[Federal Register Volume 76, Number 160 (Thursday, August 18, 2011)]
[Proposed Rules]
[Pages 51324-51342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20863]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 179, and 180

[Docket No. PHMSA-2010-0018 (HM-216B)]
RIN 2137-AE55


Hazardous Materials: Incorporating Rail Special Permits Into the 
Hazardous Materials Regulations

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is 
proposing to amend the Hazardous Materials Regulations to incorporate 
provisions contained in certain widely used or longstanding special 
permits that have general applicability and established safety records. 
Special permits allow a company or individual to package or ship a 
hazardous material in a manner that varies from the regulations 
provided that an equivalent level of safety is maintained. The 
revisions in this proposed rule are intended to provide wider access to 
the regulatory flexibility offered in special permits and eliminate the 
need for numerous renewal requests, thus reducing paperwork burdens and 
facilitating commerce while maintaining an appropriate level of safety. 
This rulemaking also proposes to respond to two petitions for 
rulemaking, P-1497 concerning the use of electronic shipping papers, 
and P-1567 concerning the removal of the Association of American 
Railroad's (AAR's) AAR-600 portable tank program for previously adopted 
standards that meet or exceed the AAR-600 requirements.

DATES: Written comments should be submitted on or before October 17, 
2011.

ADDRESSES: You may submit comments identified by the docket number 
(PHMSA-2010-0018 (HM-216B)) by any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Fax: 1-202-493-2251.
    Mail: Docket Operations, 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: To Docket Operations, 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 for this notice at the beginning of the comment. All 
comments received will be posted without change to the Federal Docket 
Management System (FDMS), including any personal information.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy Act: Anyone is able to search the electronic form of any 
written communications and comments received into any of our dockets by 
the name of the individual submitting the document (or signing the 
document, if submitted on behalf of an association, business, labor 
union, etc.). You may review DOT's complete Privacy Act Statement in 
the Federal Register published on April 11, 2000 (Volume 65, Number 70; 
Pages 19477-78).

FOR FURTHER INFORMATION CONTACT: Eileen Edmonson or Steven Andrews, 
Standards and Rulemaking Division, Office of Hazardous Materials 
Safety, (202) 366-8553, Pipeline and Hazardous Materials Safety 
Administration (PHMSA), or Karl Alexy, Office of Safety Assurance and 
Compliance, (202) 493-6247, Federal Railroad Administration (FRA), 1200 
New Jersey Avenue, SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 
I. Background
II. Overview of Proposed Amendments
III. Regulatory Analyses and Notices

I. Background

Special Permits

    The Pipeline and Hazardous Materials Safety Administration (PHMSA) 
is proposing to amend the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180) to incorporate certain requirements based on existing 
special permits for transportation by railroad issued by PHMSA under 49 
CFR part 107, subpart B (Sec. Sec.  107.101 to 107.127). A special 
permit sets forth alternative requirements (variances) to the 
requirements in the HMR by means that achieve a safety level that at a 
minimum corresponds to the safety level required under the regulations 
and is consistent with the public interest. Congress expressly 
authorized DOT to issue these variances in the Hazardous Materials 
Transportation Act of 1975.
    The HMR generally are performance-oriented regulations that provide 
the regulated community a certain amount of flexibility in meeting 
safety requirements. Even so, not every transportation situation can be 
anticipated and built into the regulations. Innovation is a strength of 
our economy, and the hazardous materials community is particularly 
strong at developing new materials and technologies as well as 
innovative ways of transporting materials. Special permits enable the 
hazardous materials industry to quickly, effectively, and safely 
integrate new products and technologies into the production and 
transportation streams. Thus, special permits provide a mechanism for 
testing new technologies, promoting increased transportation efficiency 
and productivity, and ensuring global competitiveness.
    A special permit must achieve at least an equivalent level of 
safety to that specified in the HMR. Implementation of new technologies 
and operational techniques can enhance safety because the authorized 
operations or activities may achieve a greater level of safety than 
currently required under the regulations. Special permits also reduce 
the volume and complexity of the HMR by addressing unique or infrequent 
transportation situations that would be difficult to accommodate in 
regulations intended for use by a wide range of shippers and carriers.
    PHMSA conducts ongoing reviews of special permits to identify 
widely used and longstanding special permits having general 
applicability with established safety records for adoption into 
regulations for broader applicability. To

[[Page 51325]]

obtain a special permit, interested parties must prepare and submit a 
detailed application that PHMSA reviews extensively. If granted and its 
use is needed after the expiration date assigned, the person authorized 
to use the special permit must submit an application to continue their 
use of it and undergo an extensive PHMSA renewal process. Converting 
these special permits into regulations reduces paperwork burdens and 
facilitates commerce while maintaining an acceptable level of safety. 
Additionally, adoption of special permits as rules of general 
applicability provides wider access to the benefits and regulatory 
flexibility of the provisions granted in the special permits. Factors 
that influence whether a specific special permit is a candidate for 
regulatory action include: the safety record for hazardous materials 
transported, or the transport operations conducted, under a special 
permit; the potential for broad application of a special permit; 
suitability of provisions in the special permit for incorporation into 
the HMR; rulemaking activity in related areas; and agency priorities. 
Special permits involving packaging used by a large number of persons--
such as those issued to many persons with party status or issued to a 
manufacturer as a ``manufacture, mark, and sell''--are potentially 
among the most suitable types of special permits for adoption into the 
HMR. Such special permits have broad applicability; moreover, many of 
them have been in effect for a number of years and have demonstrated 
safety records.
    Further, although we make every effort to stay as true as possible 
to the conditions prescribed in each special permit when converting it 
to proposed regulatory text, PHMSA recognizes that sometimes, due to 
existing regulations or historical interpretations, provisions in a 
special permit may require revision to convert them into regulations of 
general applicability. In addition, when converting special permits we 
often have to modify the language to describe documents and procedures 
that are authorized under the special permit but not specifically 
described in it or to modify the language to comply with requirements 
for proposed regulatory text prescribed by this agency, the Department 
of Transportation, and the Federal Register.
    This notice of proposed rulemaking (NPRM) proposes to incorporate 
seven (7) special permits that authorize tank car transportation 
operations not specifically permitted under the HMR. These special 
permits were initially issued to members of industry associations or 
similar organizations. They are DOT-SP:
    1. 7616
    2. 9388
    3. 11184
    4. 12095
    5. 12905
    6. 14333
    7. 14622
    These special permits have well-established safety records and, 
thus, are candidates for incorporation into the HMR. A few of the 
special permits in this NPRM have expired for various reasons, such as 
from delays that occur during the renewal process, or as a result of 
modifications to the HMR, packagings, processes, or other technologies 
that eliminate the need for the special permit. PHMSA has included them 
in this NPRM because both PHMSA and the Federal Railroad Administration 
(FRA) have determined these special permits also have well-established 
safety records and would benefit the regulated industry if incorporated 
into the HMR. Incorporating these special permits into the HMR would 
eliminate the need for over 250 current grantees to reapply for the 
renewal of these special permits every four years and for PHMSA to 
process the renewal applications.
    Incorporation of these special permits into the HMR also eliminates 
a significant paperwork burden for the recipient. Unless otherwise 
excepted by this agency, a copy of each special permit must be: 
maintained at each facility where a packaging is manufactured under a 
special permit, maintained at each facility where a package is offered 
or re-offered for transportation under a special permit, carried on 
board each cargo vessel or aircraft, and, in some cases, carried on 
board each transport vehicle when used to transport a hazardous 
material under a special permit.

Petitions for Rulemaking

    Two proposals PHMSA is addressing in this proposed rulemaking were 
also presented to PHMSA in petitions for rulemaking. A more detailed 
description of each is provided below.

Petition No. P-1497

    The petition from the International Vessel Operators Hazardous 
Materials Association, Inc. (IVOHMA) (P-1497), dated March 15, 2007, is 
similar to relief authorized under DOT-SP 7616 in that it requests 
PHMSA allow shipping paper information required under 49 CFR Part 172, 
Subpart C (shipping papers) to be transmitted electronically by 
computer through use of electronic data interchange (EDI). The IVOHMA 
states ``differences in hazard communication or the interpretation of 
their application are a principle[sic] source of disharmony in 
intermodal and/or international transportation of [hazardous 
materials].'' The IVOHMA also states ``electronic data interchange has 
become a recognized method of efficient and accurate communication 
currently being used successfully throughout the industrialized world'' 
that permits ``immediate access to hazard communication by all those 
involved in the transportation infrastructure as well as by emergency 
responders equipped'' with this technology. Further, the IVOHMA states 
in its petition that the proposals it submitted were vetted with its 
staff and members and determined to be opportunities for regulatory 
amendment to promote efficiencies in the modal interchange of these 
containers in both domestic and international transportation.
    PHMSA and the FRA met with the IVOHMA, on January 17, 2007, to 
discuss several issues concerning the HMR and containerized hazardous 
materials cargo that the association and its members believe may be 
presenting operational difficulties, impediments, and obstacles to 
efficient and safe intermodal transportation. These issues included 
inconsistencies between the shipping paper requirements for each mode 
for documents that can be construed as meeting the HMR shipping paper 
requirements, ``such as work orders, dock receipts or train consists,'' 
and determining which shipping document is considered legally in 
control of the shipment. The IVOHMA also identified two problems 
associated with the train consist. The first problem is Sec. Sec.  
174.24 and 174.26 do not require that the agency or person be 
identified that corresponds to the emergency response information 
telephone number on the document. The HMR requires this information on 
a shipping paper document under Sec.  172.604(b). The IVOHMA states 
``valuable time is often lost'' while emergency responders using these 
telephone numbers or inspectors checking their validity track down the 
correct individual and/or organization associated with a specific 
telephone number. The IVOHMA also states a similar problem occurs when 
international telephone numbers are offered as the emergency response 
telephone number that provides access from the United States to the 
emergency responder, and includes delays that occur obtaining a 
telephonic connection while using the international access codes. The 
second problem is the

[[Page 51326]]

emergency response telephone number needs to be accessible by all the 
persons associated with the transport of the shipment, such as those 
carriers trying to obtain information to respond to a shipboard 
emergency.
    To address these concerns, the IVOHMA submitted proposed regulatory 
language that would define the term ``interlining carrier'' in Sec.  
171.8, establish requirements for ``interlining carrier documents'' in 
a new Sec.  172.206, and make several additional related revisions 
concerning shipping papers and emergency response information in 
Sec. Sec.  172.204(d), 172.604(a), and 174.26(b). Although the petition 
the IVOHMA submitted primarily concerned the transportation of 
containerized hazardous materials between railcars and vessels, the 
regulatory language the IVOHMA proposed would apply to interlining 
carriers in all modes. This rulemaking applies to rail transportation 
only. Therefore, PHMSA determined proposing regulations that apply to 
carriers in all modes would exceed the scope of this rulemaking. PHMSA 
considered revising the IVOHMA's proposals to limit them to rail 
transport only with the possibility of considering their application to 
other modes of transport in a future rulemaking. However, FRA 
determined the IVOHMA's proposals are not needed because the language 
in existing Sec.  174.24(a) applies to the transfer of all interlining 
documents. This section requires that each person accept a hazardous 
material for rail transportation or transport a hazardous material by 
rail only if that person has received a shipping paper for that 
material. If the material is excepted from the shipping paper 
requirements under the HMR, this section does not apply. PHMSA requests 
public comment not only on the proposals in this rulemaking, but on 
IVOHMA's suggestions not included in this rulemaking and on the 
possible effects EDI may have on distributing hazardous materials 
shipping paper information if its use is permitted in all modes of 
transport. Based on the comments received, PHMSA may consider the use 
of EDI in other modes of transport in a future rulemaking.

Petition No. P-1567

    PHMSA adopted standards for portable tanks in container-on-flat-car 
(COFC) or trailer-on-flat-car (TOFC) service under Sec.  174.63 and 
other sections of the HMR that meet or exceed the AAR-600 requirements. 
The petition from the Gold Tank Inspection Service, Inc. (P-1567), 
requests that PHMSA discontinue the AAR-600 program and amend Sec.  
174.63(c) to remove the requirement that portable tanks in COFC or TOFC 
service comply with the standard ``AAR-600'' of the Association of 
American Railroad's (AAR's) Specification for Tank Cars, entitled 
``Specifications for the Acceptability of Tank Containers,'' because: 
(1) The current HMR regulations exceed the AAR 600 requirements; (2) 
after January 1, 2003, all the specifications for original portable 
tank construction listed in the AAR 600 standard are not allowed to be 
built except DOT Specification 60 and International standard 1496-3 
portable tanks, which are already covered under Sec. Sec.  178.255 and 
178.274, respectively, of the HMR; and (3) after January 1, 2010, the 
AAR 600 standard will no longer be needed since, in accordance with 
Sec.  171.14, all portable tanks will have to meet or exceed the AAR 
600 requirements and AAR 600 does not cover portable tank requirements. 
In a May 20, 2009 letter of clarification PHMSA issued to Robert E. 
Fronczak, Assistant Vice President, Environment and Hazardous 
Materials, Association of American Railroads, under Reference No. 09-
0125, PHMSA states ``most of the portable tanks listed in the AAR-600 
standard are prohibited from new construction, although they may remain 
in service provided they continue to meet the applicable standard,'' 
and that ``we intend to propose a revision to Sec.  174.63(c) as soon 
as practicable.'' The changes Mr. Fronczak described have effectively 
made the HMR's reference to the AAR-600 standard outdated. Therefore, 
PHMSA proposes to revise Sec.  173.63(c) to remove its reference to the 
AAR 600 standard and to require that portable tanks transported in COFC 
or TOFC service must conform to all HMR requirements applicable to 
portable tanks in this type of service.

