51324 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

(2) The owner, operator or employer 

must have a copy of the waiver approval 

letter available onboard the vessel as 

proof of waiver of the citizenship 

requirement for unlicensed seamen for 

that vessel. 

§ 28.1115 Waiver request and approval 

records. 

The Coast Guard will maintain a 

record of citizenship waiver requests 

and approvals. Approvals will be 

documented for the applicable vessel(s) 

in the Coast Guard’s vessel information 

database. 

Dated: August 9, 2011. 

James A. Watson, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. 2011–21024 Filed 8–17–11; 8:45 am] 

BILLING CODE 9110–04–P 

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). 

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 (§§ 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 performanceoriented 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 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 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 wellestablished 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 wellestablished 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 §§ 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 § 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 

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51326 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

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 § 171.8, 

establish requirements for ‘‘interlining 

carrier documents’’ in a new § 172.206, 

and make several additional related 

revisions concerning shipping papers 

and emergency response information in 

§§ 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 

§ 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 § 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 § 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 

§§ 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 

§ 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 

§ 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 

§ 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 § 179.13(b) 

to require that rail tank cars with a gross 

weight that exceeds 263,000 but not 

286,000 pounds containing poisonousby-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 § 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 costbenefit 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 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 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: 

Number Section No. Proposed change to 49 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 § 171.8. 

Corrosive to the tank or service 

equipment.

No change. 

Defects ...................................... Added to eliminate industry confusion. 

Design level of reliability and 

safety.

Minor edits. 

Interior heating system .............. No change. 

Lining/Coating owner ................. No change. 

Maintenance .............................. Minor edits. 

Modification ............................... Added to aid industry compliance. 

Objectively reasonable and 

articulable belief.

Added to explain the use of this term in § 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, Railworthiness ........ Explains the term. When FRA requires a recall of a tank car or 

series of tank cars it issues a ‘‘Railworthiness Directive.’’ 

Reactive to the tank or service 

equipment.

Adds reactivity language based on § 173.24(b)(2) and (3). 

Reinforced tank shell butt weld No change. 

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 § 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 § 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 § 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.’’ 

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51328 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

Number Section No. Proposed change to 49 CFR 

part 180 Proposed change from DOT–SP 12095 

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 § 180.503. 

Additional provisions from Special 

Permit DOT–SP 12095 as proposed will 

be in §§ 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 

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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 

§ 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 §§ 172.201, 172.202, 

172.204, and 172.604. The changes that 

IVOHMA proposed for § 174.24 are also 

located in § 172.202; therefore, they are 

not needed in § 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 highhazard 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 § 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-todischarge 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 § 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 

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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 pressuretemperature relationship of chlorine, the 

temperature of chlorine at a vapor 

pressure of 356 psi is approximately 165 

°F and its temperature at 360 psi is 

approximately 170 °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 °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-todischarge 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 § 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 § 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 

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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 

§ 179.24 and existing sections 

§§ 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 

§ 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 

§ 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 § 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 

§ 179.13(b) a provision to require FRA 

approval for those gross-weight-on-rail 

tank cars authorized to contain 

materials that are poisonous-byinhalation. PHMSA is proposing to 

correct this omission in this rulemaking 

by revising § 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 § 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 § 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 § 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 § 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 § 171.7(a)(3) 

to § 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. 

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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 

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Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 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 crossreference 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. 

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51334 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

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. 

§ 171.7 [Amended] 

2. In the ‘‘Table of material 

incorporated by reference,’’ at 

§ 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 § 174.63 is 

removed. 

3. In § 171.8, the definition ‘‘Train 

consist’’ is added in alphabetical order 

to read as follows: 

§ 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 § 172.201, revise paragraph (a)(2) 

and add paragraph (a)(5) to read as 

follows: 

§ 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 § 172.201(e). 

