Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53321 

1AAR, Operations and Maintenance Department, 

Mechanical Division, ‘‘Manual of Standards and 

Recommended Practices Section C Part III– 

Specifications for Tank Cars M–1002’’ (revised 

annually). 

Advisory Board of the Saint Lawrence 

Seaway Development Corporation 

(SLSDC), to be held from 3 p.m. to 4 

p.m. (EDT) on Monday, October 26, 

2009, via conference call at the 

Corporation’s Administration 

Headquarters, Suite W32–300, 1200 

New Jersey Avenue, SE., Washington, 

DC. The agenda for this meeting will be 

as follows: Opening Remarks; 

Consideration of Minutes of Past 

Meeting; Quarterly Report; Old and New 

Business; Closing Discussion; 

Adjournment. 

Attendance at the meeting is open to 

the interested public but limited to the 

space available. With the approval of 

the Administrator, members of the 

public may present oral statements at 

the meeting. Persons wishing further 

information should contact, not later 

than Friday, October 23, 2009, Anita K. 

Blackman, Chief of Staff, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue, 

SE., Washington, DC 20590; 202–366– 

0091. 

Any member of the public may 

present a written statement to the 

Advisory Board at any time. 

Issued at Washington, DC, on October 8, 

2009. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. E9–24810 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–61–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Safety Advisory 2009–02 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Safety Advisory 2009– 

02; Inspection of Bottom Outlet Valves 

and Assemblies. 

SUMMARY: FRA is issuing Safety 

Advisory 2009–02 to ensure that tank 

cars with defective or inoperable bottom 

outlet valves are not loaded with 

hazardous materials and offered for 

transportation, or in the event that a 

bottom outlet valve becomes inoperable 

en route, adequate unloading 

procedures are followed to prevent any 

unintended release of the car’s contents. 

This safety advisory recommends 

specific loading and unloading 

procedures for hazardous materials tank 

cars equipped with bottom outlet 

valves, as well as the inspection, and as 

necessary, the repair of these valves. 

FOR FURTHER INFORMATION CONTACT: 

Albert R. Taber or Erich P. Rudolph, 

Railroad Safety Specialists, Hazardous 

Materials Division, FRA Office of Safety 

Assurance and Compliance, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590 (telephone: (202) 493–6254, email: Albert.Taber@dot.gov; or 

telephone (202) 493–6248, e-mail: 

Erich.Rudolph@dot.gov). 

SUPPLEMENTARY INFORMATION: 

Background 

By way of the one-time movement 

approval process (Title 49 Code of 

Federal Regulations (CFR) 174.50), FRA 

has documented approximately 390 

service equipment failures of bottom 

outlet valves since 2004. One hundred 

and eight of these failures occurred in 

calendar year 2008 alone, and to date in 

2009, approximately 110 failures have 

already occurred. FRA believes that 

these documented failures do not reflect 

the entire population of bottom outlet 

failures that occur each year, as many 

may go unreported. 

As exemplified by documented 

incidents of bottom outlet failures, a 

defective or inoperable bottom outlet 

valve may lead to the unintended 

release of a tank car’s contents during 

the unloading process. As an example, 

on October 28, 2004, at Techsol 

Chemical Company, in Huntington, WV, 

more than 22,000 gallons of a Class 3 

hazardous material was released during 

the unloading of a tank car equipped 

with a bottom outlet valve. The release 

was determined to be the result of a 

bottom outlet valve clogged with sludge, 

and an unloading procedure that failed 

to detect the inoperative valve. On May 

31, 2008, approximately 170,000 lbs of 

a Class 9 elevated temperature material 

was released during the unloading of a 

tank car equipped with a bottom outlet 

valve. The elevated temperature 

material had been heated to 

approximately 280 °F for unloading and 

although the individual unloading the 

car reportedly observed the bottom 

outlet valve handle secured and in the 

closed position, as that individual 

removed the bottom outlet cap, hot 

steamed resin was released from the 

bottom outlet, splashing the unloader. 