II. Overview of Proposed Amendments

    In this NPRM, PHMSA is proposing to incorporate into the HMR 
provisions that: (a) Establish an alternative tank car qualification 
program; (b) permit the electronic transmission of shipping paper 
information; (c) permit straight threads in the clean out and/or 
inspection port openings of a DOT Specification 110A500W multi-unit 
tank car tank; (d) permit alternative start-to-discharge pressure 
requirements for certain DOT Specification 105J500W tank cars 
containing chlorine; (e) permit alternative pressure relief 
requirements for pressure relief devices for DOT Specification 105J300W 
tank cars containing certain flammable liquids; (f) permit certain DOT 
and AAR specification tank cars with stainless steel identification 
plates to have their specification and other required information 
stamped on the identification plate instead of the tank car head 
provided certain requirements are met; (g) permit liquefied anhydrous 
ammonia gas to be measured by a metering device when loaded into a tank 
car as an alternative to measuring the cars by weight; (h) revise Sec.  
179.13(b) to require that rail tank cars with a gross weight that 
exceeds 263,000 but not 286,000 pounds containing poisonous-by-
inhalation (PIH) materials must be approved for use by the Federal 
Railroad Administration's (FRA's) Associate Administrator for Railroad 
Safety; and (i) eliminate use of the AAR 600 program concerning the 
FRA's approval of bulk packagings in COFC and TOFC service that is 
incorporated into Sec.  174.63(c)(2). PHMSA invites comment on the 
potential costs and safety benefits associated with the proposals in 
this NPRM, including any information that may be used in a cost-benefit 
safety analysis. Each proposal is discussed in greater detail in the 
following preamble sections.

A. Alternative Tank Car Qualification Program

    The FRA established the Alternative Tank Car Qualification Program, 
also known as TCQ-1, in 1998 in collaboration with the railroad 
industry and PHMSA under Special Permit DOT-SP 12095. The TCQ-1 program 
serves as a minimally acceptable framework for owners to qualify their 
DOT specification and non-specification tank cars and components using 
requirements in place of those prescribed in 49 CFR Part 180. The TCQ-1 
program permits owners to develop tank car inspection requirements 
specific to their construction and use, provided the FRA has determined 
the new methods are as safe or safer than those prescribed in the HMR. 
FRA determined the new program is successful and its use has 
dramatically increased since its inception. In fact, FRA and PHMSA have 
determined the industry's use of the TCQ-1 program is so complete that 
it essentially is the only tank car inspection standard used today. 
Currently, 559 parties are operating under TCQ-1. PHMSA and FRA are not 
aware of any incidents that have occurred as a result of the issuance 
of special permits for the tank car qualification program.
    PHMSA and FRA believe incorporating Special Permit DOT-SP 12095 
into the HMR will provide an equivalent level of safety for the 
qualification of both specification and

[[Page 51327]]

non-specification rail tank cars, and will reduce the administrative 
burden of reapplying for this special permit. Therefore, in this NPRM, 
PHMSA and FRA are proposing to incorporate Special Permit DOT-SP 12095 
into the HMR. This proposal pertains to: marking and stamping; adding 
new definitions pertaining to tank cars; adding qualifications for tank 
car inspections and tests; revising the requirements for tank car 
repairs, alterations, conversions, and modifications; clarifying 
recordkeeping requirements; and listing hazardous and other materials 
corrosive to tanks or service equipment. The following table summarizes 
the proposed changes:

----------------------------------------------------------------------------------------------------------------
                                            Proposed change to 49
    Number             Section No.              CFR part 180              Proposed change from DOT-SP 12095
----------------------------------------------------------------------------------------------------------------
1.............  180.501.................  Applicability...........  Existing paragraph (b) is now paragraph (c),
                                                                     and new paragraph (b) and (d) are added to
                                                                     clarify, respectively, the minimally
                                                                     acceptable framework each owner's tank car
                                                                     qualification program must have, and
                                                                     specifies that documents must be made
                                                                     available upon request to FRA or an
                                                                     authorized representative of the U.S.
                                                                     Department of Transportation.
2.............  180.503 (Definitions)...  Bottom shell............  Not added. This definition already exists in
                                                                     Sec.   171.8.
                                          Corrosive to the tank or  No change.
                                           service equipment.
                                          Defects.................  Added to eliminate industry confusion.
                                          Design level of           Minor edits.
                                           reliability and safety.
                                          Interior heating system.  No change.
                                          Lining/Coating owner....  No change.
                                          Maintenance.............  Minor edits.
                                          Modification............  Added to aid industry compliance.
                                          Objectively reasonable    Added to explain the use of this term in
                                           and articulable belief.   Sec.   180.509(b)(4).
                                          Qualification...........  First sentence states what the term means
                                                                     instead of how to achieve it. Second
                                                                     sentence (essentially unchanged) states how
                                                                     to achieve qualification and emphasizes
                                                                     that ``qualification'' requires a
                                                                     representation that the process has been
                                                                     completed successfully.
                                          Railworthy,               Explains the term. When FRA requires a
                                           Railworthiness.           recall of a tank car or series of tank cars
                                                                     it issues a ``Railworthiness Directive.''
                                          Reactive to the tank or   Adds reactivity language based on Sec.
                                           service equipment.        173.24(b)(2) and (3).
                                          Reinforced tank shell     No change.
                                           butt weld.
                                          Reinforcing plate.......  No change.
                                          Reliability.............  No change.
                                          Representation..........  Reworded.
                                          Safety system...........  No change.
                                          Service equipment.......  Minor edits.
                                          Service equipment owner.  Added to clarify the party responsible and
                                                                     to accommodate a growing trend in the
                                                                     industry that the owner of the car may or
                                                                     may not own the service equipment.
                                          Tank car owner..........  This is a codification of previous FRA
                                                                     interpretations and statements.
                                          Top shell...............  Not added. This definition already exists in
                                                                     Sec.   171.8.
3.............  180.507.................  Paragraph (b)(2)........  ``Marked'' replaces ``stamped'' to allow for
                                                                     flexibility with regulatory compliance.
                                          Paragraph (b)(5)........  This TCQ-1 paragraph is omitted but language
                                                                     is used from existing Sec.   180.507(b)(5).
4.............  180.509.................  Paragraph (a)(4)........  Added last sentence to ameliorate a concern
                                                                     from tank car owners that modifications
                                                                     have been made to their cars without their
                                                                     knowledge; minor edits.
                                          Paragraph (b)(4)........  Replaced ``probable cause'' with the wording
                                                                     ``objectively reasonable and articulable
                                                                     belief'' because the former is a term of
                                                                     art in criminal law and is also used in FRA
                                                                     drug and alcohol regulations. The intent of
                                                                     Sec.   180.509(b)(4) is to create a
                                                                     standard less strict than that of an
                                                                     emergency order, but rigorous enough to
                                                                     compel a tank car owner to reinspect and
                                                                     repair, if necessary, tank cars considered
                                                                     potential hazards irrespective of their
                                                                     periodic test and inspection requirements.
                                          Paragraph (c)(1)........  Minor edits.
                                          Paragraph (d)...........  Minor edits.
                                          Paragraph (d)(2)........  Added last sentence for clarity.
                                          Paragraph (d)(3)........  Added ``Corrosion'' as specific element for
                                                                     inspection.
                                          Paragraph (d)(5)........  To insure inclusiveness, added ``all
                                                                     closures'' as substitute for specific item
                                                                     names.
                                          Paragraph (d)(6)........  Dropped ``operability'' test of excess flow
                                                                     valves because it is not a practical test
                                                                     and a successful result might damage the
                                                                     excess valve seat and preclude seating in a
                                                                     future event.
                                          Paragraph (e)(1)........  Replace ``high-stressed structural
                                                                     elements'' with the simpler words
                                                                     ``structural elements.''

[[Page 51328]]

 
                                          Paragraph (f)(1)........  Added the responsibility of the tank car
                                                                     owner for clarity.
                                          Paragraph (f)(4)........  Added a general prohibition against
                                                                     operating overly thin tank cars; this
                                                                     responsibility is changed from putting it
                                                                     solely on tank car owners who often have no
                                                                     control over the day to day movements of
                                                                     their tank cars.
                                          Paragraph (g)...........  Minor edits; removes the language that
                                                                     implies only a ``qualified individual''
                                                                     could find a thin tank car and invoke the
                                                                     restrictions in this paragraph.
                                          Paragraph (h)...........  No change.
                                          Paragraph (i)...........  Minor edits.
                                          Paragraph (j)...........  Minor edits; Replaced the wording ``after
                                                                     reassembly of a tank car'' from Part 180,
                                                                     Subpart F, and ``installed on the tank
                                                                     car'' with ``installed, replaced, or
                                                                     reinstalled on the tank car.''
                                          Paragraph (l)...........  Minor edits.
                                          Paragraph (m)...........  After 12/2010 the requirements of paragraph
                                                                     (m) should have been fulfilled. There may
                                                                     be late tank cars or tank cars with
                                                                     extended alternate inspection intervals;
                                                                     therefore, this provision will be retained
                                                                     for an additional 5-10 years.
5.............  180.511.................  ........................  Added minor edits; included those in Part
                                                                     180, Subpart F, to capture requirements for
                                                                     qualifying service equipment.
6.............  180.513.................  Paragraph (a)...........  Reworded to encompass the entire AAR Tank
                                                                     Car Manual rather than certain appendices.
                                          Paragraph (b)...........  Added for clarification and as a reminder
                                                                     that tank car or component owners are
                                                                     responsible for verifying compliance with
                                                                     the owner's maintenance instructions.
                                          Paragraph (c)...........  Is the same language as existing paragraph
                                                                     (b) from DOT-SP 12095. The last sentence
                                                                     was added for clarification.
7.............  180.515.................  Paragraph (a)...........  Added last sentence to clarify the primacy
                                                                     of dates marked in Appendix C of the AAR
                                                                     Tank Car Manual.
8.............  180.517.................  ........................  Revised to clarify that marking or retaining
                                                                     the specification on the tank, either after
                                                                     initial construction in paragraph (a) or
                                                                     subsequent qualification in paragraph (b),
                                                                     is the ``representation'' of
                                                                     ``qualification'' defined in Sec.
                                                                     180.503.
----------------------------------------------------------------------------------------------------------------

    Additional provisions from Special Permit DOT-SP 12095 as proposed 
will be in Sec. Sec.  179.201-10, 179.220-25, and 180.501, and 180.503, 
180.507, 180.509, 180.511, 180.513, 180.515, 180.517, and Appendix D of 
part 180.

