85590 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107, 171, 172, 173, 174, 

176, 177, 178, 179, and 180 

[Docket No. PHMSA–2018–0080 (HM–265)] 

RIN 2137–AF41 

Hazardous Materials: Advancing 

Safety of Highway, Rail, and Vessel 

Transportation 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of 

Transportation. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA proposes to revise 

the Hazardous Materials Regulations to 

adopt several modal-specific 

amendments that would enhance the 

safe transportation of hazardous 

materials in commerce. PHMSA, in 

consultation with the Federal Motor 

Carrier Safety Administration, the 

Federal Railroad Administration, and 

the United States Coast Guard, proposes 

amendments identified during 

Departmental review and from industry 

petitions for rulemaking. 

DATES: Comments must be received by 

January 27, 2025. To the extent possible, 

PHMSA will consider late-filed 

comments as a final rule is developed. 

ADDRESSES: You may submit comments 

identified by the Docket Number 

PHMSA–2018–0080 (HM–265) by any of 

the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 

West Building, Ground Floor, Room 

W12–140, Routing Symbol M–30, 1200 

New Jersey Avenue SE, Washington, DC 

20590. 

• Hand Delivery: Docket Management 

System; Room W12–140 on the ground 

floor of the West Building, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. 

Instructions: All submissions must 

include the agency name and Docket 

Number (PHMSA–2018–0080) or 

Regulation Identifier Number (RIN) 

(2137–AF41) for this rulemaking at the 

beginning of the comment. To avoid 

duplication, please use only one of 

these four methods. All comments 

received will be posted without change 

to the Federal Docket Management 

System (FDMS) and will include any 

personal information you provide. 

Docket: For access to the dockets to 

read background documents or 

comments received, go to http://

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). 

Confidential Business Information: 

Confidential Business Information (CBI) 

is commercial or financial information 

that is both customarily and actually 

treated as private by its owner. Under 

the Freedom of Information Act (FOIA) 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments to 

this NPRM contain commercial or 

financial information that is customarily 

treated as private, that you actually treat 

as private, and that is relevant or 

responsive to this NPRM, it is important 

that you clearly designate the submitted 

comments as CBI. Please mark each 

page of your submission containing CBI 

as ‘‘PROPIN.’’ Submissions containing 

CBI should be sent to Eamonn Patrick, 

Office of Hazardous Materials Safety, 

Standards and Rulemaking Division, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE, Washington, DC 20590–0001. Any 

commentary that PHMSA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Privacy Act: In accordance with 5 

U.S.C. 553(c), DOT solicits comments 

from the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to http://www.regulations.gov, 

as described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at http://www.dot.gov/ 

privacy. 

FOR FURTHER INFORMATION CONTACT: 

Eamonn Patrick, Standards and 

Rulemaking Division, 202–366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

II. Background 

A. Railroad Safety Advisory Committee 

B. AAR Authority To Approve the Design 

of Tank Cars and Quality Assurance 

Programs 

1. Introduction 

2. Tank Car Design Approval 

3. Tank Car Facility Quality Assurance 

Program 

4. Tank Car Facility Definition 

5. Tank Car Facility and Design Certifying 

Engineer Registration 

6. AAR Specifications for Tank Cars 

Incorporation by Reference 

7. Tank Car Linings and Coatings 

8. Editorial Revision to §§ 180.501 and 

180.513 

C. Cargo Tank Regulatory Amendments 

D. Cargo Tank Marking for Petroleum 

Distillate Fuels 

E. P–1712 

F. P–1724 

G. P–1735 

III. Overview 

A. Rail 

B. Highway 

C. Vessel 

D. Multi-Modal 

IV. Section-by-Section Review 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

B. Executive Order 12866, 14094, and DOT 

Regulatory Policies and Procedures 

C. Executive Order 13132 

D. Executive Order 13175 

E. Regulatory Flexibility Act and Executive 

Order 13272 

F. Paperwork Reduction Act 

G. Unfunded Mandates Reform Act of 1995 

H. Draft Environmental Assessment 

I. Privacy Act 

J. Executive Order 13609 and International 

Trade Analysis 

K. National Technology Transfer and 

Advancement Act 

L. Executive Order 13211 

M. Cybersecurity and Executive Order 

14082 

N. Severability 

I. Executive Summary 

The Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

proposes to amend the requirements for 

the transportation of hazardous 

materials set out in the Hazardous 

Materials Regulations (HMR) (49 Code 

of Federal Regulations (CFR) parts 171 

to 180) and 49 CFR part 107. This 

rulemaking aims to amend provisions 

specific to the highway, rail, and vessel 

transportation of hazardous materials. 

In this notice of proposed rulemaking 

(NPRM), PHMSA proposes to reform 

modal specific requirements in the 

HMR. PHMSA expects that the adoption 

of these proposals will maintain or 

enhance the safe transportation of 

hazardous materials while increasing 

the clarity of the HMR, and therefore 

decreasing compliance burdens. The 

proposed amendments also reflect 

changing conditions and trends that 

affect the safe transportation of 

hazardous materials while still 

maintaining or enhancing safety. The 

following are some of the more 

noteworthy subjects covered by 

proposed revisions: 

• Rail tank car use requirements as 

recommended by the Rail Safety 

Advisory Committee (RSAC); 


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1More information about the RSAC, including 

HMIWG meeting minutes and other supporting 

documents can be found at: https://rsac.fra. 

dot.gov/. 

2Comments from various associations and 

members of the public can be found at: https://

www.regulations.gov/docket?D=FRA-2013-0067. 

• Rail tank car and service equipment 

design approval requirements; 

• Highway cargo tank specifications 

and requalification requirements; and 

• Marking requirements for cargo 

tanks that contain multiple petroleum 

distillate fuels. 

In this rulemaking, PHMSA solicits 

comment from the public and regulated 

community on these proposed 

amendments, specifically pertaining to 

the need for, benefits, and costs of the 

proposed amendments; impact on 

safety; public interest; and any other 

relevant concerns. In its preliminary 

regulatory impact analysis (PRIA), 

PHMSA concluded that the aggregate 

benefits of the proposed amendments 

justify their aggregate costs. PHMSA 

estimates annualized net benefits at a 

two percent discount rate of 

approximately $97.3 million per year. 

Details on the estimated cost savings 

and benefits of this rulemakings can be 

found in the PRIA, which is available in 

the public docket for this rulemaking. 

II. Background 

The Federal Hazardous Materials 

Transportation Act (HMTA; 49 U.S.C. 

5101 et seq.) at 49 U.S.C. 5103 gives the 

Secretary general authority to issue 

regulations for the safe transportation of 

hazardous materials in commerce. The 

Secretary delegates the above statutory 

authorities to PHMSA at 49 CFR 1.97. 

A. Railroad Safety Advisory Committee 

RSAC is a Federal Advisory 

Committee established by the U.S. 

Secretary of Transportation in 

accordance with the Federal Advisory 

Committee Act (5 U.S.C. App. 2) to 

provide information, advice, and 

recommendations to the Federal 

Railroad Administration (FRA) 

Administrator on matters relating to 

railroad safety. In 1996, FRA established 

RSAC to develop new regulatory 

standards, through a collaborative 

process, with all segments of the rail 

community working together to fashion 

mutually satisfactory solutions on safety 

regulatory issues. PHMSA participates 

in RSAC when issues related to 

hazardous material transportation are 

discussed, and participated in the 

development of the proposed 

recommendations in this rulemaking. 

On November 5, 2015, the RSAC 

accepted Task No. 15–04: ‘‘Hazardous 

Materials Issues,’’ which assigned the 

Hazardous Materials Issues Working 

Group (HMIWG) to consider several 

revisions to the HMR to enhance the 

safety of hazardous materials 

transported by rail.1 Consensusapproved regulatory change proposals 

were developed by the HMIWG and 

forwarded to the RSAC for 

consideration. On May 25, 2017, the 

RSAC voted and approved HMIWG’s 

consensus recommendations of changes 

to the HMR (hereafter referred to as the 

consensus recommendations) and 

submitted the suggested revisions to 

FRA. FRA subsequently recommended 

that PHMSA initiate a rulemaking to 

propose and adopt the consensus 

recommendations. In this rulemaking, 

PHMSA proposes to adopt the RSAC 

consensus recommendations with some 

modifications. Note that not all of the 

consensus recommendations are 

proposed as received. Rather, this 

rulemaking includes some revisions to 

the recommendations to better fit the 

construction of the HMR; to provide 

more appropriate amendatory 

instruction to the Office of the Federal 

Register; and to address some technical 

issues discovered during detailed 

review of the proposed regulatory text 

that was provided in the 

recommendation. 

The consensus recommendations 

propose to make amendments to update, 

clarify, or remove existing requirements 

that are outdated or unnecessary. They 

propose the following changes, among 

others: (1) require tank car facilities to 

apply for and receive a DOT registration 

letter from PHMSA assigning a 

registration number prior to qualifying 

tank cars for service; (2) incorporate by 

reference updated versions of certain 

industry standards, including the 

Association of American Railroads 

(AAR) Manual of Standards and 

Recommended Practices Section C–III 

Specifications for Tank Cars (M–1002); 

and (3) revise the requirements for OneTime Movement Approvals (OTMAs). 

These changes are discussed in greater 

detail later in ‘‘Section IV. Section-bySection Review.’’ 

On August 27 and 28, 2013, FRA held 

a public meeting 2 to invite stakeholders 

and the public to participate in a 

comprehensive review of part 174 of the 

HMR, to improve the safety of railroad 

transportation of hazardous materials. 

Specifically, FRA sought comment on 

identifying provisions of part 174— 

Carriage by Rail—that are outdated, 

unclear, no longer necessary, present an 

undue economic burden on the 

regulated community, are inconsistent 

with other North American standards 

and regulations (such as those issued by 

the AAR and Transport Canada), do not 

sufficiently address modern safety 

concerns, or do not sufficiently address 

technological advancements and 

procedural changes in the railroad 

operating environment. FRA included 

specific requests for comment on the 

public meeting agenda for a review of 

definitions and abbreviations (§ 171.8); 

notice to train crews (§ 174.24); 

nonconforming or leaking packages 

(§ 174.50); packagings, cargo tanks, and 

multi-unit tank car tanks in Tank-onFlatcar (TOFC) and Container-on-Flatcar 

(COFC) service (§§ 174.61 and 174.63), 

tank car unloading (§ 174.67); switching 

placarded railcars, transport vehicles, 

freight containers and bulk packagings 

(§ 174.83); position of railcars (§ 174.85); 

as well as an open discussion on part 

174. In its consensus recommendations, 

the RSAC addressed many of the issues 

identified and discussed during this 

public meeting. See ‘‘Section IV. 

Section-by-Section Review’’ for 

discussion of specific proposed changes 

because of the public meeting comments 

and RSAC deliberations. 

B. AAR Authority To Approve the 

Design of Tank Cars and Quality 

Assurance Programs 

1. Introduction 

The design, construction, 

maintenance, and qualification of tank 

cars used to transport hazardous 

materials are complex regulatory topics. 

Tank cars are the largest type of 

hazardous materials packaging in use in 

surface transportation, and the 

consequence of failure during 

transportation can be—and has been— 

catastrophic. The HMR currently 

delegate tank car and service equipment 

design approval and tank car facility 

Quality Assurance Program (QAP) 

approval to the AAR Tank Car 

Committee (TCC). The AAR TCC is a 

body of representatives drawn from the 

railroads, tank car shippers, and the 

tank car manufacturing, maintenance, 

and repair industry. The AAR TCC 

approves tank car designs and manages 

QAP approval, as well as develops its 

own standards for the design and 

operation of tank cars. PHMSA and FRA 

provide regulatory oversight to the AAR 

TCC approval process to ensure the 

committee is operating within the 

HMR’s purview. The process by which 

the AAR TCC approves tank car and 

service equipment designs, materials, 

and construction, and conversion or 

alteration, is not specified in § 179.3; 

however, typically the committee votes 

on the proposed designs, materials, and 


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construction, and conversion or 

alteration based on AAR TCC staff 

review of design drawings and/or 

service trial results. The approval of 

QAPs is handled similarly via a vote of 

the AAR TCC after the facility has been 

audited by AAR Bureau of Explosives 

auditors. Audit scheduling, procedure, 

and recommendation for approval or 

denial is conducted wholly at the 

discretion of the AAR. 

The HMR require each tank car 

facility to maintain a QAP that meets 

the requirements of § 179.7, with the 

intent that a properly implemented QAP 

will: 

• Ensure the qualified tank car 

conforms to the requirements of the 

applicable specification and regulations; 

• Identify any defects in the tank car 

manufacturing, repair, inspection, 

testing, and qualification or 

maintenance program; and 

• Prevent any non-conformity from 

recurring. 

Specifically, tank car facility QAPs 

must—at a minimum—address the 

elements in § 179.7(b)–(e), including 

verification of construction materials, 

monitoring and control of processes, 

and qualification of personnel. 

PHMSA and FRA initiated a review of 

the current regulations in part 179— 

Specifications for Tank Cars—that 

require both tank car design and tank 

car facility QAPs to be approved by the 

AAR TCC. Additionally, PHMSA and 

FRA recognize that the scope of the 

definition of tank car facility has created 

confusion among tank car shippers and 

in the tank car manufacturing and 

maintenance industry. In this 

rulemaking, PHMSA proposes to revise 

the definition of tank car facility to 

reduce confusion and uncertainty in the 

regulated community. In conjunction 

with the other rail-specific changes 

proposed in this rule, this change will 

improve safety of rail transportation 

through increased awareness of who 

qualifies as a tank car facility and who 

specifically must comply with the HMR 

requirements for that facility (see 

‘‘Section II.B.4 Tank Car Facility 

Definition’’ for further discussion on 

this issue). 

PHMSA and FRA have determined 

that the current system requiring AAR 

approval for tank car facility QAPs and 

tank car designs creates a regulatory 

bottleneck without commensurate safety 

benefits for the regulated industry. As 

such, PHMSA proposes revisions to the 

current system to relieve confusion and 

increase the efficiency of the approval 

process (see ‘‘Section II.B.2 Tank Car 

Design Approval’’ and ‘‘Section II.B.3 

Tank Car Facility Quality Assurance 

Program’’ for further discussion of these 

issues). The proposed revisions are 

intended to increase the efficiency of 

the tank car design and QAP approval 

process, without compromising safety, 

by increasing governmental oversight of 

regulated entities through a registration 

program. The following is a brief 

summary of proposed changes to the 

approval processes and the definition of 

tank car facility which PHMSA 

discusses in greater detail later in this 

section: 

A. Remove the requirement for tank 

car and service equipment designs to be 

approved solely by the AAR TCC and 

replace it with a requirement for tank 

car designs to be approved by a tank car 

Design Certifying Engineer (DCE) 

registered with PHMSA. This proposed 

requirement closely mirrors the process 

for highway cargo tank design review 

and approval. 

B. Remove the requirement for tank 

car facilities to have a QAP approved by 

the AAR and replace it with a 

requirement for tank car facilities to 

register with PHMSA, maintain a QAP, 

and certify that it meets the § 179.7 

quality assurance program 

requirements. 

C. Revise the definition of tank car 

facility to clarify that the definition 

applies to facilities that qualify a tank 

car for service, and to clarify what 

activities require qualification of a tank 

car. 

D. Add a registration program for tank 

car DCEs and tank car facilities. 

E. Revise the incorporation by 

reference (IBR) of specific chapters and 

appendices of the 2014 edition of the 

AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (i.e., AAR 

Specifications for Tank Cars) to 

correspond to the above proposals (i.e., 

removing the requirement to comply 

with the specific sections of M–1002 

that require AAR approval). 

F. Revise the requirements for coating 

and lining inspection of tank cars to 

clarify what is expected. 

G. Revise § 180.513—Repairs, 

alterations, conversions, and 

modifications—to clarify that tank car 

facilities must include the tank car 

owner’s qualification and maintenance 

program into their QAP to correct an 

incorrect reference to including the tank 

car owner’s QAP. Generally, a tank car 

owner is not subject to QAP 

requirements. 

2. Tank Car Design Approval 

Federal hazardous material 

transportation regulations have 

delegated the authority to approve tank 

car and service equipment designs to 

the AAR—and various predecessor 

organizations—since at least 1927. As 

provided in § 179.3, the AAR TCC has 

authority to approve tank car designs, 

materials and construction, conversion, 

or alteration of tank car tanks under the 

specifications of part 179. By way of 

example, § 179.100–12(a) requires that 

manway nozzles must be of approved 

design of forged or rolled steel for steel 

tanks. In this context, pursuant to the 

definition in § 179.2, ‘‘approved’’ refers 

to approval by the AAR TCC. 

Although PHMSA has delegated the 

authority to approve tank car designs, 

the current state of the AAR’s 

autonomous approval process presents 

inefficiencies when insufficient 

resources are available to process 

approval applications, resulting in 

unnecessary delays and increased costs 

for the tank car design and 

manufacturing community. As such, 

PHMSA and FRA propose to remove the 

requirement that tank car and service 

equipment designs receive approval 

solely through the AAR TCC before they 

are used in hazardous materials 

(hazmat) service. PHMSA and FRA 

propose to replace AAR TCC design 

approval with alternative approval by a 

tank car DCE, similar to the design 

approval structure for highway cargo 

tanks. The proposed tank car DCE 

requirement will include registration 

with PHMSA, and registrations will be 

subject to termination for cause, with 

the intent to create a more transparent, 

accountable tank car design approval 

system without any impact on the safety 

of such approved tank cars. ‘‘Design 

certifying engineer’’ is a defined term in 

the HMR in § 171.8, and currently only 

applies to engineers who can determine 

that a cargo tank design meets 

applicable DOT specification standards. 

PHMSA and FRA propose to revise the 

definition of DCE to include persons 

able to determine that a tank car meets 

applicable DOT specification standards. 

PHMSA and FRA propose that a tank 

car DCE must: 

• Have an engineering degree and at 

least one year of work experience in 

tank car structural or mechanical 

design; or 

• Be registered currently as a 

professional engineer by an appropriate 

authority of a state of the United States 

or a province of Canada. 

As proposed, a tank car DCE may not 

use their experience in cargo tank 

structural or mechanical design to meet 

the experience requirement for tank car 

design, and vice versa for a cargo tank 

DCE. Based on our knowledge of the 

cargo tank and tank car industries, 

PHMSA believes it is unlikely that a 

company would attempt to register a 


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3See § 179.10. 

4See § 179.200–16(b). 

5See § 179.3. 

6https://www.phmsa.dot.gov/hazmat/documents/ 

offer/SP14437.pdf/offerserver/SP14437. 

single engineer as both a tank car and 

cargo tank DCE. In the event this does 

occur, PHMSA would allow a single 

engineer to be registered as both a tank 

car and cargo tank DCE; however, they 

will need to acquire separate 

registrations: a cargo tank DCE 

registration as specified in subpart F of 

part 107, and a tank car DCE registration 

as specified in the proposed new 

subpart J of part 107. PHMSA has 

determined that maintaining separate 

registrations in the event that a single 

person holds both will simplify 

recordkeeping and enforcement by 

preventing unintended administrative 

hang-ups if one registration is allowed 

to lapse or termination proceedings are 

initiated. PHMSA requests comments on 

this proposed registration process. 

Currently, the tank car design 

approval process is managed by the 

AAR TCC (see § 179.3). PHMSA and 

FRA attend AAR TCC meetings and 

participate in AAR TCC working groups 

on specific issues; however, the 

agencies do not manage the day-to-day 

operations of the AAR TCC. PHMSA 

and FRA have no voting power in the 

committee and little involvement in the 

day-to-day process by which the AAR 

TCC reviews and approves tank car 

designs. PHMSA and FRA retain full 

authority to set tank car safety standards 

through the adoption of tank car design 

specification requirements in part 179, 

and tank car use requirements in part 

173. To provide additional context, 

there are approximately 130 instances in 

part 179 where the HMR requires that a 

tank car design feature (e.g., the manner 

in which a tank car tank is attached to 

the car structure) 3 or item of service 

equipment (e.g., a valve) 4 be 

‘‘approved.’’ This approval is issued by 

the AAR TCC when the Committee 

determines that tank car tank or 

equipment is in compliance with the 

requirements of the HMR.5 The AAR 

TCC is the only entity granted the 

authority to issue such approvals for 

tank car tanks and service equipment in 

the HMR. 

PHMSA and FRA have determined 

that—based on experience participating 

in the current AAR TCC process—the 

process for tank car design approval is 

conducted in such a way that increases 

costs and delays to the regulated 

community, without a commensurate 

increase in safety that would justify 

these delays. The HMR create a singlesource, prescriptive system, because 

only AAR TCC has the authority to 

approve an application for a tank car 

design, material of construction, 

conversion, or alteration under part 179 

specifications. The HMR requirements 

for the review of a tank car design are 

well understood and include 

compliance with part 179 and other 

considerations that a tank car design 

must take into account (e.g., lading 

properties, material compatibility, 

operating temperatures, etc.). There is 

little doubt that there are many 

engineers in the United States with tank 

car structural or mechanical design 

experience who could review and 

certify that a tank car’s design meets the 

HMR requirements. Replacing AAR TCC 

approval with DCE approval as 

proposed will create a system that 

increases efficiency in the tank car 

design approval market by expanding 

the pool of authorized tank car design 

approval sources without impacting the 

safety of tank cars used to transport 

hazardous materials. The proposed 

system also includes documentation 

requirements for DCEs that will 

facilitate improved government 

oversight of the design approval process 

via periodic audits, and it would allow 

DCE registrations to be terminated for 

cause as further discussed below. 

PHMSA and FRA expect that an 

individual with an engineering degree 

and tank car design experience or a 

registered professional engineer—thus 

meeting the § 171.8 definition of a tank 

car DCE—will be able to review the 

design of a tank car or service 

equipment and determine whether the 

design complies with the tank car 

specification requirements. This 

proposal will improve government 

oversight of the tank car approval 

process. Currently, PHMSA and FRA 

have limited ability to take enforcement 

action against the TCC for failures to 

comply with the requirements of the 

HMR. The current TCC design review 

procedures have allowed non-compliant 

tank cars to enter transportation, posing 

risks to lives and the environment. 

When non-compliant cars are 

discovered in transportation, FRA takes 

immediate action to protect rail workers 

and the public. This can include issuing 

a railworthiness directive to address the 

non-compliance. Audits of the TCC tank 

car design review process conducted by 

the Department have revealed systemic 

operational and processing issues 

within the TCC—specifically—that the 

TCC utilizes, approves, and certifies 

Independent Third Party (ITP) 

individuals for reviewing and verifying 

that the application meets all AAR and 

DOT design requirements. These audit 

findings still have not been addressed to 

date. Additionally, in the recent past, 

the TCC elected not to review and 

approve new designs for DOT–106 and 

DOT–110 multi-unit tank car tanks 

(commonly known as ‘‘ton tanks’’). The 

TCC’s decision not to review and 

approve DOT–106 and DOT–110 

designs created significant disruption 

for a packaging manufacturer and their 

customers. As a result, PHMSA 

expended resources to develop and 

issue a Special Permit 6 to allow the 

construction and use of these 

packagings to avoid disruption to 

commercial activities caused by the 

TCC’s decision not to complete the role 

assigned to them in § 179.3. PHMSA 

and FRA are also concerned that the 

current system allows TCC to regulate 

entry to the market by controlling the 

approval process. Major tank car and 

service equipment (e.g., valve) 

manufacturers are represented on the 

TCC. This creates a potential conflict of 

interest for the TCC when considering 

approval applications from firms that 

compete with companies its members 

represent. PHMSA and FRA have 

determined that due to unaddressed 

issues in the AAR TCC approval 

process, a recent history of a decision 

not to perform the role assigned in the 

HMR, and the potential for incumbent 

tank car industrial concerns to impact 

entry of competitors into the 

marketplace, we can no longer justify 

delegating authority for tank car design 

approval to the AAR TCC. 

PHMSA and FRA expect that costs for 

reviewing and approving tank car 

designs will decrease by removing the 

single-source approval and the barriers 

of entry to the business of tank car 

design approval. The implementation of 

the proposed tank car DCE program will 

maintain at least an equivalent level of 

safety of tank car design by ensuring 

tank car DCEs maintain and adhere to a 

detailed written procedure to evaluate 

the compliance of a tank car design with 

the HMR’s tank car specification and 

usage requirements. PHMSA and FRA 

will be able to exert substantially greater 

oversight over tank car DCEs than the 

AAR TCC, both through the 

modification, suspension, and 

termination procedures proposed in this 

NPRM, as well as through the civil and 

criminal penalty procedures applicable 

to all persons who perform activities 

subject to the HMR through 49 CFR 

parts 107, 109, and 49 U.S.C. 5123– 

5124. 

PHMSA, in conjunction with our 

highway modal partner FMCSA, has 

experience overseeing a DCE program 

for the design approval of bulk 


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hazardous materials packages intended 

for highway transportation through the 

existing cargo tank DCE program. This 

experience makes us confident that 

private sector engineers, operating 

under governmental oversight through a 

registration program, can safely and 

effectively review a package (i.e., a tank) 

design and ensure it complies in all 

respects with the relevant design 

requirements of the HMR. PHMSA and 

FRA intend to maintain direct oversight 

on the tank car design process through 

regular audits of tank car DCEs and 

reserve the right to terminate a tank car 

DCE registration for cause. Causes for 

registration termination include: (1) 

because of a change in circumstances 

the registration is no longer needed or 

would no longer be granted if applied 

for; (2) the application contained 

inaccurate or incomplete information 

and it would not have been granted had 

accurate and complete information been 

provided; (3) the application contained 

deliberately inaccurate or incomplete 

information; or (4) the registration 

holder knowingly violated the terms of 

the registration or an applicable 

requirement of 49 CFR Chapter I in a 

manner demonstrating lack of fitness to 

conduct the activity for which the 

registration is required. PHMSA 

emphasizes that criteria (4) can be used 

to bring enforcement action and 

potential modification, suspension, or 

termination proceedings against a tank 

car DCE who fails to maintain and 

follow an adequate written procedure 

that is used to verify conformance with 

the requirements of the HMR. See 

‘‘Section IV. Section 107.911’’ for 

additional information on the 

termination of a tank car DCE 

registration. 

By clearly describing the processes 

and procedures that the DCE must 

follow to approve a tank car design, 

PHMSA and FRA expect a high level of 

safety for tank car designs will be 

maintained. PHMSA proposes to require 

the DCE to review the same information 

and drawings currently required in the 

AAR Form 4–2. This commonality with 

existing design records is intended to 

minimize disruption during the 

transitional period and maximize tank 

car and service equipment manufacturer 

and DCE familiarity with the required 

documentation. The requirements 

proposed in §§ 179.3 and 179.5 are 

intended to create an accountable, 

auditable, criteria-based tank car design 

approval system that is more 

transparent to government oversight 

than the current system. The proposed 

requirements in §§ 179.3 and 179.5 are 

primarily based on the requirement for 

a tank car DCE to develop, maintain, 

and adhere to a written procedure 

describing the process used to verify a 

tank car or service equipment’s design 

with the requirements of the HMR. This 

detailed procedure must include 

acceptance and rejection criteria for 

each tank car or service equipment 

design element approved by the DCE, 

which demonstrate the tank car or 

service equipment will meet the 

requirements of part 179 and retain the 

hazardous contents of the packaging in 

all normal conditions of transportation 

for the designed life of the packaging. 

PHMSA and FRA investigators and 

engineers will evaluate the detailed 

procedures during periodic audits to 

ensure the procedures adequately 

maintain compliance with part 179, and 

that the DCE is following the 

procedures. These general procedural 

requirements proposed in §§ 179.3 and 

179.5 will allow tank car DCEs to 

determine the most efficient workflow 

for their business needs, while 

providing a clear basis for evaluation of 

a tank car DCE’s procedures. These 

standards also provide a clear 

framework for PHMSA and FRA to 

conduct audits and determine whether 

lapses in a tank car DCE’s performance 

warrant the issuance of a Notice of 

Probable Violation, or, in serious cases, 

initiation of modification, suspension, 

or termination proceedings. 

The DCE registration program also 

may facilitate greater technological 

advancements in tank car and service 

equipment designs by facilitating greater 

access to tank car and service 

equipment design certification services. 

The proposed rule would enable other 

entities to approve tank car designs, 

potentially leading to more processing 

of innovative designs that meet the 

existing performance standards and 

their subsequent use in the 

transportation arena. In addition, 

opening these services up to other 

entities—rather than maintain the 

design approval process solely with 

AAR TCC—may increase competition 

within the industry as additional DCEs 

are registered and begin to provide tank 

car design approvals. This competition 

is expected to result in potential cost 

reductions for the regulated community. 

To adequately oversee tank car DCEs, 

PHMSA and FRA propose to require 

that each DCE register with PHMSA and 

provide information on the types of 

design reviews the DCE will conduct. 

This will allow PHMSA and FRA to 

audit DCEs to ensure they are properly 

reviewing each tank car or service 

equipment design and only issuing 

approvals to those designs that meet the 

requirements of part 179. Each DCE 

must develop procedures, including 

acceptance and rejection criteria for the 

approval process, which demonstrate 

that the tank car or service equipment 

will meet the requirements of part 179 

and the design level of reliability and 

safety for the hazardous materials 

service for which the tank car is 

intended. The registration requirement 

is necessary to assist PHMSA and FRA 

in performance of their oversight 

responsibilities to ensure all tank car 

DCEs are performing their design 

reviews with appropriate rigor, and thus 

that tank car designs are suitable for 

hazmat transportation. See discussion in 

section ‘‘Section II.B.5 Tank Car Facility 

and Design Certifying Engineer 

Registration’’ for additional details on 

the proposed registration program. 

