trains (see Sec. 171.8 of
this subchapter) as prescribed in Sec. 174.310 of this subchapter.
Except as otherwise provided in this section, DOT Specification 111
tank cars and DOT Specification 111 tank cars built to the CPC-1232
industry standard are no longer authorized to transport unrefined
petroleum products, ethanol, and other Class 3 (flammable) liquids in
Packing Group II or III, unless retrofitted to the DOT Specification
117R retrofit standards, or the DOT Specification 117P performance
standards provided in part 179, subpart D of this subchapter.
* * * * *
0
34. In Sec. 173.247, revise paragraph (a) introductory text to read as
follows:
Sec. 173.247 Bulk packaging for certain elevated temperature
materials.
* * * * *
(a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115, or
120 tank car tanks; Class DOT 106, 110 multi-unit tank car tanks; AAR
Class 203W, 206W, 211W tank car tanks; and non-DOT specification tank
car tanks equivalent in structural design and accident damage
resistance to specification packagings. AAR Class 203W, 206W, and 211W
tank car tanks constructed after [DATE ONE YEAR FROM EFFECTIVE DATE]
must be as prescribed in AAR Specifications for Tank Cars Chapter 3
(IBR, see Sec. 171.7 of this subchapter).
* * * * *
Sec. 173.314 [Amended]
0
35. In Sec. 173.314, remove and reserve paragraph (b)(4).
0
36. In Sec. 173.315:
0
a. Revise the first sentence of paragraph (h) introductory text,
paragraphs (i)(13), (j)(1) introductory text, (m)(1)(vi), (m)(1)(vii);
0
b. Add paragraph (m)(1)(viii); and
0
c. Revise the table in paragraph (n)(1).
The revisions and addition read as follows:
Sec. 173.315 Compressed gases in cargo tanks and portable tanks.
* * * * *
(h) Each cargo tank and portable tank, except a tank filled by
weight (see paragraph (e) of this section), must be equipped with one
or more of the gauging devices described in the following table which
indicate accurately the maximum permitted liquid level (for purposes of
the following table, a column entry with ``do'' indicates ``same as
above''). * * *
* * * * *
(i) * * *
(13) A pressure relief device on a chlorine cargo tank must conform
to one of the drawings in The Chlorine Institute, Inc. Pamphlet 49,
``Recommended Practices for Handling Chlorine Bulk Highway Transports''
(IBR, see Sec. 171.7 of this subchapter).
(j) * * *
(1) Storage containers for liquefied petroleum gas charged to five
percent of their capacity or less and intended for permanent
installation on consumer premises may be shipped by private motor
carrier under the following conditions:
* * * * *
(m) * * *
(1) * * *
(vi) Is securely mounted on a farm wagon or meets paragraph (m)(3)
of this section;
(vii) Is in conformance with the requirements of part 172 of this
subchapter except that shipping papers are not required; and it need
not be marked or placarded on one end if that end contains valves,
fittings, regulators, or gauges when those appurtenances prevent the
markings and placard from being properly placed and visible; and
(viii) For tanks manufactured after [DATE 90 DAYS FROM EFFECTIVE
DATE], the cargo tank must be subjected to full post weld heat
treatment.
* * * * *
(n) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
Obstructed view
Required emergency deliveries under
Sec. Hazardous material Delivery service discharge control Sec. 177.840(p) of
173.315(n)(1)(*) capability this subchapter
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(iii)................. Anhydrous ammonia Other than metered Paragraph (n)(2) of ....................
either Division 2.2 delivery service. this section.
or 2.3.
Anhydrous Ammonia, Metered delivery Paragraph (n)(3) of ....................
either Division 2.2 service, 13,247 L this section.
or 2.3. (3,500 water
gallons) or less.
Anhydrous Ammonia, Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
either Division 2.2 service, over 13,247 this section; and (n)(4) of this
or 2.3. L (3,500 water section.
gallons).
Anhydrous Ammonia, Both metered delivery Paragraph (n)(2) of ....................
either Division 2.2 service and other this section,
or 2.3. than metered provided the system
delivery service, operates for both
over 13,247 L (3,500 metered and other
water gallons). than metered
delivery service;
or (n)(2) and
(n)(3).
[[Page 85663]]
(iv).................. Division 2.2 with a Other than metered Paragraph (n)(2) of ....................
subsidiary hazard. delivery service. this section.
Division 2.2 with a Metered delivery Paragraph (n)(3) of ....................
subsidiary hazard. service, 13,247 L this section.
(3,500 water
gallons) or less.
Division 2.2 with a Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
subsidiary hazard. service, over 13,247 this section; and (n)(4) of this
L (3,500 water section.
gallons).
(v)................... Division 2.1......... Other than metered Paragraph (n)(2) of ....................
delivery service. this section.
Division 2.1......... Metered delivery Paragraph (n)(3) of ....................
service, 13,247 L this section.
(3,500 water
gallons) or less.
Division 2.1......... Metered delivery Paragraph (n)(3) of Paragraph (n)(2) or
service, over 13,247 this section; (n)(4) of this
L (3,500 water section.
gallons).
----------------------------------------------------------------------------------------------------------------
* * * * *
0
37. In Sec. 173.320, revise paragraphs (a) introductory text and (b)
introductory text to read as follows:
Sec. 173.320 Cryogenic liquids; exceptions.
(a) Cryogenic liquids authorized to use this section by Column 8(A)
of the Sec. 172.101 Hazardous Materials Table of this subchapter,
which are transported in Dewar flasks, insulated cylinders, insulated
portable tanks, insulated cargo tank motor vehicles, and insulated tank
cars that have been designed and constructed so that the pressure in
such packagings will not exceed 25.3 psig under ambient temperature
conditions during transportation, are not subject to the requirements
of this subchapter when transported by motor vehicle or railcar except
for:
* * * * *
(b) The requirements of this subchapter do not apply to cryogenic
liquids authorized to use this section by Column 8(A) of the Sec.
172.101 Hazardous Materials Table of this subchapter:
* * * * *
PART 174--CARRIAGE BY RAIL
0
38. The authority citation for part 174 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and
1.97.
0
39. In Sec. 174.9, revise paragraph (a) and add paragraph (e) to read
as follows:
Sec. 174.9 Safety and security inspection and acceptance.
(a) At each location where a hazardous material is accepted for
transportation or placed in a train, the carrier must inspect each rail
car containing the hazardous material, at ground level, for required
markings, labels, placards, securement of closures, and leakage. These
inspections may be performed in conjunction with inspections required
under 49 CFR parts 215 and 232.
* * * * *
(e) In an action brought to enforce this section, a train found
departing a location where the hazardous material is accepted for
transportation or placed in a train with improper hazard communication,
unapplied closures, or leaking hazardous material, which is readily
apparent from the ground level, will establish a rebuttable presumption
that a proper inspection was not performed by the carrier. The
presumption may be rebutted by any evidence indicating that the
improper hazard communication, unapplied closures, or leaking hazardous
material resulted from a specific cause not identifiable by the carrier
during the inspection.
0
40. In Sec. 174.14, revise paragraph (a) to read as follows:
Sec. 174.14 Movements to be expedited.
(a) A carrier must forward each shipment of hazardous materials
promptly and within 48 hours (Saturdays, Sundays, and holidays
excluded), after acceptance at the originating point or receipt at any
yard or interchange point. Exceptions from the requirement to forward a
shipment within 48 hours are as follows and the carrier must keep a
record of the delay of a shipment in accordance with one of these
exceptions:
(1) When only biweekly or weekly service is performed, a shipment
of hazardous materials must be forwarded on the first available train;
(2) Where circumstances preclude delivery to the consignee
destination listed on the shipping paper (e.g., excessive railcar
congestion on private track), railcars may be temporarily held until
alternative disposition is obtained, or the circumstances precluding
delivery are resolved; or
(3) Where the shipment contains only the residue of a hazardous
material.
* * * * *
Sec. Sec. 174.16 and 174.20 [Remove and Reserve]
0
41. Remove and reserve Sec. Sec. 174.16 and 174.20.
0
42. In Sec. 174.24, revise paragraph (b) to read as follows:
Sec. 174.24 Shipping papers.
* * * * *
(b) Each person receiving a shipping paper required by this section
must retain a copy or an electronic image thereof, that is accessible
at or through its principal place of business and must make the
shipping paper available, upon request, to an authorized official of a
Federal, State, or local government agency at reasonable times and
locations. In non-emergency circumstances, the shipping paper must be
made available no later than close of business the following business
day from the time of the request. For a hazardous waste, each shipping
paper copy must be retained for three years after the material is
accepted by the initial carrier. For all other hazardous materials,
each shipping paper copy must be retained for one year after the
material is accepted by the initial carrier. Each shipping paper copy
must include the date of acceptance by the initial carrier. The date on
the shipping paper may be the date a shipper notifies the rail carrier
that a shipment is ready for transportation, as indicated on the
waybill or bill of lading, as an alternative to the date the shipment
is picked up, or accepted, by the carrier.
0
43. Revise Sec. 174.50 to read as follows:
[[Page 85664]]
Sec. 174.50 Nonconforming or leaking packages.
(a) Applicability. (1) Except as otherwise provided in paragraph
(b) of this section, a rail car in hazardous material service that is
not able to retain its contents in accordance with Sec. 173.24 of this
subchapter or a DOT specification tank car that does not conform to
this subchapter may not be moved in transportation unless approved for
movement by the Associate Administrator for Safety, Federal Railroad
Administration.
(2) A leaking non-bulk package may not be forwarded until repaired,
reconditioned, or overpacked in accordance with Sec. 173.3 of this
subchapter.
(b) Exceptions. (1) A leaking bulk package containing hazardous
material may be moved without repair or approval only so far as
necessary to reduce or eliminate an immediate threat of harm to human
health or the environment when it is determined its movement would
provide greater safety than allowing the bulk package to remain in
place. In the case of a liquid leak, the company in possession of the
bulk package must take measures to prevent the spread of the liquid.
(2) A non-conforming rail car that does not contain any hazardous
material may be moved without repair or approval, provided the non-
conforming condition does not affect the structural integrity of the
rail car.
(3) A rail car containing a hazardous material that is found during
the course of transportation to be overloaded by weight by 3,000 pounds
or less of the maximum gross weight on rail (MGWR) when weighed on a
weigh-in-motion scale, or a rail car containing a hazardous material
that is found to be overloaded by weight by 1,000 pounds or less of the
rail car's MGWR when weighed on a static scale. These tolerances apply
to a rail car that the railroad operator discovers to be loaded above
the rail car's MGWR during the course of transportation. This does not
authorize the original offeror to knowingly offer a rail car for
transportation when the pre-transportation calculations or scale weight
exceed the MGWR of the rail car.
(4) For cross-border movements to or from Canada, a rail car in
hazardous material service that is not able to retain its contents in
accordance with Sec. 173.24 of this subchapter or a DOT specification
tank car moved in accordance with the TDG Regulations (see Sec.
171.12), or a Temporary Certificate issued by the Competent Authority
of Canada, as applicable.
(c) Approval Process. To apply for a One-Time Movement Approval,
follow the guidance in FRA's guide for requesting a One-Time Movement
Approval (HMG-127) and the requirements set forth in this section, as
applicable.
(d) General One-Time Movement Approval Requirements. These general
requirements apply to the grantee of an approval for a non-conforming
rail car for transportation under the terms of a One-Time Movement
Approval issued by FRA in accordance with this section.
(1) Marking. Prior to moving a non-conforming rail car, regardless
of the lading, the rail car must have the following or similar wording
applied to both sides of the rail car in a stencil, decal, or tag that
is readily visible. This requirement does not apply to tank cars moved
under a One-Time Movement Approval issued for rail cars that are
overloaded by weight. The stencil, decal, or tag required by this
paragraph must not be removed until appropriate repairs are made to the
rail car. Rail cars with defective service equipment must also tag the
specific equipment (e.g., valve or fitting) with the following wording
or alternative wording that conveys a similar message.
------------------------------------------------------------------------
-------------------------------------------------------------------------
HOME SHOP FOR REPAIRS
DO NOT LOAD
or
MOVING FOR
DISMANTLING
DO NOT LOAD
------------------------------------------------------------------------
(2) Notification. Each approval grantee must:
(i) Notify the owner of the rail car that it is being moved under
the terms of a One-Time Movement Approval;
(ii) Ensure the consignee or final destination facility has been
notified and will accept the non-conforming rail car and be willing and
capable of unloading the lading, if necessary, to perform the required
maintenance. For tank cars, a tank car facility, either fixed or
mobile, must perform the required maintenance at the destination
indicated in the application;
(iii) Ensure that the cleaning facility is capable of cleaning the
rail car if the non-conforming rail car contains a hazardous material
and requires movement to a cleaning facility prior to movement for
repair;
(iv) Ensure that each rail carrier that will handle the defective
rail car in transportation has been notified and will accept the non-
conforming rail car for transportation; and
(v) Ensure that shipping documentation transmitted to the initial
rail carrier involved in the movement of the non-conforming shipment
identifies that the rail car is moving under a One-Time Movement
Approval.
(3) Recordkeeping. The approval grantee is required to maintain a
copy or an electronic image of the One-Time Movement Approval and must
make the information available upon request to FRA personnel. The One-
Time Movement Approval must be retained for one year from the date of
issuance of the approval.
(4) Routing. The approval grantee and the rail carrier(s) involved
in the movement of the non-conforming rail car must consider the nature
of the non-conformance and select the most appropriate route to the
nearest cleaning facility and rail car repair facility capable of
performing the required cleaning and/or repairs.
(5) Root Cause Analysis. A recommended format for a root cause
analysis report is provided as an Appendix in the FRA guidance on
applying for a One-Time Movement Approval.
(i) If FRA requires a root cause analysis for a non-conforming rail
car, the grantee is responsible for notifying the rail car owner of the
requirement and coordinating with the rail car owner to determine
disposition of the rail car.
(ii) If FRA requires a root cause analysis for an overloaded rail
car, the grantee is responsible for notifying the facility that loaded
and offered the rail car of the requirement to provide FRA with a root
cause analysis.
(e) Compliance Responsibility. (1) The person who offers the rail
car into transportation and the grantee of the One-Time Movement
Approval are responsible for ensuring compliance with all applicable
requirements specified in this section and the One-Time Movement
Approval.
(2) FRA may issue written notification to any entity found to be
non-compliant with the requirements of this section or the conditions
of the One-Time Movement Approval. This written notification may
require the entity to submit all future One-Time Movement Approval
requests as a Category 1 One-Time Movement Approval regardless of the
identified non-conforming condition with the rail car. This limitation
will apply to the particular entity until otherwise notified in writing
by the FRA.
0
44. Add Sec. 174.58 to read as follows:
Sec. 174.58 Residue shipment.