B. Telephone and Electronic Data Interchange Shipping Papers

    Special Permit DOT-SP 7616 permits the transmission of shipping 
paper information by telephone and electronic data interchange (EDI). 
Special Permit DOT-SP 7616 is currently used by 626 parties. Prior to 
this special permit, shippers entered information on shipping papers by 
hand, typewriter, or with the use of a computer and then transmitted 
these documents by hand, railroad agent, facsimile, or postal system to 
a train crew or rail yard. These methods were very time consuming. This 
shipping information would then be entered into the receiver's tracking 
system, a process that resulted in a large number of key entry errors 
for hazardous materials shipments.
    Starting in the 1960s, many companies began using in-house computer 
systems and networks to assist with preparing and tracking shipping 
information, but technological limitations often prevented or 
restricted one company's system from communicating with another's. Rail 
companies and shippers attempting to address these issues and find 
solutions formed the Transportation Data Coordination Committee (TDCC) 
in 1968, and started publishing standards on EDI in 1975. In the mid-
1970's, the U.S. Department of Transportation (USDOT) issued Exemption 
DOT-E 7616 to permit railroad companies to ``certify'' their shipping 
papers for hazardous materials by permitting the shipper to leave a 
``voice'' message stating that a hazardous materials shipment loaded on 
a railcar was being offered for transportation. Eventually, the 
exemption was revised to allow an ``electronic'' shipping document to 
be faxed and later transmitted electronically from computer to 
computer. Today, EDI standards are used worldwide for most industries 
that rely on electronic data transfer of information, such as banks, 
medical institutions, and shipping companies outside of railroad-
related businesses.
    In consultation with USDOT, the TDCC evolved, and the EDI standards 
were published as guidelines on electronic data standards for the 
transportation industry. These guidelines established format codes and 
protocols for communicating and verifying the accuracy of electronic 
information, including hazardous materials information on a shipping 
paper, for hazardous materials shippers and carriers. Currently, the 
Accredited Standards ``X12'' Committee (ACS) of the American National 
Standards Institute (ANSI) creates standards specifically for EDI. 
Industry organizations take these standards and modify them to fit the 
types of electronic transmissions and/or transactions needed by each 
industry. This is what is done in the railway industry. As a result, 
there is no one specific standard that includes all the electronic 
transmissions permitted as EDI.
    Special Permit DOT-SP 7616 allows a carrier to accept shipping 
paper information via telephone (i.e., voice communications) for 
hazardous material shipments that have been transported by railroad, 
and authorizes several variations in the certification requirement when 
this information is transmitted telephonically or through EDI. The 
Federal Aviation Administration and Federal Motor Carrier Safety 
Administration have informed PHMSA and FRA that some

[[Page 51329]]

inconsistencies exist when these standards are applied between the 
different transportation modes. Therefore, in this NPRM, PHMSA and FRA 
are proposing to incorporate into the HMR the provisions for EDI 
prescribed in Special Permit DOT-SP 7616 and requested in Petition No. 
P-1497 for any hazardous materials shipment transported by rail only. 
This will exclude, for example, the use of voice communications as an 
authorized method for carriers to accept hazardous materials shipping 
paper information for transporting these shipments by aircraft or motor 
vehicle. Further, PHMSA and FRA are proposing to allow a signature in 
the signature block of an EDI form to represent completion of the 
shipper's certification prescribed under Sec.  172.204. Users of EDI 
may wish to consult the ANSI's ACS X12 Committee for guidance on EDI 
transmissions and transactions for electronic shipping documents, along 
with any other guidance developed on this subject by the Department's 
agencies, such as the FRA.
    PHMSA and FRA are not aware of any incidents that have occurred as 
a result of the issuance of Special Permit DOT-SP 7616. PHMSA and FRA 
have also determined the overall effect of the special permit has 
improved the timely and accurate receipt of hazardous materials 
information, thereby improving safety. As mentioned earlier in this 
preamble, the IVOHMA also requested through a petition for rulemaking 
(P-1497) that PHMSA revise the HMR to include the transmission of 
shipping documents through EDI. PHMSA and FRA acknowledge that 
hazardous materials shipping document information is routinely 
transmitted by computer but no provision in the HMR specifically 
addresses this. PHMSA and FRA also note that the use of EDI to transmit 
this information does not eliminate the requirement for the printed 
copy of a shipping paper to accompany a hazardous materials shipment. 
PHMSA and FRA specifically request comments on the costs and safety 
benefits associated with these proposals, as well as the possible 
effects and/or modifications needed to permit EDI to transmit 
successfully the shipping paper information for hazardous materials in 
all transportation modes.
    The provisions for Special Permit DOT-SP 7616 and Petition No. P-
1497 are proposed in Sec. Sec.  172.201, 172.202, 172.204, and 172.604. 
The changes that IVOHMA proposed for Sec.  174.24 are also located in 
Sec.  172.202; therefore, they are not needed in Sec.  174.24 and we 
are not proposing to revise that section.

C. Straight Threads on Multi-Unit Tank Cars

    Special Permit DOT-SP 14333 authorizes the manufacture, marking, 
sale and use of a non-DOT specification tank car conforming to all the 
regulations applicable to the DOT Specification 110A500W multi-unit 
tank car tank, except that the tank must be equipped with straight 
threads in the clean-out/inspection port openings instead of the 
National Gas Taper Threads. Four parties currently use this special 
permit.
    This special permit also permits retrofitting. Section 179.300-
13(b) requires that taper threads must be used on the valve opening. In 
the safety equivalency evaluation for Special Permit DOT-SP 14333, 
PHMSA and FRA determined that straight threads on the clean-out/
inspection port opening would provide an equivalent level of safety. 
Tapered threads are designed to provide a seal when torqued. The seal 
is a result of the compression of the male and female threads. Because 
they compress, there is an inevitable degree of deformation. This 
deformation decreases the likelihood that a proper seal can be obtained 
upon subsequent applications. Straight threads are used on connections 
where a gasket is compressed to create a seal. Therefore, a seal can be 
obtained by repeated application as long as the gasket has not 
degraded. The clean-out/inspection port openings are used repeatedly 
and introduce an opportunity for leaks. The straight threads on these 
openings help to minimize leaking. Special Permit DOT-SP 14333 limits 
the use of the straight threads opening to certain high-hazard Division 
2.3 (poisonous gas), Division 6.1 (poisonous), and Class 8 (corrosive) 
hazardous materials, as well as those materials authorized to be 
transported in DOT Specification 110A500W multi-unit tank car tanks. 
However, PHMSA and FRA believe straight threads in inspection ports can 
be used for all hazardous materials authorized to be transported in DOT 
Specification 110A multi-unit tank car tanks and are proposing this 
action in this NPRM.
    PHMSA and FRA are not aware of any incidents that have occurred as 
a result of the issuance of this special permit, and believe these 
provisions, if adopted, will provide an adequate level of safety. 
Therefore, PHMSA and FRA are proposing to incorporate Special Permit 
DOT-SP 14333 into the HMR and further allowing straight threads in 
inspection ports to be used for all hazardous materials authorized to 
be transported in DOT Specification 110A multi-unit tank car tanks. The 
provisions for this special permit are proposed in Sec.  179.300-13(b) 
for DOT Specification 110A multi-unit tank cars only.

D. Alternative Start-to-Discharge Pressure Requirements for Tank Cars 
Containing Chlorine

    Special Permit DOT-SP 14622 authorizes the transportation of 
certain DOT Specification 105J500W tank cars containing chlorine that 
have start-to-discharge settings that do not meet the regulatory 
requirements for pressure relief devices. Three parties currently use 
this special permit.
    In its original application for this special permit, Occidental 
Chemical Corporation (OxyChem) requested relief from Sec.  179.15(b) to 
allow tank cars in chlorine service to be equipped with combination 
pressure relief valves (PRV) with a set pressure of 360 pounds per 
square inch (psi) rather than the required set pressure of 356 psi. 
OxyChem justified its request based on its history of operating tank 
cars safely in a manner similar to what it was requesting. OxyChem also 
based its request on the HMR's regulatory history prior to the final 
rule issued under Docket No. HM-216, effective on October 1, 1996 (61 
FR 28666; 61 FR 38642; 61 FR 50252), which permitted DOT Specification 
105J500W tank cars used to transport chlorine to be equipped with a PRV 
with a set pressure of 356 psi.
    The FRA conducted an evaluation of the level of safety provided by 
the terms and allowances of Special Permit DOT-SP 14622. As part of 
this evaluation, FRA staff contacted the Chlorine Institute, which 
represents all of the companies that are a party to this special 
permit. The Chlorine Institute reported it has not received a report of 
any incident related to the conditions allowed under Special Permit 
DOT-SP 14622. In addition, the Chlorine Institute found the PRV setting 
does not affect the standard start-to-discharge pressure that is the 
basis for the flow rating pressure. The flow rating pressure, in turn, 
is used to calculate the required PRV flow capacity. Therefore, the FRA 
finds the valve is sized appropriately for the required design 
conditions.
    The FRA has one safety concern related to Special Permit DOT-SP 
14622. If the relief discs or pins burst or break within their 
tolerances, there is the potential that the valve will be exposed to 
the lading and its vapor for an extended period of time. A rupture disc 
or breaking pin is used in conjunction with a reclosing PRV to

[[Page 51330]]

provide a barrier between the valve and its components from the lading 
and the vapor of the lading, as exposure to these can lead to corrosion 
and ultimately the malfunctioning of the valve. Furthermore, the FRA 
believes it is important that combination PRVs are equipped with 
``tell-tale devices'' located outboard (outside) of the rupture disc 
(or breaking pin) and inboard (inside) of the valve. When the disc or 
breaking pin is intact, the valve indicates no pressure. If the disc or 
pin has been compromised, the valve will show an elevated pressure. An 
operator inspecting the condition of the tell-tale device can determine 
if the rupture disc or breaking pin has been compromised.
    A rupture disc has a rated pressure burst-pressure tolerance of +/- 
5 percent. A breaking pin has a rated pressure burst-pressure tolerance 
of +/- 10 percent (see ASME Section VIII, UG-126 Pressure Relief 
Valves). An evaluation of the special permit relative to both the 
rupture disc and breaking pin is provided in the following paragraph.
    Special Permit DOT-SP 14622 allows for the PRV to have a set 
pressure of 360 psi. The special permit allows the burst pressure of 
the relief device to be 96 percent of the start-to-discharge pressure 
rather than the required maximum of 95 percent. As stated earlier, the 
set pressure in SP-14622 is within the rated pressure burst tolerance 
of the rupture disc and rated pressure burst tolerance of the breaking 
pin described earlier in this paragraph. However, it is possible that a 
rupture disc could burst at the limit of its negative tolerance at 356 
psi. In this case, the valve with a set pressure of 360 psi would be 
undetected and exposed to the lading or the vapor of the lading. While 
this sequence is possible, the negative effects to the valve are very 
limited. This can be demonstrated by reviewing the thermodynamic 
properties of chlorine and the time needed to increase the vapor 
pressure of the chlorine to the set pressure of the PRV. Based on the 
vapor pressure-temperature relationship of chlorine, the temperature of 
chlorine at a vapor pressure of 356 psi is approximately 165 [deg]F and 
its temperature at 360 psi is approximately 170 [deg]F. It is evident 
that as the temperature of chlorine increases, the vapor pressure of 
the chlorine also increases at a slightly faster rate.
    A pool fire represents the only scenario in which the temperature 
of chlorine in a tank could reach 165 [deg]F. In this scenario, the 
heat input is so great that the specific heat and heat of vaporization 
requirements would be met quickly and raise the temperature and the 
respective vapor pressure of the chlorine in the tank car to a level 
that would actuate the PRV, causing the PRV to function and vent the 
pressure in the tank. Under these hazardous conditions, corrosion of 
the PRV body and components are very minor considerations.
    Regarding the breaking pin, as stated earlier, the rated pressure 
tolerance is +/- 10 percent. Both the start-to-discharge pressure 
requested in Special Permit DOT-SP 14622 and required in the HMR are 
within the design tolerance of the breaking pin. As a result, neither 
poses a greater risk to the safe operation of the relief valve and tank 
car.
    Based on this analysis, PHMSA and FRA believe operation of a tank 
car under the terms of Special Permit DOT-SP 14622 provides a level of 
safety that is equivalent to that of a similar tank car operated under 
the HMR. Therefore, we propose to adopt this requirement into the HMR. 
The provisions for this special permit are proposed in Sec.  
173.314(k)(2).

E. Alternative Pressure Relief Requirements for Pressure Relief Devices 
for Tank Cars Containing Certain Flammable Liquid Materials

    Special Permit DOT-SP 11184 authorized the transportation in 
commerce of certain Class 3 materials in DOT Specification 105J300W 
tank cars with a pressure relief device rated at 25 percent of tank 
test pressure. The commodities authorized under this special permit 
were typically shipped in general purpose (GP) tank cars (e.g., DOT 
Specification 111A100W). In 1996, PHMSA, then known as the Research and 
Special Programs Administration, added Sec.  179.15 to the HMR in a 
final rule it issued on June 5, 1996, under Docket No. HM-216 (61 FR 
28666). In paragraph (b)(2)(i) of that section, the agency added the 
requirement that reclosing pressure relief devices in tank cars, other 
than DOT Class 106, 107, 110, and 113 tank cars, may not have a start-
to-discharge pressure setting lower than 5.17 Bar (75 psig) or higher 
than 33 percent of the minimum tank burst pressure, a range that 
included the 25 percent of tank test pressure relief device rating 
required in paragraph 2.a of DOT-SP 11184. As a result, DOT-SP 11184 
was no longer needed and PHMSA let it expire. When it was active, 21 
parties used this special permit.
    PHMSA and FRA are discussing DOT-SP 11184 in this NPRM to clarify 
that the rulemaking action issued under Docket No. HM-216 eliminated 
the need for this special permit, and to emphasize that this revision 
improved safety in two ways. First, it lowered the start-to-discharge 
pressure for the PRV, which allowed the car to vent at lower pressures 
when in an overheated condition--such as a pool fire. Commodities 
listed in this special permit when exposed to extreme heat and pressure 
will undergo rapid polymerization that could result in an energetic and 
catastrophic failure of the tank car. Second, the DOT Specification 
105J300W tank car's thicker shell and head will result in the tank car 
having a significantly greater survivability than its GP tank car 
counterparts. PHMSA and FRA have determined these revisions to the HMR 
are performing satisfactorily; therefore, we are expiring this special 
permit. PHMSA and FRA are not aware of any incidents that have occurred 
as a result of the issuance of Special Permit DOT-SP 11184.