The resin released at a rate of 

approximately 160 gallons per minute 

and the unloader suffered first- and 

second-degree burns from contact with 

the material. The release was 

determined to be the result of a bent 

bottom outlet valve handle, which 

allowed the internal valve to be in the 

open position, and unloading 

procedures that failed to detect the 

inoperative valve. More recently, on 

May 13, 2009, approximately 23,500 

gallons of hot asphalt, a Class 9 

hazardous material, was released during 

the unloading of a tank car equipped 

with a bottom outlet valve. In this case, 

because the valve operating handle was 

improperly applied to the valve 

assembly, the handle appeared to be in 

the closed position, but the internal 

valve was actually in the open position. 

Accordingly, this release was 

determined to be the result of the 

improperly applied valve handle, and 

loading and unloading procedures that 

failed to detect the improperly 

assembled valve. 

FRA believes that the occurrence of 

bottom outlet valve failures could be 

significantly reduced by (1) ensuring 

that certain procedures are followed 

during the tank car loading and 

unloading process, and (2) ensuring that 

a proper preliminary examination of the 

valve assembly is performed after a tank 

car is cleaned and purged, and before 

the car is loaded and offered for 

transportation. 

FRA’s recommendations in this safety 

advisory take into consideration the 

typical operational steps involved in 

loading/unloading tank cars equipped 

with bottom outlet valves, regardless of 

whether the valve is ‘‘top-operated’’ or 

controlled by a valve-mounted handle 

(‘‘bottom-operated’’). Generally, the 

bottom outlet cap or plug should not be 

removed from a tank car’s bottom outlet 

discharge nozzle until it is ascertained 

that the bottom outlet valve is actually 

closed and functioning properly. In 

accordance with Appendix E of the 

Association of American Railroads’ 

(AAR) Tank Car Committee Tank Car 

Manual,1 tank car bottom outlet caps 

and plugs are designed to provide telltale warnings upon loosening if a 

bottom outlet valve is not functioning 

properly. Accordingly, the design of 

bottom outlet discharge nozzles and 

closures allows any product that has 

accumulated between the bottom outlet 

operating valves and the bottom outlet 

closure cap or plug (i.e., in the outlet 

chamber) to drain in a safe and 

controlled manner. Once it is 

determined, by using the relationship of 

the handle to the valve as an indicator, 

that the bottom outlet valve is in the 

closed position, a person unloading a 

tank car should loosen the bottom outlet 

cap a few turns, leaving sufficient 

threads engaged, and allowing the 

passage of sufficient time to permit the 

controlled seepage of any liquid 

accumulated in the outlet chamber. If a 

tank car is equipped with an auxiliary 


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53322 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 

valve below the primary bottom outlet 

valve, that auxiliary valve should be in 

the open position, with its cap/plug 

removed, allowing an unloader to 

determine whether the primary valve is 

functioning properly. Once this 

accumulated product has drained out 

around the closure, the leakage should 

stop. This is an indication that the 

bottom outlet valve is functioning 

properly and that it is safe for the 

unloader to proceed with removing the 

bottom outlet cap or plug (a properly 

functioning bottom outlet valve in the 

closed position will contain the 

contents of the car on its own). 

If, however, leakage continues upon 

the loosening of a bottom outlet cap or 

plug, or there is an excessive amount of 

product drainage, this is an indication 

that the primary bottom outlet valve is 

not functioning properly (e.g., the valve 

may be defective, debris may be 

clogging the valve seat area and/or 

assembly components, or the valve is 

otherwise failing to function properly). 

Accordingly, the bottom outlet valve 

cap or plug should not be completely 

removed. Instead, the cap or plug 

should be secured and the tank should 

be unloaded from the fittings on top of 

the car. Unless FRA has granted a 

movement approval pursuant to 49 CFR 

174.50, tank cars identified with bottom 

outlet valves not functioning properly 

cannot be offered into transportation in 

compliance with the Hazardous 

Materials Regulations (HMR) (49 CFR 

Parts 171–180). 