As referenced in the Sec. 171.8 definition of residue, the phrase
``extent practicable'' means an unloading facility has unloaded a bulk
package using
[[Page 85665]]
properly functioning service equipment and plant process equipment.
0
45. Revise Sec. 174.59 to read as follows:
Sec. 174.59 Marking and placarding of rail cars.
No person may transport a rail car carrying hazardous materials
unless it is marked and placarded as required by this subchapter.
Required placards lost in transit must be replaced at the nearest
inspection point in the direction of travel where mechanical personnel
responsible for inspections related to 49 CFR parts 215 and 232 are on
duty, and non-compliant placards must be removed at the next terminal
in the direction of travel where the train is classified. For Canadian
shipments, required placards lost in transit must be replaced either by
those required by part 172 of this subchapter or by those authorized
under Sec. 171.12.
0
46. In Sec. 174.63, revise the section heading, and paragraphs (b),
(c)(1), and (c)(2) to read as follows:
Sec. 174.63 Requirements for rail transport of Portable tanks, IM
portable tanks, IBCs, Large Packagings, cargo tanks, and multi-unit
tank car tanks in TOFC/COFC Service.
* * * * *
(b) A bulk packaging containing a hazardous material (including IM
101 and IM 102 portable tanks when appropriate according to dimensions
and weight distribution) may be transported inside a fully closed
transport vehicle or fully closed freight container provided it is
properly secured with a restraint system that will prevent it from
changing position, sliding into other packages, or contacting the side
or end walls (including doors) under conditions normally incident to
transportation.
(c) * * *
(1)(i) The bulk packaging contains a material packaged in
accordance with Sec. Sec. 173.240, 173.241, 173.242, 173.243, or
173.247; or
(ii) The bulk packaging contains a Division 2.2 material not
specifically provided for in the Sec. 173.315(a)(2) table and packaged
in accordance with Sec. 173.315;
(2) The bulk packaging must comply with the applicable requirements
of the HMR concerning its specification, if applicable for the material
it contains, and the rail car must comply with the applicable
regulatory requirements for the type of rail car being used.
* * * * *
0
47. Revise Sec. 174.67 to read as follows:
Sec. 174.67 Tank car transloading.
(a) General requirements. (1) Transloading operations must be
performed by hazmat employees who are properly trained in the loading
and unloading of hazardous materials and are made responsible for
compliance with this section and Sec. Sec. 173.31(d) and (g) of this
subchapter.
(2) When placed for transloading and before unsecuring any closure,
a tank car must be protected against motion or coupling in accordance
with Sec. 173.31(g).
(3) [Reserved]
(4) [Reserved]
(5) The transloading facility operator must maintain and adhere to
written safety procedures--such as those it may already be required to
maintain pursuant to the Department of Labor's Occupational Safety and
Health Administration requirements in 29 CFR 1910.119 and 1910.120--in
a location where they are immediately available to hazmat employees
responsible for the transloading operation. The procedures must include
measures to address the safe handling and operation of the tank car and
tank car service equipment, as well as account for physical and
chemical properties of the lading being transloaded. At a minimum, the
transloading procedures required by this paragraph must include
provisions that address the following:
(i) Temperature monitoring and pressure relief;
(ii) Safe operation of the tank car for product loading or
unloading;
(iii) Proper disposal of used seals and other debris;
(iv) Measures to avoid spillage of contents outside the tank;
(v) Operation of tank car service equipment;
(vi) Proper removal of product plugs that prevent adequate
operation of the valves and equipment; and
(vii) Proper tool maintenance measures including the types of tools
to use, calibration, cleanliness, and instructions on use.
(6) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) Connections for transloading equipment must be securely
attached before any valves are opened.
(i) Throughout the entire period of transloading and while a tank
car has transloading equipment attached, the facility operator must
assure that the tank car is:
(1) Attended by a designated hazmat employee who is physically
present and who has an unobstructed view of the transloading operation;
or
(2) Monitored by a signaling system (e.g., video system, sensing
equipment, or mechanical equipment) that is observed by a designated
hazmat employee located either in the immediate area of the tank car or
at a remote location within the facility, such as a control room. The
signaling system must--
(i) Provide a level of surveillance equivalent to that provided in
paragraph (i)(1) of this section; and
(ii) Provide immediate notification to a designated hazmat employee
of any system malfunction or other emergency so that, if warranted,
responsive actions may be initiated immediately.
(j) Attendance is not required when piping is attached to a top
outlet of a tank car, equipped with a protective housing required under
Sec. 179.100-12 of this subchapter, for transfer of lading under the
following conditions:
(1) All valves are tightly closed.
(2) The piping is not connected to hose or other product transfer
equipment and is fitted with a cap or plug of appropriate material and
construction.
(3) The piping extends no more than 15.24 centimeters (6 inches)
from the outer edge of the protective housing.
(k) In the absence of the transloader, a tank car may stand with
transloading connections attached when no product is being transferred
under the following conditions:
(1) The facility operator must designate a hazmat employee
responsible for on-site monitoring of the transfer facility. The
designated hazmat employee must be made familiar with the nature and
properties of the product contained in the tank car; procedures to be
followed in the event of an emergency; and, in the event of an
emergency, have the ability and authority to take responsible actions.
(2) When a signaling system is used in accordance with paragraph
(i) of this section, the system must be capable of alerting the
designated hazmat employee in the event of an emergency and providing
immediate notification of any monitoring system malfunction. If the
monitoring system does not have self-monitoring capability, the
designated hazmat employee must check the monitoring system hourly for
proper operation.
(3) The tank car and facility shutoff valves must be secured in the
closed position.
(4) Brakes must be set, and wheels locked, in accordance with Sec.
173.31(g) of this subchapter.
(5) Access to the track must be secured in accordance with Sec.
173.31(g) of this subchapter.
(l) Once the transloading operation is complete, all tank car
valves and
[[Page 85666]]
closures must be secured in accordance with Sec. 173.31(d) of this
subchapter. The tank car then must be inspected by a designated hazmat
employee in accordance with Sec. 173.31(d) of this subchapter before
it is released to the rail carrier for continued movement.
(m) Railroad defect cards may not be removed.
(n) [Reserved]
(o) [Reserved]
0
48. In Sec. 174.81, revise paragraph (g)(3)(iv) to read as follows:
Sec. 174.81 Segregation of hazardous materials.
* * * * *
(g) * * *
(3) * * *
(iv) ``4'' means detonators, detonating assemblies, and boosters
with detonators may not be loaded in the same car with Division 1.1 and
1.2 (explosive) materials (except other detonators, detonating
assemblies, and boosters with detonators).
* * * * *
PART 176--CARRIAGE BY VESSEL
0
49. The authority citation for part 176 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
50. In Sec. 176.2, revise the definition for ``Commandant'' to read as
follows:
Sec. 176.2 Definitions.
* * * * *
Commandant (CG-ENG), USCG means the Chief, Office of Design and
Engineering Standards, United States Coast Guard, Washington, DC 20593-
7509.
* * * * *
0
51. In Sec. 176.84, revise paragraph (a) to read as follows:
Sec. 176.84 Other requirements for stowage, cargo handling, and
segregation for cargo vessels and passenger vessels.
(a) General. When Column 10B of the Sec. 172.101 Table refers to a
numbered or alpha-numeric stowage provision for water shipments, the
meaning and requirements of that provision are set forth in this
section. Terms in quotation marks are defined in Sec. 176.83. Other
terms used in the table in this section--such as ``acids,''
``chlorates,'' and ``permanganates''--indicate different chemical
groups referred to here as segregation groups. Materials falling within
a segregation group are considered to have certain similar chemical
properties and, although not exhaustive in nature, the materials
belonging to each group include those substances identified in section
3.1.4 of the IMDG Code (IBR, see Sec. 171.7 of this subchapter), as
set forth in Sec. 176.83(m). Hazardous materials offered for
transportation as limited quantities are not subject to the stowage
codes assigned by Column 10B of the Sec. 172.101 Table (see Sec.
172.101(k)).
* * * * *
0
52. In Sec. 176.340, revise paragraph (c) to read as follows:
Sec. 176.340 Combustible liquids in portable tanks.
* * * * *
(c) Portable tanks approved by the Commandant (CG-ENG), USCG.
0
53. In Sec. 176.905, add paragraph (i)(7) to read as follows:
Sec. 176.905 Stowage of vehicles.
* * * * *
(i) * * *
(7) The vehicle is stored incident to movement on shore within a
single port area, including contiguous harbors.
* * * * *
PART 177--CARRIAGE BY PUBLIC HIGHWAY
0
54. The authority citation for part 177 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 108
Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 Stat.
405, 805 (2012); 49 CFR 1.81 and 1.97.
0
55. Revise Sec. 177.801 to read as follows:
Sec. 177.801 Unacceptable hazardous materials shipments.
(a) No person may accept for transportation or transport by motor
vehicle a forbidden material (see Sec. 173.21).
(b) No person may accept for transportation or transport a
hazardous material that is not classified, packaged, marked, labeled,
or placarded, as applicable, in accordance with the requirements of
this subchapter or by special permit.
0
56. In Sec. 177.804, revise paragraph (a) to read as follows:
Sec. 177.804 Compliance with Federal Motor Carrier Safety
Regulations.
(a) General. Motor carriers and other persons subject to this part
must comply with 49 CFR part 383 and 49 CFR parts 390 through 397
(excluding Sec. Sec. 397.3 and 397.9) when operating vehicles subject
to those regulations.
* * * * *
0
57. In Sec. 177.816, revise paragraphs (c) and (d) to read as follows:
Sec. 177.816 Driver Training.
* * * * *
(c) The training required by paragraphs (a) and (b) of this section
may be satisfied by compliance with the current requirements for a
Commercial Driver's License (CDL) with a tank vehicle or hazardous
materials endorsement if it appropriately covers the requirements in
paragraph (a) and (b) of this section.
(d) Training required by paragraphs (a) and (b) of this section
must conform to the requirements of Sec. 172.704(c) and (d) of this
subchapter with respect to frequency and recordkeeping.
0
58. In Sec. 177.835, revise paragraph (d) to read as follows:
Sec. 177.835 Class 1 (explosive) materials.
* * * * *
(d) Multipurpose bulk trucks. When Sec. 172.101 of this subchapter
specifies that Class 1 (explosive) materials may be transported in
accordance with Sec. 173.66 of this subchapter (per special provision
148 in Sec. 172.102(c)(1)), these materials may be transported on the
same vehicle with Division 5.1 (oxidizing) materials, or Class 8
(corrosive) materials, and/or Combustible Liquid, n.o.s., NA1993, only
under the conditions and requirements set forth in IME Standard 23
(IBR, see Sec. 171.7 of this subchapter) and paragraph (g) of this
section. A multipurpose bulk truck may not be transported with any
cargo tank that is required to be marked or placarded under Sec.
177.823. In addition, the segregation requirements in Sec. 177.848 do
not apply.
* * * * *
0
59. In Sec. 177.837, revise paragraph (c) introductory text to read as
follows:
Sec. 177.837 Class 3 (flammable liquid) materials.
* * * * *
(c) Bonding and grounding cargo tanks before and during transfer of
lading. A cargo tank motor vehicle that is preparing to transfer or is
transferring any flammable liquid, combustible liquid, or a flammable
liquid reclassified as a combustible liquid must be bonded and grounded
as follows:
* * * * *
0
60. In Sec. 177.840, revise paragraphs (n), (r)(2), and (t) to read as
follows:
Sec. 177.840 Class 2 (gases) materials.
* * * * *
(n) Emergency shut down. If there is an unintentional release of
product to the environment during unloading of a liquefied compressed
gas, the qualified person unloading the cargo tank motor vehicle must
promptly shut the internal or external self-closing stop valve or other
primary means of closure, and
[[Page 85667]]
shut down all motive and auxiliary power equipment.
* * * * *
(r) * * *
(2) The qualified person monitoring unloading must remain within
arm's reach of the mechanical means of closure for the internal or
external self-closing stop valve when the self-closing stop valve is
open except for short periods when it is necessary to activate controls
or monitor the receiving container. For chlorine cargo tank motor
vehicles, the qualified person must remain within arm's reach of a
means to stop the flow of product except for short periods when it is
necessary to activate controls or monitor the receiving container.
* * * * *
(t) Unloading without appropriate emergency discharge control
equipment. Until a cargo tank motor vehicle is equipped with emergency
discharge control equipment in conformance with Sec. Sec.
173.315(n)(2) and 180.405(m)(1) of this subchapter, the qualified
person attending the unloading operation must remain within arm's reach
of a means to close the internal or external self-closing stop valve
when the self-closing stop valve is open except during short periods
when the qualified person must activate controls or monitor the
receiving container. For chlorine cargo tank motor vehicles, the
qualified person must remain within arm's reach of a means to stop the
flow of product except for short periods when it is necessary to
activate controls or monitor the receiving container.
* * * * *
0
61. In Sec. 177.841, revise paragraphs (e)(1) introductory text and
(e)(2) to read as follows:
Sec. 177.841 Division 6.1 (poisonous) materials and Division 2.3
(poisonous gas) materials.
* * * * *
(e) * * *
(1) Except as provided in paragraph (e)(3) of this section, bearing
or required to bear a POISON, POISON GAS, or POISON INHALATION HAZARD
label or placard in the same motor vehicle with material that is marked
as or known to be foodstuffs, feed, or edible material intended for
consumption by humans or animals unless the poisonous material is
packaged in accordance with this subchapter and is:
* * * * *
(2) Bearing or required to bear a POISON, POISON GAS, or POISON
INHALATION HAZARD label in the driver's compartment (including a
sleeper berth) of a motor vehicle, including enclosed van trucks with
no permanent barrier separating the driver from the cargo compartment;
or
* * * * *
PART 178--SPECIFICATIONS FOR PACKAGINGS
0
62. The authority citation for part 178 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
63. In Sec. 178.320, paragraph (a);
0
a. Revise definitions of ``cargo tank'', ``cargo tank motor vehicle'',
and ``minimum thickness''; and
0
b. In alphabetical order, add definitions for ``cargo tank motor
vehicle certification date'', ``component'', ``flexible connector'',
``lading retention system'', ``lining'', ``name plate'', ``original
test date'', ``sacrificial device'', ``shear section'', and
``specification plate''.
The revisions and additions read as follows:
Sec. 178.320 General requirements applicable to all DOT Specification
cargo tank motor vehicles.
(a) * * *
* * * * *
Cargo tank: See Sec. 171.8 of this subchapter for the definition.
Cargo tank motor vehicle: See Sec. 171.8 of this subchapter for
the definition.
* * * * *
Cargo tank motor vehicle certification date means the date stamped
on the cargo tank motor vehicle specification plate, and represents the
date the cargo tank motor vehicle manufacturer certifies that the cargo
tank motor vehicle conforms in all respects with the specification
requirements (including, but not limited to: rear-end protection
devices, overturn protection devices, all other accident damage
protection, and attachment to the vehicle), and the ASME Code, if
applicable.