F. Transportation in Commerce of Certain Tank Cars With Identification 
Plates in Lieu of Stamping the Tank Car Heads

    Special Permit DOT-SP 12905 permits certain DOT and AAR 
specification tank cars with stainless steel identification plates to 
have their specification and other required information stamped on the 
identification plate instead of the tank car heads if certain 
requirements are met. The AAR requires all cars built after December 
31, 2003, to be equipped with identification plates as specified in 
Appendix C, paragraph 4.0. Additionally, for several years 
manufacturers have built portable tanks and cargo tanks with a data 
plate containing all pertinent information related to the construction 
of the tank. Incorporating Special Permit DOT-SP 12905 into the HMR 
will bring the railcar data identification in line with the AAR 
standards and the portable tank and cargo tank industries. Also, FRA 
acknowledges that stamping this information into the tank car wall may 
introduce a defect into its steel. Although minimal, stamping results 
in a stress concentration in the area of the stamp. Use of a data plate 
would eliminate this defect. Currently, 22 parties use this special 
permit.
    PHMSA and FRA are not aware of any incidents that have occurred as 
a result of the issuance of Special Permit DOT-SP 12905. PHMSA and FRA 
believe that incorporating this special permit into the HMR will 
provide an equivalent level of safety for the qualification of both 
specification and non-specification rail tank cars. AAR tank cars are 
required to have an identification plate after December 31, 2011. 
Therefore, PHMSA and FRA are proposing to amend the HMR to require tank 
cars to

[[Page 51331]]

have a stamped identification plate one year after the publication date 
of the final rule issued as a result of this proposed rulemaking. We 
propose to adopt this requirement into new section Sec.  179.24 and 
existing sections Sec. Sec.  179.100-20, 179.200-24, 179.201-10, and 
179.220-25 of the HMR.

G. Measuring Liquefied Gases Loaded into a Tank Car With Metering 
Devices as an Alternative to Measuring These Cars by Weight

    Special Permit DOT-SP 9388 authorizes the transportation in 
commerce of DOT specification tank cars that have ``UN 1005, Ammonia, 
anhydrous, 2.2 (non-flammable gas)'' liquefied gas measured by a 
metering device when loaded into the tank. Although anhydrous ammonia 
is defined as meeting both a Division 2.3 (poisonous gas) and Class 8 
(corrosive) hazard class under the United Nations Recommendations on 
the Transport of Dangerous Goods, International Civil Aviation 
Organization Technical Instructions on the Transport of Dangerous Goods 
by Air, and International Maritime Dangerous Goods Code, the HMR 
permits anhydrous ammonia to be defined as meeting the Division 2.2 
hazard class in domestic transportation only. For increased safety, 
DOT-SP 9388 requires that each of these tank cars must be loaded and 
unloaded using procedures that specify at a minimum: Employee safety 
equipment; proper signage; set brakes and installed wheel blocks; an 
examination of the tank and/or jacket, its undercarriage assembly, 
hoses, connections, valves, and accessories inside the loading dome for 
damage; recording of defects; certification of inspection and 
completion of loading and/or unloading procedures, as well as other 
recordkeeping requirements. PHMSA and FRA propose to incorporate these 
requirements in new Sec.  173.314(e)(2)(i). Also, DOT-SP 9388 requires 
that one out of every 10 tanks cars must have the metered gauge 
verified with the tank car gauge in accordance with certain procedures 
to determine the current capacity of the car. PHMSA and FRA propose to 
incorporate these procedures in new Sec.  173.314(e)(2)(ii). Although 
Special Permit DOT-SP 9388 is currently expired, 28 parties previously 
used it. Since the original issuance of DOT-SP 9388, flow meter 
technology is much more accurate and reliable.
    PHMSA and FRA are not aware of any incidents that have occurred as 
a result of the issuance of this special permit. PHMSA and FRA believe 
that incorporating this special permit into the HMR will provide an 
equivalent level of safety for the qualification of both specification 
and non-specification rail tank cars. Therefore, we propose to adopt 
this requirement, with the additions noted above, into Sec.  173.314(e) 
of the HMR.

H. Approval for Gross Weight on Rail Tank Cars

    Special Permits DOT-SP 11241, 11654, 11803, 12423, 12561, 12613, 
12768, 12858, 12903, 13856, 13936, 14004, 14038, 14442, 14505, 14520, 
14570, and 14619, allowed rail tank cars with a gross weight on rail 
that exceeded 263,000 pounds but not exceeding 286,000 pounds to be 
used to transport certain hazardous materials provided the tank car is 
approved by the FRA's Associate Administrator for Railroad Safety. 
PHMSA adopted these special permits, along with several others, in a 
final rule issued under Docket No. PHMSA-2009-0289 (HM-233A; 75 FR 
27205, 5/14/2010) because they were widely used and had established 
safety records. However, the final rule erroneously omitted from Sec.  
179.13(b) a provision to require FRA approval for those gross-weight-
on-rail tank cars authorized to contain materials that are poisonous-
by-inhalation. PHMSA is proposing to correct this omission in this 
rulemaking by revising Sec.  179.13(b) to add the FRA approval 
statement.

I. Reference to the Association of American Railroads AAR 600 Program

    The AAR Tank Car Committee and the AAR Hazardous Materials 
Committee have recommended the discontinuance of the AAR 600 program as 
incorporated in Sec.  174.63(c)(2). Currently, this program requires 
that a bulk packaging, including a portable tank, transported in COFC 
or TOFC service must conform to the conditions specified in Sec.  
174.63 of the HMR. These regulations require approval by FRA's 
Associate Administrator for Railroad Safety, unless, among other 
things, the tank conforms to requirements in AAR 600 of the AAR 
Specifications for Tank Cars, ``Specifications for Acceptability of 
Tank Containers.'' In accordance with AAR 600, approval and 
registration of compliant portable tanks is required based on a 
determination that the tank meets all applicable standards and payment 
of a registration fee.
    Since incorporation of the AAR 600 standard into the HMR, PHMSA has 
adopted standards for portable tanks that meet or exceed the AAR 600 
requirements. The AAR committees believe that the current HMR portable 
tank regulations have now exceeded the AAR 600 requirements and that 
all of the specifications for original construction listed in the AAR 
600 Standard were not allowed to be built after January 1, 2003, except 
for the DOT Specification 60 and other United Nations (UN) portable 
tanks that are authorized in the HMR. As stated earlier in this 
rulemaking, PHMSA agreed with the AAR proposal in a letter dated May 
20, 2009 and stated we would propose a revision to Sec.  174.63(c). As 
also discussed earlier in this preamble, PHMSA received a petition (P-
1567) dated July 9, 2010, from Gold Tank Inspection Services, Inc., 
requesting the removal of the reference to the AAR 600 program in Sec.  
174.63 because the HMR now includes standards for portable tanks that 
meet or exceed AAR 600 requirements. Accordingly, in this NPRM, PHMSA 
is proposing to require that portable tanks transported in COFC or TOFC 
service must conform to all HMR requirements applicable to portable 
tanks. Consistent with this proposed revision, PHMSA is proposing to 
remove the reference in Sec.  171.7(a)(3) to Sec.  173.63 under the 
listing ``AAR Manual of Standards and Recommended Practices, Section C-
Part III, Specifications for Tank Cars, Specification M-1002, (AAR 
Specifications for Tank Cars), December 2000.''

III. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This NPRM is published under the authority of 49 U.S.C. 5103(b) 
which authorizes the Secretary to prescribe regulations for the safe 
transportation, including security, of hazardous material in 
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a) 
authorizes the Secretary of Transportation to issue a special permit 
from a regulation prescribed in sections 5103(b), 5104, 5110, or 5112 
of the Federal Hazardous Materials Transportation Law to a person 
transporting, or causing to be transported, hazardous material in a way 
that achieves a safety level at least equal to the safety level 
required under the law, or consistent with the public interest, if a 
required safety level does not exist. If adopted as proposed, the final 
rule would amend the regulations incorporating provisions from certain 
widely used and longstanding special permits that have established a 
history of safety and which may, therefore, be converted into the 
regulations for general use.

[[Page 51332]]

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) and was not reviewed by the Office of 
Management and Budget (OMB). The proposed rule is not considered a 
significant rule under the Regulatory Policies and Procedures order 
issued by the Department of Transportation [44 FR 11034].
    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') require agencies 
to regulate in the ``most cost-effective manner,'' to make a ``reasoned 
determination that the benefits of the intended regulation justify its 
costs,'' and to develop regulations that ``impose the least burden on 
society.'' In this notice, PHMSA proposes to amend the HMR by 
incorporating alternatives this agency has permitted under widely used 
and longstanding special permits with established safety records that 
we have determined meet the safety criteria for inclusion in the HMR. 
Incorporation of these special permits into regulations of general 
applicability will provide shippers and carriers with additional 
flexibility to comply with established safety requirements, thereby 
reducing transportation costs and increasing productivity. In addition, 
the proposals in this NPRM will reduce the paperwork burden on industry 
and this agency caused by continued renewals of special permits. The 
provisions of this proposed rule will promote the continued safe 
transportation of hazardous materials while reducing transportation 
costs for the industry and administrative costs for the agency. 
Therefore, the requirements of Executive Orders 12866 and 13563, and 
the DOT policies and procedures concerning these orders have been 
satisfied.

C. Executive Order 13132

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
proposed rule would preempt state, local and Indian 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 governments. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply. Federal hazardous 
material transportation law, 49 U.S.C. 5101, et seq., contains an 
express preemption provision (49 U.S.C. 5125(b)) preempting state, 
local and Indian Tribe requirements on certain covered subjects. 
Covered subjects are:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (5) The designing, manufacturing, fabricating, marking, 
maintaining, reconditioning, repairing, or testing of a package, 
container or packaging component that is represented, marked, 
certified, or sold as qualified for use in transporting hazardous 
material in commerce.
    This proposed rule addresses covered subject items (2), (3), and 
(5) and would preempt any State, local, or Indian Tribe requirements 
not meeting the ``substantively the same'' standard. Federal hazardous 
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if 
PHMSA issues a regulation concerning any of the covered subjects, PHMSA 
must determine and publish in the Federal Register the effective date 
of Federal preemption. The effective date may not be earlier than the 
90th day following the date of issuance of the final rule and not later 
than two years after the date of issuance. PHMSA proposes the effective 
date of Federal preemption be 90 days from publication of a final rule 
in this matter in the Federal Register.

D. Executive Order 13175

    This proposed rule was analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this proposed 
rule does not have Tribal implications and does not impose substantial 
direct compliance costs on Indian Tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each 
agency to analyze regulations and assess their impact on small 
businesses and other small entities to determine whether the rule is 
expected to have a significant impact on a substantial number of small 
entities. The NPRM proposes to amend the HMR to incorporate provisions 
contained in seven widely used or longstanding railroad special permits 
that have an established safety record. Although many of the applicants 
may be small businesses or other small entities, PHMSA believes that 
the revisions in this proposed rule are intended to provide wider 
access to the regulatory flexibility offered in special permits and 
eliminate the need for numerous renewal requests, thus reducing 
paperwork burdens and facilitating commerce while maintaining an 
appropriate level of safety. Therefore, PHMSA certifies that the 
provisions of this NPRM would not have a significant economic impact on 
a substantial number of small entities.
    This proposed rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') 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.