The proper functioning of the bottom 

outlet valve is critical during the 

unloading of hazardous materials tank 

cars. Prior to June 1, 2005, the tank car 

unloading requirements of Part 174 of 

the HMR applied to all hazardous 

material tank car unloading operations. 

These requirements were set forth in 

Section 174.67 of the HMR and 

included certain procedural 

requirements. Specifically, Section 

174.67(g) required that during tank car 

unloading operations, if leakage was 

apparent upon starting the removal of a 

tank’s bottom outlet cap, the cap may 

not be entirely unscrewed. Instead, 

Section 174.67(g) required that 

‘‘[s]ufficient threads * * * be left 

engaged and sufficient time allowed to 

permit controlled escape of any 

accumulation of liquid in the outlet 

chamber.’’ Only if the leakage stopped 

or the rate of leakage diminished 

materially, could the bottom outlet cap 

be entirely removed in accordance with 

Section 174.67(g). That section further 

provided that ‘‘[i]f the initial rate of 

leakage continues, further efforts must 

be made to seat the outlet valve * * *. 

If this fails, the [bottom outlet cap] must 

be screwed up tight and the tank must 

be unloaded through the dome.’’ 

On April 15, 2005, the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) published a 

final rule, which modified the HMR’s 

applicability to certain tank car 

unloading processes. See 72 FR 20018. 

The end result of this final rule was that 

the requirements of Section 174.67 

related to the protection of train and 

engine crews operating within a shipper 

or consignee facility were consolidated 

in Part 173 of the HMR, and the 

remaining procedural requirements of 

Section 174.67, including paragraph (g), 

became applicable only to transloading 

operations (i.e., the transfer of a 

hazardous material from one packaging 

to another for the purpose of continuing 

transportation in commerce). Although 

the HMR currently only explicitly 

requires that the procedures of Section 

174.67(g) be followed during 

transloading operations, FRA 

recommends that persons responsible 

for unloading hazardous materials tank 

cars equipped with bottom outlet valves 

follow these procedures in all tank car 

unloading operations in order to detect 

an inoperable or defective bottom outlet 

valve, which could lead to an 

unintended release of a car’s contents 

during the unloading process. 

The proper functioning of the bottom 

outlet valve is also critical during the 

loading of railroad hazardous materials 

tank cars. Prior to July 1, 1996, the HMR 

specifically required that ‘‘[t]anks with 

bottom discharge outlets must have 

their outlet caps off, or outlet cap plugs 

open, during the entire time tanks are 

being loaded.’’ See 49 CFR 173.31(b) 

(1994). That same section of the HMR 

also prohibited tanks with bottom outlet 

valves which, after loading, permitted 

more than a dropping of the liquid 

contents of the tank with the outlet caps 

off, or the outlet cap plugs open, from 

being offered for transportation until 

proper repairs had been made. On 

September 21, 1995, the Research and 

Special Program Administration 

(RSPA), now known as PHMSA, 

published a final rule, developed jointly 

with FRA, that ‘‘revised and reorganized 

for clarity’’ 49 CFR 173.31, which 

addressed the qualification, 

maintenance, and use of tank cars. See 

68 FR 49048, 49067 (effective July 1, 

1996). RSPA’s stated intent in revising 

and reorganizing 49 CFR 173.31 was to 

‘‘align[ ] the inspection requirements 

in * * * 173.31(b) with the design and 

operations requirements’’ generally 

applicable for packagings and packages 

in 49 CFR 173.24. Id. at 49064. RSPA 

intended the revision to ‘‘clarify [the 

inspection requirements’] full intent, 

foster compliance with safety standards, 

and improve hazardous materials 

transportation safety.’’ Id. The rule was 

not intended to substantively modify 

the previous requirements of 49 CFR 

173.31(b). 

Although explicit language no longer 

appears in the HMR requiring bottom 

outlet caps to be off or outlet cap plugs 

to be open during the loading process, 

or prohibiting loaded tank cars, with 

more than a dropping of liquid with 

their outlet caps off or outlet cap plugs 

open, from being offered for 

transportation until repairs have been 

made, the requirements of 49 CFR 

173.24 remain the same. Specifically, 49 

CFR 173.24 requires that packages used 

for the transportation of hazardous 

materials be ‘‘designed, constructed, 

maintained, filled, * * * contents so 

limited, and closed, so that under 

conditions normally incident to 

transportation * * * there will be no 

identifiable release of hazardous 

materials to the environment.’’ 