Therefore, PHMSA proposes to 

remove reference to AAR approval for 

tank car designs wherever it appears in 

the subchapter. A DCE registered with 

PHMSA would fill the tank car design 

approval role currently delegated to the 

AAR. Authorizing qualified individuals, 

registered with PHMSA, to review and 

certify tank car designs under PHMSA 

and FRA oversight will increase the 

level of safety provided by the HMR 

while increasing design review 

efficiency for the tank car design and 

manufacturing community. Finally, 

PHMSA notes this would not exclude 

the AAR staff or TCC members from 

registering as DCEs to continue to 

perform these approvals; however, it 

removes exclusive delegation and opens 

the market to all those who are 

qualified. AAR TCC may continue to 

provide approval services commercially, 

provided they register with PHMSA and 

follow the same requirements proposed 

in this NPRM that other tank car DCEs 

must follow. 

3. Tank Car Facility Quality Assurance 

Program 

Tank car facilities, as defined in 

§ 179.2, are required to have a QAP 

that—among other items—has the 

means to detect non-conformities in the 

tank car manufacturing, repair, 

inspection, testing, and qualification or 

maintenance processes. Currently, each 

tank car facility’s QAP must meet the 

requirements of § 179.7, which requires 

that the QAP be approved by the AAR. 

In this rulemaking, PHMSA proposes to 

remove the requirement that AAR 

approve a tank car facility’s QAP. As a 

substitute, we propose to replace this 

requirement with a requirement that 

tank car facilities must register with 

PHMSA, certify that they maintain a 

QAP that meets the requirements of 

§ 179.7, and include an executive 

summary of their QAP with their 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85595 

7See NTSB Safety Recommendation R–88–063: 

https://www.ntsb.gov/investigations/Accident

Reports/_layouts/ntsb.recsearch/Recommendation.

aspx?Rec=R-88-063. 8 58 FR 48485 (Sep. 16, 1993). 

9 60 FR 49048 (Sep. 21, 1995). 

10 61 FR 33250 (Jun. 26, 1996). 11https://apnews.com/article/explosionsbusiness-1aa330c562c393a74421e4a90b9394db. 12https://www.justice.gov/usao-wy/pr/wasatchrailroad-contractors-and-its-chief-executive-officersentenced-wire-fraud-and. 

registration statement. As proposed, the 

registration program will improve safety 

through increased PHMSA and FRA 

situational awareness of tank car facility 

activities and provide mechanisms to 

address non-compliance. PHMSA 

proposes to allow modification, 

suspension, or termination of a tank car 

facility registration for the following 

causes: (1) because of a change in 

circumstances, that the registration is no 

longer needed or would no longer be 

granted if applied for; (2) the 

application contained inaccurate or 

incomplete information and it would 

not have been granted had accurate and 

complete information been provided; (3) 

the application contained deliberately 

inaccurate or incomplete information; or 

(4) the registration holder knowingly 

violated the terms of the registration or 

an applicable requirement of 49 CFR 

Chapter I in a manner demonstrating 

lack of fitness to conduct the activity for 

which the registration is required. 

PHMSA emphasizes that criteria (4) 

above can be used to bring enforcement 

action and initiate modification, 

suspension, and termination 

proceedings against a tank car facility 

that fails to adhere to their QAP. A tank 

car facility’s failure to adhere to a QAP 

could create unacceptable risks in the 

rail system and may cause unsafe tank 

cars to enter transportation. 

The creation of the QAP requirement 

for tank car facilities was initiated based 

on a National Transportation Safety 

Board (NTSB) safety recommendation 

(R–88–63) 7 issued in response to a 

September 8, 1987, incident involving 

the release of butadiene from a tank car 

in New Orleans, Louisiana. In 1993, the 

Research and Special Programs 

Administration (RSPA)—PHMSA’s 

predecessor agency—proposed the 

creation of the QAP requirement and 

definition of tank car facility in an 

NPRM (HM–201).8 The primary intent 

of this requirement—as discussed in the 

preamble of HM–201—is to ensure each 

tank car manufacturing or repair facility 

has procedures in place to detect any 

nonconformity in the tank car 

manufacturing, maintenance, or repair 

process and has the means to prevent its 

recurrence. 

In 1995, RSPA created the definition 

for the term ‘‘tank car facility’’ and a 

requirement for each tank car facility to 

maintain a QAP meeting the 

requirements of § 179.7 in final rule 

HM–175A and HM–201,9 and made 

minor revisions to the requirements in 

a 1996 HM–175A and HM–201 

corrections final rule.10 The 

requirements of § 179.7 have not been 

modified substantively since. 

PHMSA and FRA have found that the 

requirement for only AAR to review and 

approve each tank car facility’s QAP 

creates an undue cost burden on the 

facility and creates delays in approving 

facility operation that hinder commerce. 

Additionally, PHMSA and FRA’s 

experience auditing tank car facilities 

with QAPs approved by AAR TCC have 

revealed significant compliance issues 

with the current QAP approval process. 

For example, PHMSA and FRA have 

knowledge that on at least one 

occasion—over the course of many 

months—AAR did not take action on a 

facility that failed AAR Bureau of 

Explosives QAP audits. These negative 

findings demonstrated the facility’s 

failure to maintain an effective QAP 

and, therefore, the company’s inability 

to safely perform their tank car 

qualification functions as required by 

the HMR. Specifically, AAR did not take 

action to remove the certification of a 

tank car facility in Shoshone, Wyoming, 

(Wasatch Railroad Contractors) that had 

failed multiple QAP audits. This 

inaction allowed the facility to continue 

to operate without an effective QAP. 

FRA and PHMSA raised concerns that 

AAR has not adopted procedural 

changes to prevent this type of failure 

(e.g., by immediately addressing 

findings) from recurring. Subsequently, 

on April 22, 2021, two employees were 

killed in an explosion while working 

inside a tank car.11 FRA and PHMSA 

believe corrective action by AAR and 

the facility may have prevented such an 

incident by not allowing continued 

work on tank cars. In 2022, the owner 

of Wasatch Railroad Contractors was 

found guilty of five counts of wire fraud 

and one count of knowing 

endangerment for knowingly exposing 

employees to asbestos and placing them 

in imminent danger of death or serious 

bodily injury.12

Additionally, as part of AAR TCC’s 

current QAP approval process, AAR 

requires that tank car facilities bear the 

expense on an initial certification audit 

and annual recertification audits 

thereafter. The initial certification 

process often takes several months, and 

the tank car facility has no recourse 

under the current HMR requirements 

but to accept AAR’s timeline and fees. 

Additionally, the audit process does not 

increase the level of safety 

commensurate with the costs and delays 

it imposes. FRA inspectors regularly 

find violations of the HMR at facilities 

that AAR authorizes to operate through 

the current QAP approval process. FRA 

issues findings, tickets, and notices of 

probable violation to tank car facilities 

when it discovers non-compliance. 

When violations are systemic or 

significant, FRA uses its railworthiness 

authority to address similarly situated 

cars or fleets of cars. 

Therefore, PHMSA and FRA propose 

to remove the requirement that tank car 

facilities submit their QAPs for approval 

to AAR and replace it with a 

requirement that each tank car facility 

register with PHMSA and certify that it 

has created and is maintaining a QAP 

that meets the requirements of § 179.7. 

As part of the registration requirement, 

PHMSA and FRA propose that the 

registrant must submit an executive 

summary of its QAP, demonstrating 

compliance with the elements required 

in § 179.7(b). Facilities may submit 

certifications from outside 

organizations, such as an external 

auditor, to serve as the executive 

summary or submit their own executive 

summary documents. PHMSA will 

administer the registration program for 

facilities, and FRA—in conjunction with 

PHMSA—will oversee tank car facility 

QAPs through regular facility 

compliance audits. PHMSA and FRA 

have limited oversight and control over 

the current AAR approval process for 

tank car facility QAPs. However, the 

observations that have been conducted, 

coupled with our enforcement oversight 

of the tank car fleet, provide PHMSA 

and FRA with significant concerns that 

the current system of AAR audits 

provides limited safety benefits 

compared to the burdens imposed. 

PHMSA and FRA expect the registration 

program combined with regular 

compliance audits by government 

personnel will maintain an equivalent 

or greater level of safety to the current 

requirements while reducing 

administrative delays caused by the 

AAR process. PHMSA and FRA 

emphasize that adhering to a rigorous 

QAP is critical for a tank car facility to 

ensure that the tank cars qualified for 

service at the facility meet the 

requirements of the tank car’s 

specification and regulations. See 

‘‘Section II.B.5. Tank Car Facility and 

Design Certifying Engineer Registration’’ 

for additional details on the proposed 

registration program. 


lotter on DSK11XQN23PROD with PROPOSALS2
85596 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

13https://www.regulations.gov/document/ 

PHMSA-2022-0130-0001. 

14See Letter of Interpretation Reference No. 19– 

0117: https://www.phmsa.dot.gov/regulations/ 

title49/interp/19-0117. 

PHMSA recognizes that this topic is 

the subject of an open petition P–1770 13

submitted by AAR on October 21, 2022. 

This petition requests the removal of the 

AAR approval requirement for QAPs in 

accordance with § 179.7. The AAR 

petition requests that PHMSA replace 

AAR approval of QAPs with a 

requirement for tank car facilities to 

comply with an industry standard 

known as ‘‘AAR M–1003—Specification 

for Quality Assurance.’’ As described 

above, PHMSA believes that a 

performance-based approach to QAPs— 

along with registration with the 

Department and self-certification—is the 

best option. Our proposal allows for the 

use of accepted industry standards for 

quality assurance programs to meet the 

proposed safety requirements, but does 

not mandate one standard over another. 

This allows tank car facilities to 

implement the performance elements in 

the most appropriate manner for their 

operations. Therefore, in this NPRM, 

PHMSA is not proposing to incorporate 

by reference AAR M–1003 into § 179.7. 

PHMSA will consider any comments on 

this topic with respect to this NPRM as 

it evaluates petition P–1770. 

4. Tank Car Facility Definition 

PHMSA and FRA are aware that there 

is uncertainty in the tank car 

community related to the scope of the 

definition of ‘‘tank car facility.’’ This 

uncertainty impacts both tank car 

shippers and tank car manufacturers 

(including service equipment 

manufacturers). On October 8, 2019, 

PHMSA, in conjunction with FRA, 

issued Letter of Interpretation Reference 

No. 19–0117 14 addressing the definition 

of ‘‘tank car facility.’’ PHMSA proposes 

to revise the definition of ‘‘tank car 

facility’’ consistent with Letter of 

Interpretation Reference No. 19–0117 so 

that the definition applies only to the 

facility that qualifies the tank car for 

service. That is, for example, an 

equipment manufacturer of a pressure 

valve used in the construction of a tank 

car is not a tank car facility solely on the 

basis of manufacturing a component 

part of a specification tank car. The 

determining factor on the applicability 

of the ‘‘tank car facility’’ definition is 

whether the facility qualifies a tank car 

for service. The tank car facility that 

qualifies the tank car for service is 

responsible for ensuring the conformity 

of the entire tank car, including service 

equipment, with the approved 

specification. Additionally, PHMSA 

proposes to revise the definition of 

‘‘service equipment’’ in § 180.503 to 

clarify what constitutes ‘‘service 

equipment’’ consistent with our 

expectations in revising the definition of 

a tank car facility. Service equipment is 

pressure or lading retaining equipment. 

Examples include pressure relief 

devices, valves, manway covers, devices 

used for loading and unloading, interior 

heating coils, and vents. 

To address the community of tank car 

shippers: PHMSA’s and FRA’s position, 

as reflected in the proposed definition, 

is that the removal of service equipment 

from the tank car and replacement or reinstallation of the service equipment is 

a qualification event and triggers the 

need for a leakage pressure test (see 

§ 180.509(j)) to verify the tank car is leak 

tight at the connection. These functions 

must be conducted by a tank car facility, 

as defined in part 179, because the 

service equipment requires a leakage 

pressure test to ensure the connection to 

the tank car is qualified for its intended 

service. A leakage pressure test is a 

qualification event and must be 

performed by a tank car facility. Any 

action that triggers a qualification event 

requires a tank car facility to perform 

the qualification prior to placing the 

tank car into transportation. However, to 

be clear, a facility that only operates 

service equipment for loading and 

unloading purposes is not a tank car 

facility. 

To address the community of tank car 

component manufacturers, repair 

facilities and manufacturers: PHMSA’s 

and FRA’s position, as reflected in the 

proposed definition, is that a facility 

that only manufactures, maintains, or 

repairs service equipment is not a tank 

car facility. The facility that qualifies 

the completed tank car for service after 

installation of the service equipment is 

the tank car facility. The facility that 

qualifies the tank car for service is 

responsible for ensuring the compliance 

of the packaging with the requirements 

of part 179, even those functions that 

they did not directly perform (e.g., 

manufacturing a valve). The tank car 

facility’s QAP must encompass all work 

done on the tank car and its components 

prior to qualification of the tank car. 

Tank car facilities that meet the 

proposed revised definition of tank car 

facility in § 179.2 must have the 

knowledge and skill to ensure 

appropriate conformance with the 

requirements of parts 179 and 180. As 

qualification is the final step in the tank 

car manufacturing or maintenance 

process, only requiring the facilities that 

qualify tank cars (i.e., facilities that have 

the ‘‘last touch’’) to have a QAP reduces 

this requirement to a small subset of the 

total number of facilities that perform 

work related to tank cars, while still 

maintaining the high level of safety 

under the HMR. PHMSA and FRA 

emphasize the scope of the definition of 

‘‘qualification’’ remains unchanged. 

Therefore, as proposed, tank car 

shippers and component suppliers are 

not subject to the administrative 

burdens associated with the creation 

and maintenance of QAPs, unless they 

perform qualification activities (e.g., 

removal and replacement of a valve or 

other service equipment on a tank car). 

PHMSA and FRA emphasize that all 

facilities that perform a function subject 

to the HMR are responsible for 

performing it correctly and in 

conformance with all applicable 

requirements, regardless of whether 

they meet the definition of a ‘‘tank car 

facility.’’ 

Tank car facilities are responsible for 

ensuring all material installed onto the 

tank car meets the requirements of the 

specification and the regulations at the 

time the tank car is qualified for service. 

PHMSA and FRA understand that longstanding policy in the tank car industry 

had required tank car component 

manufacturers to maintain AARapproved QAPs. This policy was 

confirmed in previously issued (and 

since revoked) PHMSA Letters of 

Interpretation Reference Nos. 15–0124 

and 18–0029. While these letters are no 

longer valid, and have not been valid 

since 2019, at the time they were 

written they aligned with generally 

accepted industry practice and 

addressed a safety issue created by 

production of valves and other tank car 

service equipment by unapproved subcontractors without adequate oversight. 

As proposed in this NPRM, the facility 

that qualifies the tank car for service is 

responsible for ensuring the tank car 

and all equipment necessary for the tank 

car’s operation meets the applicable 

requirements of the HMR and any other 

applicable standards. 

5. Tank Car Facility and Design 

Certifying Engineer Registration 

As previously discussed, PHMSA and 

FRA propose to require that tank car 

facilities and tank car DCEs register with 

PHMSA prior to conducting regulated 

activities. PHMSA and FRA expect that 

a registration program for both tank car 

facilities and tank car DCEs is a more 

efficient alternative for the tank car 

industry while providing at least an 

equivalent level of safety. Direct 

monitoring of registered tank car 

facilities and tank car DCEs through site 

visits and audits will maintain the 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85597 

15See NTSB Safety Recommendation R–12–007: 

https://www.ntsb.gov/safety/safety-recs/_layouts/ 

ntsb.recsearch/Recommendation.aspx?Rec=R-12- 

007. 

16See NTSB Safety Recommendation R–12–009: 

https://www.ntsb.gov/safety/safety-recs/_layouts/ 

ntsb.recsearch/Recommendation.aspx?Rec=R-12- 

009. 

existing safety standards established in 

the HMR. 

Therefore, PHMSA, in conjunction 

with FRA, proposes to create subpart J 

in part 107 for tank car facility and tank 

car DCE registration. The creation of a 

tank car facility registration program 

was agreed to in the RSAC process; 

however, PHMSA proposes to 

implement the tank car facility 

registration program in a format 

different than what appears in the RSAC 

consensus recommendations. In the 

RSAC proposal, the tank car facility 

registration was added to the existing 

cargo tank facility registration subpart 

(i.e., part 107, subpart F). After 

reviewing the RSAC proposal, PHMSA 

and FRA have determined that it would 

be confusing to both the cargo tank and 

tank car communities to attempt to 

insert tank car-specific facility and DCE 

registration language into part 107, 

subpart F. PHMSA proposes to place the 

tank car facility and tank car DCE 

registration requirements in a new 

subpart to reduce confusion and 

highlight the tank car-specific nature of 

these programs. However, some of the 

proposed language is similar to the part 

107, subpart F requirements for cargo 

tanks and cargo tank motor vehicles. 

For tank car facilities, PHMSA 

proposes to require that each facility, i.e. 

each separate physical location with a 

unique street address, submit a separate 

registration. This will allow PHMSA 

and FRA to oversee each facility that 

qualifies tank cars more effectively by 

establishing the physical addresses and 

activities of each facility. Each 

registration statement must be signed by 

a principal, officer, partner, or employee 

of the facility responsible for 

compliance with the applicable 

requirements of the HMR, certifying 

knowledge of those requirements. In 

their registration statement, each tank 

car facility must list the qualification 

functions the tank car facility will 

perform and identify the types of DOT 

specification or special permit tank cars 

they intend to qualify. 

For DCEs, PHMSA proposes to require 

each person, as defined in § 171.8, who 

conducts review of a tank car or service 

equipment design must register with 

PHMSA. Each engineer employed to 

conduct the design reviews must be 

individually named in the registration 

and will receive a unique, separate 

identifier associated with the company’s 

DCE registration. If an engineer is 

employed as a DCE to conduct design 

reviews of tank cars or service 

equipment and begins operating as a 

DCE for another company, or as selfemployed, then the engineer must 

inform PHMSA and will then receive a 

new registration number. 

PHMSA also proposes the ability to 

modify, suspend, or terminate both tank 

car facility and tank car DCE 

registrations for cause in new § 107.911. 

Further, procedures for a tank car 

facility or DCE to follow to request 

reconsideration and appeal a decision to 

modify, suspend, or terminate a 

registration are proposed in new 

§§ 107.913 and 107.915, respectively. 

Modification, suspension, and 

termination determinations for tank car 

facility and DCE registrations will be 

made by the Associate Administrator for 

Safety, FRA. Similarly, requests for 

reconsideration must also be submitted 

to the Associate Administrator for 

Safety, FRA, and appeal of the 

reconsideration decision to the FRA 

Administrator. 

6. AAR Specifications for Tank Cars 

Incorporation by Reference 

The AAR has developed a 

comprehensive industry standard for 

the construction and maintenance of 

tank cars, the AAR Manual of Standards 

and Recommended Practices, Section 

C—III, Specifications for Tank Cars, 

Specification, M–1002 (AAR 

Specifications for Tank Cars). Currently, 

§ 171.7 incorporates by reference the 

December 2000 edition of the AAR 

Specifications for Tank Cars throughout 

parts 173 (Shippers-General 

Requirements for Shipments and 

Packagings), 179 (Specifications for 

Tank Cars), and 180 (Continuing 

Qualification and Maintenance of 

Packagings). In many sections, 

especially in part 179, the HMR only 

references a specific section, such as an 

appendix, of the document. To clarify 

the IBR structure of M–1002, the RSAC 

agreed to separately list the individual 

chapters and appendices of the of AAR 

Specifications for Tank Cars in the 

HMR’s consolidated IBR section 

(§ 171.7). This will clearly denote to the 

reader the relevant chapter or appendix 

of the document that applies in a 

particular section of the HMR. This 

change will also provide PHMSA and 

FRA greater flexibility when 

incorporating by reference future 

editions of the standard. For example, if 

PHMSA and FRA do not concur on the 

content of a particular chapter or 

appendix, it would not prevent other 

chapters or appendices from being 

incorporated by reference. 

The RSAC also agreed to update the 

standard from the December 2000 

edition to the November 2014 edition. 

The 2014 edition of the AAR 

Specifications for Tank Cars also 

addresses NTSB Safety 

Recommendation R–12–007,15 issued 

on March 2, 2012. R–12–007 

recommends that PHMSA adopt AAR’s 

revised design standards for center sill 

and draft sill attachments. AAR 

redesigned center and draft sill 

attachments in response to NTSB Safety 

Recommendation R–12–009.16 Chapter 

6 of the 2014 edition of the AAR 

Specifications for Tank Cars, which is 

proposed for adoption into § 179.10, 

includes the new sill attachment 

standards for newly built tank cars. 

Therefore, the proposed IBR update 

helps PHMSA address NTSB Safety 

Recommendation R–12–007. 

This NPRM proposes to update the 

IBR of the AAR Specifications for Tank 

Cars to the 2014 edition and to 

incorporate by reference separately each 

relevant chapter and appendix, as 

agreed to in the RSAC process. Due to 

the proposed removal of AAR’s sole 

process for review and approval of tank 

car designs, certain appendices and 

sections are no longer necessary to IBR. 

Several appendices and sections that 

require designs and QAPs to be sent to 

AAR for approval would no longer be 

relevant (see ‘‘Section II.B.2. Tank Car 

Design Approval). Therefore, PHMSA 

does not propose to IBR Appendix B, 

Appendix L, and Appendix U of the 

AAR Specifications for Tank Cars into 

the HMR. 

Additionally, PHMSA proposes to 

update the edition of the AAR Manual 

of Standards and Recommended 

Practices, Section C—II Specifications 

for Design, Fabrication and Construction 

of Freight Cars, Chapter 5 to the 2011 

edition from the 1988 edition, as agreed 

in RSAC. 


lotter on DSK11XQN23PROD with PROPOSALS2
85598 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

17See Letter of Interpretation Reference No. 19– 

0117: https://www.phmsa.dot.gov/regulations/ 

title49/interp/19-0117. 

18 77 FR 37962 (Jun. 25, 2012). 

PHMSA proposes to IBR the 2014 

edition of the AAR Manual of Standards 

and Recommended Practices, Section 

C—III, Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars) Chapter 2, 

section 2.2.1.2 into § 179.102–3. This 

proposed amendment creates an HMR 

requirement for shell and head material 

Charpy impact testing at time of 

manufacture for pressure tank cars that 

transport poisonous-by-inhalation 

material. Because this requirement has 

been in place through AAR interchange 

standards since 2005, PHMSA expects 

there will be no additional burden 

placed on tank car manufacturers. This 

proposed IBR also addresses NTSB 

Safety Recommendation R–19–001, 

which requests that PHMSA promulgate 

a final standard for pressure tank cars 

used to transport poison inhalation 

hazard/toxic inhalation hazard materials 

that includes enhanced fracture 

toughness requirements for tank heads 

and shells. 

PHMSA proposes to incorporate by 

reference the 2014 edition of the AAR 

Manual of Standards and Recommended 

Practices, Section C—III, Specifications 

for Tank Cars, Specification M–1002 

(AAR Specifications for Tank Cars) 

Chapter 3, into §§ 173.241, 173.242, and 

173.247. Chapter 3 contains the 

requirements for manufacturing AAR 

specification tank cars. Sections 

173.241, 173.242, and 173.247 are the 

packaging sections that authorize the 

use of AAR specification tank cars. 

Currently, these sections reference 

specific AAR specification tank cars, but 

provide no information as to how these 

cars are constructed, or what version of 

the AAR Specifications for Tank Cars 

they must meet. Incorporating by 

reference only Chapter 3 into these 

sections ensures that AAR specification 

tank cars are manufactured to a standard 

that PHMSA and FRA have reviewed 

and determined is acceptable for 

hazardous materials transportation. If 

the specifications of the AAR tank cars 

referenced in §§ 173.241, 173.242, and 

173.247 are ever changed in a future 

edition of the AAR Specifications for 

Tank Cars, PHMSA and FRA will need 

to review the revised specifications 

before authorizing the tank cars for 

hazardous material service. 

Incorporation by reference of a specific 

edition of the AAR Specifications for 

Tank Cars in §§ 173.241, 173.242, and 

173.247 ensures PHMSA will be able to 

review any future changes to the 

construction specification prior to 

authorizing the new specification for 

hazardous materials transportation. 

Finally, PHMSA proposes to correct 

an error in the HMR and RSAC’s 

proposed IBR text. Currently, the HMR 

incorporates by reference the AAR 

Manual of Standards and Recommended 

Practices, Section C—III, Specifications 

for Tank Cars, Specification M–1002 

(AAR Specifications for Tank Cars), 

Chapter 6, November 2014 in § 179.400– 

6. This citation is incorrect; the correct 

IBR document for design loads of outer 

jackets is AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication 

and Construction of Freight Cars, 

Chapter 6. Therefore, PHMSA proposes 

to IBR Section C—II, Chapter 6 into 

§ 179.400–6. 

7. Tank Car Linings and Coatings 

The HMR prescribes requirements for 

the inspection of tank car linings in 

§ 180.509(i). On May 22, 2019, the 

Railway Supply Institute (RSI) 

requested a Letter of Interpretation on 

the applicability of the inspection 

requirements of § 180.509(i). 

Specifically, RSI asked whether linings 

and coatings solely used to protect 

product purity (i.e., the lining or coating 

plays no role in protecting the tank from 

corrosion or reactivity) are subject to the 

inspection requirements of § 180.509(i). 

In Letter of Interpretation Reference 

No. 19–0117,17 PHMSA and FRA 

provided clarification on inspection 

requirements for linings and coatings. 

Specifically, the requirements of 

§ 180.509(i) apply only to internal tank 

car linings and coatings that are applied 

to protect the tank from a material that 

is corrosive or reactive to the tank. As 

noted in the preamble of the final rule 

HM–216B, 18 PHMSA and FRA are 

aware of incidents where a material was 

loaded into a tank car with a defective 

or incompatible lining which caused a 

reaction with the tank car. In these 

instances, the tank lining owners 

expected the lining was there to protect 

product purity when in fact it served to 

protect the tank. It is the responsibility 

of the tank lining owner to determine 

whether the internal lining or coating is 

solely for product purity purposes. 

To address confusion on the 

applicability of tank car lining and 

coating inspections, PHMSA proposes 

an editorial revision of the requirements 

of § 180.509(i)(1), adding the phrase 

‘‘used to transport hazardous materials 

corrosive or reactive to the tank’’ to the 

second sentence of (i)(1). The proposed 

revision clearly indicates that tank car 

linings and coatings are only subject to 

the inspection requirements of part 180 

if they are used to protect the tank from 

material corrosive or reactive to the 

tank. PHMSA expects that this 

clarification will improve compliance 

with this inspection requirement and 

therefore improve safety. PHMSA 

requests comment on this proposal. 

8. Editorial Revisions to §§ 180.501 and 

180.513 

Section 180.501 contains the general 

requirements for the qualification and 

maintenance of tank cars. In this NPRM, 

PHMSA proposes to replace the phrase 

‘‘owner’s qualification program’’ with 

‘‘owner’s qualification and maintenance 

program’’ to maintain alignment with 

the scope of part 180, subpart F, and the 

existing references to ‘‘qualification and 

maintenance program’’ in §§ 179.7 and 

180.513. 

Section 180.513 provides the 

requirements to repair, alter, convert, 

and modify tank cars. PHMSA, in 

conjunction with FRA, adopted this 

section into the HMR in HM–216B. 

Section 180.513(b) outlines 

responsibilities of a tank car facility. 

The last sentence in § 180.513(b) 

contains wording that does not 

communicate the requirement 

accurately. Specifically, at the end of 

paragraph (b), it currently states, ‘‘a tank 

car facility must incorporate the owner’s 

Quality Assurance Program into their 

own Quality Assurance Program.’’ The 

sentence contains an incorrect reference 

to an equipment owner’s QAP. Tank car 

owners are not subject to the part 179 

QAP requirements unless they also 

operate a tank car facility. The last 

sentence should make a general 

reference to a tank car owner’s 

qualification and maintenance program 

and not a QAP that is required of tank 

car facilities. The requirement should 

read, ‘‘a tank car facility must 

incorporate the owner’s qualification 

and maintenance program into their 

own Quality Assurance Program.’’ 

Therefore, PHMSA proposes to replace 

the first appearance of the phrase 

‘‘Quality Assurance Program’’ in the last 

sentence of § 180.513(b) with the phrase 

‘‘qualification and maintenance 

program.’’ 

C. Cargo Tank Regulatory Amendments 

PHMSA, in conjunction with the 

Federal Motor Carrier Safety 

Administration (FMCSA), developed 

proposed amendments specific to 

enhancing safe highway transportation 

of hazardous materials. A portion of the 

proposed items were initially identified 

during two technical information 

sessions sponsored by National Tank 

Truck Carriers, Inc. (NTTC) and Truck 

Trailer Manufacturer’s Association 


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19 81 FR 83190 (Nov. 21, 2016). 20See petition for rulemaking P–1667: https://

www.regulations.gov/document?D=PHMSA-2015- 

0219-0001. 

21See petition for rulemaking P–1668: https://

www.regulations.gov/document?D=PHMSA-2015- 

0251-0001. 

(TTMA) in 2005. During these meetings, 

PHMSA and FMCSA began developing 

a list of issues, concerns, and requests 

for clarifications to be considered in a 

future rulemaking. Moreover, PHMSA 

and FMCSA have identified numerous 

advancements in industry practice, as 

well as potential safety incidents, over 

the course of the past 17 years. This 

rulemaking aims to address the safety 

concerns raised by industry 

stakeholders. 

Additionally, PHMSA and FMCSA 

continue to review enforcement actions, 

letters of interpretation, and information 

received from cargo tank manufacturers 

and testing facilities, in efforts to 

identify appropriate revisions to the 

HMR. 

D. Cargo Tank Marking for Petroleum 

Distillate Fuels 

In an advance notice of proposed 

rulemaking (ANPRM) HM–213E,19

PHMSA addressed United Nations 

identification number (UN ID number) 

marking of cargo tank motor vehicles 

containing petroleum distillate fuels in 

response to a Protecting our 

Infrastructure of Pipelines and 

Enhancing Safety Act of 2016 (PIPES 

Act of 2016) Congressional mandate and 

two petitions for rulemaking (P–1667 20

and P–1668 21). The PIPES Act of 2016 

mandate stated that ‘‘[n]ot later than 90 

days after the date of enactment of this 

Act, the Secretary of Transportation 

shall issue an [ANPRM] to take public 

comment on the petition for rulemaking 

dated October 28, 2015, titled 

‘Corrections to Title 49 CFR 172.336 

Identification numbers; special 

provisions’ (P–1667).’’ 