F. Paperwork Reduction Act

    PHMSA has approved information collections under OMB Control Number 
2137-0051, ``Rulemaking, Special Permits, and Preemption 
Requirements,'' OMB Control Number 2137-0557, ``Approvals for Hazardous 
Materials,'' and OMB Control Number 2137-0559, ``(Rail Carriers and 
Tank Car Requirements) Requirements for Rail Tank Cars--Transportation 
of Hazardous Materials by Rail. This NPRM may result in a decrease in 
the annual burden and costs under OMB Control Number 2137-0051 and an 
increase in the annual burden and costs under OMB Control Number 2137-
0557 and OMB Control Number 2137-0559 due to proposed changes to 
incorporate provisions contained in certain widely used or longstanding 
special permits that have an established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to 
respond to an information collection unless it has been approved by OMB 
and displays a valid OMB control number. Section 1320.8(d), title 5, 
Code of Federal Regulations requires that PHMSA provide interested 
members of the public and affected agencies an opportunity to comment 
on information and recordkeeping requests.
    This notice identifies a revised information collection request 
that PHMSA will submit to OMB for approval based on the requirements in

[[Page 51333]]

this proposed rule. PHMSA has developed burden estimates to reflect 
changes in this proposed rule. PHMSA estimates that the information 
collection and recordkeeping burden as proposed in this rule is as 
follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
OMB Control No. 2137-0051:
  Decrease in Annual Number of Respondents.....................      255
  Decrease in Annual Responses:................................      255
  Decrease in Annual Burden Hours..............................      255
  Decrease in Annual Burden Costs..............................   $9,500
------------------------------------------------------------------------


------------------------------------------------------------------------
 
------------------------------------------------------------------------
OMB Control No. 2137-0557:
  Increase in Annual Number of Respondents.....................      200
  Increase in Annual Responses:................................      200
  Increase in Annual Burden Hours..............................       50
  Increase in Annual Burden Costs..............................   $1,100
------------------------------------------------------------------------


------------------------------------------------------------------------
 
------------------------------------------------------------------------
OMB Control No. 2137-0559:
  Increase in Annual Number of Respondents.................          350
  Increase in Annual Responses.............................          350
  Increase in Annual Burden Hours..........................          350
  Increase in Annual Burden Costs..........................      $10,500
------------------------------------------------------------------------

    PHMSA specifically requests comments on these information 
collections and recordkeeping burdens associated with developing, 
implementing, and maintaining these requirements for approval under 
this proposed rule.
    Requests for a copy of this information collection should be 
directed to Deborah Boothe or Steven Andrews, Standards and Rulemaking 
Division, (PHH-10), Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001, 
Telephone (202) 366-8553.
    Address written comments to the Dockets Unit as identified in the 
ADDRESSES section of this rulemaking. We must receive comments 
regarding information collection burdens prior to the close of the 
comment period identified in the DATES section of this rulemaking. In 
addition, you may submit comments specifically related to the 
information collection burden to the PHMSA Desk Officer, Office of 
Management and Budget, at fax number 202-395-6974.

G. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document may be used to cross-reference this action with the 
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more to either state, local or Tribal governments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321-4347), and implementing regulations by the Council on 
Environmental Quality (40 CFR part 1500) require Federal agencies to 
consider the consequences of Federal actions and prepare a detailed 
statement on actions that significantly affect the quality of the human 
environment.
    The hazardous materials regulatory system is a risk management 
system that is prevention oriented and focused on identifying a hazard 
and reducing the probability and quantity of a hazardous materials 
release. This rulemaking is concerned with the transportation of 
hazardous materials by rail, but is prepared with the understanding 
that these materials are often transported by aircraft, vessel, and 
highway before or after they are transported by rail. The need for 
hazardous materials to support essential services means transportation 
of highly hazardous materials is unavoidable. However, these shipments 
frequently move through densely populated or environmentally sensitive 
areas where the consequences of an incident could be loss of life, 
serious injury, or significant environmental damage. The ecosystems 
that also could be affected by a hazardous materials release during 
transportation include atmospheric, aquatic, terrestrial, and vegetal 
resources (for example, wildlife habitats). The adverse environmental 
impacts associated with releases of most hazardous materials are short-
term impacts that can be greatly reduced or eliminated through prompt 
clean-up of the incident scene. In this NPRM, we are requesting 
comments on the potential environmental impacts of the proposals.
    In all modes of transport, the potential for environmental damage 
or contamination exists when packages of hazardous materials are 
involved in transportation incidents. Most of the special permits 
considered in this rulemaking involve bulk packages of hazardous 
materials in DOT specification and non-specification tank cars. While 
the volume of hazardous material present in these packagings has the 
potential to be released into the environment during a transportation 
incident, these packagings are constructed to withstand greater forces 
during impact and are also equipped with safety relief devices and 
valves specifically designed to maintain the containment ability of the 
tank car.
    The purpose and need of this rulemaking is to incorporate widely 
used special permits or those with an established safety record into 
the HMR for universal use. More information about benefits of the 
proposed action can be found in the preamble (i.e., ``Overview of 
Proposed Amendments) to this rulemaking. The alternatives considered in 
the analysis include (1) the proposed action, that is, incorporation of 
the proposed special permits as amendments to the HMR; (2) 
incorporation of some subset of the proposed special permits (i.e., 
only some of the proposed special permits) as amendments to the HMR; 
and (3) the ``no action'' alternative, meaning that none of the 
proposed special permits would be incorporated into the HMR. PHMSA 
believes that the each of these alternatives would result in equal 
environmental risk and/or impact because special permits are intended 
to offer equivalent safety and environmental protection as the HMR.
    In considering the potential environmental impacts of the proposed 
action, PHMSA does not anticipate that the incorporation of the listed 
special permits will result in any significant impact on the human 
environment because the process through which special permits are 
issued requires the applicant to demonstrate that the alternative 
transportation method or packaging proposed provides an equivalent 
level of safety as that provided in the HMR. However, PHMSA welcomes 
and will consider and address comments about foreseeable environmental 
impacts or risk associated with the incorporation of any proposed 
special permit. The agencies and persons consulted in the development 
of this regulatory proposal include the International Vessel Operators 
Hazardous Materials Association, Inc.; Gold Tank Inspection Services, 
Inc.; Surface Deployment and Distribution Command (SDDC); Conrail; 
Agrium N.A.Wholesale Transportation Compliance; Koch Nitrogen Company; 
Columbiana Boiler Company; and subject matter expert staff in FRA and 
PHMSA.

[[Page 51334]]

    Given that this rulemaking proposes to amend the HMR to incorporate 
provisions contained in certain widely used or longstanding railroad 
special permits that have an established safety record, these proposed 
change in regulation would increase safety and environmental 
protections. There are no significant environmental impacts associated 
with this proposed rule.

 J. Privacy Act

    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, 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, Packaging and containers, 
Radioactive materials, Reporting and recordkeeping requirements, 
Uranium.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Rail 
carriers, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle 
safety, Packaging and containers, Railroad safety, Reporting and 
recordkeeping requirements.

    In consideration of the foregoing, we propose to amend 49 CFR 
Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53; 
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134 
section 31001.


Sec.  171.7  [Amended]

    2. In the ``Table of material incorporated by reference,'' at Sec.  
171.7(a)(3), for the entry ``AAR Manual of Standards and Recommended 
Practices, Section C-Part III, Specifications for Tank Cars, 
Specification M-1002, (AAR Specifications for Tank Cars), December 
2000, the reference to Sec.  174.63 is removed.
    3. In Sec.  171.8, the definition ``Train consist'' is added in 
alphabetical order to read as follows:


Sec.  171.8  Definitions and abbreviations.

* * * * *
    Train consist means a written record of the contents and location 
of each rail car in a train.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING 
REQUIREMENTS, AND SECURITY PLANS

    4. The authority citation for part 172 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.

    5. In Sec.  172.201, revise paragraph (a)(2) and add paragraph 
(a)(5) to read as follows:


Sec.  172.201  Preparation and retention of shipping papers.

    (a) * * *
    (2) The required shipping description on a shipping paper and all 
copies of the shipping paper used for transportation purposes must be 
legible and printed (manually or mechanically) in English.
* * * * *
    (5) Electronic shipping papers. For transportation by rail, a rail 
carrier may accept shipping paper information either telephonically 
(i.e., voice communications and facsimiles) or electronically (EDI) 
from an offeror of a hazardous materials shipment in accordance with 
the provisions in paragraphs (a)(5)(i) through (v) of this section. For 
the purposes of this section electronic data interchange (EDI) means 
the computer-to-computer exchange of business data in standard formats. 
In EDI, information is organized according to a specific format 
(electronic transmission protocol) agreed upon by the sender and 
receiver of this information, and transmitted through a computer 
transaction that requires no human intervention or retyping at either 
end of the transmission.
    (i) When the information applicable to the consignment is provided 
under this requirement the information must be available to the shipper 
and carrier at all times during transport, and the carrier must have 
and maintain a printed copy of this information until delivery of the 
hazardous materials on the shipping paper is complete. When a paper 
document is produced, the data must be presented as required by this 
subpart.
    (ii) The offeror must forward the shipping paper (record) for a 
loaded movement to the carrier prior to shipment unless the carrier 
prepares the shipping paper on behalf of the offeror. The offeror is 
only relieved of the duty to forward the shipping paper once the 
offeror has received a copy of the shipping paper from the carrier;
    (iii) A carrier that generates a residue shipping paper using 
information from the previous loaded movement of a hazardous materials 
packaging must ensure the description of the hazardous material that 
accompanies the shipment complies with the offeror's request;
    (iv) Verification. The carrier and the offeror must have a 
procedure by which the offeror can verify accuracy of the transmitted 
hazard communication information that will accompany the shipment; and
    (v) Retention. The shipping document that is generated must be 
retained in conformance with Sec.  172.201(e).
* * * * *
    6. In Sec.  172.202, paragraph (b) is amended by adding a third 
sentence to read as follows:


Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (b) * * * Shipping descriptions for hazardous materials offered or 
intended for transportation by rail that contain all the information 
required in this subpart and that are formatted and ordered in 
accordance with recognized electronic data interchange standards and, 
to the extent possible, in the order and manner required by this 
subpart are deemed to comply with this paragraph.
* * * * *
    7. In Sec.  172.204 paragraph (a) introductory text, a sentence is 
added to the end and paragraphs (a)(3) and (d)(3) are added to read as 
follows:

[[Page 51335]]

Sec.  172.204  Shipper's certification.

    (a) * * * For transportation by rail only, the certification may be 
received verbally or with abbreviated written language in conformance 
with paragraphs (a)(3)(i) and (ii) of this section.
* * * * *
    (3) Rail only certifications. For transportation by rail, the 
shipping paper certification may also be accomplished by one of the 
following methods:
    (i) Verbal certification. When received telephonically, by the 
carrier reading the complete shipping description that will accompany 
the shipment to the offeror and receiving verbal acknowledgment that 
the description is as required. This verbal acknowledgement must be 
recorded, either on the shipping document or in a separate record, 
e.g., the train consist, in accordance with Sec.  174.24, and must 
include the date and name of the person who provided this information; 
or
    (ii) Written abbreviated certification. When transmitted 
electronically, by including the following abbreviated certification, 
in lieu of the full certification: ``* * *, on behalf of shipper [or 
``offeror''] avers [or ``declares''] certification specified in Sec.  
172.204(a).'' The name of the principal partner, officer, or employee 
of the offeror or his agent must be substituted for the asterisks;
* * * * *
    (d) * * *
    (3) For transportation by rail, when transmitted by telephone or 
electronically, the signature may be in one of the following forms: the 
name of the principal person, partner, officer, or employee of the 
offeror or his agent in a computer field defined for that purpose.
    8. In Sec.  172.604, paragraphs (a) introductory text and 
(a)(3)(ii) are revised to read as follows:


Sec.  172.604  Emergency Response Telephone Number.