Accordingly, FRA recommends that 

persons responsible for loading tank 

cars equipped with bottom outlet valves 

follow the inspection and operational 

procedures recommended below in 

order to detect an inoperable or 

defective bottom outlet valve, which 

could lead to an unintended release of 

the car’s contents during transportation 

or during the process of loading or 

unloading the car. 

FRA reminds those responsible for 

loading and unloading railroad tank cars 

that the United States Department of 

Labor Occupational Safety and Health 

Administration’s rule regarding process 

safety management of highly hazardous 

chemicals (29 CFR 1910.119), the U.S. 

Environmental Protection Agency’s risk 

management plan regulations (40 CFR 

Part 68), and other standards and rules 

of these agencies may also apply to tank 

car loading and unloading operations in 

certain circumstances. 

Recommended Action: Based on the 

necessity to reduce the number and 

severity of incidences due to bottom 

outlet valve failures and to enhance the 

public’s confidence in the safety of 

hazardous materials transportation by 

rail, FRA makes the following 

recommendations: 

1. Loading a Railroad Tank Car 

Equipped With a Bottom Outlet Valve or 

Valves 

Persons responsible for loading a tank 

car equipped with a bottom outlet valve 

or valves should: 

2. operate the bottom-outlet valve 

handle(s) to verify proper operation. 

Once proper operation has been 


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Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Notices 53323 

verified, the valve(s) should be closed 

and secured, as appropriate. 

3. ensure that the tank has its bottom 

outlet cap off, or outlet plug open, 

during the entire time the tank is being 

loaded. 

4. ensure that bottom outlet auxiliary 

valve(s) (if a tank car is so equipped) is 

open during the entire time the tank is 

being loaded. 

5. ensure that after loading, a tank 

with a bottom outlet valve that permits 

more than a dropping of the liquid 

contents of the car with the outlet cap 

off, or the outlet cap plug open, is not 

offered for transportation until proper 

repairs have been made. 

2. Unloading a Railroad Tank Car 

Equipped With a Bottom Outlet Valve or 

Valves 

Persons responsible for unloading a 

tank car equipped with a bottom outlet 

valve or valves should: 

6. confirm that the bottom outlet valve 

is closed before loosening the bottom 

outlet cap or plug. If it cannot be 

confirmed that the bottom outlet valve 

is closed, the valve cap or plug should 

not be removed. Instead, the tank car 

should be unloaded through the fittings 

on top of the car, and corrective action 

taken to repair the bottom outlet valve. 

7. ensure that during the unloading 

process, if leakage shows upon starting 

the removal of the bottom outlet cap or 

plug, the cap or plug should not be 

entirely unscrewed. Sufficient threads 

should be left engaged and sufficient 

time allowed to permit controlled 

escape of any accumulation of liquid in 

the outlet chamber. If the leakage stops, 

the cap or plug may be entirely 

removed. If leakage continues, further 

efforts must be made to seat the outlet 

valve. If this fails, the cap must be 

screwed up tight (or the plug secured), 

the tank must be unloaded through the 

fittings on top of the car, and corrective 

action must be taken to repair the 

bottom outlet valve. 

3. Cleaning and Purging of a Railroad 

Tank Car Equipped With Bottom Outlet 

Valves 

Persons responsible for the cleaning 

and purging of tank cars equipped with 

bottom outlet valves, should ensure that 

after the cleaning and purging process is 

complete, the bottom outlet valves and 

valve assemblies are examined for 

debris or obstructions prior to releasing 

the cars for further transportation. 

Sources for Additional Information 

Questions concerning the operation 

and maintenance of bottom outlet valves 

should be referred to the car owner for 

special instructions to ensure continued 

reliability of the bottom outlet valve. For 

specific literature on loading/unloading 

tank cars, refer to the AAR’s Pamphlet 

No. 34 titled, ‘‘Recommended Methods 

for the Safe Loading and Unloading of 

Non-Pressure Tank Cars.’’ 