The central issue addressed in the 

HM–213E ANPRM was whether a cargo 

tank motor vehicle transporting 

different types of petroleum distillate 

fuels (e.g., gasoline, diesel fuel, 

kerosene, and fuel oil) over the course 

of multiple trips should be permitted to 

display the UN ID number of the fuel 

with the lowest flash point, even when 

that fuel is not being transported (e.g., 

display ‘‘1203’’—the UN ID number for 

gasoline—when the cargo tank contains 

only diesel fuel). 

As detailed in table 1, PHMSA 

received 14 sets of comments to the 

HM–213E ANPRM. 

TABLE 1—HM–213E COMMENTERS AND ASSOCIATED COMMENT DOCKET NUMBERS

Commenter Docket ID number 

American Trucking Association (ATA) .................................................................................. PHMSA–2016–0079–0012 

Anonymous ............................................................................................................................ PHMSA–2016–0079–0003 

Commercial Vehicle Safety Alliance (CVSA) ........................................................................ PHMSA–2016–0079–0009 

Dangerous Goods Advisory Council (DGAC) ....................................................................... PHMSA–2016–0079–0010 

International Association of Fire Chiefs (IAFC) .................................................................... PHMSA–2016–0079–0008 

International Association of Fire Fighters (IAFF) .................................................................. PHMSA–2016–0079–0011 

Josh Torrez ........................................................................................................................... PHMSA–2016–0079–0002 

Kansas Highway Patrol ......................................................................................................... PHMSA–2016–0079–0005 

NTTC ..................................................................................................................................... PHMSA–2016–0079–0006 

Patriot Tank Lines, Inc. ......................................................................................................... PHMSA–2016–0079–0004 

Petroleum Marketers Association of America (PMAA) ......................................................... PHMSA–2016–0079–0013; PHMSA-2016-0079-0014 

Public Utilities Commission of Ohio ...................................................................................... PHMSA–2016–0079–0007 

Transportation Trades Department, American Federation of Labor and Congress of Industrial Organizations (AFL–CIO).PHMSA–2016–0079–0015 

ATA, CVSA, DGAC, Kansas Highway 

Patrol, Patriot Tank Lines, Inc., NTTC, 

and PMAA support allowing cargo tank 

motor vehicles that deliver multiple 

types of petroleum distillate fuels to 

display the UN ID number of the fuel 

with the lowest flash point, even when 

that fuel is not being transported. These 

organizations note that materials with a 

lower flash point generally have a 

higher flammability hazard, and 

therefore, conclude that marking the UN 

ID number of a lower flash point 

material would not increase risks in 

transportation. Additionally, these 

commenters note that the Emergency 

Response Guidebook (ERG) emergency 

response procedures are nearly identical 

for UN1203 (gasoline) and UN1202/ 

NA1993 (diesel fuel, fuel oil), and 

marking of a cargo tank with ‘‘1203’’ 

even when it only contains diesel fuel 

has been a safe industry practice for 

decades. PHMSA also notes that for 

other petroleum distillate fuels—such as 

UN1223 (kerosene)—the ERG also 

directs the reader to the same response 

procedures for UN1203 and UN1202/ 

NA1993. Lastly, the commenters note 

that switching the UN ID number before 

every trip to reflect the material 

transported in the cargo tank at the time 

would increase the time per trip and 

costs for fuel distributors. 

The IAFC, IAFF, Public Utilities 

Commission of Ohio, and 

Transportation Trades Department of 

the AFL–CIO do not support allowing 

cargo tank motor vehicles that deliver 

multiple types of petroleum distillate 

fuels to display the UN ID number of the 

fuel with the lowest flash point, even 

when that fuel is not being transported. 

These commenters state that emergency 

responders would treat an incident— 

including clean-up and spill 

mitigation—involving diesel fuel 

differently from gasoline, and the use of 

the gasoline ‘‘1203’’ marking in place of 

the diesel fuel ‘‘1202’’ or ‘‘1993’’ 

increases confusion and decreases 

response effectiveness. Specifically, first 

responders may use the presence (or 

lack) of a fire and communicated hazard 

to determine the potential dangers of the 

fuel in the immediate aftermath of an 

accident. Because ‘‘1203’’ signifies a 

material with a lower flashpoint than 

‘‘1202’’ or ‘‘1993’’ is present on the 

vehicle, the absence of a fire signifies 

that there may not be a fire hazard. 

However, when the higher flashpoint 

material is present, but only the lower 

flash point material is communicated on 

the vehicle, the absence of a fire may 

create a false sense of security for 

emergency responders, as they would be 

unaware that the fuel in the tank or 

spilled on the ground had not yet 

reached the higher flash temperature for 

diesel fuel. 

PHMSA conducted a thorough review 

of the regulatory history related to the 

UN ID number marking requirements for 

petroleum distillate fuels in cargo tanks 


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22 45 FR 74640 (Nov. 10, 1980). 

23 45 FR 74647 (Nov. 10, 1980). 

24 78 FR 14702 (Mar. 7, 2013). 

25See Letter of Interpretation Reference No. 14– 

0178: https://www.phmsa.dot.gov/regulations/ 

title49/interp/14-0178. 

26See DOT–SP 21104: https://

www.phmsa.dot.gov/hazmat/documents/offer/ 

SP21104.pdf/2021014464/SP21104. 

and concludes the origin of the 

confusion on this issue dates to final 

rule HM–118.22 In HM–118, RSPA 

added new hazard marking sections 

including § 172.332 for requirements on 

the display of UN ID numbers, § 172.334 

for the prohibited display of UN ID 

numbers, and § 172.336 for special 

provisions and exceptions of UN ID 

numbers. In § 172.336, RSPA added two 

exceptions for the marking of UN ID 

numbers for a cargo tank transporting 

liquid distillate fuels, which read as 

follows: 

(c) Identification numbers are not required 

— 

* * * * * 

(4) For different liquid distillate fuels, 

including gasoline, in a compartmented cargo 

tank or tank car, if the identification number 

is displayed for the distillate fuel having the 

lowest flash point. 

(5) For each of the different liquid distillate 

fuels, including gasoline, transported in a 

cargo tank, if the identification number 

displayed is for the liquid distillate fuel 

having the lowest flash point. 

* * * * * 

In the final rule preamble,23 RSPA 

described the intent of the exception in 

§ 172.336(c)(5) as: 

Paragraph (c)(5) provides for display of the 

identification number of the liquid distillate 

fuel having the lowest flash point of any 

liquid distillate fuel carried in a cargo tank. 

This provision will eliminate the need for 

continuous changes in identification 

numbers in many operations where gasoline 

and fuel oil are transported in the same cargo 

tank on different trips during the same day. 

While RSPA stated that the intent of 

this exception would address moving 

gasoline and other petroleum distillate 

fuels in the same cargo tank on different 

trips on the same day, this was not 

reflected in the regulatory text. 

Although the time frame for use of this 

exception was not explicitly written in 

the regulatory text, the preamble 

language makes it is clear that the 

exception in § 172.336(c)(5) was not 

limited to multi-compartmented tanks 

carrying multiple petroleum distillate 

fuels at the same time. Specifically, if 

§ 172.336(c)(5) only applied to 

compartmented cargo tanks that 

transported multiple liquid distillate 

fuels at the same time, § 172.336(c)(4) 

would be duplicative. Therefore, 

PHMSA concludes that RSPA intended 

§ 172.336(c)(5) to authorize a cargo tank 

to display the UN ID number of the 

petroleum distillate fuel with the lowest 

flash point transported in that cargo 

tank on different trips within the same 

day, and not based on each individual 

trip. 

Furthermore, RSPA’s intent of this 

regulatory exception was reiterated in 

1996 and 2000, with Letter of 

Interpretation Reference Nos. 96–0079 

and 00–0208. In these interpretation 

letters, RSPA clearly stated that the 

exception in § 172.336(c)(5) allowed 

cargo tanks that previously transported 

gasoline (UN1203) and were 

subsequently transporting only diesel 

fuel (NA1993/UN1202) to be marked 

with ‘‘1203.’’ 

As discussed in the HM–213E 

ANPRM, § 172.336(c)(5) was updated in 

1987 and 2008 to address specific 

concerns related to increased ethanol 

content in certain fuels that required 

different emergency response 

procedures, but the basic structure of 

the paragraph was not changed. Further, 

in 2013, PHMSA published final rule 

HM–219,24 which amended the HMR in 

response to various petitions for 

rulemaking. In HM–219, PHMSA 

removed the reference to ‘‘gasohol’’ in 

§ 172.336, as the Hazardous Materials 

Table (HMT) entry for this material was 

removed in 2008. In addition, PHMSA 

replaced §§ 172.336(c)(1)–(6) with a 

table to ‘‘more clearly indicate hazard 

communication requirements.’’ In this 

new table, PHMSA added paragraphs 

(c)(1)–(3) and (c)(6) as individual entries 

but combined the language in 

paragraphs (c)(4) and (5) into a single 

entry. The impact of combining the 

provisions of paragraphs (c)(4) and (5) 

was that the historical context for the 

original meaning of paragraph (c)(5) was 

lost. As this revision in HM–219 was an 

attempt at clarification, it was not 

PHMSA’s intent to change the 

exceptions substantively for marking of 

UN ID numbers on cargo tanks. 

On June 26, 2015, PHMSA published 

an additional Letter of Interpretation 

Reference No. 14–0178.25 In the 

incoming letter, the requester asserted 

that § 172.336(c) stated clearly that if a 

cargo tank is transporting multiple 

liquid petroleum distillate fuels, it may 

be marked with the UN ID number of 

the fuel with the lowest flash point. The 

requester asked if a cargo tank is 

transporting only diesel fuel (NA1993), 

is it authorized to continue displaying 

the UN ID number for gasoline 

(UN1203) even though gasoline was no 

longer present. As the regulations no 

longer clearly indicated that this 

continued to be an acceptable practice, 

in the response, PHMSA stated that a 

cargo tank transporting only diesel fuel 

could not be marked with the UN ID 

number for gasoline because the 

gasoline was no longer present. 

As previously discussed, in HM–219, 

it was not PHMSA’s intent to remove 

the longstanding exception that allowed 

a cargo tank transporting more than one 

petroleum distillate fuel in different 

trips to display the UN ID number for 

the petroleum distillate fuel with the 

lowest flash point. Although, PHMSA 

recognizes that there may be safety 

concerns associated with this practice, 

as noted by commenters to the HM– 

213E ANPRM, PHMSA has not received 

specific information describing 

instances in which this marking 

exception has increased risks in 

transportation. Therefore, PHMSA 

proposes to revise the § 172.336(c) table, 

to authorize display of the UN ID 

number of the petroleum distillate fuel 

with the lowest flash point transported 

in a cargo tank in different trips on the 

previous or current business day. This 

proposal aligns with the original intent 

of § 172.336(c)(5), and addresses the 

operational concerns identified by 

commenters to the HM–213E ANPRM. 

In addition, this proposal generally 

aligns with the requirements of DOT–SP 

21104,26 which was issued on 

November 11, 2020, and further 

modified on February 26, 2021. DOT–SP 

21104 currently allows for the 

transportation of gasoline, diesel fuel, 

kerosene, and fuel oil in a cargo tank 

motor vehicle marked with the UN ID 

number ‘‘1203’’ as long as gasoline had 

been transported in the cargo tank 

during the previous or current business 

day. PHMSA is unaware of any safety 

issues associated with DOT–SP 21104. 

Although ‘‘different trips on the same 

day’’ was not defined in HM–118, 

PHMSA proposes that this provision 

apply when the petroleum distillate fuel 

with the lowest flash point is 

transported on the cargo tank motor 

vehicle during the previous or current 

business day. As previously mentioned, 

this proposal aligns with the time frame 

currently authorized in accordance with 

DOT–SP 21104. As proposed, PHMSA 

considers a ‘‘business day’’ to mean a 

day that the operator of the cargo tank 

motor vehicle is open and operating in 

commerce. Therefore, if a cargo tank 

carrying gasoline is unloaded and 

subsequently filled with a fuel with a 

higher flash point, ‘‘1203’’ may only 

continue to be displayed on the cargo 

tank for that day and the following day 

that the operator is open and operating. 


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27See petition for rulemaking P–1712: https://

www.regulations.gov/docket?D=PHMSA-2018-0022. 

28See petition for rulemaking P–1724: https://

www.regulations.gov/docket?D=PHMSA-2018-0111. 

29See petition for rulemaking P–1735: https://

www.regulations.gov/docket?D=PHMSA-2019-0132. 

To ensure compliance with this 

requirement, PHMSA anticipates the 

use of shipping paper records (see 

§ 177.817(f)) to verify which petroleum 

distillates were transported in the cargo 

tank during the previous or current 

business day. PHMSA requests 

comment on the functionality of this 

proposed exception for the previous or 

current business day of petroleum 

distillate fuels. 

In this new entry in the § 172.336(c) 

table, PHMSA also proposes to include 

specific requirements when transporting 

gasoline and alcohol fuel blends 

consisting of more than 10% ethanol. 

Specifically, due to different emergency 

response procedures for liquid 

petroleum distillate fuels containing 

more than 10% ethanol and as currently 

required in the fifth row in the 

§ 172.336(c) table, PHMSA proposes 

that if the cargo tank contains gasoline 

and alcohol fuel blends consisting of 

more than 10% ethanol, the UN ID 

number ‘‘3475’’ or ‘‘1987,’’ as 

appropriate, must be displayed. 

Additionally, the UN ID numbers 

‘‘3475’’ or ‘‘1987’’ may only be 

displayed if a gasoline and alcohol fuel 

blend consisting of more than 10% 

ethanol is present in the cargo tank 

during transportation. This means that 

‘‘3475’’ or ‘‘1987’’ may not be displayed 

even if it is the lowest flash point 

petroleum distillate fuel and the cargo 

tank transported the fuel in a different 

trip on the previous or current business 

day. Therefore, if the lowest flash point 

liquid petroleum distillate fuel 

transported in the cargo tank in different 

trips on the previous or current business 

day is a gasoline and alcohol fuel blend 

consisting of more than 10% ethanol— 

and this material is not present in the 

cargo tank for that trip—the carrier must 

display the UN ID number of either the 

next lowest flash point liquid petroleum 

distillate fuel carried in a different trip 

on the previous or current business day 

or the liquid petroleum distillate fuel 

currently being transported in the cargo 

tank. 

Additionally, as an accompanying 

amendment, PHMSA proposes to revise 

the fifth row of the § 172.336 table to 

specify that the exception provided in 

that row only apply to compartmented 

cargo tanks or compartmented tank cars. 

This proposed change distinguishes a 

compartmented cargo tank (or tank car) 

transporting more than one petroleum 

distillate fuel in the same trip (fifth row) 

from a cargo tank transporting more 

than one petroleum distillate fuel in 

different trips on the current or previous 

business day (sixth row). This clearly 

distinguishes the marking exception 

that applies to a compartmented tank 

that transport multiple fuels of differing 

flashpoints at one time, and the 

exception that applies to a cargo tank 

(single or multi-compartment) that is 

used to transport fuels of differing 

flashing points during the course of 

business on current or previous 

business day. 

PHMSA requests comments related to 

specific, articulable safety or cost 

concerns associated with this proposed 

amendment. PHMSA notes that for 

NA1993, UN1202, UN1203, UN1223, 

and other petroleum distillate fuels, the 

ERG directs the reader to the same guide 

page for initial emergency response 

measures, and PHMSA further requests 

information from emergency responders 

describing how emergency response 

would differ for an accident involving a 

cargo tank motor vehicle marked 

‘‘1993,’’ ‘‘1202,’’ ‘‘1203,’’ ‘‘1223,’’ or 

another UN ID number associated with 

a petroleum distillate fuel. Finally, 

PHMSA requests information on any 

known incidents where emergency 

response was impacted negatively due 

to a cargo tank motor vehicle displaying 

‘‘1203’’ when it was transporting a 

petroleum distillate fuel with a higher 

flash point. 

E. P–1712 

In petition for rulemaking P–1712,27

the Chlorine Institute (CI) requested 

PHMSA delete § 173.315(i)(13) from the 

HMR. This change would remove the 

requirement to install Crosby pressure 

relief devices (PRDs) on chlorine cargo 

tanks, thus providing flexibility by 

authorizing the use of alternative PRDs 

meeting the requirements of 

§ 173.315(i). The petition for rulemaking 

also outlined the current use of the 

Midland PRD on chlorine cargo tanks 

under the authority of DOT–SPs 9694 

and SP–10457. CI noted that the 

Midland PRD meets the requirements in 

§ 173.315(i) and is incorporated in CI’s 

Pamphlet 49, ‘‘Recommendation 

Practices for Handling Chlorine Bulk 

Highway Transporters.’’ Furthermore, in 

their petition for rulemaking, CI notes 

that since the requirement was 

established in § 173.315(i), Midland 

Manufacturing entered the chlorine PRD 

market. This expanded market was 

reflected in CI Pamphlet 49, but it was 

not reciprocated in the HMR, except by 

special permit. 

After reviewing this petition for 

rulemaking, PHMSA proposes to allow 

use of the Midland PRD under 

§ 173.315(i) but does not propose to 

delete the specific limitations on the 

type of PRD authorized. PHMSA will 

continue to work with CI to develop 

generally applicable specifications for 

PRDs used on cargo tanks transporting 

inhalation hazards. Therefore, for the 

purpose of this rulemaking, PHMSA 

only considered the inclusion of the 

PRD specifications that are already 

outlined in CI Pamphlet 49 and we do 

not propose the deletion of 

§ 173.315(i)(13) in its entirety. Instead, 

PHMSA proposes to revise § 173.315(i) 

to specify that the PRD on a chlorine 

cargo tank must conform to one of the 

drawings in CI Pamphlet 49, which 

would allow for the use of the Midland 

PRD in addition to the Crosby PRD. 

PHMSA expects that this will provide 

for additional regulatory flexibility in 

selection of a PRD while maintaining 

the current level of safety. 

F. P–1724 

In petition for rulemaking P–1724,28

the Greenbrier Companies requested 

PHMSA revise § 179.100–12 to allow for 

an alternative means of connecting the 

manway protection housing to the tank 

car. Currently, the HMR require the 

protective housing that shields the 

valves and fittings on top of pressure 

cars to be bolted to the manway cover. 

The petition for rulemaking asks that 

the connection be alternatively made 

between the protective housing and the 

manway reinforcing pad. This 

alternative allows the protective 

housing to be bolted to a flange 

connected to the manway reinforcing 

pad with not less than twenty 3⁄4-inch 

studs. After reviewing the petition for 

rulemaking, PHMSA agrees there is 

merit in making this proposed revision 

as it will provide regulatory flexibility 

without reducing the safety of attaching 

the manway protection housing to a 

tank car. This alternative method is 

currently only authorized in DOT–SPs 

14832 and 20607. Therefore, PHMSA 

proposes to revise § 179.100–12 to 

permit the use of an alternative means 

of connecting the manway protection 

housing to the tank car. 

G. P–1735 

In petition for rulemaking P–1735,29

TTMA requested PHMSA amend 

§§ 173.33(d)(3) and 180.405(h)(3) to 

remove requirements referring to the 

venting capacity of the original 

specification for the MC cargo tank 

motor vehicles with upgraded pressure 

relief valves. 

After reviewing this petition for 

rulemaking, PHMSA agrees with the 


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30 83 FR 28162 (Jun. 18, 2018). 

position of the petitioner regarding the 

error made in the preamble in final rule 

HM–218H,30 but does not agree that a 

regulatory change to §§ 173.33(d)(3) and 

180.405(h)(3) is necessary. In final rule 

HM–218H, PHMSA responded to a 

number of appeals to the final rule. In 

the preamble, PHMSA incorrectly stated 

that the PRD set pressure must be to the 

original specification when upgrading 

or modifying the PRDs on a MC 300 

series cargo tank motor vehicle. PHMSA 

has previously and subsequently 

addressed this issue via letters of 

interpretation and clarified that the 

upgraded or modified PRD on a MC 300 

series cargo tank motor vehicle must 

meet all requirements of § 178.345–10, 

including set pressure (see Letters of 

Interpretation Reference Nos. 16–0183 

and 18–0118). As such, while PHMSA 

agrees with the position of the 

petitioner, PHMSA finds that no 

amendments are necessary as the 

petition for rulemaking was predicated 

on the incorrect language included in 

the preamble to HM–218H. 

III. Overview 

A. Rail 

PHMSA, in conjunction with FRA, 

proposes numerous revisions to the 

HMR related to transportation of 

hazardous materials by rail. These 

proposed revisions will provide greater 

clarity for hazardous materials rail 

carriage requirements and remove 

regulatory barriers to efficient operation 

without diminishing safety. PHMSA 

proposes the following amendments: 

Related to the proposed amendments 

offered by RSAC (see ‘‘Section II.A. 

RSAC’’ for additional discussion), 

PHMSA proposes: 

• In § 171.7, update the IBR of the 

AAR Manual of Standards and 

Recommended Practices, Section C— 

Part III, Specifications for Tank Cars, 

Specification M–1002, (AAR 

Specifications for Tank Cars), to the 

November 2014 edition from the 2000 

edition; 

• In § 171.7, separate the IBR of the 

AAR Manual of Standards and 

Recommended Practices, Section C— 

Part III, Specifications for Tank Cars, 

Specification M–1002 into its 

component chapters and appendices, 

except for Appendix B, Appendix L, 

and Appendix U, as discussed in 

‘‘Section II.B.6. AAR Specifications for 

Tank Cars Incorporation by Reference’’; 

• In § 171.7, update the edition of the 

AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication 

and Construction of Freight Cars, 

Chapter 5 to the 2011 edition from the 

1988 edition; 

• In § 172.101, editorially revise the 

description of Column 9A ‘‘Passenger 

aircraft/rail’’ to clarify the meaning for 

rail transportation; 

• In § 172.820, add an exception for 

route planning for circumstances where 

no practicable alternative route exists; 

• In § 173.31(d), add requirements for 

tank car closure instructions; 

• In § 173.31(g), clarify securement 

requirements for tank car loading and 

unloading; 

• In § 174.9, revise the safety and 

security inspection requirements; 

• In § 174.14, add exceptions to the 

requirement for tank car movements to 

be expedited for certain unavoidable 

delays; 

• Remove and reserve § 174.16, 

because the requirements for removal 

and disposition of certain explosives are 

obsolete; 

• Remove and reserve § 174.20 

because the reporting to the Bureau of 

Explosives for local and carrier 

restrictions is unnecessary; 

• In § 174.24, clarify requirements for 

providing shipping papers to an 

authorized official; 

• In § 174.50, revise the OTMA 

requirements to align with current FRA 

policy; 

• In a new § 174.58, clarify the 

meaning of ‘‘extent practicable’’ as used 

in the § 171.8 definition of residue; 

• In § 174.59, revise requirements for 

replacing lost placards; 

• In § 174.63, make editorial revisions 

and expand the types of packages and 

materials eligible for COFC and TOFC 

service without an approval from FRA; 

• In § 174.67, revise the transloading 

requirements to create a performancebased system, rather than the current 

prescriptive requirements; 

• In Appendix B to part 179, revise 

the torch and pool fire testing 

provisions to improve industry 

understanding of the requirements; and 

• In § 180.503, revise the definitions 

of tank car owner, coating/lining owner, 

and service equipment owner to more 

accurately reflect the complex business 

arrangements commonly in use. 

Related to AAR delegated authority 

amendments (see ‘‘Section II.B. AAR 

Authority to Approve the Design of 

Tank Cars and Approve Quality 

Assurance Programs’’ for additional 

discussion), PHMSA proposes: 

• In a new subpart J in part 107, add 

tank car facility and tank car DCE 

registration, with the ability to modify, 

suspend, or terminate the registration 

for cause; 

• In §§ 107.1, 107.105, and 107.701, 

revise procedural requirements to 

accommodate the proposed new subpart 

J; 

• In § 171.7, incorporate by reference 

AAR Manual of Standards and 

Recommended Practices, Section C— 

Part III, Specifications for Tank Cars, 

Specification M–1002 Chapter 3 into 

§§ 173.241, 173.242, and 173.247; 

• In § 171.8, revise the definition of 

Design Certifying Engineer to create a 

parallel definition for tank car DCEs; 

• In § 179.2, revise the definitions for 

approved and tank car facility and add 

definitions for component and tank car; 

• In § 179.2, add introductory text to 

indicate that terms defined in § 180.503 

also apply to part 179 to address 

confusion with defined terms in these 

related regulatory parts; 

• In § 179.3, remove the requirement 

for AAR TCC approval of tank car and 

service equipment designs, and replace 

it with approval by a DCE; 

• In § 179.4, revise the process for 

designing and seeking approval of a 

design of a new tank car specification; 

• In § 179.5, remove the tank car 

certification of construction requirement 

and replace it with a Design Approval 

Certificate (DAC). PHMSA also proposes 

to describe the information that must be 

included in a DAC for both tank cars 

and service equipment; 

• In § 179.6, indicate that AAR 

approval is no longer required for 

repairs; 

• In § 179.7, remove the requirement 

for AAR approval of the QAP and make 

revisions intended to clarify the intent 

of the applicability of the QAP 

requirement; 

• In § 179.11, add a reference to AAR 

Specifications for Tank Cars in 

Appendix W, except section 1.2, for 

welding requirements; 

• In § 179.24, remove reference to 

AAR Form 4–2 in conformance with the 

replacement of the certificate of 

construction with the DAC; 

• Throughout the HMR, including 

§§ 172.102, 173.31, and 173.314, and 

parts 179–180, remove all references to 

approval by AAR and replace with a 

reference to an approval by a DCE; 

• In part 179, indicate that 

compliance with paragraph 1.2 of 

Appendix W of the AAR Specifications 

for Tank Cars is not required; 

• In §§ 179.100–9, 179.200–10, and 

179.220–10, remove the sentence 

requiring that welding procedures, 

welders, and fabricators be approved; 

• In §§ 179.220–15 and 179.400–13, 

remove the requirement for design 

approval for tank cushioning systems; 

• In § 179.400–6, correct an editorial 

reference to the incorrect IBR material; 

• In §§ 179.500–17 and 179.500–18, 

revise recordkeeping requirements to 


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remove obsolete references to the 

Bureau of Explosives; 

• In § 180.501, replace ‘‘owner’s 

qualification program’’ with ‘‘owner’s 

qualification and maintenance program’’ 

to maintain alignment with the scope of 

part 180, subpart F, and the other 

references to ‘‘qualification and 

maintenance program’’ in §§ 179.7 and 

180.513; 

• In § 180.503, revise the definitions 

for maintenance, modification, 

qualification, and service equipment; 

• In § 180.509(i), clarify the 

inspection requirements for linings and 

coatings; 

• In § 180.513, revise the 

responsibilities of tank car owners; and 

• In § 180.517, revise the section to 

reflect the removal of the certificate of 

construction and its replacement with 

the DAC. 

Related to PHMSA initiated editorial 

clarification, PHMSA proposes to: 

• In § 174.81, revise explosive 

segregation requirements to align with 

current highway and vessel 

requirements. 

Related to NTSB Safety 

Recommendation R–19–001, PHMSA 

proposes to: 

• In § 171.7, incorporate by reference 

AAR Specifications for Tank Cars 

Chapter 2, section 2.2.1.2 into 

§ 179.102–3 to require Charpy impact 

testing for shell and head material of 

pressure tank cars used for poisonousby-inhalation material. 

Related to NTSB Safety 

Recommendation R–12–007, PHMSA 

proposes to: 

• In § 179.10, incorporate by 

reference AAR Specifications for Tank 

Cars Chapter 6, to require compliance 

with AAR’s redesigned center and draft 

sill attachment requirements. 