* * * * *
Component means any attachment to the cargo tank or cargo tank
motor vehicle, including valves, piping, fittings, and hoses, that
contain lading during loading, unloading, or transportation, or are
required to be pressure- or leak-tested in accordance with the
requirements of part 180 of this subchapter.
* * * * *
Flexible connector means a short component of a piping system, not
exceeding 36 inches (.91 m) overall length, fabricated of flexible
material, and equipped with suitable connections on both ends.
Liquefied petroleum gas resistant rubber and fabric or metal, or a
combination thereof, or all metal may be used.
* * * * *
Lading retention system means the cargo tank wall and any
associated components or equipment that, if damaged, could result in
the release of the contents of the package.
Lining means an internal layer of different material covering the
inside surface of the cargo tank.
* * * * *
Minimum thickness means the minimum required shell and head (and
baffle and bulkhead when used as tank reinforcement) thickness needed
to meet the specification. The minimum thickness is the greatest of the
following values: (1)(i) For MC 330, MC 331, and MC 338 cargo tanks,
the specified minimum thickness found in the applicable
specification(s); or
(ii) For DOT 406, DOT 407 and DOT 412 cargo tanks, the specified
minimum thickness found in Tables I and II of the applicable
specification(s); or
(iii) For MC 300, MC 301, MC 302, MC 303, MC 304, MC 305, MC 306,
MC 307, MC 310, MC 311, and MC 312 cargo tanks, the in-service minimum
thickness prescribed in Tables I and II of Sec. 180.407(i)(5) of this
subchapter, for the minimum thickness specified by Tables I and II of
the applicable specification(s); or
(2) The thickness necessary to meet with the structural integrity
and accident damage requirements of the applicable specification(s); or
(3) The thickness as computed per the ASME Code requirements (if
applicable).
* * * * *
Name plate means a data plate permanently attached to the cargo
tank by the cargo tank manufacturer for the purpose of displaying the
minimum information required by the ASME Code prescribed in Sec. Sec.
178.337-17(b), 178.338-18(b), or 178.345-14(b) of this part, as
appropriate.
* * * * *
Original test date means the date when the cargo tank manufacturer
performed the pressure test, as required in part 178 of this
subchapter, to verify the structural integrity of the cargo tank in
accordance with the requirements for new construction prescribed in
this part.
* * * * *
Sacrificial device means an element, such as a shear section,
designed to fail under a load in order to prevent damage to any lading
retention part or device. The device must break under strain at no more
than 70 percent of the strength of the weakest piping element between
[[Page 85668]]
the cargo tank and the sacrificial device. Operation of the sacrificial
device must leave the remaining piping and its attachment to the cargo
tank intact and capable of retaining lading.
* * * * *
Shear section means a sacrificial device fabricated in such a
manner as to abruptly reduce the wall thickness of the adjacent piping
or valve material by at least 30 percent.
* * * * *
Specification plate means a data plate containing the applicable
markings prescribed in Sec. Sec. 178.337-17(c), 178.338-18(c), or
178.345-14(c) of this part, as appropriate, and permanently attached to
the cargo tank or the cargo tank motor vehicle chassis by the
manufacturer. The markings on this plate are certification by the
manufacturer that the cargo tank or the cargo tank motor vehicle
conforms in all respects with the specification requirements of this
subchapter.
* * * * *
0
64. In Sec. 178.337-1:
0
a. Revise paragraph (d); and
0
b. Remove the definition of ``internal self-closing stop valve'' in
paragraph (g).
The revision reads as follows:
Sec. 178.337-1 General Requirements.
* * * * *
(d) Reflective design. Every uninsulated cargo tank permanently
attached to a cargo tank motor vehicle shall, unless covered with a
jacket made of aluminum, stainless steel, or other bright non-
tarnishing metal, be white, aluminum, or a similar reflecting color on
the upper two-thirds of area of the cargo tank.
* * * * *
0
65. In Sec. 178.337-2, revise paragraph (b)(2)(i) to read as follows:
Sec. 178.337-2 Material.
* * * * *
(b) * * *
(2) * * *
(i) Material shall conform to ASTM A 612 or ASTM A 516/A 516M (IBR,
see Sec. 171.7 of this subchapter), Grade 65 or 70;
* * * * *
0
66. In Sec. 178.337-3, revise paragraphs (g)(3) introductory text and
(g)(3)(iii) to read as follows:
Sec. 178.337-3 Structural integrity.
* * * * *
(g) * * *
(3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.25 inch may be used when the shell or head thickness is over 0.25
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must--
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
67. In Sec. 178.337-8, add paragraph (a)(4)(vii) to read as follows:
Sec. 178.337-8 Openings, inlets, and outlets.
(a) * * *
(4) * * *
(vii) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
* * * * *
0
68. In Sec. 178.337-9:
0
a. Revise paragraphs (a)(3), (b) introductory text, (b)(1), and (b)(6);
0
b. Remove and reserve paragraph (b)(7); and
0
c. Add paragraph (e).
The revisions and addition read as follows:
Sec. 178.337-9 Pressure relief devices, piping, valves, hoses, and
fittings.
(a) * * *
(3) Each pressure relief device must be designed, constructed, and
marked for a rated pressure not less than the cargo tank design
pressure at the temperature expected to be encountered.
(b) Components and other pressure parts. The cargo tank motor
vehicle manufacturer must ensure that all components meet the following
requirements:
(1) The burst pressure of all piping, pipe fittings, hose, and
other pressure parts, except for pump seals and pressure relief
devices, must be at least four times the MAWP of the cargo tank.
Additionally, the burst pressure may not be less than four times any
higher pressure to which each pipe, pipe fitting, hose, or other
pressure part may be subjected to in service. For chlorine service, see
paragraph (b)(8) of this section.
* * * * *
(6) Cargo tank motor vehicle manufacturers must demonstrate that
all piping, valves, and fittings on a cargo tank are free from leaks.
To meet this requirement, the piping, valves, and fittings must be
tested after installation at not less than 80 percent of the MAWP
marked on the name plate after the piping is installed on the cargo
tank motor vehicle.
(7) [Reserved].
* * * * *
(e) Hose assembler requirements. A hose assembler must:
(1) Permanently mark each hose assembly with a unique
identification number.
(2) Demonstrate that each hose assembly is free from leaks by
performing the tests and inspections and issuing a written report as
required by Sec. 180.416(f) of this subchapter.
(3) Mark each hose assembly with the month and year of its original
pressure test.
0
69. In Sec. 178.337-10, revise paragraph (c)(1) to read as follows:
Sec. 178.337-10 Accident damage protection.
* * * * *
(c) * * *
(1) Consist of at least one rear bumper designed to protect the
cargo tank and all components located at the rear of the cargo tank
from damage that could result in loss of lading in the event of a rear-
end collision. The bumper design must transmit the force of the
collision directly to the chassis of the vehicle. The rear bumper and
its attachments to the chassis must be designed to withstand a load
equal to twice the weight of the loaded cargo tank motor vehicle and
attachments, using a safety factor of four based on the tensile
strength of the materials used, with such load being applied
horizontally and parallel to the major axis of the cargo tank. The rear
bumper dimensions must also meet the requirements of Sec. 393.86 of
this title. The exception in Sec. 393.86 for wheels back vehicles does
not apply; or
* * * * *
0
70. In Sec. 178.337-17, revise paragraphs (a) introductory text and
(a)(4) to read as follows:
Sec. 178.337-17 Marking.
(a) General. The manufacturer shall permanently attach to each
cargo tank a corrosion-resistant metal name plate (ASME Plate), if
applicable, and a specification plate permanently attached by brazing,
welding, or other
[[Page 85669]]
suitable means on the left side of the vehicle near the front, in a
place accessible for inspection. If the specification plate is attached
directly to the cargo tank wall by welding, it must be welded to the
tank before the cargo tank is postweld heat treated.
* * * * *
(4) The specification plate must be permanently attached to the
cargo tank or its integral supporting structure by brazing, welding, or
other suitable means on the left side of the vehicle near the front
head, in a place accessible for inspection. If the specification plate
is attached to an integral supporting structure, then the cargo tank
serial number assigned by the cargo tank manufacturer must be included
on the plate.
* * * * *
0
71. Revise Sec. 178.337-18, revise paragraphs (a) introductory text,
(a)(1), (a)(3), and (a)(4) to read as follows:
Sec. 178.337-18 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to Specification MC 331 and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the Certificates of Compliance (see subpart F, part 107 in subchapter A
of this chapter).
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
* * * * *
(3) When a cargo tank motor vehicle is manufactured in two or more
stages, each manufacturer who performs a manufacturing operation on the
incomplete cargo tank motor vehicle or portion thereof must provide to
the succeeding manufacturer, at or before the time of delivery, a
certificate that states the function performed by the manufacturer,
including any certificates received from previous manufacturers,
Registered Inspectors, and Design Certifying Engineers. When the cargo
tank motor vehicle is brought into full compliance with the applicable
DOT specification and the ASME Code, the final manufacturer must mark
the specification plate with the cargo tank motor vehicle certification
date and attach the specification plate to the completed cargo tank
motor vehicle in accordance with Sec. 178.337-17(a) of this part.
(4) Specification shortages. When a cargo tank motor vehicle is
manufactured in two or more stages, the manufacturer of the cargo tank
must attach the name plate and specification plate as required by Sec.
178.337-17(a) and (b) without the original date of certification
stamped on the specification plate. Prior manufacturers must list the
specification requirements that are not completed on the Certificate of
Compliance. When the cargo tank motor vehicle is brought into full
compliance with the applicable specification, the Registered Inspector
shall stamp the date of certification on the specification plate and
issue a Certificate of Compliance to the owner of the cargo tank motor
vehicle. The Certificate of Compliance must list the actions taken to
bring the cargo tank motor vehicle into full compliance. In addition,
the certificate must include the date of certification and the person
(manufacturer, carrier or repair organization) accomplishing
compliance.
* * * * *
0
72. In Sec. 178.338-3, revise paragraphs (g)(3) introductory text and
(g)(3)(iii) to read as follows:
Sec. 178.338-3 Structural integrity.
* * * * *
(g) * * *
(3) Except as prescribed in paragraphs (g)(1) and (g)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.187 inch may be used when the shell or head thickness is over 0.187
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must:
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
73. In Sec. 178.338-10, revise paragraph (c)(1) to read as follows:
Sec. 178.338-10 Accident damage protection.
* * * * *
(c) * * *
(1) Consist of at least one rear bumper designed to protect the
cargo tank and all components located at the rear of the cargo tank
from damage that could result in loss of lading in the event of a rear-
end collision. The bumper design must transmit the force of the
collision directly to the chassis of the vehicle. The rear bumper and
its attachments to the chassis must be designed to withstand a load
equal to twice the weight of the loaded cargo tank motor vehicle and
attachments, using a safety factor of four based on the tensile
strength of the materials used, with such load being applied
horizontally and parallel to the major axis of the cargo tank. The rear
bumper dimensions must also meet the requirements of Sec. 393.86 of
this title. The exception in Sec. 393.86 for wheels back vehicles does
not apply; or
* * * * *
0
74. In Sec. 178.338-11, add paragraph (c)(2)(iii) to read as follows:
Sec. 178.338-11 Discharge control devices.
* * * * *
(c) * * *
(2) * * *
(iii) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
0
75. In Sec. 178.338-18, revise paragraphs (a) introductory text
and (a)(4) to read as follows:
Sec. 178.338-18 Marking.
(a) General. The manufacturer shall permanently attach to each
cargo tank a corrosion-resistant metal name plate (ASME Plate), if
applicable, and a specification plate permanently attached by brazing,
welding, or other suitable means on the left side of the vehicle near
the front, in a place accessible for inspection. If the specification
plate is attached directly to the cargo tank wall by welding, it must
be welded to the tank before the cargo tank is postweld heat treated.
* * * * *
(4) The specification plate must be permanently attached to the
cargo tank or its integral supporting structure, by brazing, welding,
or other suitable means on the left side of the vehicle near the front
head, in a place accessible for inspection. If the specification plate
[[Page 85670]]
is attached to an integral supporting structure, then the cargo tank
serial number assigned by the cargo tank manufacturer must be included
on the plate.
* * * * *
0
76. Revise Sec. 178.338-19 to read as follows:
Sec. 178.338-19 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to Specification MC 338 and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the Certificates of Compliance (see subpart F, part 107 in subchapter B
of this chapter).
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
(2) A photograph, pencil rub, or other facsimile of the plates
required by paragraphs (a) and (b) of Sec. 178.338-18.
(3) When a cargo tank motor vehicle is manufactured in two or more
stages, each manufacturer who performs a manufacturing operation on the
incomplete cargo tank motor vehicle or portion thereof must provide to
the succeeding manufacturer, at or before the time of delivery, a
certificate that states the function performed by that manufacturer,
including any certificates received from previous manufacturers,
Registered Inspectors, and Design Certifying Engineers. When the cargo
tank motor vehicle is brought into full compliance with the applicable
DOT specification and the ASME Code, the final manufacturer must mark
the specification plate with the cargo tank motor vehicle certification
date and attach the specification plate to the completed cargo tank
motor vehicle in accordance with Sec. 178.338-18(a) of this part.
(b) The owner shall retain the data report, certificates, and
related papers throughout his ownership of the cargo tank motor vehicle
and for at least one year thereafter; and in the event of change of
ownership, retention by the prior owner of non-fading photographically
reproduced copies will be deemed to satisfy this requirement. Each
motor carrier using the cargo tank motor vehicle, if not the owner
thereof, shall obtain a copy of the data report and the Certificate(s)
of Compliance, and retain them during the time the carrier uses the
cargo tank motor vehicle and for at least one year thereafter.
(c) [Reserved]
0
77. In Sec. 178.345-1, revise paragraph (c) to read as follows:
Sec. 178.345-1 General requirements.
* * * * *
(c) Definitions. See Sec. 178.320(a) for the definition of certain
terms used in Sec. Sec. 178.345, 178.346, 178.347, and 178.348.
* * * * *
0
78. In Sec. 178.345-3, revise paragraphs (f) introductory text, (f)(3)
introductory text, and (f)(3)(iii) to read as follows:
Sec. 178.345-3 Structural integrity.
* * * * *
(f) The design, construction, and installation of an attachment,
appurtenance to a cargo tank, structural support member between the
cargo tank and the vehicle of suspension component, or accident
protection device must conform to the following requirements:
* * * * *
(3) Except as prescribed in paragraphs (f)(1) and (f)(2) of this
section, the welding of any appurtenance to the cargo tank wall,
internal or external, must be made by attachment of a mounting pad so
that there will be no adverse effect upon the lading retention
integrity of the cargo tank if any force less than that prescribed in
paragraph (b)(1) of this section is applied from any direction. The
thickness of the mounting pad may not be less than that of the shell
wall or head wall to which it is attached, and not more than 1.5 times
the shell or head thickness. However, a pad with a minimum thickness of
0.187 inch may be used when the shell or head thickness is over 0.187
inch. If weep holes or tell-tale holes are used, the pad must be
drilled or punched at the lowest point before it is welded to the tank.