For purposes of this safety advisory, 

FRA seeks cooperation from the entities 

who are responsible for determining 

that tank cars are in proper condition 

and safe for transportation. FRA will 

continue to monitor the status of tank 

cars equipped with bottom outlet valves 

in hazardous materials transportation 

and will take any necessary regulatory 

or enforcement action to ensure the 

highest level of safety on the Nation’s 

railroads. 

Issued in Washington, DC, on October 9, 

2009. 

Jo Strang, 

Associate Administrator for Railroad Safety/ 

Chief Safety Officer. 

[FR Doc. E9–24927 Filed 10–15–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Open Meeting of the President’s 

Economic Recovery Advisory Board 

(the PERAB) 

AGENCY: Departmental Offices. 

ACTION: Notice of open meeting. 

SUMMARY: The President’s Economic 

Recovery Advisory Board will meet on 

November 2, 2009, in the White House 

Roosevelt Room, 1600 Pennsylvania 

Avenue, NW., Washington, DC, 

beginning at 10 a.m. Eastern Time. The 

meeting will be open to the public via 

live Webcast at http:// 

www.whitehouse.gov/live. 

DATES: The meeting will be held on 

November 2, 2009 at 10 a.m. Eastern 

Time. 

ADDRESSES: The PERAB will convene its 

next meeting in the White House 

Roosevelt Room, 1600 Pennsylvania 

Avenue, NW., Washington, DC. The 

public is invited to submit written 

statements to the Advisory Committee 

by any of the following methods: 

Electronic Statements 

• Send written statements to the 

PERAB’s electronic mailbox at 

PERAB@do.treas.gov; or 

Paper Statements 

• Send paper statements in triplicate 

to Emanuel Pleitez, Designated Federal 

Officer, President’s Economic Recovery 

Advisory Board, Office of the Under 

Secretary for Domestic Finance, Room 

1325A, Department of the Treasury, 

1500 Pennsylvania Avenue, NW., 

Washington, DC 20220. 

In general, all statements will be 

posted on the White House Web site 

(http://www.whitehouse.gov) without 

change, including any business or 

personal information provided such as 

names, addresses, e-mail addresses, or 

telephone numbers. The Department 

will also make such statements available 

for public inspection and copying in the 

Department’s Library, Room 1428, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect 

statements by telephoning (202) 622– 

0990. All statements, including 

attachments and other supporting 

materials, received are part of the public 

record and subject to public disclosure. 

You should submit only information 

that you wish to make available 

publicly. 

FOR FURTHER INFORMATION CONTACT: 

Emanuel Pleitez, Designated Federal 

Officer, President’s Economic Recovery 

Advisory Board, Office of the Under 

Secretary for Domestic Finance, 

Department of the Treasury, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, at (202) 622– 

2610. 

SUPPLEMENTARY INFORMATION: In 

accordance with Section 10(a) of the 

Federal Advisory Committee Act, 5 

U.S.C. App. II, § 10(a), and the 

regulations thereunder, Emanuel 

Pleitez, Designated Federal Officer of 

the Advisory Board, has ordered 

publication of this notice that the 

PERAB will convene its next meeting on 

November 2, 2009, in the White House 

Roosevelt Room, 1600 Pennsylvania 

Avenue, NW., Washington, DC, 

beginning at 10 a.m. Eastern Time. The 

meeting will be broadcast on the 

Internet via live webcast at http:// 

www.whitehouse.gov/live. The purpose 

of this meeting is to continue discussion 

of the issues impacting the strength and 

competitiveness of the Nation’s 

economy. The discussion will include 

an update on the research and 

preparatory work conducted in the 

PERAB subcommittees. The PERAB will 

provide information and ideas obtained 

from across the country to promote the 

growth of the American economy, 

establish a stable and sound financial 

and banking system, create jobs, and 

improve the long-term prosperity of the 

American people. 


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