    (a) A person who offers a hazardous material for transportation 
must provide an emergency response telephone number, including the area 
code, for use in an emergency involving the hazardous material. For 
telephone numbers outside the United States, the international access 
code or the ``+'' (plus) sign, country code, and city code, as 
appropriate, that are needed to complete the call must be included. The 
telephone number must be--
* * * * *
    (3) * * *
    (ii) Entered once on the shipping paper in the manner prescribed in 
paragraph (b) of this section in a prominent, readily identifiable, and 
clearly visible manner that allows the information to be easily and 
quickly found, such as by highlighting, use of a larger font or a font 
that is a different color from other text and information, or otherwise 
setting the information apart to provide for quick and easy 
recognition. This provision may be used only if the telephone number 
applies to each hazardous material entered on the shipping paper, and 
if it is indicated that the telephone number is for emergency response 
information (for example: ``EMERGENCY CONTACT: * * *'').
* * * * *

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

    9. The authority citation for part 173 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

    10. In Sec.  173.314, paragraph (e) is redesignated as (e)(1) and 
its first sentence is revised, paragraph (k) is redesignated as (k)(1), 
and paragraphs (e)(2) and (k)(2) are added to read as follows:


Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (e) Verification of content. (1) The amount of liquefied gas loaded 
into each tank may be determined either by measurement or calculation 
of the weight, except that DOT specification tank car tanks authorized 
for the transportation of ammonia solution and anhydrous ammonia may 
have the amount of liquefied gas loaded into the tank car measured by a 
metering device in conformance with paragraph (e)(2) of this section. * 
* *
    (2) Metering device. (i) Loading procedures. Tank cars loaded with 
a metering device in conformance with this section are not required to 
be weighed, but must have their outage measured with a magnetic gauging 
device to determine that the tank car is properly loaded in compliance 
with this subchapter. Each tank car using a metering device must be 
loaded using the following procedures. A copy of these procedures must 
be available at each location where such loading takes place. 
Certification in writing of the inspection and completion of these 
loading and/or unloading procedures must be maintained for each tank 
car loaded with a metering device and maintained in accordance with the 
recordkeeping requirements in paragraph (e)(2)(iii) of this section, 
and all necessary records must be completed. At a minimum, these 
procedures will specify:
    (A) The minimum safety equipment that must be worn by each employee 
performing a loading and unloading task under this paragraph (e)(2). 
The equipment must be designed to protect employees from the dangers 
associated with exposure to and contact with the hazardous material and 
must also comply with the laws of the Department of Labor's 
Occupational Safety and Health Administration, and the state and local 
laws of the jurisdiction where the task is being performed.
    (B) That prior to loading a rail tank car all truck brakes must be 
set and chock blocks installed on one set of truck's wheels, and the 
rail tank car must be properly spotted and signed, and the tank 
visually inspected for any sign of damage in the--
    (1) Hoses, connections, and valves;
    (2) Truck and rail car under carriage assemblies;
    (3) Tank and/or jacket; and
    (4) Accessories inside of loading dome.
    (C) Any defects found must be recorded, and the tank must not be 
loaded until the repairs to eliminate each defect are completed.
    (D) The tank car must be allowed to sit undisturbed for at least 10 
minutes after loading to allow material within the tank to settle. 
After this has occurred a final check for leaks must be conducted prior 
to closing the dome cover and properly inserting the dome pin.
    (ii) Verification. One out of every 10 tank cars loaded by the use 
of the metering device must be gauged utilizing the fixed gauging 
equipment on the tank car to verify by calculation the amount of 
ammonia solution or anhydrous ammonia contained in the tank car.
    (iii) Recordkeeping. The following information must be maintained 
and be made available to any representative of the DOT upon request for 
each tank car loaded with the use of a metering device:
    (A) Date loaded,
    (B) Date shipped,
    (C) Tank car reporting marks,
    (D) DOT Specification,
    (E) Tank car stenciled shell capacity (gallons),
    (F) Tank car stenciled tare weight (pounds),
    (G) Outage or innage table number,
    (H) Water capacity of tank car (pounds),
    (I) Maximum permitted filling density (see Sec.  173.314, Table 
note 1),

[[Page 51336]]

    (J) Specific gravity of NH<INF>3</INF> (@105 [deg]F = 0.5796 and 
@115 [deg]F = 0.5706),
    (K) Tank car outage (inches/gallons),
    (L) Gallons of liquid ammonia in tank car,
    (M) Quantity of vapor ammonia in tank car, and
    (N) Total calculated ammonia (liquid & vapor) in tank car (pounds).
* * * * *
    (k) * * *
    (2) DOT105J500W tank cars may be used as authorized packagings, as 
prescribed in this subchapter for transporting ``Chlorine, 2.3 (8), UN 
1017, Poison Inhalation Hazard, Zone B, RQ,'' if the tank cars meet all 
DOT specification requirements and the tank cars are equipped with 
combination safety relief valves with a start-to-discharge pressure of 
360 psi, rather than the 356 psi. The start-to-discharge pressure 
setting must be marked on the pressure relief device in conformance 
with the AAR Specification for Tank Cars (IBR, see Sec.  171.7 of this 
subchapter).
* * * * *

PART 174--CARRIAGE BY RAIL

    11. The authority citation for part 174 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.


Sec.  174.63  [Amended]

    12. In Sec.  174.63(c)(2) is removed and reserved.

PART 179--SPECIFICATIONS FOR TANK CARS

    13. The authority citation for part 179 is revised to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    14. In Sec.  179.13, paragraph (b) is revised to read as follows:


Sec.  179.13  Tank car capacity and gross weight limitation.

* * * * *
    (b) Tank cars containing poisonous-by-inhalation material meeting 
the applicable authorized tank car specifications listed in Sec.  
173.244(a)(2) or (3), or Sec.  173.314(c) or (d) may have a gross 
weight on rail of up to 286,000 pounds upon approval by the Associate 
Administrator for Railroad Safety, FRA. Tank cars exceeding 263,000 
pounds and up to 286,000 pounds gross weight on rail must meet the 
requirements of AAR Standard S-286, Free/Unrestricted Interchange for 
286,000 lb Gross Rail Load Cars (IBR, see Sec.  171.7 of this 
subchapter). Any increase in weight above 263,000 pounds may not be 
used to increase the quantity of the contents of the tank car.
    15. In Subpart B, add Sec.  179.24 to read as follows:


Sec.  179.24  Stamping.

    (a)(1) After December 31, 2011, to certify compliance with Federal 
requirements, the tank manufacturer must install two identical 
permanent identification plates, one located on both inboard surfaces 
of the ``A'' (i.e., opposite) end of the tank car. One identification 
plate must be installed on the right side (AR) of the tank car, and the 
other must be installed on the back end left side (BL) body bolster 
webs so that each plate is readily accessible for inspection. The 
plates must be at least 3/32-inch thick and manufactured from corrosion 
resistant metal. When the tank jacket (flashing) covers the body 
bolster web and identification plates, additional identical plates must 
be installed on the AR and BL corners of the tank in a visible 
location. Tank cars built before December 31, 2011, may have the plate 
instead of or in addition to the stamping.
    (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, and the AAR form 
reference is to the AAR Specifications for Tank Cars, December 2000 
edition (IBR, see Sec.  171.7 of this subchapter)):
    (i) Tank Manufacturer (Tank MFG): Full name of the car builder as 
shown on the certificate of construction (AAR form 4-2).
    (ii) Tank Manufacturer's Serial Number (SERIAL NO): For the 
specific car.
    (iii) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 
4-2.
    (iv) Tank Specification (SPECIFICATION): The specification to which 
the tank was built from line 7 of AAR form 4-2.
    (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 from lines 15 and 16 of AAR Form 4-2. 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): The design from 
Line 32 of AAR Form 4-2.
    (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, then show both dates.
    (3) When a modification to the tank changes any of the information 
shown in paragraph (a)(2) of this section, the car owner or the tank 
car facility making the modification must install an additional 
variable identification plate on the tank in accordance with paragraph 
(a)(1) of this section showing the following information:
    (i) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 4-2 
for the alteration or conversion.
    (ii) All items of paragraph (a)(2) of this section that were 
modified, followed by the month and year of modification.
    (b) [Reserved]
    16. In Sec.  179.100-20, paragraph (b) is added to read as follows:


Sec.  179.100-20  Stamping.

* * * * *
    (b) Authorized DOT tank cars with stainless steel identification 
plates must have their DOT Specification and other required information 
stamped plainly and permanently on their identification plate in 
conformance with the applicable requirements prescribed in Sec.  
179.24(a).
    17. In Sec.  179.200-24, paragraph (c) is added to read as follows:


Sec.  179.200-24  Stamping.

* * * * *
    (c) Authorized DOT non-pressure tank car tanks with stainless steel 
identification plates may have their DOT Specification and other 
required information stamped plainly and permanently on their 
identification plate instead of into the metal of the tank in 
conformance with the applicable requirements prescribed in Sec.  
179.24(a).
    18. In Sec.  179.201-10, paragraph (b) is added to read as follows:


Sec.  179.201-10  Water capacity marking.

* * * * *
    (b) After December 31, 2011, authorized DOT non-pressure tank cars 
that comply with this section and are equipped with stainless steel 
identification plates may have the water capacity of the tank in pounds 
prescribed in the first sentence of paragraph (a) of this section 
stamped plainly and permanently on their identification plate instead 
of into the

[[Page 51337]]

metal of the tank, or immediately below the stamped marks specified in 
Sec.  179.200-24(a) in conformance with the applicable marking 
requirements prescribed in Sec.  179.24(a).
    19. In Sec.  179.220-25, the existing text is redesignated as 
paragraph (a) and paragraph (b) is added to read as follows:


Sec.  179.220-25  Stamping.

* * * * *
    (b) Authorized Class DOT-115 non-pressure tank car tanks with 
stainless steel identification plates may have their DOT Specification 
and other required information stamped plainly and permanently on their 
identification plate instead of into the metal of the tank in 
conformance with the applicable requirements prescribed in Sec.  
179.24(a).
    20. In Sec.  179.300-13, paragraph (b) is revised to read as 
follows:


Sec.  179.300-13  Venting, loading and unloading valves.

* * * * *
    (b) Threads for openings must be National Gas Taper Threads (NGT) 
tapped to gauge, clean cut, even and without checks. Threads for the 
clean-out/inspection ports of DOT Specification 110A multi-unit tank 
car tanks may be straight threads instead of taper threads. The 
straight threads must meet the requirements of Sec.  178.61(h)(3)(i) 
and (iii). Taper threads must comply with Sec.  178.61(h)(3)(i) and 
(ii). Hex plugs may be secured to threaded boss ports using stainless 
steel safety wire of adequate strength and design for its intended use.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

    21. The authority citation for part 180 continues to read as 
follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.53.

    22. Revise Sec.  180.501 to read as follows:


Sec.  180.501  Applicability.

    (a) This subpart prescribes requirements, in addition to those 
contained in parts 107, 171, 172, 173, 174, and 179 of this subchapter, 
applicable to any person who manufactures, fabricates, marks, 
maintains, repairs, inspects, or services tank cars to ensure 
continuing qualification.
    (b) This subpart also establishes the minimum acceptable framework 
for an owner's qualification 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 program 
for each tank car, or a fleet of tank cars, must identify where to 
inspect, how to inspect, and the acceptance criteria. Tank car 
facilities must incorporate the owner's qualification program in their 
quality assurance program, as required under Sec.  179.7(a)(2), (b)(3), 
and (b)(5).
    (c) Any person who performs a function prescribed in this part must 
perform that function in accordance with this part.
    (d) Where, in this subpart, a person is required to make documents 
available to FRA upon request, such request means that credentialed FRA 
personnel or an authorized representative of the Department may view 
the documents and make copies of them. The document owner's may seek 
confidential treatment of the documents presented. See Sec.  105.30.
    23. Revise Sec.  180.503 to read as follows:


Sec.  180.503  Definitions.

    The following definitions and those contained in Sec. Sec.  171.8 
and 179.2 of this subchapter apply:
    Corrosive to the tank or service equipment means a material 
identified in Appendix D of this part or a material when in contact 
with the inner shell of the tank or service equipment may have a severe 
corrosion rate on steel or aluminum based on criteria in Sec.  
173.137(c)(2).
    Defects mean abrasions; corrosion; cracks; dents; flaws in welds; 
distortions; erosion; missing, damaged, leaking or loose components and 
fasteners; and other conditions or imperfections that may make a tank 
car unsafe for transportation and/or require it to be removed from 
service.
    Design level of reliability and safety means the level of 
reliability and safety built into the tank car and therefore inherent 
in its specification, design, and manufacture.
    Interior heater system means a piping system located within the 
tank shell that uses a fluid medium to heat the lading for the purposes 
of unloading.
    Lining/Coating owner means the person responsible for bearing the 
costs of maintaining the lining/coating.
    Maintenance means inspection, upkeep, or preservation, including 
ordinary repairs necessary and proper.
    Modification means any change to a tank car that affects the 
certificate of construction prescribed in Sec.  179.5, including an 
alteration prescribed in Sec.  179.6, or conversion.
    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 tank car or a class or design of 
tank cars may be in an unsafe operating condition.
    Qualification, as relevant to a tank car, means the car conforms to 
the specification to which it was built or modified, to the 
requirements of this subpart, to the requirements of the AAR Tank Car 
Manual (IBR, see Sec.  171.7 of this subchapter) and to the owner's 
acceptance criteria. Qualification is accomplished by careful and 
critical examination using inspections and tests based on a written 
program that verifies conformance, followed by a written representation 
of that conformance. A tank car that passes the appropriate tests for 
its specification, has a signed test report, is marked to denote this 
passage, and is considered qualified for hazardous materials 
transportation under this subchapter.

----------------------------------------------------------------------------------------------------------------
             Qualification of                       Tests and Inspections                Sec.   180.509(*)
----------------------------------------------------------------------------------------------------------------
Tank.....................................  Visual Inspection.....................  d
                                           Structural Integrity Inspection.......  e
                                           Thickness Test: Note 1................  f
                                           Safety System Inspection..............  h
                                           Leakage Pressure Test.................  j
Service Equipment........................  Service Equipment.....................  k
Lining/Coating...........................  Linings and Coatings..................  i
----------------------------------------------------------------------------------------------------------------
Note 1: Paragraph (f)(2) in Sec.   180.509 of this part may require thickness tests at an interval different
  from the other items for qualification of the tank.