Each pad must:
* * * * *
(iii) Extend at least two inches in each direction from any point
of attachment of an appurtenance.
* * * * *
0
79. In Sec. 178.345-8, revise paragraph (d) to read as follows:
Sec. 178.345-8 Accident damage protection.
* * * * *
(d) Rear-end tank protection. Each cargo tank motor vehicle must be
provided with a rear-end tank protection device to protect the cargo
tank and piping in the event of a rear-end collision and reduce the
likelihood of damage that could result in the loss of lading. Nothing
in this paragraph relieves the manufacturer of responsibility for
complying with the requirements of Sec. 393.86 of this title and, if
applicable, paragraph (b) of this section. The rear-end tank protection
device must conform to the following requirements:
(1) For cargo tanks constructed with any component at the rear of
the cargo tank motor vehicle:
(i) For any component on the same horizontal plane as the rear-end
protection device, the device must be designed so that it can deflect
at least six inches horizontally forward from the device's inboard
surface without contacting the component;
(ii) For any component not on the same horizontal plane as the
rear-end cargo tank protection device, the device must be designed so
that it can deflect at least six inches horizontally forward from the
device's outboard surface or with a vertical plane passing through the
device's outboard surface without contacting the component.
(2) The dimensions of the rear-end cargo tank protection device
shall conform to the following:
(i) The bottom surface of the rear-end protection device must be at
least four inches below the lower surface of any part at the rear of
the cargo tank motor vehicle that contains lading during transit and
not more than 60 inches from the ground when the vehicle is empty.
(ii) The maximum width of a notch, indentation, or separation
between sections of a rear-end cargo tank protection device may not
exceed 24 inches. A notched, indented, or separated rear-end protection
device may be used only when the piping at the rear of the cargo tank
is equipped with a sacrificial device outboard of a shut-off valve.
(iii) The widest part of the motor vehicle at the rear may not
extend more than 18 inches beyond the outermost ends of the device or
(if separated) devices on either side of the vehicle.
(3) The structure of the rear-end protection device and its
attachment to the cargo tank motor vehicle must be designed to satisfy
the conditions specified in paragraph (d)(1) of this section when
subjected to an impact of the cargo tank motor vehicle at the gross
vehicle weight rating at a deceleration of two ``g.'' Such impact must
be considered as being uniformly applied in the horizontal plane at an
angle of 10 degrees or less to the longitudinal axis
[[Page 85671]]
of the vehicle. The structures supporting the rear-end protection
device, including the frame and the attachments to the frame must also
be capable of withstanding the two ``g'' load.
* * * * *
0
80. In Sec. 178.345-11:
0
a. Revise paragraph (b)(1)(ii); and
0
b. Add paragraph (b)(1)(iv).
The revision and addition read as follows:
Sec. 178.345-11 Tank outlets.
* * * * *
(b) * * *
(1) * * *
(ii) If the actuating system is accidentally damaged, sheared off
during transportation, or fails, each loading/unloading outlet must
remain securely closed and capable of retaining lading.
* * * * *
(iv) Mechanical means of remote closure for manual operation must
not be obstructed by equipment or appurtenances in a manner that
prevents access to or operation of the remote means in an emergency.
* * * * *
0
81. In Sec. 178.345-13, revise paragraph (a) to read as follows:
Sec. 178.345-13 Pressure and leakage tests.
(a) Cargo tank motor vehicle manufacturers must perform a pressure
and leakage test in accordance with this section and Sec. Sec.
178.346-5, 178.347-5, or 178.348-5. The leakage test shall be performed
after the piping is installed on the cargo tank motor vehicle.
* * * * *
0
82. In Sec. 178.345-14, revise paragraphs (a), (b)(3), (c)(6), (c)(7),
and (d) to read as follows:
Sec. 178.345-14 Marking.
(a) General. The manufacturer shall certify that each cargo tank
motor vehicle has been designed, constructed, and tested in accordance
with the applicable Specification DOT 406, DOT 407 or DOT 412
(Sec. Sec. 178.345, 178.346, 178.347, 178.348) cargo tank requirements
and, when applicable, with Section VIII of the ASME Code (IBR, see
Sec. 171.7 of this subchapter). The certification shall be
accomplished by marking the cargo tank as prescribed in paragraphs (b)
and (c) of this section, and by preparing the certificate prescribed in
Sec. 178.345-15. Metal plates prescribed by paragraphs (b), (c), (d),
and (e) of this section must be permanently attached to the cargo tank
or its integral supporting structure by brazing, welding, or other
suitable means. These plates must be affixed on the left side of the
vehicle near the front of the cargo tank (or the front most cargo tank
of a multi-cargo tank motor vehicle), in a place readily accessible for
inspection. The plates must be permanently and plainly marked in
English by stamping, embossing, or other means in characters at least
3/16 inch high. If the information required by this section is
displayed on a name plate, the information need not be repeated on the
specification plate. The information required by paragraphs (b) and (c)
of this section may be combined on one plate.
(b) * * *
(3) Cargo tank MAWP in psig.
* * * * *
(c) * * *
(6) Maximum loading rate in gallons per minute (Max. Load rate,
GPM). ``NONE'' may be used to indicate no limit.
(7) Maximum unloading rate in gallons per minute (Max. Unload
rate). ``OPEN MH'' or ``NONE'' may be used to indicate no limit.
* * * * *
(d) Multi-cargo tank motor vehicle. For a multi-cargo tank motor
vehicle having all its cargo tanks not separated by any void, the
information required by paragraphs (b) and (c) of this section may be
combined on one specification plate. When separated by a void, each
cargo tank must have an individual name plate as required in paragraph
(b) of this section, unless all cargo tanks are made by the same
manufacturer using the same design type, as defined in Sec. 178.320.
The cargo tank motor vehicle may have a combined name plate and
specification plate. When only one plate is used, the plate must be
visible and not covered by insulation. The required information must be
listed on the plate from front to rear in the order of the
corresponding cargo tank location.
* * * * *
0
83. In Sec. 178.345-15, revise paragraphs (a), (b)(1), and (e) to read
as follows:
Sec. 178.345-15 Certification.
(a) At or before the time of delivery, the cargo tank motor vehicle
manufacturer must supply and the owner must obtain, a cargo tank's ASME
Form U-1A data report as required by Section VIII of the ASME Code
(IBR, see Sec. 171.7 of this subchapter), and a Certificate of
Compliance stating that the completed cargo tank motor vehicle conforms
in all respects to the DOT specification and the ASME Code. The
registration numbers of the manufacturer, the Design Certifying
Engineer, and the Registered Inspector, as appropriate, must appear on
the certificates (see subpart F, part 107 in subchapter A of this
chapter).
(b) * * *
(1) For each design type, the Certificate of Compliance must be
signed by an official of the manufacturer responsible for compliance
and a Design Certifying Engineer; and
* * * * *
(e) Specification shortages. When a cargo tank motor vehicle is
manufactured in two or more stages, the manufacturer of the cargo tank
must attach the name plate and specification plate as required by
Sec. Sec. 178.345-14(b) and (c) without the original date of
certification stamped on the specification plate. Prior manufacturers
must list the specification requirements that are not completed on the
Certificate of Compliance. When the cargo tank motor vehicle is brought
into full compliance with the applicable specification, the Registered
Inspector shall stamp the date of certification on the specification
plate and issue a Certificate of Compliance to the owner of the cargo
tank motor vehicle. The Certificate of Compliance must list the actions
taken to bring the cargo tank motor vehicle into compliance. In
addition, the certificate must include the date of compliance and
person (manufacturer, carrier, or repair organization) accomplishing
compliance.
0
84. In Sec. 178.348-1, revise paragraphs (d) and (e) to read as
follows:
Sec. 178.348-1 General requirements.
* * * * *
(d) A cargo tank motor vehicle built to this specification with a
MAWP greater than 15 psig must be constructed and certified in
accordance with Section VIII of the ASME Code (IBR, see Sec. 171.7 of
this subchapter).
(e) A cargo tank motor vehicle built to this specification with a
MAWP of 15 psig or less must be constructed in accordance with Section
VIII of the ASME Code except as modified herein:
(1) The recordkeeping requirements contained in Section VIII of the
ASME Code do not apply. Parts UG-90 through 94 in Section VIII do not
apply. Inspection and certification must be made by an inspector
registered in accordance with subpart F of part 107.
(2) Loadings must be as prescribed in Sec. 178.345-3 of this part.
(3) The knuckle radius of flanged heads must be at least three
times the material thickness, and in no case less than 0.5 inch.
Stuffed (inserted) heads may be attached to the shell by a fillet weld.
The knuckle radius and dish radius versus diameter limitations of UG-32
do not apply for cargo tank
[[Page 85672]]
motor vehicles with a MAWP of 15 psig or less. Shell sections of cargo
tanks designed with a non-circular cross section need not be given a
preliminary curvature, as prescribed in UG-79(b).
(4) Marking, certification, data reports, and name plates must be
as prescribed in Sec. Sec. 178.345-14 and 178.345-15.
(5) Manhole closure assemblies must conform to Sec. 178.345-5.
(6) Pressure relief devices must be as prescribed in Sec. 178.348-
4.
(7) The hydrostatic or pneumatic test must be as prescribed in
Sec. 178.348-5.
(8) The following paragraphs in parts UG and UW in Section VIII of
the ASME Code do not apply: UG-11, UG-12, UG-22(g), UG-32(e), UG-34,
UG-35, UG-44, UG-76, UG-77, UG-80, UG-81, UG-96, UG-97, UW-13(b)(2),
UW-13.1(f), and the dimensional requirements found in Figure UW-13.1.
PART 179--SPECIFICATIONS FOR TANK CARS
0
85. The authority citation for part 179 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
86. In Sec. 179.2:
0
a. Revise paragraphs (a) introductory text, and (a)(2);
0
b. Add paragraphs (a)(4) and (a)(9); and
0
c. Revise paragraph (a)(10).
The revisions and addition read as follows:
Sec. 179.2 Definitions and abbreviations.
(a) In addition to the definitions in Sec. Sec. 171.8 and 180.503
of this subchapter, the following definitions apply to part 179:
* * * * *
(2) Approved means approval by a Design Certifying Engineer
registered in accordance with part 107, subpart J.
* * * * *
(4) Component means service equipment, safety systems, linings or
coatings, other elements specifically required by this part, and any
elements used to achieve a performance standard in this part.
* * * * *
(9) Tank car means a tank car tank and all of its components.
(10) Tank car facility means an entity that qualifies a tank car to
ensure its conformance to part 179 or part 180 of this subchapter. A
tank car facility must register with PHMSA in accordance with part 107,
subpart J, of this chapter.
* * * * *
0
87. Revise Sec. 179.3 to read as follows:
Sec. 179.3 Design Approval.
(a) General. A Design Certifying Engineer registered in accordance
with part 107, subpart J, must approve the following as conforming with
the specifications in this part:
(1) Tank car designs, materials and construction, and
modifications; and
(2) Service equipment designs, materials and construction, and
modifications.
(b) Procedure. The Design Certifying Engineer must develop,
maintain, and adhere to a written procedure that describes the process
used to verify conformance with this subchapter. This procedure must be
provided to a representative of the Department upon request. The
procedure must include acceptance and rejection criteria for each
element approved by the Design Certifying Engineer.
(c) Approval. When the Design Certifying Engineer determines such
tank cars or service equipment are in compliance with the requirements
of this subchapter, the Design Certifying Engineer will approve the
design, material and construction, or modification.
(d) Documentation. Upon approval of the design, material and
construction, or modification, the Design Certifying Engineer shall
generate and provide to the tank car or service equipment owner a
Design Approval Certificate (see Sec. 179.5). A Design Approval
Certificate certifies that the tank car or service equipment fully
conforms to all requirements of the specification.
(1) A Design Approval Certificate covers all tank cars or service
equipment built to an approved design, material and construction, or
modification, provided the tank cars or service equipment are
identical.
(2) When ownership of a tank car is transferred, the new owner must
obtain the Design Approval Certificate from the previous owner or
Design Certifying Engineer for the tank car to remain in service.
0
88. Revise Sec. 179.4 to read as follows:
Sec. 179.4 Changes in specifications for tank cars.
(a) Proposed changes in or additions to specifications for tanks
must be submitted to a Design Certifying Engineer for review.
Construction should not be started until the specification has been
approved and a special permit has been issued. When proposing a new
specification, the applicant shall furnish information to the Design
Certifying Engineer to justify a new specification. This data should
include the properties of the lading and the method of loading and
unloading.
(b) The Design Certifying Engineer will review the proposed
specifications at its earliest convenience and report its
recommendations on the approval or disapproval of the specification to
the designer of the new tank car specification. The recommendation will
be considered by the Department in determining appropriate action.
0
89. Revise Sec. 179.5 to read as follows:
Sec. 179.5 Design Approval Certificate.
(a) General. Before a tank car is placed in service, the Design
Certifying Engineer shall provide a Design Approval Certificate to the
tank car or service equipment owner certifying that the tank or service
equipment fully conforms to all requirements of the specification.
(b) Tank car information. The Design Approval Certificate for tank
cars must include the following information, as applicable:
(1) Name, registration number, phone number, and mailing address of
Design Certifying Engineer;
(2) Approval date;
(3) Tank specification;
(4) Tank car specification;
(5) Reporting marks and numbers;
(6) Commodity;
(7) Commodity density (lbs. per Gallon);
(8) Full water capacity (Gallons);
(9) Outage (Gallons);
(10) Tank head;
(i) Material type and grade heads;
(ii) Head material normalized (Indicate Yes/No);
(iii) Tank head spliced (Indicate Yes/No);
(iv) Head Charpy test value;
(v) Material thickness heads (Inches); and
(vi) Head radius, main (Inches if not 2:1).
(11) Tank shell;
(i) Material type and grade shell;
(ii) Tank shell material normalized (Indicate Yes/No);
(iii) Shell Charpy test value;
(iv) Material thickness shell (Inches);
(v) Inside diameter--center (Inches); and
(vi) Inside diameter--end rings (Inches).
(12) Coating/lining type and thickness;
(13) Tank test pressure (PSI);
(14) Insulation material;
(i) Insulation type;
(ii) Insulation thickness (Inches); and
(iii) Thermal conductivity (BTU--in/hr.--ft sq.--degree F).