B. Highway 

PHMSA, in conjunction with FMCSA, 

proposes numerous revisions to the 

HMR related to transportation of 

hazardous materials by highway (i.e., 

motor vehicle). PHMSA expects these 

proposed revisions to enhance the safe 

transportation of hazardous materials by 

highway while providing greater clarity 

and regulatory flexibility. In addition to 

various other revisions to the HMR, 

PHMSA proposes the following 

amendments: 

• In part 107, subpart F, revise the 

registration requirements to allow for 

electronic submission procedures; 

• In part 107 subpart F, create cargo 

tank facility modification, suspension, 

and termination procedures; 

reconsideration of modification, 

suspension, and termination 

procedures; and appeal of modification, 

suspension, and termination 

procedures; 

• In § 171.7, revise editorially the 

ASTM D 1838–64 IBR document to 

include reference to the 1968 reapproval 

date; 

• In § 171.7, update the Compressed 

Gas Association (CGA) Technical 

Bulletin P–26 (formerly TB–2) IBR 

document to the 1997 edition; 

• In § 171.7, replace current 

incorporation by reference of CI 

drawings with the entire CI Pamphlet 

49, which would include the use of the 

Midland Type PRD for chlorine cargo 

tank in § 173.315; 

• In the § 172.336(c) table, add a sixth 

row to specify that a cargo tank may 

display the UN ID number of the 

petroleum distillate fuel with the lowest 

flash point transported in different trips 

on the previous or current business day, 

except for gasoline and alcohol fuel 

blends with more than 10% ethanol; 

• In §§ 173.150(f)(3)(viii) and 

177.837(c), require bonding and 

grounding when preparing to transfer or 

transferring a combustible liquid, or a 

flammable liquid reclassified as a 

combustible liquid, from a cargo tank 

motor vehicle, in addition to the current 

requirements for flammable liquids; 

• In § 177.816(c) and (d), clarify the 

use of tank vehicle endorsement or 

hazardous materials endorsement 

training to fulfill the hazardous 

materials training requirements of 

§§ 172.704 and 177.816; 

• In § 177.835, clarify that a 

multipurpose bulk truck may not be 

used in combination with any cargo 

tank that is required to be marked or 

placarded under § 177.823; 

• In § 177.840, clarify that the 

requirements apply to external selfclosing stop valves in addition to the 

current requirement of internal selfclosing stop valves; 

• In § 178.320, revise definitions for 

cargo tank, cargo tank motor vehicle, 

and minimum thickness and add 

definitions for: cargo tank motor vehicle 

certification date, component, flexible 

connector, lading retention system, 

lining, name plate, original test date, 

sacrificial device, shear section, and 

specification plate; 

• In § 178.337–1(d), allow the use of 

other external coverings besides paint; 

• In §§ 178.337–8, 178.338–11, and 

178.345–11, specify that mechanical 

means of remote closure for manual 

operation must not be obstructed to 

prevent access to or operation of remote 

means of closure in an emergency; 

• In §§ 178.337–10 and 178.338–10, 

clarify that the exception in § 393.86 for 

wheels back vehicles does not apply; 

• In §§ 178.337–17 and 178.338–18, 

revise the specification plate attachment 

requirement so that the specification 

plate must be permanently attached to 

the cargo tank or its integral supporting 

structure, instead of the cargo tank 

motor vehicle chassis rail; 

• In §§ 178.337–18 and 178.338–19, 

specify that when the cargo tank motor 

vehicle is brought into full compliance, 

the specification plate is marked with 

the cargo tank motor vehicle 

certification date; 

• In § 178.338–19, revise the 

certification language so that it more 

closely mirrors certification language for 

other DOT specification cargo tank 

motor vehicles; 

• In § 178.345–1, remove definitions 

that are also defined in § 178.320; 

• In § 178.345–14, clarify that when 

there is no limit for the maximum 

loading or unloading rate in gallons per 

minute, the specification mark may be 

marked ‘‘NONE’’ or ‘‘OPEN MH’’; 

• In § 180.403, add definitions for 

cargo tank maintenance, certification 

plate, objectively reasonable and 

articulable belief, and set pressure, and 

revise the definition of repair; 

• In a new paragraph in 

§ 180.405(b)(3), provide instruction on 

the replacement of cargo tank and cargo 

motor vehicle specification plates; 

• In a new § 180.407(a)(7), specify 

that all equipment and instruments used 

to test cargo tanks must be calibrated, 

with appropriate documentation, in 

accordance with the manufacturer’s 

instructions; 

• In a new § 180.407(a)(8), allow for 

the use of video cameras or video optics 

equipment for any inspection or test; 

• In a new § 180.407(a)(9), require 

that cargo tank motor vehicle pressure 

tests conducted tested at a pressure 

higher than 50 psi be done with the 

hydrostatic method, except for DOT 

Specification MC 338 cargo tanks used 

to transport cryogenic liquid; 

• In a new § 180.407(a)(10), require 

that the Registered Inspector consult 

with the owner or motor carrier, as 

appropriate, to determine if materials 

corrosive or reactive to the cargo tank or 

its components were transported in the 

cargo tank motor vehicle since the last 

test or inspection, and ensure that the 

proper tests and inspections, along with 

suitable safeguards, are used; 

• In a new § 180.407(a)(11), require 

that all sources of spark, flame, or 

glowing heat within the area in which 

the tests and inspections are conducted 

are extinguished, made inoperable, or 

rendered explosion-proof prior to all 

functions that are performed; 

• In § 180.407(b), include ‘‘bulges’’ in 

the list of conditions that may render a 


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cargo tank unsafe for hazardous 

materials service; 

• In § 180.407(b)(5), replace 

‘‘reasonable doubt’’ with ‘‘objectively 

reasonable and articulable belief’’ to 

create a more consistent standard 

describing those circumstances in 

which a cargo tank—or series of cargo 

tanks—may be required to be tested and 

inspected outside of the normal test and 

inspection interval; 

• In § 180.407(d)(2)(i), specify that the 

tank shell and head must be evaluated 

in accordance with § 180.411 and that 

during inspection of the cargo tank shell 

and heads, all pad attachments on either 

the cargo tank shell or head shell shall 

be inspected for method of attachments; 

• In §§ 180.407(d)(2)(ix) and 

(g)(1)(iii), add an exception that the 

upper coupler must be removed if there 

are obstructions immediately above the 

cargo tank shell that prevent the upper 

coupler from being directly inspected; 

• In a new paragraph § 180.407(d)(7), 

add inspection and maintenance 

requirements for external ring stiffeners 

installed on a cargo tank motor vehicle 

constructed of metal other than mild 

steel or high-strength low-alloy steel; 

• In a new paragraph § 180.407(d)(8), 

clarify inspection and verification 

requirements for welded repairs; 

• In § 180.407(f)(2), add 

documentation requirements for linings 

from the lining manufacturer or 

installer; 

• In § 180.407(f)(3), add a 

requirement that when the degraded or 

defective areas of the cargo tank lining 

are repaired or if the lining is replaced, 

it must comply with lining 

manufacturer or installer procedures; 

• In § 180.407(h)(4), specify that the 

test pressure of the delivery hose 

assembly must be at least 80 percent of 

the Maximum Allowable Working 

Pressure (MAWP) of the cargo tank; 

• In § 180.407(i)(4)(v), specify that 

thickness testing must be performed on 

areas around shell reinforcements, 

including evenly distributed areas 

around all ring stiffeners and those areas 

in the bottom half of the cargo tank; 

• In § 180.407(i)(6)(i), specify that the 

supplemental Certificate of Compliance 

that includes the minimum thickness 

issued by the DCE must be provided to 

the CTMV owner; 

• In a new § 180.409(a)(4), clarify that 

the person performing or witnessing the 

inspections and tests must meet the 

training requirements of part 172 

subpart H; 

• In the § 180.411(b) list, include 

bulges as an additional condition 

requiring evaluation; 

• In new § 180.411(h), specify 

conditions requiring removal from 

service and methods in which a cargo 

tank motor vehicle can be returned to 

service; 

• In new § 180.411(i), specify that 

when required, emergency discharge 

control systems on a DOT Specification 

MC 330, MC 331, or a non-specification 

cargo tank motor vehicle operating 

under the provisions of § 173.315(k) 

must be present and functioning before 

passing any test or inspection; and 

• In § 180.415(b), require that, unless 

already marked, the cargo tank 

registration number of the cargo tank 

facility performing the test or inspection 

must be marked on the cargo tank. 

C. Vessel 

PHMSA proposes several revisions to 

the requirements for transporting 

hazardous materials by vessel. These 

proposals are intended to increase 

transportation efficiency, increase 

harmonization with the International 

Maritime Dangerous Goods (IMDG) 

Code, and editorially revise the HMR 

while maintaining the high level of 

safety of vessel transport. The following 

proposals were developed in 

conjunction with the United States 

Coast Guard (USCG): 

• In § 171.23(b)(5) and (b)(5)(iii), 

revise requirements for communicating 

the presence of hazardous substances by 

clarifying that only non-bulk packages 

are required to be marked with the 

letters ‘‘RQ’’ (to signify a reportable 

quantity), and the name of the 

hazardous substance, consistent with 

§ 172.324; 

• In new § 172.504(b)(2), remove the 

authorization to use the 

‘‘DANGEROUS’’ placard for vessel 

transportation to reduce confusion and 

delays; 

• In part 176, editorially revise the 

office identifier of the Coast Guard 

Commandant for Operating and 

Environmental Standards to the 

identifier for the Office of Design and 

Engineering Standards; 

• In § 176.84(a), clarify editorially 

that hazardous materials transported in 

accordance with a limited quantity 

exception are not subject to the stowage 

codes assigned by Column (10B) of the 

§ 172.101 Table; and 

• In § 176.905, add an exception for 

vehicles stored onshore incidental to 

vessel transportation to align with 

similar exceptions offered to highway 

and rail transportation of vehicles. 

D. Multi-Modal 

PHMSA proposes several revisions 

that affect multiple modes of 

transportation. These proposals enhance 

safe transportation of hazardous 

materials and were developed in 

conjunction with the FRA, FMCSA, and 

USCG. Proposals include: 

• In § 171.22(f)(4), clarify 

requirements for providing hazardous 

material shipping paper information 

during inspections; 

• In § 172.102, revise special 

provision 13 to identify more clearly 

that security plan requirements apply; 

• In the § 172.336(c) table, more 

clearly identify that the exception in the 

fifth row of the table applies only to 

compartmented cargo tanks or tank cars 

carrying more than one petroleum 

distillate fuel; 

• In § 172.704(e)(1), provide an 

exception (including an editorial 

correction) for hazmat employees who 

manufacture, repair, modify, 

recondition, or test packagings, and who 

do not perform any other function, from 

security awareness training 

requirements; 

• In Appendix C to part 172, revise 

the recommended placard holder 

dimensions to be consistent with the 

current placard size requirements, and 

in § 172.516(d), clarify that the current 

placard holder is an authorized placard 

holder; and 

• In § 173.159(e), clarify that wet 

batteries must be loaded or braced to 

secure the batteries against shifting 

while in transportation and require that 

the offeror ensure that persons loading 

the batteries have knowledge of the 

conditional provisions for exceptions 

from the general requirements of the 

HMR. 

IV. Section-by-Section Review 

The following table identifies the 

sections and mode(s) of transportation 

affected by the proposed changes in this 

NPRM. 


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TABLE 2—SECTIONS AFFECTED BY

THIS NPRM 

Section affected Mode of 

transportation 

§ 107.1 ....................... Rail. 

§ 107.105 ................... Rail. 

§ 107.502 ................... Highway. 

§ 107.503 ................... Highway. 

§ 107.505 ................... Highway. 

§ 107.506 ................... Highway. 

§ 107.507 ................... Highway. 

§ 107.701 ................... Rail. 

§ 107.901 ................... Rail. 

§ 107.903 ................... Rail. 

§ 107.905 ................... Rail. 

§ 107.907 ................... Rail. 

§ 107.909 ................... Rail. 

§ 107.911 ................... Rail. 

§ 107.913 ................... Rail. 

§ 107.915 ................... Rail. 

§ 171.6 ....................... Multi-modal. 

§ 171.7 ....................... Multi-modal. 

§ 171.8 ....................... Multi-modal. 

§ 171.22 ..................... Vessel. 

§ 171.23 ..................... Vessel. 

§ 172.101 ................... Rail. 

§ 172.102 ................... Multi-modal. 

§ 172.303 ................... Multi-modal. 

§ 172.328 ................... Highway. 

§ 172.336 ................... Multi-modal. 

§ 172.504 ................... Vessel. 

§ 172.516 ................... Multi-modal. 

§ 172.704 ................... Multi-modal. 

§ 172.820 ................... Rail. 

Appendix C to Part 

172.

Multi-modal. 

§ 173.31 ..................... Rail. 

§ 173.150 ................... Highway. 

§ 173.159 ................... Multi-modal. 

§ 173.241 ................... Rail. 

§ 173.242 ................... Rail. 

§ 173.247 ................... Rail. 

§ 173.314 ................... Rail. 

§ 173.315 ................... Highway. 

§ 173.320 ................... Multi-modal. 

§ 174.9 ....................... Rail. 

§ 174.14 ..................... Rail. 

§ 174.16 ..................... Rail. 

§ 174.20 ..................... Rail. 

§ 174.24 ..................... Rail. 

§ 174.50 ..................... Rail. 

§ 174.58 ..................... Rail. 

§ 174.59 ..................... Rail. 

§ 174.63 ..................... Rail. 

§ 174.67 ..................... Rail. 

§ 174.81 ..................... Rail. 

§ 176.2 ....................... Vessel. 

§ 176.84 ..................... Vessel. 

§ 176.340 ................... Vessel. 

§ 176.905 ................... Vessel. 

§ 177.801 ................... Highway. 

§ 177.804 ................... Highway. 

§ 177.816 ................... Highway. 

§ 177.835 ................... Highway. 

§ 177.837 ................... Highway. 

§ 177.840 ................... Highway. 

§ 177.841 ................... Highway. 

§ 178.320 ................... Highway. 

§ 178.337–1 ............... Highway. 

§ 178.337–2 ............... Highway. 

§ 178.337–3 ............... Highway. 

§ 178.337–8 ............... Highway. 

§ 178.337–9 ............... Highway. 

§ 178.337–10 ............. Highway. 

TABLE 2—SECTIONS AFFECTED BY

THIS NPRM—Continued 

Section affected Mode of 

transportation 

§ 178.337–17 ............. Highway. 

§ 178.337–18 ............. Highway. 

§ 178.338–3 ............... Highway. 

§ 178.338–10 ............. Highway. 

§ 178.338–11 ............. Highway. 

§ 178.338–18 ............. Highway. 

§ 178.338–19 ............. Highway. 

§ 178.345–1 ............... Highway. 

§ 178.345–3 ............... Highway. 

§ 178.345–8 ............... Highway. 

§ 178.345–11 ............. Highway. 

§ 178.345–13 ............. Highway. 

§ 178.345–14 ............. Highway. 

§ 178.345–15 ............. Highway. 

§ 178.348–1 ............... Highway. 

§ 179.2 ....................... Rail. 

§ 179.3 ....................... Rail. 

§ 179.4 ....................... Rail. 

§ 179.5 ....................... Rail. 

§ 179.6 ....................... Rail. 

§ 179.7 ....................... Rail. 

§ 179.10 ..................... Rail. 

§ 179.11 ..................... Rail. 

§ 179.24 ..................... Rail. 

§ 179.100–9 ............... Rail. 

§ 179.100–10 ............. Rail. 

§ 179.100–12 ............. Rail. 

§ 179.100–18 ............. Rail. 

§ 179.102–3 ............... Rail. 

§ 179.103–5 ............... Rail. 

§ 179.200–7 ............... Rail. 

§ 179.200–10 ............. Rail. 

§ 179.200–11 ............. Rail. 

§ 179.200–17 ............. Rail. 

§ 179.200–22 ............. Rail. 

§ 179.220–10 ............. Rail. 

§ 179.220–11 ............. Rail. 

§ 179.220–15 ............. Rail. 

§ 179.220–18 ............. Rail. 

§ 179.300–9 ............... Rail. 

§ 179.300–10 ............. Rail. 

§ 179.400–5 ............... Rail. 

§ 179.400–6 ............... Rail. 

§ 179.400–11 ............. Rail. 

§ 179.400–12 ............. Rail. 

§ 179.400–13 ............. Rail. 

§ 179.400–15 ............. Rail. 

§ 179.400–18 ............. Rail. 

§ 179.400–19 ............. Rail. 

§ 179.500–17 ............. Rail. 

§ 179.500–18 ............. Rail. 

Appendix B to Part 

179.

Rail. 

§ 180.3 ....................... Multi-modal. 

§ 180.403 ................... Highway. 

§ 180.405 ................... Highway. 

§ 180.407 ................... Highway. 

§ 180.409 ................... Highway. 

§ 180.411 ................... Highway. 

§ 180.413 ................... Highway. 

§ 180.415 ................... Highway. 

§ 180.416 ................... Highway. 

§ 180.501 ................... Rail. 

§ 180.503 ................... Rail. 

§ 180.509 ................... Rail. 

§ 180.513 ................... Rail. 

§ 180.517 ................... Rail. 

Appendix D to Part 

180.

Rail. 

The following is a section-by-section 

review of the proposed amendments: 

Part 107 

Section 107.1 

Section 107.1 is the definition section 

for Part 107—‘‘Hazardous Materials 

Programs Procedures.’’ The definition of 

‘‘registration’’ currently states that, ‘‘For 

purposes of subparts A through E, 

‘‘registration’’ does not include 

registration under subpart F or G of this 

part.’’ In this NPRM, we propose to add 

a reference to the new subpart J for tank 

car facility and tank car DCE registration 

to the existing references to subpart F or 

G. This will ensure that the registration 

requirements of subpart J for tank car 

facilities and DCEs are not confused or 

conflated with other registration 

requirements in Part 107. See also our 

discussion in ‘‘Section II.B.5 Tank Car 

Facility and Design Certifying Engineer 

Registration’’ for additional information. 

Section 107.105 

Section 107.105 contains the general 

information and supporting 

documentation requirements for special 

permit applications. Paragraph (a)(5) 

requires that special permit applicants 

who hold a registration under subparts 

F or G of Part 107 must include their 

registration number in their special 

permit application. PHMSA proposes to 

add a reference to the new subpart J to 

paragraph (a)(5), to require that tank car 

facilities or tank car DCEs who submit 

a special permit application to PHMSA 

include their registration number. This 

will allow PHMSA to more easily crossreference tank car facility or DCE 

registration records with the special 

permit request. See also our discussion 

in ‘‘Section II.B.5 Tank Car Facility and 

Design Certifying Engineer Registration’’ 

for additional information. 

Section 107.502 

Section 107.502 details general 

registration requirements for persons 

who are engaged in the manufacture, 

assembly, inspection and testing, 

certification, or repair of a cargo tank or 

a cargo tank motor vehicle 

manufactured in accordance with a DOT 

specification or a special permit. 

Paragraph (a)(3) specifies reference 

citations to certain terms used in the 

HMR. PHMSA proposes to add a 

reference to the definition of 

modification, which is currently found 

in § 180.403. In addition—and as 

detailed later in this rulemaking— 

PHMSA proposes to add a definition of 

component to § 178.320(a) and a 

definition of maintenance to § 180.403, 

and PHMSA proposes to reference these 


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31See NTSB Safety Recommendation H–18–005: 

https://ntsb.gov/safety/safety-recs/_layouts/ 

ntsb.recsearch/Recommendation.aspx?Rec=H-18- 

005. 

terms in paragraph (a)(3). Additionally, 

PHMSA proposes to add references to 

these definitions as they are all related 

to the cargo tank registration program 

and the references will provide greater 

understanding of the registration 

requirements. See ‘‘Section IV. Sectionby-Section Review; Part 178; Section 

178.320’’ and ‘‘Section IV. Section-bySection Review; Part 180; Section 

180.403’’ for further discussion of the 

proposed definitions. 

PHMSA also proposes to add 

paragraphs (a)(4) through (a)(9) to 

specify definitions for fixed test and 

inspection facility, FMCSA Agency 

Decisionmaker, FMCSA Agency Official, 

mobile tester, mobile testing and mobile 

test and inspection unit. The definitions 

of fixed test and inspection facility, 

mobile tester, mobile testing, and mobile 

test and inspection unit are proposed to 

provide additional clarity and to help 

distinguish between fixed facilities and 

mobile testing units. As currently 

required, the registration statement must 

specify ‘‘whether the facility uses 

mobile testing/inspection equipment’’ 

(see § 107.503(a)(3)). However, the HMR 

does not include definitions to help 

distinguish these types of operations. 

Furthermore, the definitions for FMCSA 

Agency Decisionmaker and FMCSA 

Agency Official are being proposed as 

they are referenced in new §§ 107.505, 

107.506, and 107.507, and they align 

with FMCSA’s organizational structure. 

Paragraph (b) specifies that a person 

who is employed as a Registered 

Inspector or DCE is considered to be 

registered if the person’s employer is 

registered. PHMSA proposes minor 

editorial changes to specify that the 

‘‘inspector’’ is a ‘‘Registered Inspector’’ 

and capitalize the term ‘‘Design 

Certifying Engineer.’’ 

Paragraph (d) specifies submission 

information for registration statements. 

PHMSA proposes to revise this 

paragraph to include an electronic 

method for submitting registration 

statements. In addition, PHMSA 

proposes to make editorial revisions of 

an administrative nature to this 

paragraph, including revising the 

mailing address for FMCSA. 

Paragraph (e) details the applicant’s 

receipt of registration statement. The 

first sentence specifies that a letter will 

be sent to the registrant and will assign 

the registrant with a registration 

number. The second sentence specifies 

that a separate registration number will 

be assigned for each cargo tank 

manufacturing, assembly, repair facility 

or other place of business identified by 

the registrant. PHMSA proposes to 

revise the first sentence of paragraph (e) 

to allow for the registrant letter to be 

sent electronically instead of only in a 

hard copy. This will promote electronic 

correspondence with FMCSA, which is 

faster and more efficient for all parties. 

PHMSA also proposes to move the 

second sentence of paragraph (e) to a 

new paragraph (f), but the regulatory 

text within the second sentence will 

remain unchanged. The proposed 

change provides increased visibility and 

emphasis that a separate registration 

number will be assigned for each cargo 

tank manufacturing, assembly, or repair 

facility, or other place of business 

identified by the registrant. 

Section 107.503 

This section specifies the 

requirements pertaining to the 

registration statement for persons who 

are engaged in the manufacture, 

assembly, inspection and testing, 

certification, or repair of a cargo tank or 

a cargo tank motor vehicle 

manufactured in accordance with a DOT 

specification or a special permit. 

PHMSA proposes to revise paragraph 

(a)(2) to include an email address for the 

facility or place of business, if 

applicable (i.e., if they have an email 

address). This will promote electronic 

correspondence with FMCSA which is 

faster and more efficient for all parties. 

PHMSA proposes to revise the 

statement for compliance in paragraph 

(a)(4) to ensure that the person 

responsible for compliance certifies that 

hazmat employees meet the minimum 

qualification requirements set forth in 

§ 171.8 for Registered Inspectors or 

DCEs, and that they are appropriately 

trained and knowledgeable of all the 

functions they are registered to perform. 

FMCSA notes that one of the top 

violations of employers is a lack of 

hazmat training of hazmat employees, 

including Registered Inspectors or 

DCEs. Therefore, the certification 

statement is revised to include reference 

to training to emphasize the 

requirement. 

In paragraph (c), PHMSA proposes to 

remove the last sentence, as June 30, 

1992, has passed and thus, this is an 

outdated requirement. 

Lastly, PHMSA proposes to add 

paragraph (d) to require that each 

person who performs the wet 

fluorescent magnetic particle exam 

submit a copy of their ASME Code 

compliant training certificate. The 

training is required in both Section V 

(Non-Destructive Examinations) and 

Section VIII, Division 1 of the ASME 

Code. Requiring the certificate will 

ensure that FMCSA can verify that each 

person who performs the wet 

fluorescent magnetic particle exam has 

received the appropriate training. 

Section 107.505 

This proposed new section provides 

for the modification, suspension, or 

termination of a cargo tank facility 

registration. During 2019, FMCSA 

investigations of cargo tank facilities 

discovered 254 instances where the 

facilities had not been in compliance 

with the regulatory requirements, yet 

the Department does not have a codified 

process to modify, suspend, or 

terminate registrations to address lack of 

compliance. The proposal to allow the 

modification, suspension or termination 

of cargo tank facility registrations also 

addresses NTSB Safety 

Recommendation H–18–005,31 issued 

on January 30, 2018. This recommends 

that PHMSA revise the HMR to permit 

the suspension or termination of 

highway cargo tank registrations for 

failing to meet the requirements of the 

HMR. The safety recommendation was 

made after a March 11, 2016, incident 

where a cargo tank semitrailer separated 

from its truck-tractor and struck a rock. 

The impact with the rock breached the 

front head of the cargo tank, causing the 

lading to spill and a fire to occur. 

Although the investigation determined 

that the condition of the cargo tank was 

acceptable and its performance was 

consistent with its design, the 

investigation also discovered safety 

issues with inspection and testing of 

DOT Specification MC330 and MC331 

cargo tanks and certification and 

training of cargo tank inspectors. The 

NTSB concluded that DOT needs to be 

able to suspend or terminate a cargo 

tank registration to ensure that when 

cargo tank facilities perform inadequate 

inspections, their authorization to do so 

can be terminated. Based on this safety 

recommendation, and additional 

recognition by FMCSA for the need of 

the ability to modify, suspend, or 

terminate a cargo tank registration, 

PHMSA proposes to add § 107.505 

(along with § 107.506 for 

reconsideration and § 107.507 for 

appeal) to provide this authority. 

PHMSA proposes that this modification, 

suspension, or termination process in 

§ 107.505 be consistent with existing 

FMCSA procedures for adjudicating 

motor carrier violations. 

As proposed in paragraph (a), reasons 

for modification, suspension, or 

termination include: (1) that because of 

a change in circumstance, the 

registration is no longer needed or 

would not be granted if applied for; (2) 

that the application contained 


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inaccurate or incomplete information 

and it would not have been granted had 

it included accurate and complete 

information; (3) that the application 

contained deliberately inaccurate or 

incomplete information; or (4) that the 

registration holder knowingly violated 

the terms of the registration or an 

applicable requirement of 49 CFR 

Chapter I in a manner demonstrating 

lack of fitness to conduct the activity for 

which the registration is required. Upon 

determination of this modification, 

suspension, or termination, and as 

proposed in paragraph (b), FMCSA will 

notify the registrant in writing or by 

electronic means of the proposed action 

and allow opportunity to show cause as 

to why the proposed action should not 

be taken. The registrant will then have 

30 days from service of the notice to file 

a response to the notice. After 

consideration of the response, or after 

30 days if no response has been filed, 

the FMCSA Agency Official will notify 

the registrant of a final decision with a 

brief statement of reasons and effective 

date of the action. 

However, as proposed in paragraph 

(d), if a condition of imminent hazard 

exists, the FMCSA Agency Official may 

issue an immediately effective 

emergency order to the registration 

holder in accordance with § 109.17 of 

this subchapter. 

As proposed in paragraph (c), the 

rules of practice for FMCSA proceedings 

for service and computation of time in 

§§ 386.6 and 386.8 of this title apply to 

this section, except that electronic 

service is permitted. 

Section 107.506 

This proposed new section provides 

for reconsideration of a registration that 

was modified, suspended, or terminated 

in accordance with proposed § 107.505. 

This proposed process is similar to 

existing FMCSA procedures. As 

proposed in paragraph (a), this request 

would be: (1) in writing or by electronic 

means and served within 20 days of 

service of the original decision; (2) state 

in detail any alleged errors of fact, law, 

or procedure; (3) state corrective actions 

taken, (4) enclose any additional 

information needed to support the 

request to reconsider; and (5) state in 

detail the modification of the final 

decision. 

As proposed in paragraph (b), the 

decision issued under § 107.505 of this 

part remains effective pending a 

decision on reconsideration. The 

FMCSA Agency Official will consider 

requests to stay the decision using the 

criteria laid out in proposed 

§ 107.507(b)(1)–(4). As proposed in 

paragraph (c), the FMCSA Agency 

Official request may request additional 

information or documents and, to 

ensure that the deficiencies identified as 

the basis for the action have been 

corrected, may conduct additional 

investigation. Furthermore, paragraph 

(d) specifies that the FMCSA Agency 

Official will grant or deny, in whole or 

in part, the relief requested, and the 

notification will be made in writing or 

by electronic means. As proposed in 

paragraph (e), the rules for FMCSA 

proceedings for service and 

computation of time in §§ 386.6 and 

386.8 of this title apply to this section, 

except that electronic service is 

permitted. 

Section 107.507 

This proposed new section provides 

for an appeal process for a cargo tank 

facility that has had its registration 

modified, suspended, or terminated by 

the Department in accordance with 

proposed § 107.505 and has been denied 

reconsideration in accordance with 

proposed § 107.506. This ensures that 

the registrant has been provided due 

process. As proposed, the appeal of the 

FMCSA Agency Official’s decision is 

adjudicated by the FMCSA Agency 

Decisionmaker. Similar to §§ 107.505 

and 107.506, the language in proposed 

§ 107.507 is intended to reflect existing 

FMCSA procedures. 

As proposed in paragraph (a), the 

appeal will be submitted to the FMCSA 

Agency Decisionmaker and must: (1) be 

in writing and served within 30 days of 

receipt of the FMCSA Agency Official’s 

decision on the FMCSA Agency 

Decisionmaker at the mailing or email 

address provided and on all parties to 

the proceeding; (2) state in detail any 

alleged errors of fact, law, or procedure; 

(3) enclose any additional information 

needed to support the appeal; and (4) 

state in detail the modification of the 

final decision sought. Furthermore, as 

detailed in paragraph (b), the FMCSA 

Agency Official’s action remains 

effective pending a decision on appeal, 

unless a stay is requested and the 

FMCSA Agency Decisionmaker 

determines: 

(1) There is a substantial likelihood 

that the requesting party will prevail on 

the merits; 

(2) The requesting party will suffer 

irreparable injury absent the stay; 

(3) The threatened injury outweighs 

whatever damage the stay may cause the 

opposing party; and 

(4) The stay will not harm the public 

interest. 

As proposed in paragraph (c) the 

FMCSA Agency Official, who bears the 

burden of proof, will respond to the 

appeal within 30 days of service of the 

appeal. Lastly, as proposed in paragraph 

(d), the FMCSA Agency Decisionmaker 

will grant or deny, in whole or in part, 

the relief requested. This decision is the 

final agency action. 

As proposed, the rules for FMCSA 

proceedings for service and 

computation of time in §§ 386.6 and 

386.8 of this title apply to this section, 

except that electronic service is 

permitted. This decision is the final 

administrative action. 

Section 107.701 

Section 107.701 contains the 

procedural requirements for the 

submission of registrations. PHMSA 

proposes to add an exception to 

paragraph (c) for the new subpart J. This 

exception will be applicable to tank car 

facilities and tank car DCE registrations. 

This aligns with the exception currently 

provided in paragraph (c) for subpart F, 

for cargo tank facilities and cargo tank 

DCEs. It allows tank car facility and tank 

car DCE registrations to be handled in 

the separate procedural manner 

outlined in the proposed subpart J, in 

which the registrations will be 

submitted to PHMSA, but subject to 

termination by FRA. See also our 

discussion in ‘‘Section II.B.5 Tank Car 

Facility and Design Certifying Engineer 

Registration’’ for additional information. 

Part 107, Subpart J—‘‘REGISTRATION 

OF TANK CAR FACILITIES AND 

DESIGN CERTIFYING ENGINEERS’’ 

PHMSA proposes to create subpart J 

in part 107 (§§ 107.901–107.915) for 

tank car facility and tank car DCE 

registrations. The subpart includes 

definitions for terms used in the 

subpart, instructions for applying for 

registration for both tank car facilities 

and DCEs, and means of appeal if a 

registration is modified, suspended, or 

terminated. See also ‘‘Section II.B.5. 

Tank Car Facility and Design Certifying 

Engineer Registration’’ for additional 

details on the creation of this subpart. 