[[Page 51338]]

    Railworthy, Railworthiness for a tank car, means that the tank, 
service equipment, safety systems, and all other components are capable 
of performing their intended function until their next qualification.
    Reactive to the tank or service equipment means a material that, in 
contact with the inner shell of the tank, or with the service 
equipment, may react to produce heat, gases, and/or pressure which 
could substantially reduce the effectiveness of the packaging or the 
safety of its use.
    Reinforced tank shell butt weld means the portion of a butt weld 
covered by a reinforcing plate.
    Reinforcing plate means an attachment welded directly to the tank 
supporting major structural components for the purpose of preventing 
damage to the tank through fatigue, overstressing, denting, puncturing, 
or tearing.
    Reliability means the quantified ability of an item or structure to 
operate without failure for the specified period of its design life or 
until its next qualification.
    Representation means attesting through documenting, in writing or 
by marking on the tank (or jacket), that a tank car is qualified and 
railworthy.
    Safety system means one or more of the following: thermal 
protection systems, insulation systems, tank head puncture resistance 
systems, coupler vertical restraint systems, and systems used to 
protect discontinuities (e.g., skid protection and protective housings) 
as required under the HMR.
    Service equipment means equipment used for loading and unloading 
(including an interior heating system), sampling, venting, vacuum 
relief, pressure relief, and measuring the amount of lading or the 
lading temperature.
    Service equipment owner means the party responsible for bearing the 
cost of the maintenance of the service equipment.
    Tank car owner means the person to whom a rail car's reporting 
marks are assigned, as listed in the Universal Machine Language 
Equipment Register (UMLER).
    24. In Sec.  180.507, the first sentence in paragraph (b)(2) is 
revised to read as follows:


Sec.  180.507  Qualification of tank cars.

* * * * *
    (b) * * *
    (2) For each tank car conforming to and used under a special permit 
(exemption) issued before October 1, 1984, which authorized the 
transportation of a cryogenic liquid in a tank car, the owner or 
operator must remove the exemption number stenciled on the tank car and 
mark the tank car with the appropriate Class DOT-113 specification 
followed by the applicable Special Permit (DOT SP) number. * * *
* * * * *
    25. Amend Sec.  180.509 as follows:
    a. Revise paragraphs (a), (b)(1), (2), and (4), (c) introductory 
text heading, and (c)(3);
    b. Add paragraphs (d)(1)(i) and (ii);
    c. Revise paragraphs (d)(2) through (6);
    d. Add paragraph (d)(7);
    e. Revise paragraphs (e) and (f);
    f. Redesignate paragraph (g)(1) as (g) and revise it;
    g. Revise paragraphs (h) through (l); and
    h. Add paragraph (m).
    The revisions and additions read as follows:


Sec.  180.509  Requirements for qualification of specification tank 
cars.

    (a) General. Each tank car owner must ensure that a tank car 
facility:
    (1) Inspects and tests each item according to the requirements 
specified in this section;
    (2) Evaluates each item according to the acceptable results of 
inspections and tests specified in Sec.  180.511;
    (3) Marks each tank car as specified in Sec.  180.515 for each item 
that successfully passes an inspection and test, and
    (4) Prepares the documentation as required by Sec.  180.517 for 
each item qualified under this section. A copy of the documentation 
required by Sec.  180.517 must be sent to the builder or owner as 
appropriate and according to the builder's or owner's instructions.
    (b) Conditions requiring inspection and test of tank cars. Without 
regard to the qualification compliance date requirements of any 
paragraph of this section, an owner of a tank car or a lining or 
coating must have an appropriate inspection and test according to the 
type of defect and the type of maintenance or repair performed if:
    (1) The tank car shows evidence of abrasion, corrosion, cracks, 
dents, distortions, defects in welds, or any other condition that may 
make the tank car unsafe for transportation,
    (2) The tank car was in an accident and shows evidence of damage to 
an extent that may adversely affect its capability to retain its 
contents or to otherwise remain railworthy.
* * * * *
    (4) The Associate Administrator for Railroad Safety, FRA, requires 
it based on the existence of an objectively reasonable and articulable 
belief that a tank car or a class or design of tank cars may be in an 
unsafe operating condition.
    (c) Frequency of qualification. * * *
    (3) Fusion welded tank cars must be inspected and tested to be 
qualified and maintained in accordance with the following table. All 
qualification requirements need not be done at the same time or at the 
same facility.
    Frequency of qualification inspection and tests.

----------------------------------------------------------------------------------------------------------------
        Section  180.509(*)                         Description                         Maximum interval
----------------------------------------------------------------------------------------------------------------
d..................................  Visual inspection.......................  10 years.
e..................................  Structural integrity inspection.........  10 years.
f..................................  Thickness test..........................  See Sec.   180.509(f).
h..................................  Safety Systems..........................  10 years.
i..................................  Lining or coating (for materials          See Sec.   180.509(i).
                                      corrosive or reactive to the tank) (See
                                      definitions at Sec.   180.503).
j..................................  Leakage pressure test...................  After reassembly.
k..................................  Service equipment (including pressure     See Sec.   180.509(k).
                                      relief device).
----------------------------------------------------------------------------------------------------------------

     (d) * * *
    (1) * * *
    (i) Except in areas where tank structure, insulation, head 
protection, thermal protection, internal linings or coatings preclude 
it, an internal and external inspection of the tank shell and heads for 
abrasion, corrosion, cracks, dents, distortions, flaws in welds, or any 
other condition that may make the tank car unsafe for transportation; 
and
    (ii) For DOT 115 class tank cars, an internal inspection of the 
inner container and external inspection of the outer shell and heads 
for defects in welds, or any other condition that may

[[Page 51339]]

make the tank car unsafe for transportation;
    (2) When a lining, coating, head protection, insulation, or thermal 
protection is removed in part or in whole, the exposed surface, i.e., 
internal and external, of the tank must be visually inspected for 
defects in welds, or any other condition that may make the tank car 
unsafe for transportation. This inspection must precede any application 
or reapplication of a lining or coating.
    (3) An inspection of the service equipment, including gaskets, for 
indications of corrosion and other conditions that may make the tank 
car unsafe for transportation;
    (4) An inspection for missing or loose bolts, nuts, or elements 
that may make the tank car unsafe for transportation;
    (5) An inspection of all closures on the tank car for conditions 
that may make the tank car unsafe for transportation, including an 
inspection of the protective housings for proper condition;
    (6) An inspection of excess flow valves with threaded seats for 
tightness; and
    (7) An inspection of the required markings on the tank car for 
legibility.
    (e) Structural integrity inspections and tests. (1) Each tank car 
owner must ensure the structural elements on the tank car qualify with 
the applicable requirements of this subchapter. At a minimum, the 
structural integrity inspection and test must include:
    (i) All transverse fillet welds greater than 0.64 cm (0.25 inch) 
within 121.92 cm (4 feet) of the bottom longitudinal centerline except 
body bolster pad attachment welds;
    (ii) The termination of longitudinal fillet welds greater than 0.64 
cm (0.25 inch) within 121.92 cm (4 feet) of the bottom longitudinal 
centerline; and
    (iii) The tank shell butt welds within 60.96 cm (2 feet) of the 
bottom longitudinal centerline, unless the tank car owner can determine 
by analysis (e.g., finite element analysis, damage-tolerance analysis, 
or service reliability assessment) that the structure will not develop 
defects that reduce the design level of safety and reliability or fail 
within its operational life or prior to the next required inspection. 
The owner must maintain all documentation used to make such 
determination at its principal place of business and make the data 
available to FRA or an authorized representative of the Department upon 
request.
    (2) For DOT 115 class tanks, paragraphs (e)(1)(i--iii) of this 
section apply only to the outer shell fillet welds and to the non-
reinforced exposed outer shell butt welds.
    (3) The inspection requirements of paragraph (e)(1)(iii) of this 
section do not apply to reinforced tank shell butt welds until the time 
of lining removal or application for tank cars with an internal lead, 
glass, or rubber lining.
    (4) Each tank car facility must inspect and test the elements 
identified in paragraph (e)(1) of this section by one or more of the 
following methods:
    (i) Dye penetrant testing (PT);
    (ii) Radiographic examination (RT);
    (iii) Magnetic particle testing (MT);
    (iv) Ultrasonic testing (UT); and
    (v) Direct, remote, or enhanced visual inspection, using, for 
example, magnifiers, fiberscopes, borescopes, and/or machine vision 
technology (VT).
    (f) Thickness tests. (1) The tank car owner must ensure that each 
tank car facility measures the thickness of the tank car shell, heads, 
sumps, domes, and nozzles on each tank car by using a device capable of 
accurately measuring the thickness to within <plus-minus>0.05 mm 
(<plus-minus>0.002 inch).
    (2) The tank car owner must ensure that each tank car has a 
thickness test measurement:
    (i) At the time of an internal lining or coating application or 
replacement, or
    (ii) At least once every ten (10) years for a tank that does not 
have an internal lining or coating, or
    (iii) At least once every five (5) years for a tank that does not 
have an internal lining or coating when:
    (A) The tank is used to transport a material that is corrosive or 
reactive to the tank (see Appendix D of this part) or service equipment 
as defined Sec.  180.503, and
    (B) The remaining shell and head thickness is at or below line C in 
Figure A of this paragraph.

Figure A

Tank and Shell Thickness Qualification Frequencies
[GRAPHIC] [TIFF OMITTED] TP18AU11.035


Where:

    A As-built tank shell or head thickness with additional 
thickness.
    B Required minimum tank shell or head thickness after forming 
per part 179.
    C Inspection frequency adjustment point (design minimum shell or 
head thickness, minus [frac12] of the table value in paragraph (g) 
of this section).
    D Condemning limit for general corrosion (required minimum shell 
or head thickness, minus the value in paragraph (g) of this 
section).
    E Condemning limit for localized corrosion (required minimum 
shell or head thickness, minus the table value in paragraph (g) of 
this section, minus 1.58 mm (\1/16\-inch)). See Note 1 in paragraph 
(g) of this section for diameter limitations and minimum separation 
distances.
    F Allowable shell or head thickness reduction (table value in 
paragraph (g) of this section).
    G Additional thickness reduction for localized areas in 
paragraph (g) of this section.

    (3) For a localized repair of an internal lining or internal 
coating where a material corrosive to the tank or service equipment as 
defined Sec.  180.503 has contacted the tank, a qualified individual 
must verify conformance with paragraph (g) of this section by measuring 
the shell or head in the area of the repair. The thickness test applies 
only to the non-lined or coated repaired area, and is not a 
qualification event.

[[Page 51340]]

Modification of the tank stencil is not required.
    (4) Operation of a tank car below the condemning limit for general 
corrosion or the condemning limit for localized corrosion (as shown in 
Figure A of this section) is prohibited.
    (5) For sumps, domes, nozzles, and nozzle reinforcements, the tank 
car owner must determine if any reduction in wall thickness affects the 
design levels of reliability and safety built into sump, dome, nozzle, 
or nozzle reinforcement. Each tank car owner must maintain at its 
principal place of business documentation describing the allowable 
thickness reductions for sumps, domes, and nozzles, and nozzle 
reinforcements. This documentation must be made available to FRA or an 
authorized representative of the Department upon request.
    (6) After repairs, alterations, conversions, modifications, or 
blasting of tank car that results in a reduction of the tank's 
thickness, a qualified individual must measure the thickness of the 
tank in the area of reduced thickness to ensure that the thickness of 
the tank conforms to paragraph (g) of this section.
    (g) Service life thickness allowance. A tank car found with a 
thickness below the required minimum thickness after forming for its 
specification, as stated in part 179 of this subchapter, may continue 
in service if any reduction in the required minimum thickness is not 
more than that provided in the following table:

                  Allowable Shell Thickness Reductions
------------------------------------------------------------------------
                                 Top shell and tank
   Marked tank test pressure            head             Bottom shell
------------------------------------------------------------------------
60 psig < 200 psig.............  3.17 mm...........  1.58 mm
                                 1/8 inch..........  \1/16\-inch
>=200 psig.....................  0.79 mm...........  0.79 mm
                                 1/32 inch.........  \1/32\-inch
------------------------------------------------------------------------
Note 1. A tank car owner may add an extra 1.58 mm (1/16 inch) to the
  values in the table for local reductions. Local reductions are those
  that do not exceed 20.32 linear centimeters (8 linear inches) measured
  at the longest diameter, and are separated from the other local
  reductions by at least 40.64 cm (16 inches).
Note 2. Any reduction in the tank car shell thickness may not affect the
  structural strength of the tank car to the extent that the tank car no
  longer conforms to Section 6.2 of the AAR Specifications for Tank Cars
  (IBR, see Sec.   171.7 of this subchapter).
Note 3. For DOT 115 class tank cars, shell thickness reductions apply
  only to the outer shell of the tank car. There is no shell or head
  thickness reduction authorized for the inner tank.