(15) Thermal protection;
(i) Thermal protection material type;
(ii) Thermal protection material thickness (Inches);
[[Page 85673]]
(iii) Thermal protection material conductivity (BTU--in/hr.--ft
sq.--degree F);
(iv) Jacket thickness; and
(v) Meets Sec. 179.18 thermal protection standard (Indicate Yes/
No).
(16) Safety relief devices;
(i) Type of safety relief device;
(ii) Number of safety relief devices;
(iii) Pressure relief device start-to-discharge (PSI);
(iv) Pressure relief device flow capacity (CFM Required); and
(v) Pressure relief device flow capacity (CFM Actual).
(17) Protective systems;
(i) Meets bottom fitting protection standard (Indicate Yes/No);
(ii) Meets top fittings protection standard (Indicate Yes/No); and
(iii) Meets tank head puncture resistance standard (Indicate Yes/
No);
(A) Head shield thickness (Inches); and
(B) Head shield material type.
(18) Underframe or stub sill type; and
(19) Weight;
(i) Center of gravity loaded (Inches);
(ii) Estimated light weight (lbs.);
(iii) Rail load limit (lbs.); and
(iv) Truck capacity (Tons).
(20) Signed Certification Statement. A certification shall not be
considered valid without a signature and certifying statement by a
registered Design Certifying Engineer. The following statement may be
used for tank car certifications:
``I,______ [insert Design Certifying Engineer name], have reviewed
the above design(s) for a DOT______[insert DOT specification] tank
car(s) and certify compliance in all respects with the specification
requirements found in 49 CFR part 179.
________[Design Certifying Engineer Signature]''
(c) Tank Car Drawings. The Design Approval Certificate must include
the following detailed design drawings for tank cars:
(1) General arrangement;
(2) Tank arrangement;
(3) Reinforced openings, including calculations;
(4) Anchorage, including calculations;
(5) Fittings arrangement;
(6) Manway assembly;
(7) Manway cover;
(8) Protective housing;
(9) Venting, loading, and discharge valves;
(10) Pressure relief devices;
(11) Heater systems;
(12) Gauging devices;
(13) Bottom outlet valve;
(14) Design calculations;
(15) Gasket drawing; and
(16) Tank qualification drawing.
(d) Service Equipment Information. The Design Approval Certificate
must include the following information for service equipment, as
applicable:
(1) Description of device;
(i) Manufacturer;
(ii) Model; and
(iii) Design revision date.
(2) Approval date;
(3) Commodity;
(4) Construction;
(i) Material of construction;
(ii) Construction method; and
(iii) Seal material.
(5) Design operating temperature;
(6) Operating pressure range at design temperature (PSI); and
(7) Signed Certification Statement. A certification shall not be
considered valid without a signature and certifying statement by a
registered Design Certifying Engineer. The following statement may be
used for service equipment certifications:
``I,______[insert Design Certifying Engineer name], have reviewed
the above design for______[insert service equipment make and model] and
it complies in all respects with the requirements found in 49 CFR part
179.
________[Design Certifying Engineer Signature]''
(e) Service Equipment Drawings. The Design Approval Certificate
must include the following detailed design drawings for service
equipment:
(1) Dimensional drawing;
(2) Securement drawing; and
(3) Design calculations.
(f) Service Equipment Validation. The Design Approval Certificate
must include the following service equipment validation reports:
(1) Life cycle testing results;
(2) Failure modes and effects analysis; and
(3) Other applicable laboratory testing results.
0
90. Revise Sec. 179.6 to read as follows:
Sec. 179.6 Repairs and alterations.
For procedures to make repairs or alterations, see Appendix R of
the AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this
subchapter). Compliance with paragraphs 1.1; 1.2; 3.2; 3.3; 3.4; and
5.5 is not required. For all repairs not specifically described in
Appendix R of the AAR Specifications for Tank Cars, approval by a
Design Certifying Engineer is required.
0
91. In Sec. 179.7, revise paragraph (a) introductory text, (a)(2), (b)
introductory text, (b)(3) through (5), (b)(8), (d) and (f) to read as
follows:
Sec. 179.7 Quality assurance program.
(a) A tank car facility must register with PHMSA in accordance with
part 107, subpart J, of this chapter. At a minimum, each tank car
facility shall have a quality assurance program that--
* * * * *
(2) Has the means to detect any nonconformity in the manufacturing,
inspection, testing, qualification, or maintenance of the tank car; and
* * * * *
(b) At a minimum, the quality assurance program must have the
following elements:
* * * * *
(3) Procedures to ensure that the latest applicable drawings,
design calculations, specifications, and instructions are used in
manufacture, inspection, testing, qualification and maintenance.
(4) Procedures to ensure that all materials and components used in
the fabrication and construction of a tank car are properly identified
and documented, and meet applicable design requirements.
(5) A description of the manufacturing, inspection, testing, and
qualification and maintenance program, including the acceptance
criteria, so that an inspector can identify the characteristics of the
tank car and the elements to inspect, examine, and test at each point.
* * * * *
(8) Provisions indicating that the applicable requirements of the
AAR Specifications for Tank Cars (IBR, see Sec. 171.7 of this
subchapter), apply.
* * * * *
(d) Each tank car facility shall provide written procedures to its
employees to ensure that the work on the tank car conforms to the
specification, approval, and owner's acceptance criteria.
* * * * *
(f) No tank car facility may manufacture, inspect, test, qualify,
or maintain tank cars subject to requirements of this subchapter,
unless it is operating in conformance with a quality assurance program
and written procedures required by paragraphs (a) and (b) of this
section, and maintains a valid tank car facility registration in
accordance with part 107, subpart J, of this chapter.
0
92. In Sec. 179.10, add paragraph (b) to read as follows:
Sec. 179.10 Tank mounting.
* * * * *
(b) Tank mounting arrangements must meet the requirements of AAR
Specifications for Tank Cars Chapter 6 (IBR, see Sec. 171.7 of this
subchapter).
0
93. In Sec. 179.11, revise paragraph (a) to read as follows:
[[Page 85674]]
Sec. 179.11 Welding certification.
(a) Welding procedures, welders, and fabricators must meet the
requirements in AAR Specifications for Tank Cars Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
94. In Sec. 179.24:
0
a. Revise paragraph (a)(2); and
0
b. Remove and reserve paragraph (a)(3)(i).
The revision reads as follows:
Sec. 179.24 Stamping.
(a) * * *
(2) Each plate must be stamped, embossed, or otherwise marked by an
equally durable method in letters 3/16-inch high with the following
information (parenthetical abbreviations may be used):
(i) Tank Manufacturer (Tank MFG): Full name of the car builder.
(ii) Tank Manufacturer's Serial Number (SERIAL NO): For the
specific car.
(iii) [Reserved]
(iv) Tank Specification (SPECIFICATION).
(v) Tank Shell Material/Head Material (SHELL MATL/HEAD MATL): ASTM
or AAR specification of the material used in the construction of the
tank shell and heads. For Class DOT-113W, DOT-115W, AAR-204W, and AAR-
206W, the materials used in the construction of the outer tank shell
and heads must be listed. Only list the alloy (e.g., 5154) for aluminum
tanks and the type (e.g., 304L or 316L) for stainless steel tanks.
(vi) Insulation Material (INSULATION MATL): Generic names of the
first and second layer of any thermal protection/insulation material
applied.
(vii) Insulation Thickness (INSULATION THICKNESS): In inches.
(viii) Underframe/Stub Sill Type (UF/SS DESIGN)
(ix) Date of Manufacture (DATE OF MFR): The month and year of tank
manufacture. If the underframe has a different built date than the
tank, show both dates.
* * * * *
0
95. In Sec. 179.100-9, revise paragraph (a) to read as follows:
Sec. 179.100-9 Welding.
(a) All joints shall be fusion-welded in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
96. In Sec. 179.100-10, revise paragraph (a) to read as follows:
Sec. 179.100-10 Postweld heat treatment.
(a) After welding is complete, steel tanks and all attachments
welded thereto must be postweld heat treated as a unit in compliance
with the requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
97. In Sec. 179.100-12, revise paragraph (c) to read as follows:
Sec. 179.100-12 Manway nozzle, cover and protective housing.
* * * * *
(c) Except as provided in Sec. 179.103, protective housing of
cast, forged, or fabricated approved materials must be bolted to manway
cover with not less than 20, \3/4\-inch studs. Alternatively, the
protective housing may be bolted to a flange connected to the manway
reinforcing pad with not less than 20, \3/4\-inch studs. The shearing
value of the bolts attaching protective housing to manway cover must
not exceed 70 percent of the shearing value of bolts attaching manway
cover to manway nozzle. Housing must have steel sidewalls not less than
\3/4\ inch in thickness and must be equipped with a metal cover not
less than \1/4\ inch in thickness that can be securely closed. Housing
cover must have suitable stop to prevent cover striking loading and
unloading connections, and be hinged on one side only with approved
riveted pin or rod with nuts and cotters. Openings in wall of housing
must be equipped with screw plugs or other closures.
0
98. In Sec. 179.100-18, revise paragraph (c) to read as follows:
Sec. 179.100-18 Tests of tanks.
* * * * *
(c) Caulking of welded joints to stop leaks developed during the
foregoing test is prohibited. Repairs in welded joints shall be made as
prescribed in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
99. In Sec. 179.102-3, add paragraph (c) to read as follows:
Sec. 179.102-3 Materials poisonous by inhalation.
* * * * *
(c) For tank cars manufactured after [DATE OF EFFECTIVE DATE], tank
car heads and shells must be Charpy impact tested in accordance with
AAR Specifications for Tank Cars, Chapter 2, section 2.2.1.2 (IBR, see
Sec. 171.7 of this subchapter) and meet the requirements of section
2.2.1.2.
0
100. In Sec. 179.103-5, revise paragraph (b)(1) to read as follows:
Sec. 179.103-5 Bottom outlets.
* * * * *
(b) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than allowed by Appendix E of the AAR Specifications for Tank
Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to the car
by at least \3/8\-inch chain, or its equivalent, except that bottom
outlet closure plugs may be attached by \1/4\-inch chain. When the
bottom outlet closure is of the combination cap and valve type, the
pipe connection to the valve shall be closed by a plug, cap, or
approved quick coupling device. The bottom outlet equipment should
include only the valve, reducers, and closures that are necessary for
the attachment of unloading fixtures. The permanent attachment of
supplementary exterior fittings must be approved.
* * * * *
0
101. In Sec. 179.200-7, amend the table in paragraph (b) by adding an
entry for ``ASTM A 537'' to read as follows:
Sec. 179.200-7 Materials.
* * * * *
(b) * * *
------------------------------------------------------------------------
Minimum
Minimum tensile elongation in
strength 2 inches
Specifications (p.s.i.) welded (percent) weld
condition \1\ metal
(longitudinal)
------------------------------------------------------------------------
ASTM A 537, Class 1.................. 70,000 23
* * * * * * *
------------------------------------------------------------------------
[[Page 85675]]
* * * * *
0
102. In Sec. 179.200-10, revise paragraph (a) to read as follows:
Sec. 179.200-10 Welding.
(a) All joints shall be fusion-welded in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
* * * * *
0
103. Revise Sec. 179.200-11 to read as follows:
Sec. 179.200-11 Postweld heat treatment.
When specified in Sec. 179.201-1, after welding is complete,
postweld heat treatment must be in compliance with the requirements of
AAR Specifications for Tank Cars, Appendix W (compliance with paragraph
1.2 is not required) (IBR, see Sec. 171.7 of this subchapter).
0
104. In Sec. 179.200-17, revise paragraph (a)(1) to read as follows:
Sec. 179.200-17 Bottom outlets.
(a) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than that allowed by Appendix E of the AAR Specifications for
Tank Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to the car
by at least \3/8\-inch chain, or its equivalent, except that the bottom
outlet closure plugs may be attached by \1/4\-inch chain. When the
bottom outlet closure is of the combination cap and valve type, the
pipe connection to the valve shall be closed by a plug, cap, or
approved quick coupling device. The bottom outlet equipment should
include only the valve, reducers, and closures that are necessary for
the attachment of unloading fixtures. The permanent attachment of
supplementary exterior fittings shall be approved.
* * * * *
0
105. In Sec. 179.200-22, revise paragraph (d) to read as follows:
Sec. 179.200-22 Test of tanks.
* * * * *
(d) Caulking of welded joints to stop leaks developed during the
foregoing tests is prohibited. Repairs in welded joints shall be made
as prescribed in AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
106. In Sec. 179.220-10, revise paragraph (a) to read as follows:
Sec. 179.220-10 Welding.
(a) All joints must be fusion welded in compliance with AAR
Specifications for Tank Cars, Appendix W (compliance with paragraph 1.2
is not required) (IBR, see Sec. 171.7 of this subchapter).
* * * * *
0
107. In Sec. 179.220-11, revise paragraph (b) to read as follows:
Sec. 179.220-11 Postweld heat treatment.
* * * * *
(b) Postweld heat treatment of the cylindrical portions of the
outer shell to which the anchorage or draft sills are attached must
comply with AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
108. In Sec. 179.220-15, revise paragraph (b) to read as follows:
Sec. 179.220-15 Support system for inner container.
* * * * *
(b) The longitudinal acceleration may be reduced to 3G where a
cushioning device, which has been tested to demonstrate its ability to
limit body forces to 400,000 pounds maximum at a 10 miles per hour
impact, is used between the coupler and the tank structure. The support
system must be of approved design and the inner container must be
thermally isolated from the outer shell to the best practical extent.
The inner container and outer shell must be permanently bonded to each
other electrically either by the support system used, piping, or a
separate electrical connection of approved design.
0
109. In Sec. 179.220-18, revise paragraph (a)(1) to read as follows:
Sec. 179.220-18 Bottom outlets.
(a) * * *
(1) The extreme projection of the bottom outlet equipment may not
be more than that allowed by Appendix E of the AAR Specifications for
Tank Cars (IBR, see Sec. 171.7 of this subchapter). All bottom outlet
reducers and closures and their attachments shall be secured to car by
at least \3/8\-inch chain, or its equivalent, except that bottom outlet
closure plugs may be attached by \1/4\-inch chain. When the bottom
outlet closure is of the combination cap and valve type, the pipe
connection to the valve shall be closed by a plug or cap. The bottom
outlet equipment should include only the valve, reducers, and closures
that are necessary for the attachment of unloading fixtures. The
permanent attachment of supplementary exterior fittings shall be
approved.
* * * * *
0
110. In Sec. 179.300-9, revise paragraph (a) to read as follows:
Sec. 179.300-9 Welding.
(a) Longitudinal joints must be fusion welded. Head-to-shell joints
must be forge welded on class DOT-106A tanks and fusion welded on class
DOT-110A tanks. Welding procedures, welders, and fabricators must be in
accordance with the requirements of AAR Specifications for Tank Cars,
Appendix W (compliance with paragraph 1.2 is not required) (IBR, see
Sec. 171.7 of this subchapter).