Section 107.901 

This proposed new section § 107.901 

details the purpose and scope of new 

part 107 subpart J. Part 107 subpart J 

addresses the registration of tank car 

facilities and DCEs. Paragraph (b) details 

the threshold requirement that 

applicants for registration must be 

familiar with the HMR’s requirements 

regarding specifications for tank cars 

(part 179) and the qualification and 

maintenance of tank cars (part 180, 

subpart F). 

Section 107.903 

This proposed new section § 107.903 

details terms used in part 107, subpart 


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J and includes references to the location 

of their definition. The terms that 

PHMSA proposes to include in this 

section are Design Certifying Engineer 

(defined in § 171.8), Qualification 

(defined in § 180.503), Tank car 

(defined in § 179.2), Tank car facility 

(defined in § 179.2), and Tank car tank 

(defined in § 180.503). Additionally, 

PHMSA proposes to define FRA 

Associate Administrator for Safety and 

FRA Administrator as used in this 

subpart. 

Section 107.905 

This proposed new § 107.905 details 

the requirements for submitting a tank 

car facility registration, including the 

information required in the registration 

statement and where to send the 

information. This section requires all 

tank car facilities to register with 

PHMSA in order to legally qualify a 

DOT specification or special permit tank 

car. 

In order to register with PHMSA, each 

tank car facility is required to provide 

a list of the qualification functions the 

tank car facility will perform, and 

identify the types of DOT specification 

or special permit tank cars that they 

intend to qualify. Paragraph (b) of this 

section prohibits tank car facilities from 

performing qualification functions that 

have not been identified in the 

registration. Each facility must also 

submit an executive summary of its 

current quality assurance program that 

is sufficient to demonstrate compliance 

with the requirements set out in § 179.7 

in order to complete the registration 

process. PHMSA anticipates that this 

information will allow for effective 

oversight of registered tank car facilities. 

Section 107.907 

This proposed new § 107.907 details 

the requirements for submitting a tank 

car DCE registration. This section 

requires a DCE to be registered with 

PHMSA in order to legally approve the 

design of a DOT specification or DOT 

special permit tank car, as well as 

service equipment, and details the 

required information in the registration 

statement and where to send the 

information. Each registrant is required 

to provide a list of the specific design 

approval functions that the DCE will 

perform and identify the types of DOT 

specification and special permit tank 

cars and service equipment that the DCE 

will review. Paragraph (b) of this section 

prohibits design certifying engineers 

from performing design approval 

functions that have not been identified 

in the registration application. The 

registrant must also provide the name of 

each DCE, and a description of each 

DCE’s experience that shows that they 

meet the requirements set out in § 171.8. 

PHMSA anticipates that this 

information will allow for effective 

oversight of registered tank car facilities. 

Section 107.909 

This proposed new § 107.909 details 

the proposed administrative details of 

the tank car facility and tank car DCE 

registration, including renewal 

requirements, requirements to update 

PHMSA on changes in activity and 

personnel, and record retention. As 

proposed, DCE registrations must be 

renewed every six years, and registrants 

must keep PHMSA updated on changes 

in company name, address, ownership, 

personnel employed as tank car DCEs, 

and design approval activities 

performed by the registrant. PHMSA 

will inform FRA of these changes. 

PHMSA and FRA intend that this 

communication will increase our level 

of oversight on the activities of 

engineers who review and approve tank 

car and service equipment designs 

compared the existing AAR TCC closed 

system. Additionally, non-compliance 

with these requirements may create the 

basis for revocation of the registration. 

This will allow PHMSA and FRA 

greater enforcement ability than the 

current system, which will lead to an 

increased level of safety. 

Section 107.911 

This proposed new § 107.911 details 

the reasons for which FRA may modify, 

suspend, or terminate a tank car facility 

or DCE registration. As proposed in 

paragraph (a), reasons for modification, 

suspension, or termination include: (1) 

because of a change in circumstances, 

the registration is no longer needed or 

would no longer be granted if applied 

for; (2) that the application contained 

inaccurate or incomplete information 

and it would not have been granted if 

complete or accurate information was 

provided; (3) that the application 

contained deliberately inaccurate or 

incomplete information; or (4) that the 

registration holder knowingly violated 

the terms of the registration or an 

applicable requirement of 49 CFR 

Chapter I in a manner demonstrating 

lack of fitness to conduct the activity for 

which the registration is required. Upon 

determination of this modification, 

suspension, or termination, and as 

proposed in paragraph (b), FRA will 

notify the registrant in writing or by 

electronic means of the proposed action 

and allow opportunity to show cause as 

to why the proposed action should not 

be taken. The registrant will then have 

30 days to file a response to the notice. 

After consideration of the response, or 

after 30 days have elapsed with no 

response from the registrant, the 

Associate Administrator for Safety, FRA 

will notify the registrant of a final 

decision with a brief statement of 

reasons. 

However, as proposed in paragraph 

(c), if it is necessary to avoid a risk of 

significant harm to persons or property, 

then the Associate Administrator for 

Safety, FRA may declare the proposed 

corrective action immediately effective. 

Section 107.913 

This proposed new § 107.913 details 

the proposed process for requesting 

reconsideration of FRA’s decision to 

modify, suspend, or terminate a tank car 

facility or DCE registration. This 

proposed process is similar to the 

current special permit and approval 

reconsideration procedures in 

§§ 107.123 and 107.715, respectively. As 

proposed in paragraph (a), this request 

would be: (1) by electronic means and 

filed within 20 days of receipt of the 

decision; (2) state in detail any alleged 

errors of fact and law; (3) enclose any 

additional information needed to 

support the request to reconsider; and 

(4) state in detail the modification of the 

final decision. 

As proposed in paragraph (b), newly 

submitted information will be 

considered if the registration holder can 

show that the information could have 

not been submitted when the 

application was processed. 

Furthermore, paragraph (c) specifies 

that the Associate Administrator for 

Safety, FRA will grant or deny, in whole 

or in part, the relief requested, and 

allows the Associate Administrator for 

Safety, FRA to notify the requesting 

party of the decision in writing or by 

electronic means. 

Section 107.915 

This proposed new § 107.915 details 

the process for requesting an appeal of 

FRA’s decision on reconsideration 

regarding a modified, suspended, or 

terminated tank car facility or DCE 

registration. This will ensure that the 

registrant has been provided due 

process. The appeal of the Associate 

Administrator for Safety, FRA’s decision 

will be adjudicated by the FRA 

Administrator. Similar to §§ 107.911 

and 107.913, the language in § 107.915 

mirrors the current appeal process for 

DOT special permits and approvals in 

§§ 107.125 and 107.717, respectively, 

except that the appeal is directed to 

FRA, rather than PHMSA. 

As proposed in paragraph (a), the 

appeal will be submitted to the FRA 

Administrator and must: (1) be by 

electronic means and filed within 30 


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days of receipt of the Associate 

Administrator for Safety, FRA’s 

decision; (2) state in detail any alleged 

errors of fact and law; (3) enclose any 

additional information needed to 

support the appeal; and (4) state in 

detail the modification of the final 

decision sought. Furthermore, as 

detailed in paragraph (b), the FRA 

Administrator may declare the 

Associate Administrator for Safety, 

FRA’s action remain effective pending a 

decision on appeal, if it is necessary to 

avoid a risk of significant harm to 

persons or property. Lastly, as proposed 

in paragraph (c), the FRA Administrator 

will grant or deny, in whole or in part, 

the relief requested. This decision is the 

final administrative action. 

Part 171 

Section 171.6 

Section 171.6 provides information on 

the Office of Management and Budget 

(OMB) control numbers assigned to 

information collection in the HMR 

under the Paperwork Reduction Act of 

1995. The paragraph (b)(2) table lists all 

of the HMR sections associated with 

each OMB control number. As this 

NPRM proposes to add new information 

collection to the regulations, PHMSA 

proposes to revise the table to include 

the section references where this 

information collection request is 

specified. In addition, PHMSA proposes 

minor editorial revisions for 

grammatical consistency. For details on 

the affected OMB control numbers, see 

‘‘Section V.G. Paperwork Reduction 

Act.’’ 

Section 171.7 

This section details the IBR 

documents in the HMR. Paragraph (h) 

details IBR documents of the American 

Society of Testing and Materials 

(ASTM). In paragraph (h)(39), PHMSA 

proposes an editorial revision for 

standard method ‘‘ASTM D 1838–64 

Copper Strip Corrosion by Liquefied 

Petroleum (LP) Gases, 1964’’ by adding 

the date ‘‘Reapproved 1968.’’ The 

current IBR document for the 1964 

edition of ASTM 1838–64 has a 

reapproved date of 1968, but it is not 

specified in § 171.7. Therefore, PHMSA 

proposes this editorial amendment to 

add this date to provide regulatory 

clarity without amending the actual IBR 

standard. This standard is available for 

purchase at the following online 

location: https://webstore.ansi.org/. 

Paragraph (k) details IBR documents 

of the AAR. In paragraph (k), PHMSA 

proposes to revise editorially the AAR 

mailing address and website. As 

discussed in ‘‘Section II.A. Railroad 

Safety Advisory Committee,’’ PHMSA 

proposes to update the edition of and 

revise how the AAR Manual of 

Standards and Recommended Practices, 

Section C—III, Specifications for Tank 

Cars, Specification M–1002 (AAR 

Specifications for Tank Cars) is 

incorporated by reference in the HMR. 

Specifically, PHMSA proposes to 

update the 2014 edition of the AAR 

Specifications for Tank Cars, divide it 

into its component chapters and 

appendices and incorporate by reference 

each chapter and appendix in the 

relevant section of the HMR, as agreed 

to by the RSAC. This revision provides 

more specificity on the relevant AAR 

chapters and appendices that are 

incorporated by reference throughout 

the HMR, instead of generally indicating 

the entire manual. Additionally, 

PHMSA proposes to update the edition 

of the AAR Manual of Standards and 

Recommended Practices, Section C—II, 

Specifications for Design, Fabrication 

and Construction of Freight Cars, 

Chapter 5 to the 2011 edition from the 

1988 edition, as agreed by the RSAC. 

This update also requires updating the 

title of the standard from ‘‘AAR 

Specifications for Design, Fabrication 

and Construction of Freight Cars,’’ to 

‘‘AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication 

and Construction of Freight Cars’’ and 

moving the IBR from § 171.7(k)(4) to 

paragraph (k)(1) to align with the 

numerical organization of this 

paragraph. PHMSA also proposes to 

incorporate by reference the updated 

2016 edition of the AAR Manual of 

Standards and Recommended Practices, 

Section C, Car Construction 

Fundamentals and Details, Standard S– 

286, Free/Unrestricted Interchange for 

286,000 lb Gross Rail Load Cars for rail 

cars weighing up to 286,000 lbs., as 

agreed in RSAC into § 179.13, and move 

the current S–286 IBR reference to 

§ 171.7(k)(20). These revisions are 

intended to update the incorporated by 

reference versions of these industry 

standards to reflect the current state of 

the art. 

There are several sections and 

appendices from the AAR Specifications 

for Tank Cars that were recommended 

by the RSAC but are not proposed. This 

is because, based on the proposal to 

remove AAR as the sole approval for 

tank car designs, the incorporation by 

reference of these sections and 

appendices is not needed in the HMR at 

this time. As such, PHMSA does not 

propose to IBR Appendix B, Appendix 

L, and Appendix U of the AAR 

Specifications for Tank Cars into the 

HMR. As a matter of amendatory 

instructions, in § 171.7(k), PHMSA 

proposes to reserve where the omitted 

chapters and appendices would 

traditionally be located for future 

regulatory flexibility. See ‘‘Section 

II.B.6. AAR Specifications for Tank Cars 

Incorporation by Reference’’ for 

additional details. 

PHMSA also proposes to incorporate 

by reference the following AAR 

documents: 

• AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication 

and Construction of Freight Cars, 

Chapter 6 into § 179.400–6; 

• AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars) Chapter 2 

in § 179.102–3; 

• AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars) Chapter 3 

into §§ 173.241, 173.242, and 173.247; 

and 

• AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars) Appendix 

W into § 179.11. 

Additional information on the 

purpose and intent of these IBRs can be 

found in their respective section-bysection discussions. These standards are 

available for purchase at the following 

online location: https://aarpublications.

com/msrp.html. 

Paragraph (l) details IBR documents of 

the CI. Currently, paragraphs (l)(3) and 

(l)(4) include the IBR drawings for 

authorized PRDs for cargo tanks 

transporting chlorine. As discussed in 

‘‘Section II.E. P–1712,’’ instead of 

adding the third drawing found in CI 

Pamphlet 49 to § 171.7, PHMSA 

proposes to remove the references to the 

PRD drawings and incorporate by 

reference CI Pamphlet 49 in total. Thus, 

PHMSA proposes to revise paragraph 

(l)(3) to read ‘‘Pamphlet 49, 

Recommended Practices for Handling 

Chlorine Bulk Highway Transports, 

Edition 10, December 2016, into 

§ 173.315’’ and reserving paragraph 

(l)(4). This standard is available for 

purchase at the following online 

location: https://www.chlorineinstitute.

org/products. 

Paragraph (n) details IBR documents 

of the CGA. In paragraph (n)(21), 

PHMSA proposes to update ‘‘CGA 

Technical Bulletin TB–2, Guidelines for 

Inspection and Repair of MC–330 and 


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MC–331 Cargo Tanks, 1980’’ to the 1997 

edition, reaffirmed in 2015. The 

Technical Bulletin is now titled ‘‘P–26: 

Guidelines for Inspection and Repair of 

MC–330 and MC–331 Anhydrous 

Ammonia Cargo Tanks (formerly TB– 

2).’’ PHMSA proposes to incorporate by 

reference this newer version because it 

directs readers to the correct, relevant 

HMR citations and provides clearer 

instruction on the guidelines provided 

in the standard. For example, many of 

the HMR references in the 1980 edition 

(i.e., the current IBR) point to part 173; 

however, the requirements are now 

found in part 180. PHMSA has 

reorganized the HMR and, thus, the 

citations in the 1980 edition are 

inaccurate, and updating to the 1997 

edition will provide correct citations. 

These standards are available for 

purchase at the following online 

location: https://www.cganet.com/ 

standards/. 

Section 171.8 

Section 171.8 defines terms in the 

HMR. PHMSA proposes to amend the 

following definitions: 

• Cargo tank: PHMSA proposes 

several minor editorial revisions to 

paragraph (1), which currently defines 

the materials a cargo tank is intended to 

hold, the encompassing parts of a cargo 

tank, and the HMR citations that detail 

cargo tank specifications. PHMSA 

proposed revisions include: 

Æ Add ‘‘solids’’ and ‘‘semi-solids’’ to 

the list of materials transported in cargo 

tanks, consistent with the § 178.320(a) 

definition of cargo tank; 

Æ Consistent with the proposal to add 

a definition for component, which 

includes ‘‘fittings’’ as a type of 

component, replace the term ‘‘fittings’’ 

with the term ‘‘components.’’ See 

‘‘Section IV. Section-by-Section Review; 

Part 178; Section 178.320’’; 

Æ Alphabetize the list of parts of a 

cargo tank encompassed in the 

definition; 

Æ Revise the phrase ‘‘the definition of 

a tank’’ to read as ‘‘cargo tank 

specifications’’ in the parenthetical 

introductory language as this more 

accurately describes the section 

references list in paragraph (1); 

Æ Add a reference to § 178.345–1, as 

it is currently not included in the 

citation list, but should be included, as 

this section details cargo tank 

specifications for DOT Specification 

406, 407, and 412 cargo tanks. 

• Design Certifying Engineer: PHMSA 

proposes to make an editorial 

amendment to the current cargo tank 

DCE definition and add provisions to 

account for a tank car DCE. To 

accommodate the new criteria for a tank 

car DCE, PHMSA proposes to reorganize 

the current cargo tank DCE requirements 

from paragraphs (1)–(3) to paragraphs 

(1)(i)–(iii). PHMSA also proposes an 

editorial amendment in proposed 

paragraph (1)(i) to clarify that the one 

year of work experience requirement is 

a minimum requirement. The definition 

currently specifies a person must have 

exactly one year of experience in cargo 

tank structural or mechanical design 

with an engineering degree; however, it 

is not PHMSA’s intent to limit this to 

only one year of experience. Instead, a 

person with at least one year of work 

experience in cargo tank structural or 

mechanical design, in addition to an 

engineering degree, meets the definition 

of a DCE for cargo tanks. 

Additionally, and as previously 

discussed, PHMSA proposes to add 

criteria for a tank car DCE. As such, 

PHMSA proposes to revise the 

introductory paragraph and add 

paragraphs (2)(i) and (ii). The proposed 

criteria in paragraphs (2)(i) and (ii) 

mirror the current cargo tank DCE 

criteria in paragraphs (1)(i) and (ii). 

Specifically, as proposed, a Design 

Certifying Engineer for a tank car is ‘‘a 

person registered in accordance with 

subpart . . . J of part 107 . . . who has 

the knowledge and ability to perform 

stress analysis of pressure vessels and 

otherwise determine whether a . . . 

tank car design and construction meets 

the applicable DOT specification.’’ In 

addition, a tank car DCE is a person who 

either: ‘‘(i) has an engineering degree 

and at least one year of work experience 

in tank car structural or mechanical 

design or (ii) is currently registered as 

a professional engineer by an 

appropriate authority of a State of the 

United States or a province of Canada.’’ 

See ‘‘Section II.B.2. Tank Car Design 

Approval’’ for additional information on 

the proposed creation of tank car DCEs 

and ‘‘Section II.B.5. Tank Car Facility 

and Design Certifying Engineer 

Registration’’ for additional details on 

proposed registration requirements for 

DCEs. 

Section 171.22 

Section 171.22 authorizes the use of 

international dangerous goods 

transportation standards in place of the 

HMR, subject to the conditions and 

restrictions of §§ 171.22 to 171.26, 

including use of the International Civil 

Aviation Organization’s (ICAO) 

Technical Instructions for the Safe 

Transport of Dangerous Goods by Air 

(Technical Instructions), the IMDG 

Code, Transport Canada’s 

Transportation of Dangerous Goods 

(TDG) Regulations, and the International 

Atomic Energy Agency (IAEA) 

Regulations. PHMSA proposes to revise 

paragraph (f)(4) to specify that in 

addition to retaining a copy of the 

shipping paper, a person who provides 

for transportation or receives for 

transportation a shipping paper must 

make the shipping paper readily 

accessible for inspection. PHMSA and 

its modal partners have determined that 

the current shipping paper accessibility 

requirements in § 171.22(f)(4) create 

unnecessary delays during routine 

inspections because these forms are 

often made available several hours or 

days after the inspections are 

conducted. Therefore, PHMSA proposes 

to revise paragraph (f)(4) to indicate 

more clearly the expectation that 

shipping paper information must be 

made readily accessible to inspectors or 

other authorized individuals during 

inspections. This change is intended to 

increase safety by improving the ability 

of inspectors to conduct their reviews of 

hazardous materials shipments and 

increase efficiency by facilitating a 

quicker return to commerce for 

hazardous materials delayed by 

inspection. The intent of this revision is 

to ensure timely provision of shipping 

paper information for inspection of 

shipments in transportation (e.g., 

container inspections in port areas). 

Access to historic shipping paper 

information after transportation has 

ended is a separate scenario, and may 

have other standards for reasonable 

provision of shipping paper information 

(e.g., close of business the following 

business day for historic rail shipping 

paper information). See ‘‘Section IV. 

Section-by-Section Review; Part 174; 

Section 174.24’’ for further discussion of 

historic shipping paper availability in 

rail transportation. 

Section 171.23 

Section 171.23 establishes HMR 

requirements for specific materials and 

packagings transported under the ICAO 

Technical Instructions, IMDG Code, 

Transport Canada’s TDG Regulations, 

and the IAEA Regulations. PHMSA 

proposes to revise the introductory text 

of paragraph (b)(5) and paragraph 

(b)(5)(iii) to clarify that the letters ‘‘RQ’’ 

and the name of the hazardous 

substance must be marked only on nonbulk packages that contain reportable 

quantities of a hazardous substance. The 

HMR do not currently require this 

marking on bulk packages because 

§ 172.324, which requires the ‘‘RQ’’ 

marking, only applies to non-bulk 

packages. However, PHMSA and USCG 

understand that international shippers 

occasionally misinterpret § 171.23(b) as 

requiring this marking on bulk 

packagings. This proposed revision is 


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32 75 FR 10973 (Mar. 9, 2010). 

intended to decrease burdens on 

shippers by clarifying which markings 

are required and to avoid confusion in 

port areas. Shippers may apply the 

letters ‘‘RQ’’ and the name of the 

hazardous substance on a bulk 

packaging, but PHMSA and USCG 

discourage this practice as it might be 

unnecessarily confusing and 

burdensome. 

Part 172 

Section 172.101 

Section 172.101 lists the HMT and 

provides explanatory text on the use of 

the table. Paragraph (j) provides 

explanatory text about Columns (9A) 

and (9B) of the HMT, including an 

indication that Column (9A) of the HMT 

identifies the maximum quantity of 

hazardous materials that may be offered 

in one package when transported by 

passenger-carrying aircraft or passengercarrying rail car. However, as defined in 

§ 171.8, a rail car means a car designed 

to carry freight or non-passenger 

personnel by rail. Therefore, a 

‘‘passenger-carrying rail car’’ is 

inconsistent with the definition of a rail 

car. PHMSA proposes to revise 

editorially § 172.101(j) to indicate 

instead that Column (9A) is for the 

quantity limitation of passengercarrying aircraft and passenger-carrying 

rail. This proposal decreases potential 

regulatory confusion without impacting 

safety. The proposed language was 

approved by consensus vote at the May 

25, 2017, RSAC meeting and offered to 

PHMSA and FRA for consideration. 

Section 172.102 

This section details the meaning and 

requirements of the special provisions 

listed in Column (7) of the HMT. 

Special provision 13 is assigned to 

‘‘UN1005, Ammonia, anhydrous, 2.2’’ 

and ‘‘UN3318, Ammonia solution, 

relative density less than 0.880 at 15 

degrees C in water, with more than 50 

percent ammonia, 2.2.’’ PHMSA 

proposes to clarify that these materials 

are subject to security plan 

requirements. In final rule HM–232F,32

PHMSA specified this stance: 

While anhydrous ammonia is classed for 

domestic transportation as a Division 2.2 

material, it does pose a significant inhalation 

hazard and, thus, should be subjected to 

safety and security requirements that address 

that hazard. [PHMSA] note[s] further that by 

requiring security plans for materials that 

meet the definition for a material poisonous 

by inhalation, all materials that exhibit PIH 

characteristics are covered even if they are 

not specifically identified in column 3 of the 

§ 172.101 table as Division 2.3 or 6.1 

materials. 

However, as currently written, it is 

not clear that security plan requirements 

apply to these shipments. Therefore, to 

ensure safe transportation of these 

hazardous materials, to facilitate 

compliance with the HMR, and to 

provide additional clarity, PHMSA 

proposes to specify that security plan 

requirements apply to materials 

assigned to special provision 13. This 

does not affect the classification of 

UN1005 and UN3318, and they may 

continue to be placarded with the 

Division 2.2 placard for domestic 

transportation. Additionally, this 

proposed change does not mean that 

persons who transport UN1005 or 

UN3318 are subject to FMCSA safety 

permit requirements; rather, the change 

is an explicit reminder that security 

plan requirements apply to this 

material. 

PHMSA also proposes to revise 

special provision B45. This special 

provision, which is currently assigned 

to ‘‘UN1067, Dinitrogen tetroxide, 2.3 

(5.1, 8),’’ requires that, ‘‘each tank must 

have a reclosing combination pressure 

relief device equipped with stainless 

steel or platinum rupture discs 

approved by the AAR Tank Car 

Committee.’’ In conformance with other 

proposals throughout this NPRM 

regarding AAR TCC approval 

requirements, PHMSA proposes to 

replace the reference to AAR TCC 

approval with a reference to a tank car 

DCE approval. 

Section 172.303 

This section identifies that no person 

may offer for transportation or transport 

a package marked as a hazardous 

material, unless the package contains 

that hazardous material, its residue, or 

it is excepted in accordance with 

paragraph (b) of the section. PHMSA 

proposes to add paragraph (b)(4) to 

permit the continued display of the 

‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude 

oil markings when the hazardous 

material is no longer present. Section 

172.502(b)(2) currently authorizes this 

continued display, as the section 

specifies that the display of a 

‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude 

oil marking is not a prohibited placard. 

However, because § 172.303 does not 

include a matching provision to allow 

for the continued display of the 

‘‘BIOHAZARD’’, ‘‘HOT’’, or sour crude 

oil markings, there may be potential 

confusion. Therefore, to provide 

regulatory clarity and to reinforce the 

current authorization, PHMSA proposes 

the editorial revision in § 172.303 to 

mirror the allowance in § 172.502. 

Section 172.328 

Section 172.328 details cargo tank 

marking requirements. Paragraph (d) 

requires that after October 3, 2005, each 

on-vehicle manually activated remote 

shutoff device for closure of the internal 

self-closing stop valve must have 

‘‘Emergency Shutoff’’ marked on the 

cargo tank. 

PHMSA proposes to add a paragraph 

title of ‘‘Emergency shutoff marking’’ to 

paragraph (d) to clarify that the 

paragraph relates to emergency shutoff 

markings. The Office of Federal Register 

Document Drafting Handbook provides 

instruction that when one section 

paragraph has a heading, all of the other 

paragraphs in the section should as 

well. As the other paragraphs in 

§ 172.328 have headings, this editorial 

proposal ensures conformity with the 

Office of Federal Register Drafting 

Document Handbook. 

PHMSA proposes to further revise 

paragraph (d) editorially. First, PHMSA 

proposes to remove the compliance date 

of October 3, 2005, from paragraph (d). 

As this date has passed, there is no need 

for the compliance date to remain in the 

paragraph. PHMSA also proposes to add 

introductory language to this paragraph 

to specify that the emergency shutoff 

marking is only required for cargo tank 

motor vehicles subject to emergency 

remote shutoff device requirements 

under the HMR. This is not intended to 

add any new regulatory requirements; 

instead, it is added to clarify editorially 

the applicability of the paragraph. 

Lastly, PHMSA proposes to require 

that the emergency shutoff marking 

requirement applies to both internal and 

external self-closing stop valves, instead 

of just internal self-closing stop valves. 

This proposal addresses a potential 

safety gap where an external self-closing 

stop valve is on the cargo tank, but it is 

not appropriately marked. Thus, both 

internal and external self-closing stop 

valves can be appropriately identified 

and activated during a hazardous 

material incident, which leads to an 

increase in safety. 

Section 172.336 

Section 172.336 outlines special 

provisions for the display of UN ID 

numbers. PHMSA proposes to revise the 

§ 172.336(c) table, which provides 

scenarios where UN ID numbers are 

either not required or an exception 

applies. As discussed in ‘‘Section II.D. 

Cargo Tank Marking for Petroleum 

Distillate Fuels,’’ PHMSA proposes to 

add a sixth row to the table to authorize 

display of the UN ID number 

representing the petroleum distillate 

fuel with the lowest flash point that is 


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33 20 FR 20944 (May 15, 1992). 

34 68 FR 14510 (Mar. 25, 2003). 

transported in a cargo tank in different 

trips on the previous or current business 

day. However, due to different 

emergency response procedures, 

PHMSA also proposes that the 

exception is not applicable when the 

cargo tank transports gasoline and 

alcohol fuel blends consisting of more 

than 10% ethanol. This is consistent 

with the current requirements in the 

fifth row of the table. Specifically, 

PHMSA proposes that in this 

circumstance, the UN ID numbers 

‘‘3475’’ or ‘‘1987’’ must also be 

displayed, as appropriate, and the cargo 

tank may only display ‘‘3475’’ or ‘‘1987’’ 

when the material is in the cargo tank. 

Therefore, if the liquid petroleum 

distillate fuel with the lowest flash 

point transported in the cargo tank in 

different trips on the previous or current 

business day is a gasoline and alcohol 

fuel blend consisting of more than 10% 

ethanol, and it is not being transported 

in the cargo tank, ‘‘3475’’ or ‘‘1987’’ may 

not be displayed on the cargo tank. In 

this scenario, the cargo tank should 

display either the UN ID number of the 

liquid petroleum distillate fuel with the 

next lowest flash point transported in 

different trips on the previous or current 

business day or the liquid petroleum 

distillate fuel that is being transported. 

Lastly, PHMSA proposes to specify 

that the exception in the fifth row only 

applies to compartmented cargo tanks 

and compartmented tank cars. This will 

distinguish clearly the fifth and sixth 

row exceptions. The fifth row authorizes 

the display of the UN ID number of the 

petroleum distillate fuel with the lowest 

flash point when the cargo tank or tank 

car contains more than one petroleum 

distillate fuel. The fifth-row exception is 

only possible when the cargo tank or the 

tank car is compartmented (i.e., it has 

multiple compartments each with a 

different petroleum distillate fuel). 

Therefore, PHMSA proposes to remove 

the term ‘‘cargo tank’’ to indicate clearly 

the exception only applies to 

‘‘compartmented cargo tanks or 

compartmented tank cars.’’ 

Section 172.504 

Section 172.504 prescribes the general 

requirements for placarding. Paragraph 

(b) authorizes the use of the 

‘‘DANGEROUS’’ placard when 

transporting two or more categories of 

hazardous materials that require a 

different placard specified in table 2 of 

§ 172.504(e). PHMSA proposes to 

prohibit the use of the ‘‘DANGEROUS’’ 

placard to describe multiple categories 

of hazardous materials being 

transported by vessel. PHMSA and 

USCG identified vessel operator 

confusion with the display of the 

‘‘DANGEROUS’’ placard because the 

‘‘DANGEROUS’’ placard is not 

authorized in the IMDG Code. It is 

advantageous to harmonize the HMR 

with the IMDG Code to promote 

efficient vessel transportation by 

removing the authorization to use this 

placard. Furthermore, the 

‘‘DANGEROUS’’ placard may not 

provide adequate information on the 

hazardous materials inside the container 

for emergency response onboard vessels. 

