G/TBT/N/USA/1173  
 
3 August 2016  
(16-4172)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6 
 
1. Notifying Member: UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):  
2. Agency responsible: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT) [1190] 
Name and address (including telephon e and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above : 
Please submit comments to: USA WTO TBT Enquiry Point 
Email: usatbtep@nist.gov   
3. Notified under Article 2.9.2 [ ], 2.10.1  [ ], 5.6.2 [X], 5.7.1 [ ], other: 
4. Products covered (HS or CCCN where applic able, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable): Hazard materials. 
Transport (ICS: 03.220), Protection against dangerous goods (ICS: 13.300) 
5. Title, number of pages and language(s) of the notified document: Hazardous 
Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable 
Trains (63 pages, in English) 
6. Description of content: PHMSA, in consultation with the Federal Railroad Administration, 
is issuing this NPRM to propose revisions to regulations that would expand the applicability of comprehensive oil spill response plans (OSRPs) based on thresholds of liquid petroleum 
oil that apply to an entire train consist. Specifically, we are proposing to expand the 
applicability for comprehensive OSRPs so that any railroad that transports a single train 
carrying 20 or more loaded tank cars of liquid petroleum oil in a continuous block or a single train carrying 35 or more loaded tank cars of liquid petroleum oil throughout the 
train consist must also have a current comprehensive written OSRP. We are further 
proposing to revise the format and clarify the requirements of a comprehensive OSRP (e.g., requiring that covered railroads develop response zones describing resources 
available to arrive onsite to a worst-case discharge, or the substantial threat of one, which 
are located within 12 hours of each point along the route used by trains subject to the comprehensive OSRP). We also solicit comment on defining high volume areas and staging 
resources using alternative response times, including shorter response times for spills that 
could affect such high volume areas. Further, in accordance with the Fixing America's Surface Transportation Act of 2015, this action proposes to require railroads to share information about high-hazard flammable train operations with state and tribal emergency 
response commissions to improve community preparedness and seeks comments on these 
proposals. Lastly, PHMSA is proposing to incorporate by reference an initial boiling point test for flammable liquids from the ASTM D7900 method referenced in the American 
National Standards Institute/American Petroleum Institute Recommend Practices 3000, 
"Classifying and Loading of Crude Oil into Rail Tank Cars," First Edition, September 2014 as an acceptable testing alternative to the boiling point tests currently specified in the 
HMR. PHMSA believes providing this addition al boiling test option gives regulatory 
flexibility and promotes enhanced safety in transport through accurate packing group assignment.  G/TBT/N/USA/1173 
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of human health or safety; protection of the environment  
8. Relevant documents: 81 Federal Register (FR) 50068, 29 July 2016; Title 49 Code of 
Federal Regulations (CFR) Parts 130, 171, 173 and 174. Will appear in the Federal Register when adopted. 
9. Proposed date of adoption: To be determined 
Proposed date of entry into force: To be determined   
10. Final date for comments: 27 September 2016 
11. Texts available from: National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:  
https://members.wto.org/crnattachm ents/2016/TBT/USA/16_3105_00_e.pdf