* * * * *
0
111. Revise Sec. 179.300-10 to read as follows:
Sec. 179.300-10 Postweld heat treatment.
After welding is complete, steel tanks and all attachments welded
thereto, must be postweld heat treated as a unit in compliance with the
requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
112. In Sec. 179.400-5, revise paragraph (d) to read as follows:
Sec. 179.400-5 Materials.
* * * * *
(d) Impact test values must be equal to or greater than those
specified in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter). The report of impact tests must include the test values
and lateral expansion data.
0
113. In Sec. 179.400-6, revise paragraph (b) to read as follows:
Sec. 179.400-6 Bursting and buckling pressure.
* * * * *
(b) The outer jacket of the required evacuated insulation system
must be designed in accordance with Sec. 179.400-8(d) and in addition
must comply with the design loads specified in Section C--II, Chapter 6
of the AAR Specifications for Freight Cars (IBR, see Sec. 171.7 of
this subchapter). The designs and calculations must provide for the
loadings transferred to the outer jacket through the support system.
0
114. In Sec. 179.400-11, revise paragraph (c) to read as follows:
Sec. 179.400-11 Welding.
* * * * *
(c) Each joint must be welded in accordance with the requirements
of AAR Specifications for Tank Cars, Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
* * * * *
0
115. In Sec. 179.400-12, revise paragraph (b) introductory text to
read as follows:
[[Page 85676]]
Sec. 179.400-12 Postweld heat treatment.
* * * * *
(b) The cylindrical portion of the outer jacket, with the exception
of the circumferential closing seams, must be postweld heat treated as
prescribed in AAR Specifications for Tank Cars, Appendix W (compliance
with paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter). Any item to be welded to this portion of the outer jacket
must be attached before postweld heat treatment. Welds securing the
following need not be postweld heat treated when it is not practical
due to final assembly procedures:
* * * * *
0
116. In Sec. 179.400-13, revise paragraph (b) to read as follows:
Sec. 179.400-13 Support system for inner tank.
* * * * *
(b) The support system must be designed to support, without
yielding, impact loads producing accelerations of the following
magnitudes and directions when the inner tank is fully loaded and the
car is equipped with a conventional draft gear:
Longitudinal............................................ 7``g''
Transverse.............................................. 3``g''
Vertical................................................ 3``g''
The longitudinal acceleration may be reduced to 3``g'' where a
cushioning device, which has been tested to demonstrate its ability to
limit body forces to 400,000 pounds maximum at 10 miles per hour, is
used between the coupler and the tank structure.
* * * * *
0
117. Revise Sec. 179.400-15 to read as follows:
Sec. 179.400-15 Radioscopy.
Each longitudinal and circumferential joint of the inner tank, and
each longitudinal and circumferential double welded butt joint of the
outer jacket, must be examined along its entire length in accordance
with the requirements of AAR Specifications for Tank Cars, Appendix W
(compliance with paragraph 1.2 is not required) (IBR, see Sec. 171.7
of this subchapter).
0
118. In Sec. 179.400-18, revise paragraph (b) to read as follows:
Sec. 179.400-18 Test of inner tank.
* * * * *
(b) Caulking of welded joints to stop leaks developed during the
test is prohibited. Repairs to welded joints must be made as prescribed
in AAR Specifications for Tank Cars, Appendix W (compliance with
paragraph 1.2 is not required) (IBR, see Sec. 171.7 of this
subchapter).
0
119. In Sec. 179.400-19, revise paragraph (a)(2) to read as follows:
Sec. 179.400-19 Valves and gages.
(a) * * *
(2) Packing, if used, must be satisfactory for use in contact with
the lading and of materials that will effectively seal the valve stem
without causing difficulty of operation.
* * * * *
0
120. In Sec. 179.500-17, revise paragraph (a)(4) to read as follows:
Sec. 179.500-17 Marking.
(a) * * *
(4) Name, mark (other than trademark), or initials of company or
person for whose use the tank is being made.
* * * * *
0
121. In Sec. 179.500-18:
0
a. Revise paragraphs (a) and (b)(6); and
0
b. In the form in paragraph (c), revise the sentence under the heading
``Steel Tanks''.
The revisions read as follows:
Sec. 179.500-18 Inspection and reports.
(a) Before a tank car is placed in service, the party assembling
the completed car shall furnish to the car owner a report in proper
form certifying that tanks and their equipment comply with all the
requirements of this specification and including information as to
serial numbers, dates of tests, and ownership marks on tanks mounted on
car structure.
(b) * * *
(6) Inspector shall stamp his official mark on each accepted tank
immediately below serial number, and make certified report (see
paragraph (c) of this section) to builder, company, or person for whose
use tanks are being made, and to builder of car structure on which
tanks are to be mounted.
(c) * * *
Steel Tanks
It is hereby certified that drawings were approved for these tanks
by a Design Certifying Engineer under date of ____. * * *
* * * * *
0
122. In Appendix B to part 179, revise paragraphs 1., 2.a.(1), 2.a.(2),
2.b.(6), 3.a.(1), 3.a.(2), and 3.b.(6) to read as follows:
Appendix B to Part 179--Procedures for Simulated Pool and Torch-Fire
Testing
1. This test procedure is designed to measure the thermal
effects of new or untried thermal protection systems, and to test
for system survivability when exposed to a 100-minute pool fire and
a 30-minute torch fire. Each sample of the thermal resistance
material used in the individual tests, performed under the
requirement of this Appendix to test the performance of the thermal
protection system, shall be identical (within errors of measurement)
in thickness dimensions, and thermodynamic and physical properties,
including mass density.
2. * * *
a. * * *
(1) The source of the simulated pool fire must be hydrocarbon
fuel with a flame temperature of 871 [deg]C plus or minus 55.6
[deg]C (1600 [deg]F plus-or-minus 100 [deg]F), measured throughout
the duration of the test at a distance of not more than 15 cm (6
inches) from the test sample surface along the axis of the fire.
Calibration tests must be performed with the steel plate in
position.
(2) A square bare plate with thermal properties equivalent to
the material of construction of the tank car must be used. The plate
dimensions must be not less than 30.5 cm by 30.5 cm (one foot by one
foot) by nominal 1.6 cm (0.625 inch) thick. The bare plate must be
instrumented with not less than nine thermocouples to record the
thermal response of the bare plate. The thermocouples must be
attached to the surface not exposed to the simulated pool fire, and
must be divided into nine equal squares with a thermocouple placed
in the center of each square.
* * * * *
b. * * *
(6) A minimum of three consecutive successful simulation fire
tests, separate and conducted at different times, must be performed
for each thermal protection system.
* * * * *
3. * * *
a. * * *
(1) The source of the simulated torch must be a hydrocarbon fuel
with a flame temperature of 1,204 [deg]C plus-or-minus 55.6 [deg]C
(2,200 [deg]F plus or minus 100 [deg]F), measured throughout the
duration of the test at a distance of not more than 15 cm (6 inches)
from the test sample surface, along the axis of the fire.
Furthermore, torch velocities must be 64.4 km/h 16 km/h
(40 mph 10 mph) throughout the duration of the test at a
distance of not more than 15 cm (6 inches) from the test sample
surface along the axis of the fire. Calibration tests must be
performed with the steel plate in position.
(2) A square bare plate with thermal properties equivalent to
the material of construction of the tank car must be used. The plate
dimensions must be at least 122 cm by 122 cm (four feet by four
feet) by nominal 1.6 cm (0.625 inch) thick. The bare plate must be
instrumented with not less than nine thermocouples to record the
thermal response of the plate. The thermocouples must be attached to
the surface not exposed to the simulated torch, and must be divided
into nine equal squares with a thermocouple placed in the center of
each square.
* * * * *
b. * * *
(6) A minimum of two consecutive successful torch-simulation
tests, separate
[[Page 85677]]
and conducted at different times, must be performed for each thermal
protection system.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
0
123. The authority citation for part 180 continues to read as follows:
Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.
0
124. In Sec. 180.3:
0
a. Revise paragraph (b)(3); and
0
b. Add paragraphs (c) and (d).
The revision and additions read as follows:
Sec. 180.3 General requirements.
* * * * *
(b) * * *
(3) Test dates displayed in association with specification,
registration, approval, exemption, or special permit markings
indicating conformance to a test or retest requirement of this
subchapter, an approval issued thereunder, or a special permit issued
under subchapter A of this chapter;
* * * * *
(c) No person shall mark or issue a report indicating that a
packaging has passed a test or inspection under this subpart, unless
the packaging has actually been tested or inspected as required by this
subpart.
(d) No person shall falsify a document or marking indicating a
packaging as having passed a test or inspection under this subpart.
0
125. In Sec. 180.403:
0
a. Add definitions for ``certification plate'', ``maintenance'',
``objectively reasonable and articulable belief'', and ``set pressure''
in alphabetical order; and
0
b. Revise the definition of ``repair''.
The revision and additions read as follows:
Sec. 180.403 Definitions.
* * * * *
Certification plate means a data plate containing the applicable
markings provided in the original specifications for cargo tanks no
longer authorized for construction (as identified in Sec. 180.405(c)),
and permanently attached to the cargo tank or integral supporting
structure by the manufacturer. The markings on this plate are the
certification by the manufacturer that the cargo tank or the cargo tank
motor vehicle has been designed, constructed, and tested in accordance
with the applicable specification.
* * * * *
Maintenance means replacement of components other than welding on
the cargo tank wall, on specification cargo tanks or cargo tank motor
vehicles.
* * * * *
Objectively reasonable and articulable belief means a belief based
on particularized and identifiable facts that provide an objective
basis to believe or suspect that a cargo tank or series of cargo tanks
may be in an unsafe operating condition.
* * * * *
Repair means any welding on a cargo tank wall, including replacing
50 percent or less of the combined shell and head material of a cargo
tank, done to return a cargo tank or a cargo tank motor vehicle to its
original design and construction specification, or to a condition
prescribed for a later equivalent specification in effect at the time
of the repair. Excluded from this category are the following:
(1) A change to motor vehicle equipment such as lights, truck or
tractor power train components, steering and brake systems, and
suspension parts, and changes to appurtenances, such as fender
attachments, lighting brackets, and ladder brackets;
(2) Replacement of components such as valves, vents, and fittings
with a component of a similar design and of the same size; and
(3) Replacement of an appurtenance by welding to a mounting pad.
* * * * *
Set pressure means the pressure of the pressure relief device or
system at which it starts to open, allowing discharge.
* * * * *
0
126. In Sec. 180.405:
0
a. Add paragraphs (b)(3);
0
b. Revise paragraphs (c)(2);
0
c. Add paragraphs (c)(3) and (4);
0
d. Revise paragraphs (h)(3), and (j); and
0
e. Add paragraph (p).
The revisions and additions read as follows:
Sec. 180.405 Qualification of cargo tanks.
* * * * *
(b) * * *
(3) Replacement of missing specification plates. (i) The
replacement of cargo tank and cargo tank motor vehicle specification
plates required by this subchapter may be performed by the original
manufacturer, or by a Registered Inspector who has been given necessary
information by the original cargo tank or cargo tank motor vehicle
manufacturer, provided the cargo tank motor vehicle owner has the
paperwork documenting the traceability of the specification of the
cargo tank or cargo tank motor vehicle.
(ii) If the original manufacturer has been purchased by another
entity, and that entity has sufficient paperwork documenting the
manufacture of that cargo tank or cargo tank motor vehicle, the entity
may apply a replacement specification plate or provide instructions to
a Registered Inspector to apply the replacement specification plate.
(iii) If the original manufacturer is no longer in business, or the
paperwork documenting the traceability of the specification of the
cargo tank or cargo tank motor vehicle is not available, the cargo tank
or cargo tank motor vehicle is no longer an authorized specification
packaging for hazardous materials transportation. See Sec. 180.405(j).
(iv) The cargo tank motor vehicle owner shall retain, and make
available to a representative of the Department upon request, all
documentation proving the traceability of the cargo tank manufacturer
or cargo tank motor vehicle manufacturer, as applicable, until the
cargo tank or cargo tank motor vehicle is permanently rendered no
longer capable of retaining lading, and for one year thereafter.
(c) * * *
(2) A cargo tank motor vehicle of a specification listed in
paragraph (c)(1) of this section may have its pressure relief devices
and outlets modified in accordance with paragraph (h) of this section
and Sec. 173.33(d) of this subchapter.
(3) A cargo tank motor vehicle manufactured and certified prior to
the dates listed in table 1 or table 2 of this section may be mounted
on a different truck chassis provided the mounting and certification is
performed in accordance with this subchapter.
* * * * *
(h) * * *
(3) As provided in paragraph (c)(2) of this section, and in Sec.
173.33(d) of this subchapter, the owner of a cargo tank motor vehicle
may elect to modify reclosing pressure relief devices to more current
cargo tank specifications. However, replacement devices constructed to
the requirements of Sec. 178.345-10 of this subchapter must provide
the minimum venting capacity required by the original specification to
which the cargo tank was designed and constructed.
* * * * *
(j) Withdrawal of certification. A specification cargo tank that
for any reason no longer meets the applicable specification may not be
used to transport hazardous materials unless the cargo tank is repaired
and retested in accordance with Sec. Sec. 180.407 and 180.413
[[Page 85678]]
prior to being returned to hazardous materials service. If the cargo
tank motor vehicle is not in conformance with the applicable
specification requirements, the specification plate must be removed,
obliterated, or securely covered. The method of covering must withstand
conditions normally incident to transportation. The details of the
conditions necessitating withdrawal of the certification must be
recorded and signed on the Certificate of Compliance for that cargo
tank. The vehicle owner shall retain the Certificate of Compliance for
at least one year after withdrawal of the certification.
* * * * *
(p) Visual Inspection of Remote Device. At the next external visual
inspection after [DATE OF EFFECTIVE DATE], each specification cargo
tank motor vehicle equipped with a mechanical means of remote closure
shall be inspected to ensure that access or means of manual operation
is not obstructed by equipment or appurtenances. The remote closure
device may not be in the driver's cab and must be as far forward on the
cargo tank as practicable. Any manually operated remote closure device
not in compliance with this paragraph must be repaired prior to passing
the external visual inspection.
0
127. In Sec. 180.407, revise paragraphs (a), (b)(1), (b)(3), (b)(5),
(c) introductory text, (d), (f) introductory text, (f)(2), (f)(3),
(g)(1)(ii), (g)(1)(iii), (g)(1)(viii), (g)(3), (g)(6), (h), (i)(4)(v),
(i)(6)(i) and (i)(6)(ii) to read as follows:
Sec. 180.407 Requirements for test and inspection of specification
cargo tanks.