PHMSA and USCG experience is that it 

is also very rare for the ‘‘DANGEROUS’’ 

placard to be displayed on a freight 

container for vessel transportation. 

Therefore, PHMSA proposes to add this 

limitation in a new paragraph (b)(2), 

while also moving the existing usage 

limitation for the ‘‘DANGEROUS’’ 

placard (over 2,205 lbs. aggregate gross 

weight or more of one category of 

material is loaded at one loading 

facility) to a new paragraph (b)(1). 

Please note that ‘‘DANGEROUS’’ 

placards may continue to be 

appropriately used for highway or rail 

transportation, when applicable, prior 

to, or after, the portion of transportation 

by vessel. 

Section 172.516 

Section 172.516 details the visibility 

and display of placards, including 

paragraph (d), which specifies that the 

recommended placard holder 

specifications are set forth in Appendix 

C. PHMSA proposes to revise the size of 

the recommended placard holder 

dimensions in Appendix C to part 172. 

As detailed in ‘‘Section IV. Section-bySection Review; Part 172; Appendix C 

to Part 172,’’ the recommended placard 

holder that is currently authorized in 

the HMR may continue to be used, even 

if the revised placard holder in 

Appendix C to part 172 is adopted in a 

final rule. However, to ensure that there 

is no confusion with this allowance, 

PHMSA proposes to revise § 172.516(d) 

to add a reference to the placard holder 

authorized in Appendix C prior to a 

final rule effective date as an authorized 

placard holder. 

Section 172.704 

Section 172.704 details HMR training 

requirements. Paragraph (a)(2) includes 

requirements for function-specific 

training. PHMSA proposes to add 

paragraph (a)(2)(iii) to reference 

§ 177.816 for highway transportation 

function-specific training. This new 

paragraph will help to provide 

regulatory clarity and ensure those 

persons transporting hazardous 

materials by highway meet the functionspecific training in § 177.816, without 

adding any additional requirements. 

Section 172.704(e)(1) excepts a 

hazmat employee from the paragraph 

(a)(3) safety training when the hazmat 

employee repairs, modifies, 

reconditions, or tests packagings, as 

qualified for use in the transportation of 

hazardous materials, and who does not 

perform any other function in the HMR. 

PHMSA proposes to revise paragraph 

(e)(1) to add an exception from the 

security awareness training requirement 

in paragraph (a)(4). Final rule HM– 

126F,33 added training requirements to 

the HMR, including the exception from 

safety awareness training in paragraph 

(e)(1). Security awareness training was 

not included in the exception because 

the requirement for security awareness 

training was not added to the HMR until 

RSPA published final rule HM–232.34 In 

HM–232, RSPA provided the following 

reasoning for the need of security 

awareness training: 

Because many hazardous materials 

transported in commerce may potentially be 

used as weapons of mass destruction or 

weapons of convenience, it is critical to the 

assurance of public safety that training for 

persons who offer and transport hazardous 

materials in commerce include a security 

component. 

While HM–232 provides a need for 

security awareness training, RSPA did 

not comment on whether it intended to 

exclude security awareness training 

from the exception in paragraph (e)(1). 

PHMSA affirms that security awareness 

training is essential to ensure that 

hazardous materials are transported in 

commerce safely. However, upon 

review, PHMSA acknowledges that the 

burden of security awareness training 

imposed on hazmat employees who 

only manufacture, repair, modify, 

recondition, or test packagings, and do 

not perform any other function subject 

to the HMR, may not present the same 

security benefit as for those who 

directly offer or transport hazardous 

materials. PHMSA expects that the 

packagings a hazmat employee 

manufactures, repairs, modifies, 

reconditions, or tests are empty and free 

of hazardous materials, and we seek 

comment on this expectation. As 

described in HM–232, the creation of 

security awareness training was related 

to concerns about hazardous materials 

transported in commerce being used as 

weapons of mass destruction or 

weapons of convenience. A hazmat 

employee whose sole hazmat function is 

qualifying a packaging would not 

interact with a hazardous material that 

could be used as a weapon; therefore, 

PHMSA does not expect a reduction in 


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35See Letter of Interpretation Reference No. 05– 

0064: https://www.phmsa.dot.gov/regulations/ 

title49/interp/05-0064. 36 76 FR 43510 (Jul. 20, 2011). 

security by providing these employees 

an exception from security awareness 

training. Therefore, PHMSA proposes to 

add the security awareness training of 

paragraph (a)(4) to the paragraph (e)(1) 

exception for persons performing only 

repairs, modifications, reconditioning, 

or testing of packagings and no other 

functions subject to the HMR. 

Additionally, PHMSA proposes to 

expand the eligibility of hazmat 

employees excepted from safety and 

security training to include package 

‘‘manufacturers.’’ In review of paragraph 

(e)(1), it was determined that package 

manufacturers were unintentionally 

excluded from this exception and 

including package manufacturers to this 

exception ensures the paragraph 

conforms to guidance previously issued 

by PHMSA.35 Therefore, PHMSA 

proposes to include package 

‘‘manufacturers’’ among the list of 

hazmat employees excepted from safety 

and, as proposed, security awareness 

training. Although these changes 

broaden the population of persons 

excepted from safety and security 

awareness training, PHMSA expects the 

safety and security of hazardous 

materials transportation will be 

maintained because of this training’s 

primary focus on persons who offer or 

transport hazardous materials. 

Section 172.820 

Section 172.820 outlines additional 

security plan requirements for certain 

hazardous materials transported by rail. 

The requirements for a rail carrier to 

identify and analyze practicable 

alternative routes are specified in 

paragraph (d). As currently written, 

there is no instruction provided for a 

situation where no alternative routes 

exist. Therefore, PHMSA proposes to 

revise paragraph (d) to provide an 

exception from the requirement to 

conduct an alternative route analysis, 

when no practicable alternative routes 

exist, including consideration of 

interchange agreements. The rail carrier 

must describe, in writing, the 

remediation or mitigation measures to 

be implemented, if any, on the primary 

route in conformance with 

§ 172.820(d)(1)(iii) and certify that an 

alternative route does not exist for a 

given primary route. For example, a 

shortline railroad with only one 

possible route to move material subject 

to § 172.820 is not required to analyze 

alternative routes owned by other 

railroads. HMIWG discussed the 

proposed paragraph (d)(3) at its August 

16–17, 2016, meeting. The proposed 

language was approved by consensus 

vote at the May 25, 2017, RSAC meeting 

and offered to PHMSA and FRA for 

consideration. PHMSA expects safety 

will be maintained as a result of this 

proposal, because it is not possible to 

conduct an alternate route analysis 

where no alternate route(s) exist. In this 

NPRM, we propose a minor revision to 

the proposed text of (d)(3) to indicate 

that the exception applies to the 

requirements of (d)(1) and (d)(2). 

Appendix C to Part 172 

Appendix C to part 172 specifies the 

dimensions for a recommended placard 

holder. PHMSA proposes to revise the 

recommended placard holder drawing 

from a one-side minimum dimension of 

273 mm (10 3⁄4 inch) to 250 mm (9.84 

inch). This revised dimension meets the 

current minimum placard size in 

§ 172.519(c). In final rule HM–218F,36

PHMSA made miscellaneous 

amendments to update and clarify 

certain regulatory requirements, 

including amending the placard 

dimensions in § 172.519(c) to harmonize 

with international standards. 

Specifically, HM–218F revised the 

dimensions of a placard from at least 

273 mm (10.8 inches) on each side to 

the current dimension of at least 250 

mm (9.84 inches) on each side. 

However, when the revision was made 

to § 172.519(c), an accompanying 

revision to the recommended placard 

holder dimensions in Appendix C to 

part 172 was not made. This has 

resulted in placard holders that may not 

correctly fit placards thereby, creating 

the potential for certain communication 

elements of the placard to be obscured. 

To prevent this potentially unsafe and 

noncompliant situation, PHMSA 

proposes to reduce the dimensions of 

the recommended placard holder with 

revised dimensions that are consistent 

with the current minimum placard 

dimension of 250 mm (9.84 inches) on 

each side, because hazard 

communication information may be 

obscured. Appendix C provides only 

recommended dimensions. A larger 

version of a placard holder suitable for 

larger placards may continue to be used 

since the side dimensions for the 

placards and placard holders are a 

minimum specification. 

Part 173 

Section 173.31 

Section 173.31 prescribes the 

requirements for use of tank cars. 

Paragraph (a)(2) specifies that tank cars 

and appurtenances may be used for the 

transportation of any commodity for 

which they are authorized and as 

specified on the certificate of 

construction. PHMSA proposes to revise 

paragraph (a)(2) in conformance with 

the proposal to replace AAR TCC 

approval with tank car DCE approval. 

Specifically, PHMSA proposes to 

indicate that tank cars and 

appurtenances may be used for the 

transportation of the commodity 

specified on the DAC, while also 

providing a one-year transition period 

during which certificates of 

construction may still be issued. 

Existing tank cars approved for use by 

the AAR TCC may continue in use for 

the rest of their authorized life pursuant 

to their existing AAR Form 4–2 

certificate of construction, subject to 

periodic qualification as required by 

part 180 subpart F. Additionally, 

PHMSA proposes to replace the 

reference to the AAR TCC approval with 

approval by a tank car DCE, consistent 

with the other proposed changes. 

Section 173.31(d) outlines the 

requirements for examination of a tank 

car prior to shipping. Review of incident 

data involving non-accident hazardous 

materials releases from tank cars 

indicates that most releases occur 

because of improperly secured closures 

on tank cars. Additionally, the majority 

of those failures occur at the manway 

cover due to a failure to secure the 

manway in accordance with the 

equipment owner and gasket 

manufacturer closure instructions, 

including the bolt securement 

sequences, tools, and torque 

specifications. Currently, there is no 

requirement in the HMR that offerors of 

tank cars containing hazardous 

materials develop and implement 

closure procedures that are consistent 

with the industry standards and 

Original Equipment Manufacturer 

(OEM) recommendations. However, the 

HMR does require manufacturers of 

other packagings, namely those 

specified in part 178, to forward closure 

instructions to each person to which the 

package is transferred, and that each 

person who closes those packagings 

must do so in accordance with the 

manufacturer’s closure instructions. 

Therefore, in the interest of improving 

safety and consistency with 

requirements for closures for part 178 

packaging types, PHMSA proposes 

several amendments to § 173.31(d). For 

clarity, PHMSA proposes to amend the 

format of paragraph (d) by revising the 

paragraph title to read ‘‘pretransportation closure, securement, and 

examination of tank cars’’ and providing 

each paragraph a title. PHMSA proposes 


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37See PHMSA Letters of Interpretation Gale to 

Ross, May 31, 2006 (Reference No. 06–0058: https:// 

www.phmsa.dot.gov/regulations/title49/interp/06- 

0058) and Foster to Rodgers, October 11, 2018 

(Reference No. 18–0032: https://

www.phmsa.dot.gov/regulations/title49/interp/18- 

0032). 38 21 FR 4432 (June 23, 1956). 

additional substantive amendments by 

adding introductory text on the 

expectations of offerors prior to 

transportation, and by adding regulatory 

text to require a closure and securement 

procedure including a two-year periodic 

review of the procedure. As proposed, 

offerors must develop and maintain a 

written procedure for closing and 

securing all tank car openings. PHMSA 

and FRA expect that offerors will use 

available best practices and guidance 

from packaging and component 

manufactures in development of these 

procedures. These proposed changes to 

§ 173.31(d) are designed to ensure that 

minimum standards for closures and 

their securement on tank cars are 

implemented to prevent releases of 

hazardous material. Rail carriers, rail 

hazmat shippers, equipment owners, 

and manufacturers all have a vested 

interest in ensuring tank cars are 

routinely operated and closed in a 

reliable and repeatable manner that is 

consistent with industry standards and 

OEM recommendations. PHMSA and 

FRA expect that this regulatory change 

will result in a net benefit to safety by 

ensuring proper securement of tank car 

closures, thus reducing the number of 

hazardous material releases by rail. 

Reduction in releases will have a 

positive impact on the environment, 

including potential reductions in 

greenhouse gas emissions. 

Section 173.31(g) outlines the 

requirements for tank car loading and 

unloading. The proposed changes to 

§ 173.31(g) are intended to clarify the 

requirements for tank car unloading by 

adopting language from long-standing 

PHMSA letters of interpretation.37

These letters of interpretation explain 

that the intent of paragraph (g) is to 

ensure the entry to a track where a tank 

car is being loaded or unloaded is 

secured. The proposed revisions to 

§ 173.31(g) clarify that the mechanism 

used to satisfy securement should be 

under the direct control of the loading 

or unloading operator and locked in 

place so that it can only be removed by 

the employee responsible for the 

product transfer. The mechanism 

should also be capable of stopping or 

diverting incoming rail equipment to 

prevent contact with the tank car being 

offloaded (e.g., lined and locked switch 

or derail). The example of bumper 

blocks in the current requirements of 

paragraph (g)(1) are proposed to be 

removed because, as discussed at 

HMIWG meeting, the majority of 

companies subject to this requirement 

accomplish compliance with the use of 

a derail or a switch. Additionally, 

PHMSA and FRA have concerns that 

some bumper blocks do not satisfy the 

requirements of the paragraph. Bumper 

blocks may continue to be used to meet 

the requirements of paragraph (g) 

provided they provide an equivalent 

level of security to lining and locking 

switches or using derails, but PHMSA 

proposes not to specifically call out 

bumper blocks as an option in 

paragraph (g). Lastly, in new paragraphs 

(g)(1)(i)(A)–(D), PHMSA proposes to 

clarify the performance of track 

securement operations in association 

with loading or unloading of tank cars 

to account for circumstances in which 

the securement may be temporarily 

removed for necessary intra-plant 

repositioning of rail cars. The proposed 

requirements in (g)(1)(i)(A)–(D) align 

with current industry practice and are 

intended to protect railroad personnel 

and the tank car being loaded or 

unloaded from interaction with other 

rail cars undergoing switching in intraplant operations that would otherwise 

be delayed or obstructed without the 

possibility of temporarily removing 

measures for securement of the track. 

The final recommended language was 

approved by consensus vote at the May 

25, 2017, RSAC meeting and offered to 

PHMSA and FRA for consideration. 

Section 173.150 

Section 173.150 details exceptions for 

Class 3 (flammable and combustible 

liquids) hazardous materials. Paragraph 

(f)(3) provides an exception for 

combustible liquids transported in bulk 

packaging or combustible liquids 

meeting the definition of a hazardous 

substance, hazardous waste, or a marine 

pollutant. In § 173.150(f)(3)(viii), 

PHMSA proposes to add a reference to 

§ 177.837(c). This is a conforming 

amendment to the proposed 

requirement in § 177.837(c) to require 

bonding and grounding for the transfer 

of lading for combustible liquids or 

flammable liquids reclassified as 

combustible liquids in cargo tanks. 

PHMSA expects that for the safe 

transportation of combustible liquids in 

cargo tanks, bonding and grounding 

requirements should apply when taking 

the exception in § 173.150(f). See 

‘‘Section IV. Section-by-Section Review; 

Part 177; Section 177.837’’ for 

additional discussion. 

Section 173.159 

Section 173.159 details packaging 

requirements and exceptions for the 

transportation of wet batteries (i.e., 

electric storage batteries, commonly of 

the rechargeable type, that contain a 

liquid electrolyte component that is 

corrosive). Paragraph (e) specifies that 

the transportation of wet batteries by 

highway and rail is excepted from the 

requirements of HMR when transported 

in accordance with conditions outlined 

in this paragraph. Over the past 10 

years, over 700 incidents involving the 

transportation of wet batteries have been 

reported due to improper preparation of 

batteries for transportation. Not all of 

the referenced incidents are associated 

with the transportation of wet batteries 

in accordance with paragraph (e), but 

incidents involving the transportation of 

wet batteries under other provisions are 

still relevant to the transportation of wet 

batteries under paragraph (e) because 

they show what may occur when wet 

batteries are not properly prepared for 

transportation. 

Many of these incidents involved a 

release of corrosive battery fluid from 

wet batteries because of load shifting or 

falling over while in transportation. 

Through inspections, PHMSA identified 

that improper loading, securement, and 

transportation of wet batteries likely 

caused a number of these incidents. 

Therefore, PHMSA proposes to add 

more specificity in the provisions of 

§ 173.159(e) to clarify the expectations 

for load securement of the batteries 

shipped under this provision and 

ensure the safe transportation of wet 

batteries. This increased clarification 

will enhance the safety of transport of 

wet batteries and reduce the number of 

incidents resulting from improper load 

securement and transportation. In 

addition, PHMSA notes that it is the 

responsibility of all persons conducting 

transportation functions, including 

loading and unloading, to ensure proper 

compliance with § 173.159(e), and if 

there is a violation, PHMSA, along with 

any respective modal administration, 

will attempt to identify and bring any 

enforcement proceeding against the 

person who did not comply with 

§ 173.159(e). 

Paragraph (e)(2) currently requires 

that wet batteries be loaded or braced to 

prevent damage and short circuits in 

transit. This provision has been in the 

HMR since its inception, as originally 

codified in 1956.38 Although load 

securement is not specifically 

mentioned in paragraph (e)(2), securing 

hazardous materials against shifting 

under normal transportation conditions 

is a basic hazardous materials 

transportation safety requirement. For 

transportation by highway and rail, 


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39See Letter of Interpretation Reference No. 19– 

0039: https://www.phmsa.dot.gov/regulations/ 

title49/interp/19-0039. 40See Letter of Interpretation Reference No. 11– 

0198: https://www.phmsa.dot.gov/regulations/ 

title49/interp/11-0198. 

packages containing hazardous 

materials are required to be secured 

against shifting while in transportation 

in accordance with §§ 177.834 and 

174.55, respectively. This requirement 

protects hazardous materials, including 

wet batteries, from falling over or 

spilling under normal transportation 

conditions, preventing damage and 

short circuits during transportation. 

After evaluation of the aforementioned 

incidents involving wet batteries, 

PHMSA proposes to amend the 

language of § 173.159(e)(2) to include 

securement of the batteries to enhance 

the safe transportation of wet batteries 

shipped under this exception. 

Specifically, PHMSA proposes to clarify 

that loading or bracing of wet batteries 

includes securing wet batteries against 

shifting while in transit. In addition, 

and similar to §§ 177.834 and 174.55, 

PHMSA proposes to indicate that 

securement against shifting includes 

relative motion between packages, 

under conditions normally incident to 

transportation. PHMSA expects this 

language will help prevent damage to 

batteries while in transportation and 

possible release of their liquid contents. 

While ‘‘method of securement’’ is not 

defined in the HMR, PHMSA has issued 

Letters of Interpretation regarding 

securement methods. For example, in 

Letter of Interpretation Ref. No. 19– 

0039,39 PHMSA specifies that various 

methods for securement include tiedowns, using dunnage or other cargo, 

shoring bars, jack bars, or toe-boards. 

Furthermore, Letter of Interpretation 

Ref. No. 11–0198 40 includes banding in 

this list. This is not an exclusive list; 

instead, these demonstrate potential 

methods for securement to prevent 

shifting, including relative motion 

between packages. In addition, the use 

of one of these methods is only 

satisfactory when there is securement 

against shifting, including relative 

motion, under conditions normally 

incident to transportation. Lastly, 

PHMSA notes that for highway 

transportation, the Federal Motor 

Carrier Safety Regulations (FMCSR; 49 

CFR parts 350–399), specifically part 

393 subpart I—Protection Against 

Shifting and Falling Cargo—details 

requirements for the prevention of loss 

and shifting of load. 

PHMSA also identified instances 

where persons offer for transportation or 

transport wet batteries as unregulated 

shipments, even though they are still 

subject to the provisions of the HMR 

under § 173.159(e). While these 

shipments are not subject to many of the 

HMR provisions, including § 172.704 

training requirements, a person who is 

complying with § 173.159(e) must still 

know and understand the applicable 

requirements in order to safely transport 

wet batteries. This applies to both 

shippers and carriers, including those 

persons who load, unload, or transport 

wet batteries in accordance with 

§ 173.159(e). However, because persons 

engaged in this operation have been 

shown not to be aware of the specific 

provisions, PHMSA proposes to revise 

paragraph (e) to specify that ‘‘the offeror 

must inform persons loading the 

batteries and the operator of the vehicle 

transporting batteries of the 

requirements of this paragraph.’’ 

PHMSA expects that this will enhance 

the safe transportation of wet batteries 

under § 173.159(e) and add only 

minimal burden because, as previously 

mentioned, being aware of the 

requirements of § 173.159(e) is 

necessary for a person to properly apply 

the exception. This proposed text 

reinforces that a person must be aware 

of the requirements to properly perform 

said requirements. In order to 

accommodate the proposed language, 

we propose to redesignate the language 

currently located in paragraph (e)(5), 

requiring compliance with incident 

reporting, to new paragraph (e)(6), and 

moving the conjunction ‘‘and’’ to 

connect (e)(5) and (e)(6). 

Sections 173.241, 173.242, and 173.247 

Sections 173.241, 173.242, and 

173.247 are bulk packaging 

authorization sections for low hazard, 

medium hazard, and elevated 

temperature liquid and solid materials, 

respectively. Each section authorizes 

AAR specification tank cars for the 

transportation of hazardous materials. 

Section 173.241 authorizes AAR Class 

203W, 206W, and 211W tank cars, 

§ 173.242 authorizes AAR Class 206W 

tank cars, and § 173.247 authorizes AAR 

Class 203W, 206W, and 211W tank cars. 

However, the specifications for these 

packages are not found in the HMR; 

they are found in Chapter 3 of the AAR 

Specifications for Tank Cars. In order to 

ensure that no changes are made to the 

construction specifications of these 

hazmat packagings without PHMSA and 

FRA review, PHMSA proposes to 

incorporate by reference the 2014 

edition of Chapter 3 of the AAR 

Specifications for Tank Cars into each 

section. AAR Class 203W, 206W and 

211W tank cars currently in service may 

remain in use, provided they continue 

to meet the specification to which they 

were constructed. PHMSA proposes a 

transition period of one year from the 

effective date of the final rule for 

compliance with the 2014 edition of the 

AAR Specifications for Tank Cars for 

new-build AAR specification 203W, 

206W, and 211W tank cars. 

Section 173.241 

See ‘‘Section IV. Section-by-Section 

Review; Part 173; Sections 173.241, 

173.242, and 173.247’’ for details on the 

revisions proposed to this section. 

Section 173.242 

See ‘‘Section IV. Section-by-Section 

Review; Part 173; Sections 173.241, 

173.242, and 173.247’’ for details on the 

revisions proposed to this section. 

Section 173.247 

See ‘‘Section IV. Section-by-Section 

Review; Part 173; Sections 173.241, 

173.242, and 173.247’’ for details on the 

revisions proposed to this section. 

Section 173.314 

Section 173.314 specifies packaging 

for compressed gases transported by a 

tank car or a multi-unit tank car. 

Paragraph (b)(4) currently indicates that 

the term ‘‘approved’’ for purposes of the 

section means approval by the AAR 

TCC. PHMSA proposes to remove and 

reserve paragraph (b)(4). The language 

in (b)(4) is an outdated holdover from an 

earlier regulatory structure, since tank 

car specification requirements are now 

found in Part 179, rather than Part 173. 

Therefore, we propose to remove and 

reserve (b)(4), consistent with other 

proposed changes. 

Section 173.315 

Section 173.315 describes the 

requirements for the transportation of 

compressed gases in cargo tanks and 

portable tanks. Paragraph (h) specifies 

gauging device requirements for cargo 

tanks and portable tanks. PHMSA 

proposes a minor editorial amendment 

in paragraph (h) to reference paragraph 

(e) for a tank filled by weight. This 

proposed change helps to ensure 

consistent application of the 

requirement and provides additional 

clarity which will enhance safety. 

Paragraph (i) provides cargo tank and 

portable tank requirements for pressure 

relief devices, with paragraph (i)(13) 

detailing the specifications for safety 

relief valves on chlorine cargo tanks. 

PHMSA proposes to revise 

§ 173.315(i)(13) to replace the reference 

to specific PRD drawings with a general 

reference to CI Pamphlet 49 for 

authorized safety relief valves. This 

proposal allows the use of the Midland 

PRD in addition to the Crosby PRD on 


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41https://www.fmcsa.dot.gov/regulations/ 

hazardous-materials/cargo-tank-safety. 

42The report is available at: https://rosap.ntl.

bts.gov/view/dot/163. 

43https://data.ntsb.gov/carol-main-public/basicsearch. 

cargo tanks transporting inhalation 

hazards to provide additional regulatory 

flexibility without reducing safety. See 

‘‘Section II.E. P–1712’’ or ‘‘Section IV. 

Section-by-Section Review; Part 171; 

Section 171.7’’ for further discussion on 

this proposed change. 

Paragraph (j) details packaging 

requirements for consumer storage 

containers used for liquefied petroleum 

gas. Paragraph (j)(1) provides 

requirements for storage containers for 

liquefied petroleum gas or propane 

charged to five percent of their capacity 

or less and intended for permanent 

installation on consumer premises. 

PHMSA proposes to remove the 

reference to propane as an editorial 

amendment. Propane is a type of 

liquefied petroleum gas and therefore, a 

specific reference to propane is 

unnecessary and redundant. 

Furthermore, as paragraphs (j)(2) and (3) 

do not include a reference to propane 

(only refers to liquefied petroleum gas) 

a reader could mistakenly assume that 

propane is not eligible for these storage 

container requirement sections, which 

is not the case since propane is a 

liquefied petroleum gas. Therefore, 

PHMSA expects this proposed 

amendment will clarify the regulatory 

applicability of paragraph (j). 

Paragraph (m) details the general 

requirements for cargo tanks used 

exclusively in husbandry service that 

are commonly known as nurse tanks. 

On behalf of FMCSA, the Iowa State 

University is conducting a multi-year 

research project related to the 

occurrence and potential methods of 

reducing anhydrous ammonia (NH3) 

nurse tank failures.41 The December 

2013, final report of Phase II of the 

project titled, ‘‘Testing and 

Recommended Practices to Improve 

Nurse Tank Safety,’’ recommended that 

post-weld heat treatment (annealing) 

should be performed on all new nurse 

tanks as a part of the manufacturing 

process to reduce the occurrence of 

stress corrosion cracking failure.42

Consistent with this recommendation 

and to ensure safe transportation of 

hazardous materials in nurse tanks, 

PHMSA proposes to add paragraph 

(m)(1)(viii) requiring that all nurse tanks 

manufactured 90 days after the effective 

date of a final rule be stress relieved 

through full post-weld heat treatment. 

In addition, this proposal addresses, in 

part, NTSB Safety Recommendation H– 

04–023 that was issued as a result of an 

incident involving the release of 

anhydrous ammonia because of a failed 

nurse tank.43 FMCSA notes that the two 

major manufacturers of nurse tanks are 

already performing full post-weld heat 

treatment on their cargo tanks, thus this 

new requirement will primarily provide 

PHMSA oversight by including it as a 

condition to allow the use of a non-DOT 

specification cargo tank for 

transportation of anhydrous ammonia. 

This proposed requirement ensures that 

this additional safety measure will be 

implemented by both current and new 

nurse tank manufacturers. 

Paragraph (n)(1) details the required 

emergency discharge control equipment 

for cargo tank motor vehicles in 

liquefied compressed gas service. 

During FMCSA industry workshops, 

stakeholders have noted that this table 

is confusing. Therefore, PHMSA 

proposes to reformat information in the 

table in paragraph (n)(1) for ease of 

understanding. This includes separating 

out current regulatory requirements 

unique to certain scenarios and adding 

an additional column to specify 

requirements when there are obstructed 

view deliveries under § 177.840(p). 

PHMSA does not intend to make any 

substantive changes to existing 

requirements in this table, however we 

are adding information from 

§ 177.840(p) into the table to increase 

usability. PHMSA invites comments on 

the usability of the reformatted table. 

We believe reformatting the table will 

reduce confusion, which will lead to 

increased compliance and therefore an 

improved level of safety. 

Section 173.320 

This section details exceptions for the 

transportation of cryogenic liquids. 

Subject to certain requirements, 

paragraph (a) provides an exception 

from the requirements of the HMR for 

atmospheric gases and helium, 

cryogenic liquid in Dewar flasks, 

insulated cylinders, insulated portable 

tanks, insulated cargo tanks, and 

insulated tank cars, transported by 

motor vehicle or railcar. Paragraph (b) 

provides an additional exception for 

certain atmospheric gases and helium. 

PHMSA proposes to revise paragraph (a) 

for ease of understanding, with no 

substantive impact to the current 

provisions of the paragraph. In addition 

to editorial amendments, PHMSA 

proposes to revise the packaging type of 

an insulated cargo tank to a ‘‘cargo tank 

motor vehicle,’’ as this is more 

appropriate terminology describing the 

completed transportation package. This 

amendment will increase the clarity of 

the regulations, leading to greater 

compliance and increasing safety. 

Specifically, PHMSA proposes to 

remove the phrase ‘‘atmospheric gases 

and helium’’ in paragraphs (a) and (b). 

Furthermore, PHMSA proposes to 

consistently reference ‘‘cryogenic 

liquids authorized to use this section by 

Column 8(A) of the § 172.101 Hazardous 

Materials Table of this subchapter’’ in 

both paragraphs (a) and (b). This 

proposed change also makes the section 

more consistent with the HMR, 

removing any ambiguity between 

whether a material is an atmospheric 

gas and if it is afforded an exception in 

this section. PHMSA intends that this 

proposed change be editorial and not 

make any substantive revisions to the 

current regulatory requirements. This 

increased clarity will lead to less 

confusion and thus, enhance safety. The 

cryogenic liquids assigned ‘‘320’’ in 

Column 8(A) of the § 172.101 Hazardous 

Materials Table are the same as the 

materials defined as ‘‘atmospheric 

gases’’ in § 171.8, except that ‘‘320’’ is 

also assigned to two ‘‘not otherwise 

specified’’ (‘‘n.o.s’’) entries, UN3158 and 

UN3311. PHMSA seeks comment on 

this change, and whether there are 

materials classified as ‘‘UN3158 Gas, 

refrigerated liquid, n.o.s. 2.2’’ or 

‘‘UN3311 Gas, refrigerated liquid, 

oxidizing, n.o.s. 2.2 (5.1)’’ that are 

composed of a gas or gas mixture other 

than air, nitrogen, oxygen, argon, 

krypton, neon, xenon, or helium. 