    (h) Safety system inspections. Each tank car owner must ensure 
qualification of the tank car safety systems. However, inspections of 
foam or cork insulation systems are not required.
    (i) Lining and coating inspection and test. (1) At a minimum, the 
owner of a lining or coating applied to protect a tank used to 
transport a material that is corrosive or reactive to the tank must 
ensure accomplishment of an inspection adequate to detect defects or 
other conditions that could reduce the reliability of the tank. In 
addition, the owner of a lining of tank cars used to transport 
hazardous materials must ensure the lining complies with Sec.  
173.24(b)(2) and (3) of this subchapter.
    (2) The owner of the lining or coating must establish and maintain 
a record of the service life of the lining or coating and commodity 
combination, that is, the specific hazardous materials that were loaded 
into a tank and the lining or coating in place at the time of loading. 
The owner of the lining or coating must use its knowledge of the 
service life of each lining or coating and commodity combination to 
establish an appropriate inspection interval for that lining or coating 
and commodity combination. This interval must not exceed eight (8) 
years, unless the lining or coating owner can establish, document, and 
show that the service history or scientific analysis of the lining or 
coating and commodity pairing supports a longer inspection interval. 
The owner must maintain at its principal place of business a written 
procedure for collecting and documenting the life of the lining or 
coating applied within the tank car. The lining or coating owner must 
provide this documentation, including inspection and test, repair, 
removal, and application procedures, to the FRA or car owner upon 
request. In addition, any person who offers a loaded tank car into 
transportation must provide commodity information to the car owner and 
the owner of the lining or coating upon request.
    (3) The owner of the lining or coating must provide the test method 
and acceptance criteria for the lining or coating to the tank car owner 
and to the person responsible for qualifying the lining or coating. The 
tank car facility inspecting and testing the lining or coating must 
follow the inspection and test requirements, including the acceptance 
requirements, established by the lining or coating owner.
    (j) Leakage pressure test. Unless the design of the service 
equipment arrangement precludes it (e.g., there is no fitting to 
pressurize the tank), each owner of a tank car must ensure that the 
tank, service equipment, and closures installed, replaced, or 
reinstalled on the tank car are leak tested. The test may be conducted 
with the lading in the tank. When the test pressure exceeds the start-
to-discharge or burst pressure of a pressure relief device, the device 
must be rendered inoperative. The written procedures and test method 
for leak testing must ensure for the sensitivity and reliability of the 
test method and for the serviceability of components to prevent 
premature failure. This section does not apply to facilities that 
remove closures for the sole purpose of loading or unloading the lading 
(e.g., blind flanges, pipe plugs, etc.).
    (k) Service equipment inspection and test. (1) Each tank car owner 
must ensure for the qualification of tank car service equipment at 
least once every ten (10) years. The tank car owner must analyze the 
service equipment inspection and test results for any given lading and, 
based on the analysis, adjust the inspection and test frequency to 
ensure that the design level of reliability and safety of the equipment 
is met. The owner must maintain at its principal place of business all 
supporting documentation used to make such analyses and inspection and 
test frequency adjustments. The supporting documentation must be made 
available to FRA or an authorized representative of the Department upon 
request.
    (2) Each tank car facility must qualify service equipment, 
including reclosing pressure relief devices and interior heater systems 
in accordance with Appendix D of the AAR Specifications for Tank Cars 
(IBR, see Sec.  171.7 of this subchapter).
    (l) Alternative inspection and test procedures. When approved by 
the

[[Page 51341]]

Associate Administrator for Railroad Safety, FRA, a tank car owner, or 
a lining or coating owner may use an alternative inspection and test 
procedure or interval based on a damage-tolerance analysis (that must 
include a determination of the probable locations and modes of damage 
due to fatigue, corrosion, and accidental damage), or based on a 
service reliability assessment (that must be supported by analysis of 
systematically collected data) in lieu of the other requirements of 
this section.
    (m) Qualification compliance date for tank cars. (1) After July 1, 
2000, each tank car with a metal jacket or with a thermal protection 
system must have an inspection and test conforming to this section no 
later than the date the tank car requires a periodic hydrostatic 
pressure test (i.e., the marked due date on the tank car for the 
hydrostatic test).
    (2) For insulated or jacketed tank cars on a 20-year periodic 
hydrostatic pressure test interval (i.e., Class DOT 103W, 104W, 
111A60W1, 111A100W1, and 111A100W3 tank cars), the next inspection and 
the test date is the midpoint between the compliance date in paragraph 
(m)(1) of this section and the remaining years until the tank would 
have had a hydrostatic pressure test.
    26. In Sec.  180.511, revise the introductory text and paragraphs 
(d) and (g) and add paragraph (h) to read as follows:


Sec.  180.511  Acceptable results of inspections and tests.

    Provided it conforms to other applicable requirements of this 
subchapter, a tank car is qualified for use if it successfully passes 
the inspections and tests set forth below conducted in accordance with 
this subpart. A representation of that qualification must consist of 
marking the tank in accordance with Sec.  180.515.
* * * * *
    (d) Safety system inspection. A tank car successfully passes the 
safety system inspection when each thermal protection system, tank head 
puncture resistance system, coupler vertical restraint system, and 
system used to protect discontinuities (e.g., breakage grooves on 
bottom outlets and protective housings) on the tank car conform to this 
subchapter and show no indication of a defect that may reduce 
reliability before the next inspection and test interval.
* * * * *
    (g) Hydrostatic test. A Class 107 tank car, the inner tank of a 
Class 115 tank car, or a riveted tank car successfully passes the 
hydrostatic test when it shows no leakage, distortion, excessive 
permanent expansion, or other evidence of weakness that might render 
the tank car unsafe for transportation service.
    (h) Service equipment. A tank car successfully passes the service 
equipment inspection and test when this equipment equipment conforms to 
this subchapter and AAR Appendix D (IBR, see Sec.  171.7 of this 
subchapter) and shows no indication of a defect that may reduce 
reliability before the next inspection and test interval.
    27. Revise Sec.  180.513 to read as follows:


Sec.  180.513  Repairs, alterations, conversions, and modifications.

    (a) To work on tank cars, a tank car facility must comply with the 
applicable requirements of this subpart, the AAR Specifications for 
Tank Cars (IBR, see Sec.  171.7 of this subchapter), and the owner's 
requirements.
    (b) An owner of a tank car or component is responsible for ensuring 
that each tank car facility complies with the owner's maintenance 
program by conducting periodic analyses and surveillance activities.
    (c) Unless the exterior tank car shell or interior tank car jacket 
has a protective coating, after a repair that requires the complete 
removal of the tank car jacket, the exterior tank car shell and the 
interior tank car jacket must have a protective coating applied to 
prevent the deterioration of the tank shell and tank jacket. Previously 
applied coatings that still provide effective protection need not be 
covered over.
    (d) After repair, replacement, or qualification of tank car service 
equipment, the tank service equipment must successfully pass the leak 
test prescribed in Sec.  180.509(j).
    28. Revise Sec.  180.515 to read as follows:


Sec.  180.515  Markings.

    (a) When a tank car passes the required inspection and test with 
acceptable results, the tank car facility must mark the date of the 
inspection and test and the due date of the next inspection and test 
qualified on the tank car in accordance with Appendix C of the AAR 
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter). 
When a tank car facility performs multiple inspections and tests at the 
same time, one date may be used to satisfy the requirements of this 
section. One date also may be shown when multiple inspections and test 
have the same due date. Dates displayed on the ``consolidated stencil'' 
(see Appendix C of the AAR specifications for Tank Cars) take 
precedence over dates modified, and not stenciled, pursuant to interval 
adjustments for service equipment, linings, and granted alternative 
inspection intervals.
    (b) Converted DOT 105, 109, 112, 114, or 120 class tank cars must 
have the new specification and conversion date permanently marked in 
letters and figures at least 0.95 cm (0.375 inch) high on the outside 
of the manway nozzle or the edge of the manway nozzle flange on the 
left side of the car. The marking may have the last numeral of the 
specification number omitted (e.g., ``DOT 111A100W'' instead of ``DOT 
111A100W1'').
    (c) When qualified within six months of installation and protected 
from deterioration, the test date marking of a reclosing pressure 
relief device is the installation date on the tank car.
    29. In Sec.  180.517, revise paragraph (a), paragraph (b) 
introductory text, and paragraphs (b)(3). (4), and (7), and add 
paragraph (b)(8) to 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 certificate of construction (AAR Form 4-2) and 
related papers certifying that the manufacture of the specification 
tank car identified in the documents is in accordance with the 
applicable specification. The builder's signature on the certificate of 
construction, 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. The owner 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 requirements in Section 1.3.15 of the 
AAR Specifications for Tank Cars (IBR, see Sec.  171.7 of this 
subchapter) apply. The builder of the car or a facility performing work 
on the car may retain copies of relevant records.
    (b) Inspection and test reporting. Each tank car that is inspected 
and tested as specified in Sec.  180.509 must have a written report, in 
English, prepared according to this paragraph. For qualification 
inspections and tests performed after initial service, marking the tank 
car with the specification (or retaining the specification marking on 
the tank) is the representation that all of the appropriate inspections 
and tests were successfully performed to qualify the car for continued 
use. The report may be created and retained electronically, but, upon 
request by FRA for a copy of the report, it must be made

[[Page 51342]]

available in common readable form. The owner must retain a copy of the 
inspection and test reports until successfully completing the next 
inspection and test of the same type. The inspection and test report 
must include the following:
* * * * *
    (3) Tank car reporting mark and number;
    (4) Tank car specification;
* * * * *
    (7) The name and address of the tank car facility and the name and 
signature of inspector; and
    (8) The unique code (station stencil) identifying the facility.
    30. Add Appendix D to Part 180 to read as follows:

Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or 
Service Equipment

    This list contains materials identified either by proper 
shipping name in 49 CFR 172.101 or shipped under an ``n.o.s.'' 
shipping description that, under certain conditions, can corrode 
carbon steel tanks or service equipment at a rate that will reduce 
the design level of reliability and safety of the tank or equipment 
to an unsafe level before the next qualification. Materials 
identified on this list are considered corrosive to the tank 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 interior 
coating or lining appropriately based on their 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, the Department of 
Transportation, or the Association of American Railroads' Tank Car 
Committee.

Hazardous Materials Table Proper Shipping Names (See Sec.  172.101)

Acetic acid, glacial or Acetic acid solution
Aluminum chloride, solution
Arsenic acid, liquid
Arsenic acid, solid
Butyric acid
Ferric chloride, solution
Fertilizer ammoniating solution (Nitrogen fertilizer solution)
Fluoroboric acid
Fluorosilicic acid
Formaldehyde, solutions, flammable
Formaldehyde, solutions
Hydrobromic acid
Hydrochloric acid Hydrochloric acid solution
Hydrofluoric acid and Sulfuric acid mixtures
Hydrofluoric acid
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized
Hydrogen, peroxide, aqueous solutions
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous 
solutions, stabilized
Hypochlorite solutions
Methyl methacrylate monomer, stabilized
Nitric acid
Phenyl phosphorus dichloride
Phenyl phosphorus thiodichloride
Phosphoric acid solution
Phosphoric acid, solid
Phosphorus trichloride (Phosphorus chloride)
Sodium chlorate
Sodium chlorate, aqueous solution
Sodium hydrosulfide
Sulfur, molten
Sulfuric acid
Sulfuric acid, fuming
Sulfuric acid, spent
Zinc chloride, anhydrous
Zinc chloride, solution

Materials Transported Under an ``N.O.S.'' Description

Benzoic acid (Environmentally hazardous substance, liquid, n.o.s., 
(RQ 5,000 pounds)
Bisulphites, aqueous solution, n.o.s. (Ammonium bisulfide)
Black liquor (Corrosive liquids, n.o.s. (contains sulfuric acid))
Calcium lignosulfonate (not regulated under this subchapter)
Hexanoic acid (Corrosive liquids, n.o.s. (contains hexanoic acid))
Lignin liquor (not regulated under this subchapter)
Lithium chloride (not regulated under this subchapter)
Sodium polyacrylate (not regulated under this subchapter)
Titanium sulfate solution (Corrosive liquids, n.o.s. (contains 
sulfuric acid))
White liquor (not regulated under this subchapter)

    Issued in Washington, DC, on August 10, 2011 under authority 
delegated in 49 CFR part 106.
R. Ryan Posten,
Senior Director for Hazardous Materials Safety.
[FR Doc. 2011-20863 Filed 8-17-11; 8:45 am]
BILLING CODE 4910-60-P