* * * * * 

6. In § 172.202, paragraph (b) is 

amended by adding a third sentence to 

read as follows: 

§ 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 § 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: 

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§ 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 § 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 

§ 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 § 172.604, paragraphs (a) 

introductory text and (a)(3)(ii) are 

revised to read as follows: 

§ 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 § 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: 

§ 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 § 173.314, Table note 1), 

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(J) Specific gravity of NH3 (@105 °F = 

0.5796 and @115 °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-todischarge 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 § 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. 

§ 174.63 [Amended] 

12. In § 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 § 179.13, paragraph (b) is 

revised to read as follows: 

§ 179.13 Tank car capacity and gross 

weight limitation. 

* * * * * 

(b) Tank cars containing poisonousby-inhalation material meeting the 

applicable authorized tank car 

specifications listed in § 173.244(a)(2) or 

(3), or § 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 § 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 § 179.24 to read 

as follows: 

§ 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 § 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 § 179.100–20, paragraph (b) is 

added to read as follows: 

§ 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 

§ 179.24(a). 

17. In § 179.200–24, paragraph (c) is 

added to read as follows: 

§ 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 § 179.24(a). 

18. In § 179.201–10, paragraph (b) is 

added to read as follows: 

§ 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 

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metal of the tank, or immediately below 

the stamped marks specified in 

§ 179.200–24(a) in conformance with 

the applicable marking requirements 

prescribed in § 179.24(a). 

19. In § 179.220–25, the existing text 

is redesignated as paragraph (a) and 

paragraph (b) is added to read as 

follows: 

§ 179.220–25 Stamping. 

* * * * * 

(b) Authorized Class DOT–115 nonpressure 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 § 179.24(a). 

20. In § 179.300–13, paragraph (b) is 

revised to read as follows: 

§ 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 cleanout/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 

§ 178.61(h)(3)(i) and (iii). Taper threads 

must comply with § 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 § 180.501 to read as 

follows: 

§ 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 § 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 

§ 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 

§ 105.30. 

23. Revise § 180.503 to read as 

follows: 

§ 180.503 Definitions. 

The following definitions and those 

contained in §§ 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 

§ 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 § 179.5, 

including an alteration prescribed in 

§ 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 § 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 § 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 § 180.509 of this part may require thickness tests at an interval different from the other items for qualification of the 

tank. 

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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 § 180.507, the first sentence in 

paragraph (b)(2) is revised to read as 

follows: 

§ 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 § 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: 

§ 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 § 180.511; 

(3) Marks each tank car as specified in 

§ 180.515 for each item that successfully 

passes an inspection and test, and 

(4) Prepares the documentation as 

required by § 180.517 for each item 

qualified under this section. A copy of 

the documentation required by 

§ 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 § 180.509(f). 

h ............................... Safety Systems ...................................................................................................................................... 10 years. 

i ................................ Lining or coating (for materials corrosive or reactive to the tank) (See definitions at § 180.503) ........ See § 180.509(i). 

j ................................ Leakage pressure test ........................................................................................................................... After reassembly. 

k ............................... Service equipment (including pressure relief device) ........................................................................... See § 180.509(k). 

(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 

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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, damagetolerance 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 ±0.05 

mm (±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 

§ 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 

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 c 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 § 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. 


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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

Marked tank test pressure Top shell and tank 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 § 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 

§ 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 § 171.7 of this 

subchapter). 

(l) Alternative inspection and test 

procedures. When approved by the 

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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 § 180.511, revise the 

introductory text and paragraphs (d) and 

(g) and add paragraph (h) to read as 

follows: 

§ 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 § 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 § 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 § 180.513 to read as 

follows: 

§ 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 

§ 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 § 180.509(j). 

28. Revise § 180.515 to read as 

follows: 

§ 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 § 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 § 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: 

§ 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 § 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 § 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 

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51342 Federal Register / Vol. 76, No. 160 / Thursday, August 18, 2011 / Proposed Rules 

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 § 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 § 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 

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