Part 174 

Section 174.9 

Section 174.9 identifies inspection 

requirements for rail cars at locations 

where a hazardous material is accepted 

for transportation or placed in a train. 

Paragraph (a) includes specifics on 

carrier inspection requirements. 

PHMSA proposes an editorial 

amendment in paragraph (a) to indicate 

more clearly that the inspections 

performed in § 174.9 are in conjunction 

with those required in 49 CFR parts 215 

and 232 for identification of defective 

freight car components and brake 

systems, respectively. Currently, the text 

refers readers to parts 215 and 232 ‘‘of 

this title.’’ PHMSA believes it will be 

clearer to the reader if we replace ‘‘this 

title’’ with ‘‘49 CFR’’ parts 215 and 232. 

Furthermore, the current language in 

§ 174.9 does not specifically address 

situations where a train is seen 

departing a location with readily 

apparent improper hazard 

communication, unapplied closures, or 

leaking hazardous materials. In order to 

address this situation, PHMSA proposes 

to add paragraph (e) to specify that in 


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the event of the observation of a train 

with readily apparent improper hazard 

communication, unapplied closures, or 

leaking hazardous materials, it will be 

presumed that the rail car was not 

inspected properly by the carrier. 

During the June 8–9, 2016, HMIWG 

RSAC meeting, PHMSA noted that 

hazard communication includes 

communication such as placards, 

markings, and stenciling. The final 

recommended language was approved 

by consensus vote at the May 25, 2017, 

RSAC meeting and offered to PHMSA 

and FRA for consideration. PHMSA 

expects the addition of paragraph (e) 

will increase compliance with the 

HMR’s existing closure securement and 

hazard communication requirements, 

and therefore increase safety. 

Section 174.14 

Section 174.14 requires that 

hazardous material shipments be 

expedited to within 48 hours upon 

acceptance at the originating location, 

commonly known as the ‘‘48-hour rule.’’ 

The purpose of this requirement is to 

ensure that rail cars carrying hazardous 

materials are not held for long periods 

of time, hazardous material 

transportation is moving forward 

continuously, and rail cars that are 

being delayed are not being used for 

storage purposes. Currently, § 174.14 

does not allow any exceptions to the 48- 

hour rule when the receiving facility is 

not capable of receiving the shipment. 

During the August 27–28, 2013, FRA 

public meeting and the June 8–9, 2016, 

HMIWG meeting, it was noted that FRA 

uses enforcement discretion with regard 

to the 48-hour rule in certain cases, such 

as delays due to inadequate space in a 

consignee facility or situations where 

the shipment contains only the residue 

of a hazardous material, to avoid 

unnecessary shuttling of hazmat cars to 

and from local railyards to comply with 

the regulation. 

In order to align the HMR with FRA’s 

enforcement discretion practices, 

PHMSA proposes new paragraphs (a)(1) 

through (3) to add exceptions for 

specific scenarios when circumstances 

preclude delivery to the consignee 

destination or when the shipment 

contains only the residue of a hazardous 

material. In addition, PHMSA proposes 

to revise paragraph (a) to add a 

recordkeeping requirement for the rail 

carrier to document the reason for the 

delay. This record can be in a paper or 

electronic form. PHMSA and FRA note 

that it is not the intention to require a 

rail carrier to create a new 

recordkeeping system if one meeting the 

proposed requirements is already in 

place. PHMSA and FRA also propose an 

editorial revision to remove ‘‘transfer 

stations’’ from paragraph (a), as this is 

an obsolete reference. The final 

recommended language was approved 

by consensus vote at the May 25, 2017, 

RSAC meeting and offered to PHMSA 

and FRA for consideration. PHMSA 

expects the formalization of existing 

FRA enforcement discretion related to 

the 48-hour rule will maintain the 

current level of safety of rail 

transportation while affording rail 

carriers greater flexibility within the 

scope of the expedited movement. 

Note that in the revised language of 

§ 174.14 offered by the RSAC to PHMSA 

and FRA for consideration, a fourth 

exception was included that would have 

created an exception to the 48-hour rule 

for shipments delivered to the final 

destination on a shipping paper. In 

accordance with § 171.1(c)(4)(i)(B), rail 

cars delivered to the final destination 

marked on the shipping paper, but on 

track that is not a ‘‘private track or 

siding,’’ are still in transportation. The 

RSAC language offered to PHMSA and 

FRA for consideration in paragraph 

(a)(4) would then except shipments 

delivered to non-private track from 

expedited movement, and they could 

remain on the track, ‘‘in transportation,’’ 

indefinitely. It was not FRA or 

PHMSA’s intent to authorize such 

activity in the HMR. Therefore, the 

RSAC-approved fourth option (i.e., a 

paragraph (a)(4)) is not being proposed. 

Shipments of hazardous material that 

have been delivered to their final 

destination on a private track or siding 

are not ‘‘in transportation,’’ (see § 171.1) 

and therefore are not subject to the 48- 

hour rule. 

Section 174.16 

Section 174.16 specifies requirements 

for delivery of certain hazardous 

materials at agency stations. In current 

operations, rail cars carrying hazardous 

materials covered under § 174.16 no 

longer deliver these types of materials to 

agency stations, which no longer exist. 

As was noted by AAR at the August 27– 

28, 2013, FRA public meeting, 

hazardous materials currently covered 

under § 174.16 are unloaded at the rail 

car facility where they are delivered. If 

the hazardous material is not picked up 

by the consignee or the shipment is 

rejected, the delivering carrier obtains 

disposition instructions from the offeror 

of the shipment. To address the change 

in rail carrier operations and in an effort 

to remove language that is no longer 

applicable to current operations, 

PHMSA proposes to remove and reserve 

this section. PHMSA notes that any 

additional transportation of these 

materials must comply with all 

applicable regulations. The decision to 

remove and reserve this section was 

approved by consensus vote at the May 

25, 2017 RSAC meeting and offered to 

PHMSA and FRA for consideration. 

PHMSA expects that removing this 

obsolete provision will increase the 

clarity of the HMR for carriers dealing 

with shipments rejected or not picked 

up. 

Section 174.20 

Section 174.20 outlines the allowance 

for a rail carrier to impose local or 

carrier restrictions for hazardous 

materials when acceptance, 

transportation, or delivery is unusually 

hazardous. At the August 27–28, 2013 

FRA public meeting, AAR proposed that 

paragraph (a) be deleted as it was 

redundant and covered in the language 

from paragraph (b). However, following 

further review, AAR proposed at the 

June 8–9, 2016 RSAC meeting that the 

entire section be deleted as the 

requirements should be left up to 

individual carriers, and that reporting to 

the AAR’s Bureau of Explosives is not 

necessary. PHMSA agrees and proposes 

to remove and reserve the section in its 

entirety. The decision to remove and 

reserve this section was approved by 

consensus vote at the May 25, 2017, 

RSAC meeting and offered to PHMSA 

and FRA for consideration. PHMSA 

expects removing this section will not 

adversely impact safety because rail 

carriers will still be able to make a 

determination that local conditions 

make the acceptance, transportation, or 

delivery of hazardous materials 

unusually hazardous. 

Section 174.24 

This section details requirements for 

the acceptance of shipping papers by a 

carrier and shipping paper retention 

requirements. Paragraph (b) specifies 

that a shipping paper must be made 

available to an authorized official of a 

Federal, State, or local government 

agency at a reasonable time and 

location. However, there is no further 

specificity on what is meant by a 

‘‘reasonable time.’’ In an effort to clarify 

the requirements, PHMSA proposes to 

revise paragraph (b) and indicate that 

the shipping paper must be provided at 

reasonable times and locations, ‘‘but no 

later than the close of business the 

following business day from the time of 

the request in non-emergency 

circumstances.’’ The proposed language 

still mandates that the documentation 

be made available to inspectors at a 

‘‘reasonable time and location,’’ so 

when the information is readily 

available at the time that an inspector 

requests it, PHMSA and FRA expect that 


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44See HMG–127: https://www.regulations.gov/ 

document/PHMSA-2018-0080-0001. 

it shall be provided at that time, as it has 

been historically. For non-emergency 

document requests that are for past 

shipments (e.g., shipments made weeks/ 

months ago), or for all shipments made 

by a particular shipper or in a particular 

car, the RSAC reached consensus that a 

reasonable deadline would be close of 

business the following business day. 

During the May 5 and June 8–9, 2016, 

HMIWG meetings, there was in-depth 

discussion to determine the most 

appropriate timeframe that a carrier 

would be able to provide the shipping 

paper information in non-emergency 

situations. One business day was 

proposed as an alternate to a much 

shorter time, such as 30 minutes. One 

business day also addresses the needs of 

railroads that only operate Monday 

through Friday. As discussed, if a 

request for a shipping paper is made on 

Friday afternoon, the carrier has until 

the close of business on Monday to 

provide the shipping paper. PHMSA 

considers close of business to be 5:00 

p.m. local time for the office of the 

authorized official of a Federal, State or 

local government agency requesting the 

shipping paper. PHMSA seeks public 

comment if this is a reasonable meaning 

of ‘‘close of business.’’ During HMIWG 

meetings, it was noted that this 

allowance is the longest acceptable 

amount of time to provide a shipping 

paper in a non-emergency situation, and 

the information might be available 

much sooner. Furthermore, it was 

discussed that this allowance is for nonemergency situations, where an 

emergency is defined as an event when 

an emergency response telephone 

number, as specified in § 172.604, is 

contacted. The final recommended 

language was approved by consensus 

vote at the May 25, 2017, RSAC meeting 

and offered to PHMSA and FRA for 

consideration. 

Additionally, in the first sentence of 

paragraph (b), as approved by RSAC and 

offered to PHMSA and FRA for 

consideration, it was proposed to 

replace ‘‘person’’ with ‘‘carrier.’’ 

PHMSA and FRA expect that such a 

revision could create unnecessary 

confusion in situations where a third 

party has been contracted to take on 

carrier functions (e.g., maintaining 

shipping papers). Therefore, for clarity 

and to maintain alignment with other 

modal shipping paper retention 

sections, PHMSA will maintain the 

HMR’s current applicability of the 

paragraph (b) retention requirements to 

each ‘‘person’’ who receives a shipping 

paper required by this section. PHMSA 

expects the proposed revision to 

§ 174.24 will improve safety oversight 

by allowing authorized governmental 

representatives to access historical 

shipping paper information in a timelier 

manner during inspections and 

investigations. 

Please note that this standard for 

reasonable time and place—close of 

business the following business day—is 

applicable specifically to review of 

historic shipping paper information in 

non-emergency rail transportation 

scenarios after transportation has ended. 

In particular, provision of shipping 

papers during transportation (e.g., 

container inspections in port areas) is 

one example of a scenario where the 

following business day is generally too 

long a time period to meet the needs of 

inspectors and prevent unnecessary 

delays. See ‘‘Section IV. Section-bySection Review; Part 171; Section 

171.22’’ for further discussion of 

shipping paper accessibility in port 

areas. 

Section 174.50 

Section 174.50 prescribes 

requirements for nonconforming or 

leaking packages. This section specifies 

that non-bulk packages may not be 

forwarded unless they are repaired, 

reconditioned, or overpacked in 

appropriate salvage packaging. For bulk 

packages, an OTMA is required to 

authorize movement for a nonconforming or leaking package, unless 

movement is necessary to reduce or 

eliminate an immediate safety risk. 

PHMSA proposes to revise § 174.50 in 

order to identify more clearly the 

applicability and the exceptions 

regarding obtaining an OTMA from 

FRA. 

To evaluate the proposed revisions to 

§ 174.50 and consider harmonization 

and reciprocity with Transport Canada, 

HMIWG established an OTMA Task 

Force that included FRA, PHMSA, RSI, 

AAR, CI, TFI, and the American 

Petroleum Institute (API). In addition to 

evaluating § 174.50, the OTMA Task 

Force worked to develop the Hazardous 

Material Guidance (HMG) Document 

HMG–127 (Revision 5). Following 

multiple meetings, the OTMA Task 

Force voted to accept HMG–127 and the 

proposed language in § 174.50. The 

proposed text of HMG–127 (Revision 5) 

is included in the docket for review 

along with this NPRM.44 The proposed 

regulatory text addresses administrative 

topics, while HMG–127 specifies further 

guidance on obtaining an OTMA. HMG– 

127 discusses how to apply for an 

OTMA, categories and conditions for 

choosing the correct category of an 

OTMA, when a root cause analysis is 

required as a condition of an OTMA, 

and what information should be 

included in a root cause analysis. Note, 

however, that HMIWG did not reach 

consensus on proposed text in 

§ 174.50(d)(2)(v) when it was put 

forward to a vote. Recommended 

language for this section was approved 

by consensus vote at the May 25, 2017, 

RSAC meeting and offered to PHMSA 

and FRA for consideration. PHMSA 

proposes the following revisions to 

§ 174.50: 

• Discuss in paragraph (a) the general 

requirements for non-conforming and 

leaking packages, including non-bulk 

packages; 

• List scenarios in paragraph (b) 

where an OTMA issued by the Associate 

Administrator for Safety, FRA is not 

required to move a non-conforming or 

leaking bulk package; 

• Discuss in paragraph (c) the 

approval process for an OTMA; 

• List in paragraph (d) the marking, 

notification, recordkeeping, routing, and 

root cause analysis requirements for 

OTMA grantees; and 

• Clarify in paragraph (e) the 

responsibility for compliance with 

OTMA requirements and consequences 

for non-compliance. 

The exceptions proposed in paragraph 

(b)(2) and (3) codify long-standing FRA 

policy. Non-compliant rail cars that are 

clean and contain no hazardous 

materials residue, addressed in 

paragraph (b)(2), do not pose a risk of 

hazardous materials release. The intent 

of the proposed exception in paragraph 

(b)(2) is to expedite the movement of 

these cars to a facility at which repairs 

can be conducted. These are typically 

DOT–111 tank cars that are not carrying 

hazmat and have been cleaned. 

Currently, FRA receives approximately 

730 OTMAs per year for clean cars. The 

exception proposed in paragraph (b)(3) 

for rail cars discovered to be overloaded 

by a minor amount is intended to 

address known weigh-in-motion and 

static scale error tolerances, and 

additionally align with Transport 

Canada standards. The exceptions 

proposed in paragraphs (b)(1), for 

movement necessary to reduce or 

eliminate an immediate threat of harm 

to human health or the environment, 

and (b)(4), for rail cars moving in 

accordance with a Transport Canada 

temporary certificate, exist in the 

currently effective 174.50, and we 

propose to move them to paragraphs 

(b)(1) and (b)(4), respectively, for clarity. 

Additionally, throughout § 174.50, 

PHMSA proposes to replace the 

acronym ‘‘OTMA’’ with ‘‘One-Time 

Movement Approval’’ to increase clarity 

for readers of the HMR who are not 


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45 85 FR 27810 (Mar. 11, 2020). 

familiar with the OTMA process. In 

§ 174.50(d)(1), PHMSA proposes 

editorial edits to the language approved 

by RSAC and offered to PHMSA and 

FRA for consideration to increase the 

clarity of the marking requirement for 

non-conforming rail cars. Specifically, 

based on consultation with FRA, 

PHMSA proposes to add the following 

marking into the HMR; this marking is 

currently a requirement in each OTMA 

issued by FRA (except those overloaded 

by weight). 

HOME SHOP FOR REPAIRS 

DO NOT LOAD 

or 

MOVING FOR 

DISMANTLING 

DO NOT LOAD 

In § 174.50(d)(2)(ii), PHMSA proposes 

editorial edits to the language approved 

by RSAC and offered to PHMSA and 

FRA for consideration. This proposed 

language shortens the sentences and 

clarifies the notification requirements, 

specifically that the approval grantee 

must ensure the consignee or final 

destination facility has been notified 

and will accept the non-conforming 

tank car. This ensures that the tank car 

is only consigned to a location capable 

of accepting the car, and unloading the 

product, if necessary. If the maintenance 

activities are to be conducted by a 

mobile unit, they must occur at the 

maintenance destination indicated in 

the application. 

In § 174.50(d)(4), PHMSA proposes 

editorial revisions to the language 

approved by RSAC and offered to 

PHMSA and FRA for consideration. 

These proposed edits include clarifying 

instructions on routing rail cars moving 

under OTMAs, specifically that the 

OTMA grantee and railroad(s) involved 

in the movement must select the most 

appropriate route to the nearest cleaning 

and/or repair facility capable of 

performing the required cleaning and/or 

repairs. This aligns with an existing 

requirement in OTMAs issued by FRA. 

Lastly, final rule HM–215O 45

harmonized the HMR with international 

standards and codified recognition of 

Temporary Certificates issued by 

Transport Canada for cross-border 

movements of non-conforming tank cars 

to or from Canada. To ensure this 

allowance remains, PHMSA proposes to 

specify the authorization for the use of 

Temporary Certificates in lieu of 

OTMAs for cross-border movements to 

or from Canada in § 174.50(b)(4). 

PHMSA expects the revisions 

proposed to § 174.50 to formalize and 

clarify the OTMA process will increase 

efficiency for rail car owners and 

railroads, as well as FRA staff 

processing OTMA requests. PHMSA 

also expects that over time, lessons 

learned from the root cause analysis that 

FRA is authorized to require in OTMAs 

will reduce the number of nonaccidental releases, creating safety and 

environmental benefits. 

Section 174.58 

PHMSA proposes to add § 174.58 to 

detail what ‘‘extent practicable’’ means 

for rail transportation with respect to 

the § 171.8 definition of residue. This 

language was originally proposed as a 

change to the definition of residue in 

§ 171.8, as part of the recommend 

language developed by RSAC Task 13– 

02, approved by consensus vote at the 

May 25, 2017, RSAC meeting, and 

offered to PHMSA and FRA for 

consideration. However, PHMSA 

proposes to relocate the RSAC-approved 

language from the definition of residue 

in § 171.8 to § 174.58. If RSAC’s 

proposed revision is made in § 171.8, 

the changes made to the definition of 

residue would have broader 

implications than the intent of clarifying 

its meaning for purposes of rail 

transportation of hazardous material. 

The intent of the proposed change 

remains the same as the RSAC proposal; 

to clarify that ‘‘extent practicable’’ 

means the material that remains in a 

bulk package after it has been unloaded 

using properly functioning service 

equipment and plant process 

equipment. Because part 174 is related 

to rail transportation operations, 

PHMSA proposes that this regulatory 

language more appropriately fits in new 

section § 174.58, instead of as part of the 

definition of residue in § 171.8 which 

has broader applicability. Note that in 

accordance with the § 171.8 definition 

of residue, a tank car must be unloaded 

to the maximum ‘‘extent practicable’’ in 

order to be transported with the residue 

description. PHMSA welcomes 

comment on the proposed 

implementation of this language. 

PHMSA expects this proposed revision 

will provide further clarity on what is 

considered residue for rail shipment of 

hazardous material and increase safety 

by ensuring bulk packages that actually 

qualify for ‘‘residue’’ status are shipped 

with that description. 

Section 174.59 

Section 174.59 details the 

requirements for marking and 

placarding rail cars carrying hazardous 

materials. PHMSA proposes to revise 

the requirements for replacing lost 

placards and to provide context to the 

‘‘next inspection point.’’ Specifically, 

PHMSA proposes the ‘‘next inspection 

point’’ be revised to the ‘‘nearest 

inspection point’’ and clarify that this 

point is ‘‘in the direction of travel’’ and 

‘‘where mechanical personnel 

responsible for inspections related to 49 

CFR parts 215 and 232 are on duty.’’ As 

discussed during the May 5 and June 8– 

9, 2016, HMIWG meetings, the intention 

of this provision is that lost placards are 

replaced as best and as soon as they can 

at a location where personnel are 

present and capable of performing 

inspections. During HMIWG meetings, it 

was also suggested that § 174.59 reflect 

similar language from 49 CFR parts 215 

and 232, specifically that placards are to 

be ‘‘replaced at the next inspection 

point, interchange, or rail yard in the 

same direction as the train movement.’’ 

The proposed revision to § 174.59 

aligns with 49 CFR parts 215 and 232, 

by clarifying the ‘‘nearest inspection 

point,’’ where the placards can be 

replaced is in the direction of train 

movement. The final recommended 

language was approved by consensus 

vote at the May 25, 2017, RSAC meeting 

and offered to PHMSA and FRA for 

consideration. PHMSA expects this 

proposed revision will improve safety 

by clarifying the intent of the provision 

and ensuring the missing hazard 

communication placards are replaced as 

soon as possible. 

Additionally, the recommended 

RSAC language for § 174.59 removes 

reference to ‘‘car certificates.’’ PHMSA 

and FRA seek comment on the removal 

of the reference to ‘‘car certificates’’ in 

§ 174.59. 

Section 174.63 

This section outlines handling and 

loading requirements for portable tanks, 

intermodal (IM) portable tanks, 

intermediate bulk containers (IBCs), 

large packagings, cargo tanks, and multiunit tank car tanks transported by rail. 

PHMSA proposes to make editorial 

revisions to the title of § 174.63 to 

specify the section applies to rail 

transport in COFC or TOFC service. 

Additionally, paragraph (b) specifies 

requirements applicable to transport of 

a bulk packaging inside a fully closed 

transport vehicle or fully closed freight 

container. PHMSA proposes to clarify 

the current reference to IM 101 and IM 

102 as types of portable tanks. This 

proposed change is editorial in nature 

and does not impose any new 

requirements. 

Paragraph (c) provides instruction, 

specifically, six conditions, for an 

alternate method of transportation to 

paragraph (b) for bulk packaging using 

COFC or TOFC service. PHMSA 


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proposes to revise the condition in 

paragraph (c)(1), which outlines 

authorized packaging sections, by 

adding packagings authorized in 

§ 173.247 for elevated temperature 

materials to the list of packaging 

sections, as well as Division 2.2 

materials not specifically listed in the 

§ 173.315(a)(2) table that are packaged 

as authorized in the table and § 173.315 

conditions. This proposed amendment 

will authorize these packagings to be 

transported without requiring approval 

from FRA. PHMSA expects that adding 

existing safe, authorized packagings for 

elevated temperature materials and nonflammable gases to the COFC or TOFC 

authorization will not compromise 

safety and will increase flexibility for 

shippers of these materials. 

PHMSA also proposes to amend 

paragraph (c)(2) to indicate that a rail 

car transporting a bulk package in COFC 

or TOFC service must comply with 

applicable regulatory requirements for 

the type of rail car being used. The 

current requirement instructs the 

shipper that the ‘‘tank’’ and flatcar used 

must comply with applicable 

requirements of the HMR concerning its 

specification, but use of the term ‘‘tank’’ 

obscures the intended general reference 

to bulk packagings in § 174.63, and the 

HMR contains no specifications for 

flatcars. The proposed amendments will 

instead refer generally to bulk 

packagings that must adhere to 

applicable specifications and to flatcars 

that must comply with applicable rail 

car regulatory requirements. This 

amendment will provide greater clarity, 

which will enhance the safety of 

transporting these bulk packagings by 

rail. The final recommended language 

was approved by consensus vote at the 

May 25, 2017, RSAC meeting and 

offered to PHMSA and FRA for 

consideration. 

Section 174.67 

Section 174.67 outlines the 

requirements for transloading of tank 

cars. HMIWG reviewed this section to 

update, clarify, and remove regulations 

where appropriate. The recommended 

language was approved by consensus 

vote during the May 25, 2017, RSAC 

meeting and submitted to PHMSA and 

FRA for consideration. However, since 

the 2017 submission of the 

recommended language and following 

an in-depth review by PHMSA and 

FRA, in this NPRM we propose 

additional changes to the recommended 

language. These changes are not 

intended to revise the intent of HMIWG, 

but to ensure that the section is easier 

to read and consistent with the rest of 

the HMR—such as removing and 

reserving certain paragraphs instead of 

redesignating them—and to promote 

clear understanding of the requirements 

for safe transloading. 

PHMSA proposes to modify the title 

of the section from ‘‘unloading’’ to 

‘‘transloading’’—as approved by 

HMIWG—because this more accurately 

reflects the operations covered by this 

section. Transloading is a subset of 

loading or unloading that includes both 

loading tank cars from, and unloading 

tank cars into, another packaging for 

continued movement in transportation. 

As approved by HMIWG, PHMSA 

proposes to remove the introductory 

sentence of this section because it is 

unnecessary and inconsistent with other 

sections in the HMR. The sentence 

merely states, ‘‘for transloading 

operations, the following rules must be 

observed.’’ With the proposed retitling 

of the section, it is now unnecessary. 

Paragraph (a)(1) specifies 

requirements for hazmat employees 

performing unloading operations. 

PHMSA proposes minor revisions to 

paragraph (a)(1) to clarify that this 

section applies specifically to 

transloading, as opposed to all 

unloading operations, as approved by 

HMIWG. PHMSA notes here that tank 

car loading and unloading is covered in 

§ 173.31 (Use of Tank Cars) and, as 

such, proposes to add reference to 

§ 173.31(d) (examination before 

shipping) and (g) (tank car loading and 

unloading) to increase awareness of 

relevant requirements for tank car 

loading and unloading. 

Paragraph (a)(2) specifies 

requirements for securing a tank car 

against motion. PHMSA proposes to 

revise paragraph (a)(2) by removing the 

current language and replacing it with a 

reference to § 173.31(g), as the language 

currently in paragraph (a)(2) is 

unnecessarily duplicative of the 

requirements in § 173.31(g). 

Paragraphs (a)(3) and (4) specify 

securement of access to the track and 

required warning signage, respectively. 

As recommended by HMIWG, PHMSA 

proposes to remove and reserve 

paragraphs (a)(3) and (4) because the 

track securement language would now 

become unnecessarily duplicative of the 

proposed track securement language in 

§ 173.31(g) (see discussion of proposed 

amendments to § 173.31(g)). 

Paragraph (a)(5) specifies the written 

safety procedures that must be 

maintained and available for 

transloading operations, including 

measures to account for the physical 

and chemical properties of the lading 

being transloaded. In paragraph (a)(5), 

PHMSA proposes to include a statement 

that the procedures must include 

measures to address the safe handling 

and operation of the tank car and tank 

car service equipment, as well as 

account for physical and chemical 

properties of the lading being 

transloaded. HMIWG determined that 

many of the prescriptive elements of 

this section may be outdated or 

inconsistent with current industry best 

practices for certain materials, 

operations, and modern tank car 

designs. Thus, many of the prescriptive 

elements of § 174.67 in the currently 

effective paragraphs (b)–(g), (n), and (o) 

were removed and it was the intent of 

HMIWG that these prescriptive elements 

would be substituted with new 

performance-based language proposed 

in paragraph (a)(5). However, upon 

further review of the language approved 

by the RSAC, PHMSA proposes a 

modification to the recommended 

language of (a)(5) to clarify our 

expectations on what the transloading 

procedures must cover. PHMSA and 

FRA reviewed the prescriptive 

instructions proposed for removal from 

paragraphs (b)–(g), (n) and (o), and used 

the subjects addressed by the 

instructions to generate a list of 

procedures the proposed paragraph 

(a)(5) instructions must address. 

PHMSA expects that the transloading 

procedures required by paragraph (a)(5) 

must address, at a minimum, the 

following: 

• Temperature monitoring and 

pressure relief; 

• Safe operation of the tank car for 

product loading or unloading; 

• Proper disposal of used seals and 

other debris; 

• Measures to avoid spillage of 

contents outside the tank; 

• Operation of tank car service 

equipment; 

• Proper removal of product plugs 

that prevent adequate operation of the 

service equipment; and 

• Proper tool maintenance measures 

including the types of tools to use, 

calibration, cleanliness, and instructions 

on tool use. 

To clarify our intent, PHMSA 

proposes to add this list of minimum 

elements to the transloading procedure 

requirement in paragraph (a)(5). 

Additionally, PHMSA notes that the 

current language of paragraph (a)(5) 

does not include a specific instruction 

that transloading facilities must follow 

their written procedures. The removal of 

the prescriptive instructions in this 

section increases the importance of the 

written procedures for safe transloading 

operations; therefore, we propose to add 

the phase ‘‘and adhere to’’ to the 

requirement to maintain written 

transloading procedures in order to 


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ensure that these procedures are 

actually implemented. 

As agreed to by HMIWG, PHMSA 

proposes to remove and reserve 

paragraph (a)(6), which currently 

specifies requirements to relieve 

pressure in the tank car before removing 

a manhole cover or outlet valve cap 

from the tank car. As noted by HMIWG, 

the current requirement is too 

prescriptive, outdated, and not 

necessarily consistent with current 

industry best practices. Furthermore, 

procedures to monitor the temperature 

and to relieve pressure should be part of 

the overall safety procedures and 

measures referenced in the proposed 

performance-based requirement of new 

paragraph (a)(5); therefore, we are 

removing the duplicative measures in 

current paragraph (a)(6) and reserving 

the paragraph. 

The RSAC-approved regulatory text 

for § 174.67 proposed to remove the 

existing requirements in currently 

effective paragraphs (b) through (g), to 

re-designate the requirements in 

paragraphs (h) through (l) into these 

newly removed paragraphs, and also to 

update the requirements in (h) through 

(l) to address changes in tank car design 

and operation. However, since the 2017 

submission of the recommended actions 

and following an in-depth review by 

PHMSA and FRA, we have determined 

that redesignating the existing 

requirements would result in confusion; 

therefore, in this NPRM we propose to 

remove and reserve paragraphs (b) 

through (g), and to make the RSACapproved revisions to the section while 

maintaining the existing paragraph 

structure. For example, rather than 

proposing to revise the requirements for 

securing unloading connections that are 

currently found in paragraph (h) and 

moving the requirements to paragraph 

(b), we propose to revise the 

requirements in paragraph (h) and leave 

it in its current location in the section. 