(a) General. (1) A cargo tank motor vehicle constructed in
accordance with a DOT specification or otherwise required by this
subchapter to comply with this subpart, for which a test or inspection
specified in this section has become due, may not be filled and offered
for transportation or transported until the test or inspection has been
successfully completed. This paragraph does not apply to any cargo tank
filled prior to the test or inspection due date and offered for
transportation or transported after the test or inspection due date
(see Sec. 173.33(a)(3) of this subchapter).
(2) Except during a pressure test, a cargo tank may not be
subjected to a pressure greater than the design pressure or MAWP marked
on the name plate or certification plate.
(3) A person witnessing or performing a test or inspection
specified in this section must meet the minimum qualifications
prescribed in Sec. 180.409.
(4) Each cargo tank must be evaluated in accordance with the
acceptable results of tests and inspections prescribed in Sec.
180.411.
(5) Each cargo tank motor vehicle that has successfully passed a
test or inspection specified in this section must be marked in
accordance with Sec. 180.415.
(6) A cargo tank motor vehicle that has not been properly inspected
or fails a prescribed test or inspection must:
(i) Be repaired and retested in accordance with Sec. 180.413; or
(ii) Be removed from hazardous materials service and the
specification plate removed, obliterated, or covered in a secure
manner. The method of covering must at a minimum withstand conditions
normally incident to transportation.
(7) All equipment and instruments required to be used to perform a
function under part 180 subpart E must be calibrated in accordance with
the manufacturer's instructions. The facility must retain records
documenting the type of calibration, date calibrated, and who performed
the calibration. The facility must retain a copy of documentation of
the two most recent calibrations, which must be made available to a
representative of the Department upon request.
(8) The use of video cameras or fiber optics equipment is
authorized for any test or inspection, or portion thereof, provided all
the required areas and elements can be viewed and evaluated according
to this part 180 subpart E. The use of such equipment shall be
documented on the report required by Sec. 180.417.
(9) For any test or inspection that requires a cargo tank motor
vehicle to be tested at a pressure greater than 50 psig, the
hydrostatic method shall be used, except for MC 338 cargo tanks used to
transport cryogenic liquids. In all pressure and leakage tests,
suitable safeguards must be provided to protect personnel should a
system failure occur.
(10) The Registered Inspector shall consult with the owner or motor
carrier, as appropriate, to determine if materials corrosive or
reactive to the cargo tank or its components were transported in the
cargo tank motor vehicle since the last test or inspection was
performed. The Registered Inspector shall indicate whether the cargo
tank motor vehicle transported a material corrosive or reactive to the
cargo tank or its components on the Sec. 180.415 report, and use this
information to determine the proper tests and inspections to be
conducted on the cargo tank motor vehicle.
(11) For all tests or inspections subject to this subpart, all
sources of spark, flame, or glowing heat within the area of enclosure
(including any heating system drawing air therefrom) are extinguished,
made inoperable, or rendered explosion-proof by a suitable method prior
to the tests or inspections being performed.
(b) * * *
(1) The cargo tank shows evidence of dents, cuts, gouges, bulges,
corroded or abraded areas, leakage, or any other condition that might
render it unsafe for hazardous materials service. At a minimum, any
area of a cargo tank showing evidence of dents, cuts, digs, gouges,
bulges, or corroded or abraded areas must be thickness tested in
accordance with the procedures set forth in paragraphs (i)(2), (i)(3),
(i)(5), (i)(6), (i)(9), and (i)(10) of this section; and evaluated in
accordance with the criteria prescribed and minimum thickness
definition in Sec. Sec. 178.320 and 180.411 of this subchapter,
respectively. Any signs of leakage must be repaired. All repairs must
be performed in accordance with Sec. 180.413. The suitability of any
repair affecting the structural integrity of the cargo tank must be
determined either by the testing required in the applicable
manufacturing specification or in paragraph (g)(1)(iv) of this section.
* * * * *
(3) The cargo tank motor vehicle has been out of hazardous
materials transportation service for a period of one year or more. For
each cargo tank motor vehicle that has been out of hazardous materials
transportation service for a period of one year or more, a pressure
test in accordance with Sec. 180.407(g) must be conducted prior to
further use in hazardous materials transportation.
* * * * *
(5) The Department so requires based on the objectively reasonable
and articulable belief that the cargo tank is in an unsafe operating
condition.
(c) Periodic test and inspection. Each cargo tank motor vehicle
subject to this subpart must be tested and inspected as specified in
the following table by a Registered Inspector meeting the
qualifications in Sec. 180.409. The retest date shall be determined
from the specified interval identified in the following table from the
most recent inspection completed in accordance with the requirements in
part 180 or the cargo tank motor vehicle certification date.
* * * * *
(d) External visual inspection and testing. The following applies
to the
[[Page 85679]]
external visual inspection and testing of cargo tanks:
(1) Where insulation, or coverings such as wrappings and coatings,
precludes a complete external visual inspection as required by
paragraphs (d)(2) through (d)(6) of this section, the cargo tank also
must be given an internal visual inspection in accordance with
paragraph (e) of this section. If external visual inspection is
precluded because any part of the cargo tank wall is externally lined,
coated, or designed to prevent an external visual inspection, those
areas of the cargo tank must be internally inspected. If internal
visual inspection is precluded because the cargo tank is lined, coated,
or designed so as to prevent access for internal inspection, the tank
must be hydrostatically or pneumatically tested in accordance with
paragraph (g)(1)(iv) of this section. Those items able to be externally
inspected must be externally inspected and noted in the inspection
report.
(2) The external visual inspection and testing must include as a
minimum the following:
(i) The tank shell and heads must be inspected for corroded or
abraded areas, dents, distortions, and defects in welds, and evaluated
in accordance with Sec. 180.411. During the inspection of the cargo
tank shell and heads, all pad attachments on either the cargo tank
shell or head shall be inspected for method of attachments and any
other conditions that might render the appurtenance as unsafe;
(ii) The piping system, which includes piping, flexible connectors,
valves, and gaskets, must be carefully inspected for corroded areas,
defects in welds, and other conditions, including leakage, that might
render the tank unsafe for transportation service;
(iii) All devices for tightening manhole covers must be operative
and there must be no evidence of leakage at manhole covers or gaskets;
(iv) All emergency devices and valves, including self-closing stop
valves, excess flow valves, and remote closure devices, including all
emergency discharge control systems and delivery hoses required by
Sec. 173.315(n), must be inspected for corrosion, distortion, erosion,
and any external damage that will prevent safe operation. All emergency
closure devices and self-closing stop valves must be operated to
demonstrate proper functioning. The distance for testing non-mechanical
remote shutoff devices must be in accordance with the original device
manufacturer's specification;
(v) Missing bolts, nuts and fusible links or elements must be
replaced, and loose bolts and nuts must be tightened;
(vi) All markings on the cargo tank required by parts 172, 178, and
180 of this subchapter must be legible;
(vii) [Reserved]
(viii) All appurtenances and structural attachments on the cargo
tank including, but not limited to, suspension system attachments,
connecting structures, and those elements of the upper coupler
(including the king pin) assembly that can be inspected without
dismantling the upper coupler assembly must be inspected for any
corrosion or damage that might prevent safe operation;
(ix) For cargo tank motor vehicles transporting lading corrosive to
the cargo tank, areas covered by the upper coupler assembly must be
inspected at least once in each two-year period for corroded and
abraded areas, dents, distortions, defects in welds, and any other
condition that might render the tank unsafe for transportation service.
The upper coupler assembly must be removed from the cargo tank for this
inspection except when the upper coupler allows for a complete
inspection of the area of the cargo tank that is directly above the
upper coupler, and the inspection is conducted by directly viewing the
cargo tank. Directly viewing means the area is inspected without the
use of an aid, such as mirrors, cameras, or fiber optics. If the upper
coupler is removed from the cargo tank motor vehicle, it must be
reattached in accordance with the manufacturer's instructions and Sec.
393.70.
(3) For reclosing pressure relief devices, the following applies:
(i) All reclosing pressure relief devices must be externally
inspected for any corrosion or damage that might prevent safe
operation.
(ii) All reclosing pressure relief devices on cargo tank motor
vehicles carrying lading corrosive to the pressure relief device must
be removed from the cargo tank motor vehicle for inspection and bench
testing in accordance with paragraph (j) of this section.
(4) Ring stiffeners or appurtenances, installed on cargo tank motor
vehicles constructed of mild steel or high-strength, low-alloy steel,
that create air cavities adjacent to the tank shell that do not allow
for external visual inspection must be thickness tested in accordance
with paragraphs (i)(2) and (i)(3) of this section, at least once every
two years. At least four symmetrically distributed readings must be
taken to establish an average thickness for the ring stiffener or
appurtenance. If any thickness reading is less than the average
thickness by more than 10 percent, thickness testing in accordance with
paragraphs (i)(2) and (i)(3) of this section must be conducted from the
inside of the cargo tank on the area of the tank wall covered by the
ring stiffener or appurtenance.
(5) Corroded or abraded areas of the cargo tank wall must be
thickness tested in accordance with the procedures set forth in
paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of this
section.
(6) The gaskets on any full opening rear head must be:
(i) Visually inspected for cracks or splits caused by weather or
wear; and
(ii) Replaced if cuts or cracks that are likely to cause leakage,
or are of a depth \1/2\ inch or more, are found.
(7) External ring stiffeners installed on cargo tank motor vehicles
must be inspected for corrosion, pitting, abraded areas, or damage, and
repaired as appropriate.
(8) Welded repairs on the cargo tank wall must be inspected for
leakage and weld defects. The Registered Inspector must verify that the
welded repair was done in accordance with Sec. 180.413.
(9) The inspector must record the results of the external visual
examination as specified in Sec. 180.417(b).
* * * * *
(f) Lining inspection. When lining is required by this subchapter,
the integrity of the cargo tank lining must be verified at least once
each year as follows:
* * * * *
(2) For linings made of materials other than rubber (elastomeric
material), the owner of the cargo tank motor vehicle must obtain
documentation from the lining manufacturer or installer that specifies
the proper procedure for the lining inspection. This documentation must
be provided to the Registered Inspector before inspection.
(3) Degraded or defective areas of the cargo tank lining must be
removed and the cargo tank wall below the defect must be inspected.
Corroded areas of the tank wall must be thickness tested in accordance
with paragraphs (i)(2), (i)(3), (i)(5), (i)(6), (i)(9), and (i)(10) of
this section. If the degraded or defective areas of the cargo tank
lining are repaired or if the lining is replaced, it must comply with
lining manufacturer or installer procedures, subject to the lining
requirements of this subchapter.
* * * * *
(g) * * *
(1) * * *
(ii) All self-closing pressure relief devices, including emergency
relief
[[Page 85680]]
devices and normal vent devices, must be removed from the cargo tank
motor vehicle for inspection and bench testing in accordance with
paragraph (j) of this section.
(iii) Except for cargo tank motor vehicles carrying lading
corrosive to the cargo tank, areas covered by the upper coupler
assembly must be inspected for corroded and abraded areas, dents,
distortions, defects in welds, and any other condition that might
render the tank unsafe for transportation service. The upper coupler
assembly must be removed from the cargo tank for this inspection except
when the upper coupler allows for a complete inspection of the area of
the cargo tank that is directly above the upper coupler, and the
inspection is conducted by directly viewing the cargo tank. Directly
viewing means the area is inspected without the use of an aid, such as
mirrors, cameras, or fiber optics. If the upper coupler is removed from
the cargo tank, it must be reattached in accordance with the
manufacturer's instructions and Sec. 393.70.
* * * * *
(viii) Hydrostatic test method. Each cargo tank must be filled with
water or other liquid having similar viscosity, at a temperature not
exceeding 100 [deg]F. The cargo tank must then be pressurized as
specified in paragraph (g)(1)(iv) of this section. The cargo tank,
including its closures, must hold the prescribed test pressure for at
least 10 minutes during which time it shall be inspected for leakage,
bulging or any other defect.
* * * * *
(3) Each MC 330 and MC 331 cargo tank constructed of quenched and
tempered steel in accordance with Part UHT in Section VIII of the ASME
Code (IBR, see Sec. 171.7 of this subchapter), or constructed of other
than quenched and tempered steel but without postweld heat treatment,
and used for the transportation of anhydrous ammonia or any other
hazardous materials that may cause corrosion stress cracking, must be
internally inspected by the wet fluorescent magnetic particle method
immediately prior to and in conjunction with the performance of the
pressure test prescribed in this section. Each MC 330 and MC 331 cargo
tank constructed of quenched and tempered steel in accordance with Part
UHT in Section VIII of the ASME Code and used for the transportation of
liquefied petroleum gas must be internally inspected by the wet
fluorescent magnetic particle method immediately prior to and in
conjunction with the performance of the pressure test prescribed in
this section. The wet fluorescent magnetic particle inspection must be
in accordance with Section V of the ASME Code and CGA Technical
Bulletin P-26 (formerly TB-2) (IBR, see Sec. 171.7 of this
subchapter). This paragraph does not apply to cargo tanks that do not
have manholes. (See Sec. 180.417(c) for reporting requirements.)
* * * * *
(6) Acceptance criteria. A cargo tank motor vehicle that leaks,
fails to retain test pressure, shows distortion, or displays other
evidence of weakness that might render the cargo tank motor vehicle
unsafe for transportation service may not be returned to service,
except as follows: A cargo tank motor vehicle with a heating system
that does not hold pressure may remain in service as an unheated cargo
tank motor vehicle if:
* * * * *
(h) Leakage test. The following requirements apply to cargo tanks
requiring a leakage test:
(1) Each cargo tank must be tested for leaks in accordance with
paragraph (c) of this section. The leakage test must include all
components of the cargo tank wall, and the piping system with all
valves and pressure relief devices in place and operative, except that
any pressure relief devices set to discharge at less than the leakage
test pressure must be removed or rendered inoperative during the test.
All internal or external self-closing stop valves must be tested for
leak tightness. Each cargo tank of a multi-cargo tank motor vehicle
must be tested with adjacent cargo tanks empty and at atmospheric
pressure. Test pressure must be maintained for at least five minutes.
Cargo tanks in liquefied compressed gas service must be externally
inspected for leaks during the leakage test. Suitable safeguards must
be provided to protect personnel should a failure occur. Cargo tanks
may be leakage tested with hazardous materials contained in the cargo
tank during the test. Leakage test pressure must be no less than 80
percent of MAWP marked on the specification plate except as follows:
(i) A cargo tank motor vehicle with an MAWP of 690 kPa (100 psig)
or more may be leakage tested at its maximum normal operating pressure
provided it is in dedicated service or services.
(ii) A specification MC 330 or MC 331 cargo tank motor vehicle or a
non-specification cargo tank motor vehicle authorized under Sec.
173.315(k) of this subchapter in dedicated liquefied petroleum gas
service may be leakage tested at not less than 414 kPa (60 psig).
(iii) An operator of a specification MC 330 or MC 331 cargo tank
motor vehicle, or a non-specification cargo tank authorized under Sec.
173.315(k) of this subchapter, equipped with a meter may check leak
tightness of the internal self-closing stop valve by conducting a meter
creep test. (See Appendix B to this part.).
(iv) A specification MC 330 or MC 331 cargo tank motor vehicle in
dedicated service for anhydrous ammonia may be leakage tested at not
less than 414 kPa (60 psig).
(v) A non-specification cargo tank required by Sec. 173.8(d) of
this subchapter to be leakage tested must be leakage tested at not less
than 16.6 kPa (2.4 psig), or as specified in paragraph (h)(2) of this
section.
(2) Cargo tank motor vehicles used to transport petroleum
distillate fuels that are equipped with vapor collection equipment may
be leak tested in accordance with the Environmental Protection Agency's
``Method 27--Determination of Vapor Tightness of Gasoline Delivery Tank
Using Pressure-Vacuum Test,'' as set forth in Appendix A to 40 CFR part
60. Test methods and procedures, and maximum allowable pressure and
vacuum changes, are in 40 CFR 63.425(e). The hydrostatic test
alternative, using liquid in Environmental Protection Agency's ``Method
27--Determination of Vapor Tightness of Gasoline Delivery Tank Using
Pressure-Vacuum Test,'' may not be used to satisfy the leak testing
requirements of this paragraph. The test must be conducted using air.
(3) A cargo tank motor vehicle that has leaks or fails to retain
leakage test pressure may not be returned to service until repaired as
required by this subpart.
(4) Registered Inspectors conducting a leakage test on
specification MC 330 and MC 331 cargo tank motor vehicles, and non-
specification cargo tank motor vehicles authorized under Sec.
173.315(k) of this subchapter, must visually inspect the delivery hose
assembly and piping system, including any delivery hose assembly used
to meet Sec. 173.315(n), while the assembly is under leakage test
pressure utilizing the rejection criteria listed in Sec. 180.416(g).
The test pressure of the delivery hose assembly must be at least 80
percent of the MAWP of the cargo tank. Delivery hose assemblies not
permanently attached to the cargo tank motor vehicle may be inspected
and tested while not attached to the cargo tank motor vehicle. In
addition to a written record of the inspection prepared in accordance
with Sec. 180.417(b), the Registered Inspector conducting the test
must note the hose identification number, the date of the test, and the
condition of the hose assembly and piping system tested.
[[Page 85681]]
(5) The inspector must record the results of the leakage test as
specified in Sec. 180.417(b).
(i) * * *
(4) * * *
(v) Areas around shell reinforcements including around all ring
stiffeners and those areas in the bottom half of the cargo tank;
* * * * *
(6) * * *
(i) A Design Certifying Engineer must certify that the cargo tank
design and thickness are appropriate for the reduced loading conditions
by issuance of a revised manufacturer's certificate. The DCE must
provide this revised certificate to the cargo tank motor vehicle owner,
and
(ii) The cargo tank motor vehicle's name plate or certification
plate must reflect the revised service limits.
* * * * *
0
128. In Sec. 180.409:
0
a. Revise paragraph (a) introductory text; and
0
b. Add paragraph (a)(4).
The revision and addition read as follows:
Sec. 180.409 Minimum qualifications for inspectors and testers.
(a) A person performing or witnessing the inspections and tests
specified in this subpart must--
* * * * *
(4) Meet the training requirements of part 172 subpart H.
* * * * *
0
129. In Sec. 180.411:
0
a. Revise paragraphs (b) introductory text, (b)(1), and (g)
introductory text; and
0
b. Add paragraph (h).
The revisions and addition read as follows:
Sec. 180.411 Acceptable results of tests and inspections.
* * * * *
(b) Dents, cuts, digs, bulges, and gouges. For evaluation
procedures, see CGA C-6 (IBR, see Sec. 171.7 of this subchapter).
(1) For dents or bulges at welds or that include a weld, the
maximum allowable depth is \1/2\ inch. For dents or bulges away from
welds, the maximum allowable depth is \1/10\ of the greatest dimension
of the dent, but in no case may the depth exceed one inch.
* * * * *
(g) Pressure test. Any cargo tank that fails to meet the acceptance
criteria found in the individual specification that applies must be
properly repaired.
(h) Conditions requiring removal from service. (1) If the
Registered Inspector determines that a cargo tank motor vehicle, for
any reason, does not meet the applicable design specification, the
qualification requirements of Sec. 180.405, or fails any test or
inspection required by this subpart, it may not be represented as a DOT
specification cargo tank motor vehicle.
(2) The cargo tank motor vehicle shall not be used in specification
service until it is in compliance with the specification requirements
and has been successfully tested and inspected as required by Sec.
180.407(c) of this subpart.
0
130. In Sec. 180.413, revise paragraph (b)(6) to read as follows:
Sec. 180.413 Repair, modification, stretching, rebarrelling, or
mounting of specification cargo tanks.
* * * * *
(b) * * *
(6) MC 330 and MC 331 cargo tanks must be repaired in accordance
with the repair procedures described in CGA Technical Bulletin P-26
(formerly TB-2) (IBR, see Sec. 171.7 of this subchapter) and the
National Board Inspection Code (IBR, see Sec. 171.7 of this
subchapter). Each cargo tank having cracks or other defects requiring
welded repairs must meet all inspection, test, and heat treatment
requirements in Sec. 178.337-16 of this subchapter in effect at the
time of the repair, except that postweld heat treatment after minor
weld repairs is not required. When a repair is made of defects revealed
by the wet fluorescent magnetic particle inspection, including those
repaired by grinding, the affected area of the cargo tank must again be
examined by the wet fluorescent magnetic particle method after
hydrostatic testing to assure that all defects have been removed.
* * * * *
0
131. In Sec. 180.415, revise paragraph (b) introductory text to read
as follows:
Sec. 180.415 Test and inspection markings.
* * * * *
(b) Each cargo tank must be durably and legibly marked, in English,
with the date (month and year), the type of test or inspection
performed, and if not already marked on the cargo tank, the
registration number, as required by part 107, subpart F, of this
chapter, of the person performing the test or inspection, subject to
the following provisions:
* * * * *
0
132. In Sec. 180.416, revise paragraphs (a), (b), (c), (f)
introductory text, and (f)(3) to read as follows:
Sec. 180.416 Discharge system inspection and maintenance program for
cargo tanks transporting liquefied compressed gases.
(a) Applicability. This section is applicable to an operator using
specification MC 330, MC 331, and non-specification cargo tank motor
vehicles authorized under Sec. 173.315(k) of this subchapter for
transportation of liquefied compressed gases other than carbon dioxide.
Paragraphs (b), (c), (d)(1), (d)(5), (e), (f), and (g)(1) of this
section, applicable to delivery hose assemblies, apply only to hose
assemblies installed or carried on the cargo tank.
(b) Hose identification. The operator must assure that each
delivery hose assembly is permanently marked with a unique
identification number and maximum working pressure.
(c) Post-delivery hose check. After each unloading, the operator
must visually check that portion of the delivery hose assembly deployed
during the unloading using the rejection criteria identified in
paragraph (g) of this section.
* * * * *
(f) New or repaired delivery hose assemblies. Each operator of a
cargo tank motor vehicle must ensure each new and repaired delivery
hose assembly is tested at a minimum of 120 percent of the hose maximum
working pressure.
* * * * *
(3) The operator must complete a record documenting the test and
inspection, including the date, the signature of the inspector, the
hose owner, the hose identification number, the date of original
delivery hose assembly and test, notes of any defects observed and
repairs made, and an indication that the delivery hose assembly passed
or failed the tests and inspections. A copy of each test and inspection
record must be retained by the operator at its principal place of
business or where the vehicle is housed or maintained until the next
test of the same type is successfully completed.
* * * * *
0
133. In Sec. 180.501, revise paragraph (b) to read as follows:
Sec. 180.501 Applicability
* * * * *
(b) This subpart also establishes the minimum acceptable framework
for an owner's qualification and maintenance program for tank cars and
components. Owners should follow this subpart in developing their
written procedures (work instructions), as required under Sec.
179.7(d), for use by tank car facility employees. The owner's
qualification
[[Page 85682]]
and maintenance program for each tank car, or a fleet of tank cars,
must identify where to inspect, how to inspect, and the acceptance
criteria. Alternative inspection and test procedures or intervals based
on a damage-tolerance analysis or service reliability assessment must
be approved by the Associate Administrator for Railroad Safety in
accordance with Sec. 180.509(l). Tank car facilities must incorporate
the owner's qualification and maintenance program in their quality
assurance program, as required under Sec. 179.7(a)(2), (b)(3), (b)(5),
and (d).
* * * * *
0
134. In Sec. 180.503, revise the definitions of ``coating/lining
owner'', ``maintenance'', ``modification'', the first sentence of
``qualification'', ``service equipment'', ``service equipment owner'',
and ``tank car owner'' to read as follows:
Sec. 180.503 Definitions.
* * * * *
Coating/lining owner means the person responsible for the
development or approval, and execution of the qualification and
maintenance program for the coating/lining.
* * * * *
Maintenance means performance of functions including repairs,
necessary and appropriate to ensure an in-operation tank car's
specification until its next qualification.
Modification means any change to a tank car that affects the Design
Approval Certificate prescribed in Sec. 179.5 or the certificate of
construction for tank cars manufactured prior to [DATE ONE YEAR FROM
EFFECTIVE DATE], including an alteration prescribed in Sec. 179.6, or
conversion.
* * * * *
Qualification, as relevant to a tank car, means the car and its
components conforms to the specification to which it was designed,
manufactured, or modified to the requirements of this subpart, to the
approved design, and to the owner's acceptance criteria. * * *
* * * * *
Service equipment means pressure or lading retaining equipment
including but not limited to:
(1) Pressure relief devices;
(2) Valves;
(3) Closures;
(4) Fittings;
(5) Manway covers;
(6) Fill-hole covers;
(7) Vents;
(8) Sampling equipment;
(9) Vacuum relief equipment;
(10) Devices used for measuring the amount of lading and/or lading
temperature;
(11) Devices used for flow restriction;
(12) Interior heating systems; or
(13) Other devices used for loading and unloading (e.g., siphon
pipe).
Service equipment owner means the person responsible for the
development or approval, and execution of the qualification and
maintenance program for the service equipment.
Tank car owner means the person responsible for the development or
approval, and execution of the qualification and maintenance program
for the tank car.
* * * * *
0
135. In Sec. 180.509, revise paragraphs (i)(1) and (k)(2) to read as
follows:
Sec. 180.509 Requirements for inspection and test of specification
tank cars.
* * * * *
(i) * * *
(1) At a minimum, the owner of an internal coating or lining
applied to protect a tank used to transport a material that is
corrosive or reactive to the tank must ensure an inspection adequate
enough to detect defects or other conditions that could reduce the
design level of reliability and safety of the tank is performed. In
addition, the owner of a coating or lining of tank cars used to
transport hazardous materials corrosive or reactive to the tank must
ensure the lining complies with Sec. Sec. 173.24(b)(2) and (b)(3) of
this subchapter.
* * * * *
(k) * * *
(2) Service equipment, including reclosing pressure relief devices
and interior heater systems, must conform to the applicable provisions
of Appendix D of the AAR Specifications for Tank Cars (IBR, see Sec.
171.7 of this subchapter).
* * * * *
0
136. In Sec. 180.513, revise paragraph (b) to read as follows:
Sec. 180.513 Repairs, alterations, conversions, and modifications.
* * * * *
(b) Responsibilities of Tank Car Facility. A tank car facility must
obtain the permission of the equipment owner before performing work
affecting alteration, conversion, repair, or qualification of the
owner's equipment. For the purposes of qualification and maintenance,
the tank car facility must use the written instructions furnished by
the owner and have written confirmation from the owner allowing the use
of written instructions furnished by the owner; or have written
confirmation from the owner allowing the use of written instructions
furnished by another. A tank car facility must not use, copy,
distribute, forward, or provide to another person the owner's
confidential and proprietary written instructions, procedures, manuals,
and records without the owner's permission. A tank car facility must
report all work performed to the owner. The tank car facility must also
report observed damage, deterioration, failed components, or non-
compliant parts to the owner. A tank car facility must incorporate the
owner's qualification and maintenance program into their own Quality
Assurance Program.
* * * * *
0
137. In Sec. 180.517:
0
a. Revise paragraphs (a) and (b)(8); and
0
b. Add paragraph (b)(9).
The revisions and addition read as follows:
Sec. 180.517 Reporting and record retention requirements.
(a) Certification and representation. Each owner of a specification
tank car must retain the Design Approval Certificate or the certificate
of construction (AAR Form 4-2) for a specification tank car
manufactured prior to [DATE ONE YEAR FROM EFFECTIVE DATE] and related
qualification reports certifying that the manufacture or maintenance of
the specification tank car identified in the documents is in accordance
with the applicable specification. The qualification reports generated
by the tank car facility and the marking of the tank car with the tank
specification is the representation that all of the appropriate
inspections and tests were successfully performed to qualify the tank
for use in accordance with the current Design Approval Certificate or
certificate of construction (AAR Form 4-2), as appropriate. These
documents must be maintained for the life of the tank car. Each owner
of a specification tank car must retain the documents throughout the
period of ownership of the specification tank car and for one year
thereafter. Upon a change of ownership, the Design Approval Certificate
or certificate of construction (AAR Form 4-2), as applicable, and all
applicable documents as prescribed in Section 1.3.15 of the AAR
Specifications for Tank Cars (IBR, see Sec. 171.7 of this subchapter)
must be provided to the new tank car owner. A tank car facility
performing work on the car may retain copies of relevant records in
accordance with Sec. 179.7(b)(12).
(b) * * *
(8) The unique code (station stencil) identifying the facility; and
(9) Tank car facility registration number(s) (see Sec. 107.905 of
this chapter).
[[Page 85683]]
0
138. In Appendix D to part 180, revise the second paragraph to read as
follows:
Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or
Service Equipment
* * * * *
While every effort was made to identify materials deemed
corrosive to the tank or service equipment, owners and operators are
cautioned that this list may not be inclusive. Tank car owners and
operators are reminded of their duty to ensure that no in-service
tank will deteriorate below the specified minimum thickness
requirements in this subchapter. See Sec. 180.509(f)(3). In
addition, FRA states a tank car owner must designate an internal
coating or lining appropriately based on its knowledge of the
chemical and not rely simply on this list. Regarding future
thickness tests, this list may also be modified based on an analysis
of the test results by the car owner or the Department of
Transportation.
* * * * *
Issued in Washington, DC on October 4, 2024, under authority
delegated in 49 CFR part 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2024-23421 Filed 10-25-24; 8:45 am]
BILLING CODE 4910-60-P