Otherwise, a current reference citation 

to paragraph (h) in another section of 

the HMR or existing guidance 

documents would no longer make sense. 

Below we discuss the revisions to each 

of the remaining paragraphs of § 174.67. 

PHMSA proposes to remove and 

reserve paragraph (b), which includes 

prescriptive language on the operation 

of various types of manway designs. The 

current language has become outdated 

and does not encompass modern-day 

manway cover designs or industry best 

practices. Procedures for safely 

operating various types of manway 

designs must be included in the safety 

procedures required by proposed 

paragraph (a)(5) of this section, and 

should be consistent with the design, 

OEM recommendations, and industry 

best practices. Structurally, HMIWG 

voted to replace this paragraph with the 

requirements currently proposed in 

paragraph (h) instead of removing and 

reserving paragraph (b). For ease of 

understanding and to ensure no other 

regulatory citations or guidance 

documents need to be updated, PHMSA 

instead proposes to remove and reserve 

paragraph (b). 

Paragraph (c) contains prescriptive 

procedures for operation of manhole 

covers during unloading through the 

bottom outlet valve. The current 

language has become outdated and does 

not encompass modern day manway 

cover designs or industry best practices. 

The transloading operator’s procedure 

for safely operating the tank car for 

product unloading must be adequately 

addressed by the safety procedures 

required by proposed paragraph (a)(5) of 

this section. Structurally, HMIWG voted 

to remove this paragraph and replace it 

with the requirements currently 

proposed in paragraph (j) rather than 

removing and reserving paragraph (c). 

However, for readability and so no other 

regulatory citations or guidance 

documents need to be updated, PHMSA 

proposes to remove and reserve this 

paragraph instead. 

Paragraph (d) contains prescriptive 

safety procedures for unloading of 

product from a tank car. Paragraph (d) 

may not be applicable to certain types 

of transloading operations and may no 

longer be consistent with current 

industry best practices. As such, 

PHMSA proposes to remove and reserve 

the requirements. These procedures 

should be adequately covered by the 

safety procedures developed and 

updated by the transloading operator to 

comply with proposed paragraph (a)(5) 

of this section. Structurally, HMIWG 

proposed to remove this paragraph and 

replace it with the requirements 

currently proposed in paragraph (k) 

instead of removing and reserving 

paragraph (d). However, for readability 

and so no other regulatory citations or 

guidance documents need to be 

updated, PHMSA proposes to remove 

and reserve this paragraph instead. 

Paragraph (e) currently states that 

seals or other substances shall not be 

thrown into the tank, and the contents 

of the tank may not be spilled over the 

car or tank. HMIWG determined the 

requirement in this paragraph was 

unnecessarily prescriptive, as the 

procedures for properly removing and 

disposing of seals and other substances 

must be included in the safety 

procedures required by proposed (a)(5) 

of this section. Furthermore, the HMR 

already prohibits residual hazardous 

material on the outside of the packaging. 

Structurally, HMIWG proposed to 

remove this paragraph and replace it 

with the requirements currently 

proposed in paragraph (l) instead of 

removing and reserving paragraph (e). 

However, to ensure ease of 

understanding and so no other 

regulatory citations or guidance 

documents need to be updated, PHMSA 

proposes to remove and reserve this 

paragraph instead. 

Paragraph (f) currently contains 

prescriptive safety procedures for 

operating a top-operated bottom outlet 

valve. HMIWG determined that these 

prescriptive safety procedures for valve 

operation are outdated and do not 

reflect current bottom outlet designs. 

The requirements for bottom outlet 

valve operation must be part of the 

safety procedures as required by 

proposed paragraph (a)(5) of this 

section. Structurally, HMIWG agreed to 

remove this paragraph and replace it 

with the requirements currently 

proposed in paragraph (m) instead of 

removing and reserving paragraph (f). 

However, to ensure ease of 

understanding and so no other 

regulatory citations or guidance 

documents need to be updated, PHMSA 

proposes to remove and reserve this 

paragraph instead. 

Paragraph (g) currently contains 

prescriptive procedural requirements for 

operation of equipment to remove 

product plugs that prevent adequate 

operation of the valves and equipment. 

In 2017, HMIWG agreed to remove and 

reserve this paragraph. For some 

operations, the current procedures of 

paragraph (g) may be outdated or 

inconsistent with current industry best 

practices. Instead, PHMSA and FRA 

have determined such prescriptive 

procedures must be included and 

updated in the safety procedures 

required by proposed paragraph (a)(5) of 

this section. As such, PHMSA proposes 

to remove and reserve this paragraph 

(g). 

Paragraph (h) currently details 

securement requirements for 

connections used for the transfer of 

hazmat into—or out of—a tank car. 

PHMSA proposes to amend paragraph 

(h) by removing the word ‘‘unloading’’ 

from it, as agreed to by HMIWG. 

However, as previously mentioned, 

instead of moving this paragraph to 

replace paragraph (b)—as agreed to by 

HMIWG—PHMSA proposes to make 

this change without moving the 

paragraph. Finally, the language is 

further modified for clarity by removing 

the reference to ‘‘pipes on the dome’’ 

since connections could include more 


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46 61 FR 51334 (Oct. 1, 1996). 

47See IVODGA OST Regulatory Reform comment: 

https://www.regulations.gov/document?D=DOTOST-2017-0069-2399. 

than just pipes (e.g., valves, hoses, or 

reducers). 

Currently, paragraph (i) provides 

requirements for the facility operator 

during unloading, paragraph (j) includes 

certain exceptions for attendance, and 

paragraph (k) specifies requirements 

when an unloader is absent. In this 

NPRM, PHMSA proposes minor 

revisions to paragraphs (i)(2)(i), (j)(2), (k) 

introductory text, (k)(4), and (k)(5). 

These minor edits align these 

paragraphs with the rest of the proposed 

amendments in § 174.67 and were 

agreed to by HMIWG. 

Paragraph (l) currently prescribes the 

actions that must be taken as soon as a 

tank car is completely unloaded. As 

agreed to by the HMWIG, PHMSA 

proposes to remove the closure 

securement language and replace it with 

a reference to pre-transportation closure 

securement regulations in § 173.31. This 

is being proposed because we believe 

this securement of closures and removal 

of unloading connections language is 

unnecessary and redundant of existing 

requirements in § 173.31(d) associated 

with pre-trip examination of the tank 

car. 

Paragraph (n) currently contains 

prescriptive environmental remediation 

procedures when oil or gas has been 

spilled. As agreed to by HMIWG, 

PHMSA proposes to remove and reserve 

paragraph (n) because specific 

instruction on the environmental 

remediation or cleanup of a hazmat spill 

is outside the scope of the HMR. 

However, such procedures may be 

included as part of the facility’s safety 

procedures in order to meet other 

applicable federal, state, or local 

requirements. 

Paragraph (o) currently includes 

language requiring tools to be kept 

clean. As recommended by HMIWG, 

PHMSA proposes to remove and reserve 

paragraph (o). Tool maintenance 

measures including the types of tools to 

use, calibration, cleanliness, and 

instructions on use must be included in 

the safety procedures required by 

proposed paragraph (a)(5) of this 

section. Therefore, we are removing the 

redundant language covered by this 

paragraph and reserving it. 

Overall, PHMSA expects that the 

proposed revisions to § 174.67 will 

maintain safety by allowing 

transloading to be conducted in 

accordance with written safety 

procedures and industry best practices 

developed specifically for the tank car 

designs involved and materials being 

transferred, instead of prescriptive 

standards. 

Section 174.81 

Section 174.81 specifies segregation 

requirements for the transportation of 

hazardous materials by rail. Paragraph 

(g) specifies the instructions for the 

Class 1 (explosive) segregation table in 

paragraph (f). In review of these 

requirements, PHMSA notes that 

paragraph (g)(3)(iv) has outdated 

terminology. Currently, the paragraph 

specifies requirements and limitations 

for detonators and detonating primers. 

However, the term ‘‘detonating primers’’ 

is no longer used in the HMR. Final rule 

HM–189M 46 corrected editorial errors, 

made minor regulatory changes, and 

improved the clarity of certain 

provisions to the HMR. One of these 

revisions was updating the wording 

‘‘detonating primers’’ to the more 

accurate terminology of ‘‘detonating 

assemblies and boosters with 

detonators.’’ However, PHMSA 

identified this editorial correction was 

not made in § 174.81(g)(3)(iv). 

Therefore, PHMSA proposes to revise 

the terminology of ‘‘detonating primers’’ 

to ‘‘detonating assemblies and boosters 

with detonators.’’ In review of 

§ 174.81(g)(3)(iv), PHMSA also 

determined the phrase ‘‘Division 1.4S 

explosives’’ created unnecessary 

confusion in the applicability of Note 4. 

Detonators, detonating assemblies, and 

boosters with detonators, whether 

Division 1.1, 1.2, or 1.4, may not be 

transported in the same rail car with 

Division 1.1 and 1.2 material (except 

other detonators, detonating assemblies, 

and boosters with detonators). These 

requirements align with current 

standards for highway and vessel 

explosive segregation. PHMSA expects 

these editorial clarifications will 

improve clarity of the HMR while not 

creating any additional burdens for rail 

transportation of explosives. 

Part 176 

Section 176.2 

Section 176.2 defines terms for the 

purposes of part 176. In conjunction 

with the USCG, PHMSA proposes an 

editorial revision to the definition of 

Commandant (CG–522), USCG to reflect 

organizational updates within the 

USCG. The proposed revisions include 

replacing the acronym ‘‘CG–522’’ with 

the current acronym ‘‘CG–ENG,’’ which 

stands for United States Coast Guard 

Office of Design and Engineering 

Standards; replacing the ‘‘Office of 

Operating and Environmental 

Standards’’ with the current name 

‘‘Office of Design and Engineering 

Standards’’; and replacing the outdated 

postal code ‘‘20593–0001’’ with the 

current postal code of ‘‘20593–7509.’’ 

Section 176.84 

Section 176.84 describes the 

requirements to store, handle, and 

segregate hazardous materials for cargo 

and passenger vessels, with paragraph 

(a) specifying the meaning of the 

Column 10B of the § 172.101 HMT 

stowage codes (e.g., ‘‘stow away from 

hydrazine’’). Limited quantities are not 

subject to the stowage code provisions 

found in Column 10B of the HMT (see 

§ 172.101(k)), however § 176.84(a) does 

not restate that limited quantities are 

not subject to the stowage code 

provisions assigned by Column 10B of 

the HMT. 

The International Vessel Operators 

Dangerous Goods Association (IVODGA) 

submitted a comment 47 to the 2017 

Regulatory Reform Notice, stating that 

placing the limited quantity stowage 

code exception only in § 172.101(k) 

created confusion for shippers and 

vessel operators. IVODGA requested 

that PHMSA revise § 176.84 editorially 

to reiterate that limited quantities are 

not subject to the stowage codes 

assigned by Column 10B of the 

§ 172.101 HMT. PHMSA and the USCG 

agree that § 176.84 should be revised 

editorially to reiterate the limited 

quantity exception to reduce confusion. 

Therefore, PHMSA proposes to revise 

§ 176.84(a) editorially by duplicating the 

limited quantity exception language 

from § 172.101(k). PHMSA expects this 

revision will increase safety and 

efficiency by reducing confusion for 

shippers and carriers of limited quantity 

materials. 

Section 176.340 

Section 176.340 describes 

requirements for the vessel 

transportation of combustible liquids in 

portable tanks. Paragraph (c) specifies 

portable tanks approved by the 

Commandant (CG–MSO), USCG are 

authorized for the transportation of 

combustible liquids by vessel. PHMSA 

proposes an editorial revision, to 

replace the acronym ‘‘CG–MSO’’ with 

that office’s current acronym ‘‘CG– 

ENG.’’ This revision will provide clarity 

and reduce confusion by aligning the 

HMR with USCG’s current office 

structure. 

Section 176.905 

Section 176.905 describes the 

requirements for transporting vehicles 

powered by an internal combustion 


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48 80 FR 79423 (Dec. 21, 2015). 

engine, fuel cell, batteries, or a 

combination of these fuel sources by 

vessel. Paragraph (i) specifies when a 

vehicle complies with the requirements 

of the paragraph, it is not subject to the 

HMR. PHMSA proposes to add 

paragraph (i)(7) to provide an exception 

from the requirements of the HMR for 

vehicles stored incidental to movement 

on shore prior to or after vessel 

transportation. This exception is 

intended to mirror the HMR’s broad 

exception for vehicles transported by 

highway or rail in accordance with 

§ 173.220(h)(1). PHMSA expects this 

will have no impact on the safe 

transportation of vehicles while 

providing regulatory relief for vessel 

transporters. 

Part 177 

Section 177.801 

Section 177.801 specifies that a 

forbidden material, or hazardous 

material not prepared in accordance 

with the HMR, is not authorized for 

transportation by motor vehicle. 

PHMSA proposes to expand the section 

to include additional scenarios that are 

unacceptable for transportation. These 

are proposed for ease of regulatory 

understanding and clarity and are not 

new restrictions. To accomplish this, 

the first half of the introductory 

paragraph is proposed as a new 

paragraph (a). Additionally, the second 

half of the introductory paragraph is 

moved to a new paragraph (b) and 

revised to specify that a hazardous 

material not classified, packaged, 

marked, labeled, or placarded in 

accordance with the requirements of the 

HMR or by special permit may not be 

accepted for transportation or 

transported. These additional examples 

will provide greater clarity of what 

materials are not acceptable for 

transportation under the HMR and will 

increase safety. 

Section 177.804 

This section requires motor vehicle 

carriers of hazardous materials comply 

with the FMCSR and paragraph (a) 

specifies motor carriers and other 

persons subject to part 177 must also 

comply with specific provisions of the 

FMCSR. PHMSA has been made aware 

there is potential confusion in a 

scenario where a vehicle is subject to 

the HMR, but the vehicle is not of 

sufficient size to be subject to the 

FMCSR. Therefore, to provide 

regulatory clarity without reducing 

safety, PHMSA proposes to amend 

paragraph (a) to specify compliance 

with the FMCSR is only applicable to 

vehicles that are subject to the FMCSR. 

Section 177.816 

Section 177.816 specifies the 

requirements for highway transportation 

driver training. Currently, paragraph (c) 

specifies that §§ 177.816(a) and (b) 

training requirements may be satisfied 

with a tank vehicle or hazardous 

materials endorsement. In collaboration 

with FMCSA, PHMSA has become 

aware that cargo tank motor carriers are 

relying solely on the tank endorsement 

or hazardous materials endorsement 

provision in paragraph (c) to meet the 

training requirements related to cargo 

tank driving functions. FMCSA advises 

that most states have a six- or seven-year 

expiration on Commercial Driver’s 

Licenses (CDLs), far beyond the threeyear refresher training required by 

§§ 172.704 and 177.816(d). While 

paragraph (c) allows for the tank 

endorsement or hazardous materials 

endorsement to meet training 

requirements, the HMR does not allow 

the period of renewal of a tank vehicle 

or hazardous materials endorsement to 

supersede the three-year HMR 

requirement. Therefore, to assist in 

understanding of the current regulatory 

requirements and increase compliance, 

PHMSA proposes to add qualifying 

language to paragraph (c) to specify that 

the tank vehicle or hazardous materials 

endorsement may be used in place of 

the training requirements if it 

appropriately covers the requirements 

in paragraph (a) and (b). Furthermore, 

PHMSA proposes to add language to 

paragraph (d) stating that the training 

frequency must meet the requirements 

of § 172.704(c), which is required at 

minimum every three years. This 

clarification will enhance safety by 

ensuring everyone understands and 

abides by the current requirement that 

periods between training cannot exceed 

three years and will help ensure all 

operators are aware of the most current 

issues and response plans. 

Section 177.835 

Section 177.835 specifies additional 

requirements for the transportation of 

Class 1 hazardous materials by motor 

vehicle. Paragraph (d) provides 

conditions and requirements for Class 1 

materials to be transported in 

multipurpose bulk trucks (MBTs). 

PHMSA proposes to revise paragraph 

(d) to specify an MBT may not be 

transported with a cargo tank that is 

required to be marked or placarded. 

Final rule HM–233D 48 established 

standards for the safe transportation of 

certain bulk explosives. In HM–233D, 

PHMSA added paragraph (d) to allow 

Class 1 (explosive) materials to be 

transported with Division 5.1 

(oxidizing), Class 8 (corrosive), and/or 

combustible liquids in MBTs under 

conditions set forth in IME Standard 23 

and § 177.835(g). This regulatory 

allowance was based on the adoption of 

DOT–SP 11579. Following publication 

of this final rule, FMCSA noted that 

certain private motor carriers are 

transporting explosive materials for 

mining and quarrying in MBTs along 

with a secondary cargo tank motor 

vehicle transporting Division 1.5 

hazardous materials (sometimes referred 

to as a ‘‘pup’’ cargo tank motor vehicle). 

However, it was not PHMSA’s intention 

to authorize this configuration in HM– 

233D, as it was not authorized in DOT– 

SP 11579. As this is not indicated 

clearly in § 177.835(d), PHMSA 

proposes to specify an MBT may not be 

transported with any cargo tank that is 

required to be marked or placarded 

under § 177.823. PHMSA expects this 

proposed language to increase safety 

and eliminate the inconsistency 

between DOT–SP 11579 and the current 

regulatory requirements. In addition, 

this proposal is consistent with the 

existing prohibition in § 177.835(c)(3) 

that specifies Division 1.1 or 1.2 

(explosive) materials may not be loaded 

or carried on a combination of vehicles 

when any vehicle in the combination is 

a cargo tank that is required to be 

marked or placarded under § 177.823. 

Section 177.837 

Section 177.837 specifies the 

requirements for the transportation of 

Class 3 (flammable liquids) hazardous 

materials by motor vehicle. Paragraph 

(c) specifies bonding and grounding 

requirements before and during transfer 

of lading to or from a cargo tank. This 

requirement only applies to flammable 

liquids; the HMR do not currently 

require cargo tanks that are transferring 

combustible liquids to be bonded and 

grounded in accordance with the 

requirements of this section. However, 

combustible liquids and flammable 

liquids that have been reclassified as 

combustible liquids exhibit 

characteristics similar to materials 

classed as flammable liquids, 

particularly regarding vapors. Both 

combustible liquids and flammable 

liquids that have been reclassified as 

combustible liquids also have the 

potential for initiation by the static 

charge produced by product flow 

through a piping system on a cargo tank 

motor vehicle that is not bonded and 

grounded. 

PHMSA identified four recent 

incidents involving combustible liquids 

that may have been minimized by the 


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proposed bonding and grounding 

requirement prior to loading or 

unloading. Below are summaries of 

these incidents, which highlight the 

potential severity of incidents, resulting 

total damages, and release of hazardous 

materials: 

• August 5, 2015: A cargo tank was 

loading diesel fuel at a fuel station when 

a fire ignited under the hood of the 

vehicle, resulting in $349,130 in total 

damages. 4,500 gallons of diesel fuel 

was released. 

• August 4, 2016: An explosion 

occurred at a shipper’s loading facility 

while diesel fuel was being loaded into 

a cargo tank motor vehicle. Total 

damage costs amounted to almost $2 

million and a release of 2,500 gallons. 

• January 31, 2018: While a cargo 

tank motor vehicle was being loaded, 

Fuel Oil (No. 1, 2, 4, 5, or 6) was 

released, followed by an explosion and 

fire. The total damages were $1.3 

million and 2,534 gallons were released. 

• June 3, 2019: An explosion 

occurred while aviation fuel was being 

loaded into a cargo tank motor vehicle, 

resulting in a release of 3,104 gallons of 

hazardous material and approximately 

$7.3 million in total damages. In 

addition, this incident resulted in one 

major injury and three minor injuries. 

Based on these incidents and to 

ensure the safe transportation of these 

materials, PHMSA proposes to revise 

paragraph (c) to specify that a 

flammable liquid, a combustible liquid, 

or a flammable liquid reclassified as 

combustible liquid is subject to the 

bonding and grounding requirements of 

§ 177.837. 

Section 177.840 

This section details additional 

requirements for Class 2 (gases) 

hazardous materials transported by 

highway. Paragraph (n) states that in the 

event of an unintentional release of 

liquefied compressed gas to the 

environment, the internal self-closing 

stop valve or other primary means of 

closure must be shut. Paragraph (r)(2) 

requires the qualified person monitoring 

the unloading of a cargo tank motor 

vehicle containing liquefied compressed 

gas using a facility-provided hose be 

within arm’s reach of the mechanical 

means of closure for the internal selfclosing stop valve. Lastly, paragraph (t) 

requires the qualified person monitoring 

the unloading of a cargo tank motor 

vehicle containing liquefied compressed 

gas and being unloaded without 

emergency discharge equipment be 

within arm’s reach of the mechanical 

means of closure for the internal selfclosing stop valve. All three of these 

paragraphs only reference internal selfclosing stop valves and do not include 

a reference to external self-closing stop 

valves. However, there are cargo tank 

motor vehicles that transport liquefied 

compressed gas that have external selfclosing stop valves. In total, FMCSA 

estimates that there are approximately 

122,014 cargo tank motor vehicles that 

transport Division 2.2 (non-poisonous 

nonflammable gas) hazardous materials, 

which includes liquefied compressed 

gases, that have internal and/or external 

self-closing stop valves. Given the high 

number of cargo tank motor vehicles 

that may utilize external self-closing 

stop valves, primarily in cryogenic 

service, it is important to ensure that 

requirements for access to the means of 

closure for internal self-closing stop 

valves also apply to external self-closing 

stop valves. Therefore, PHMSA is 

adding clarifying language that these 

access requirements apply to both 

internal and external means of closure. 

PHMSA expects these additional 

provisions will continue to ensure the 

safe transportation of cargo tank motor 

vehicles and proposes to revise these 

paragraphs to require external selfclosing stop valves to comply with the 

same requirements as internal selfclosing stop valves. In review of 

historical rulemaking language, PHMSA 

does not expect it was the explicit intent 

to exclude external self-closing stop 

valves from these requirements. 

Lastly, in paragraph (t), PHMSA 

proposes to remove the reference to 

December 31, 1999, as it is obsolete, and 

all chlorine cargo tank motor vehicles 

are now subject to the additional 

unloading requirements specified in this 

paragraph. This editorial revision 

increases regulatory clarity without 

diminishing safety. 

Section 177.841 

This section provides additional 

requirements when transporting 

Division 6.1 and Division 2.3 hazardous 

materials via motor vehicle. Paragraph 

(e)(1) specifies when a package bears a 

POISON or POISON INHALATION 

HAZARD label or placard, it may not be 

transported in the same motor vehicle 

with foodstuffs, feed, or edible material 

intended for consumption by humans or 

animals unless the poisonous material is 

packaged in a specific way. In the 

interest of safety, PHMSA proposes to 

revise paragraph (e)(1) to also include 

packages bearing or required to bear a 

POISON GAS label or placard in the list 

of restricted hazardous materials with 

foodstuffs, feed, or edible material. 

Paragraph (e)(2) specifies a package 

bearing or required to bear a POISON, 

POISON GAS, or POISON 

INHALATION HAZARD label is not 

authorized for transportation in the 

driver’s compartment of a motor 

vehicle. Due to new motor vehicle 

designs, PHMSA proposes to revise this 

paragraph to specify that this also 

includes ‘‘enclosed van trucks with no 

permanent barrier separating the driver 

from the cargo component.’’ As the 

intent of this paragraph is to ensure a 

driver is not exposed to a poisonous 

material while in transportation, this 

revision ensures the continued safety of 

drivers in transportation. 

Part 178 

Section 178.320 

Section 178.320 specifies general 

requirements for DOT specification 

cargo tank motor vehicles and paragraph 

(a) includes definitions that apply to 

DOT specification cargo tank motor 

vehicles. 

PHMSA proposes to amend the 

following definitions: 

• Cargo tank: During review of 

§ 178.320, PHMSA noted that cargo tank 

was also defined in § 171.8, with minor 

editorial differences. PHMSA proposes 

to revise the § 171.8 definition of cargo 

tank to align with the current definition 

in § 178.320. See ‘‘Section IV. Sectionby-Section Review; Part 171; Section 

171.8’’ for details on the proposed 

changes to the § 171.8 definition of 

cargo tank. Subsequently, instead of 

also proposing to revise the definition in 

this section to match, PHMSA proposes 

to replace the definition of cargo tank 

with a reference to the definition in 

§ 171.8. This avoids unnecessary 

duplication and ensures if a future 

revision is necessary, it will only have 

to be revised in a single location. 

Furthermore, this still ensures that a 

reader who looks to § 178.320 for the 

definition of cargo tank is able to locate 

the definition in § 171.8 easily. 

• Cargo tank motor vehicle: The 

definition of cargo tank motor vehicle is 

currently defined in both §§ 171.8 and 

178.320, with no differences between 

the two. Similar to the proposal to the 

definition of cargo tank in this section, 

PHMSA proposes to replace the 

§ 178.320 definition of cargo tank motor 

vehicle with a reference to the definition 

in § 171.8. This avoids any potential 

future discrepancy between the same 

definition in two sections of the HMR. 

• Minimum thickness: PHMSA 

proposes to add the word ‘‘in’’ to the 

last sentence of this definition, as an 

editorial amendment for correct 

grammar. 

PHMSA proposes to add the following 

definitions: 

• Cargo tank motor vehicle 

certification date: Based on stakeholder 


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49See Letter of Interpretation Reference No. 03– 

0057: https://www.phmsa.dot.gov/regulations/ 

title49/interp/03-0057. 

feedback, PHMSA and FMCSA 

understand there is some confusion on 

the difference between the cargo tank 

motor vehicle certification date and the 

original test date. It is important to 

understand the difference, as the HMR 

require the cargo tank motor vehicle 

certification date to be marked on the 

specification plate, with the original test 

date marked on the name plate. To 

reduce any confusion, PHMSA proposes 

to add a definition for cargo tank motor 

vehicle certification date and original 

test date. PHMSA proposes to define 

cargo tank motor vehicle certification 

date as the date the cargo tank motor 

vehicle manufacturer certifies the 

completed cargo tank motor vehicle 

complies in all respects with the DOT 

specification and the ASME Code, if 

applicable. See below for a discussion 

on the proposed definition of original 

test date. 

• Component: Section 178.320 

currently defines an appurtenance as 

‘‘any attachment to a cargo tank that has 

no lading retention or containment 

function and provides no structural 

support to the cargo tank.’’ Because a 

component may have some form of 

lading retention function, either during 

loading, unloading, in-transit, or a 

combination thereof, it does not meet 

the definition of an appurtenance. 

Having no definition in § 178.320 can 

cause confusion. Therefore, PHMSA 

proposes to add a definition for 

component to mean ‘‘any attachment to 

the cargo tank or cargo tank motor 

vehicle, including valves, piping, 

fittings, ladders, clips, protection 

devices, and hoses that contain lading 

during loading, unloading or 

transportation, or are required to be 

pressure or leak-tested in accordance 

with the requirements of part 180 of this 

subchapter.’’ 

• Flexible connector: In 

§ 180.407(d)(2)(ii) of this NPRM, 

PHMSA proposes to specify that a 

flexible connector is a part of the piping 

system, but it is not currently defined in 

the HMR. Therefore, PHMSA proposes 

to add a definition for the term flexible 

connector. The proposed definition is 

similar to the definition in NFPA 

Standard No. 58, and PHMSA proposes 

a flexible connector to mean ‘‘a short 

component of a piping system, not 

exceeding 36 in. (.91 m) overall length, 

fabricated of flexible material and 

equipped with suitable connections on 

both ends.’’ Furthermore, PHMSA 

proposes this definition specifies that 

‘‘liquefied petroleum gas resistant 

rubber and fabric or metal, or a 

combination thereof, or all metal may be 

used.’’ 

• Lading retention system: PHMSA 

proposes to add a definition of lading 

retention system as it is referenced 

several places in the HMR but is not 

currently defined. Having no definition 

in the HMR can cause regulatory 

confusion, so adding a definition will 

decrease confusion and enhance safety. 

PHMSA proposes that a lading retention 

system means ‘‘the cargo tank wall and 

any associated components or 

equipment that, if damaged, could result 

in the release of the contents of the 

package.’’ This proposed definition 

aligns with Letter of Interpretation Ref. 

No. 03–0057.49 As specified in the 

letter, PHMSA considers piping and 

valves to be a part of the associated 

components or equipment in the lading 

retention system. 

• Lining: There are a variety of linings 

used in the cargo tank industry, such as 

internal and external linings and 

coatings, and while the term is used 

throughout the HMR, it is not defined. 

By adding a definition of lining to 

§ 178.320, PHMSA expects this will 

ensure effective communication within 

the regulated community and will 

prevent any future confusion, thus 

enhancing safety. PHMSA proposes 

lining to mean ‘‘an internal layer of 

different material covering the inside 

surface of the cargo tank.’’ 

• Name plate: The terms ‘‘ASME 

plate,’’ ‘‘name plate,’’ and ‘‘specification 

plate’’ are not used throughout the HMR 

consistently. This has created a 

considerable amount of confusion 

among the regulated community. This 

uncertainty is amplified when 

considering the challenges associated 

with mounting a used ASME Code cargo 

tank to a new chassis. To address the 

issue and alleviate industry frustration, 

PHMSA proposes to establish a 

definition for name plate (as well as a 

definition for specification plate). 

PHMSA proposes name plate to mean 

‘‘a data plate permanently attached to 

the cargo tank by the cargo tank 

manufacturer for the purpose of 

displaying the minimum information 

required by the ASME Code, as 

prescribed in §§ 178.337–17(b), 

178.338–18(b), or 178.345–14(b) of this 

part, as appropriate.’’ PHMSA and 

FMCSA expect this definition aligns 

with current industry practice and 

stakeholder understanding. See below 

for a discussion on the proposed 

definition of specification plate. 

• Original test date: As previously 

discussed, there is confusion on what 

constitutes the original test date marked 

on the name plate and the cargo tank 

motor vehicle certification date stamped 

on the specification plate. Some in the 

regulated community have indicated the 

original test date is the date the cargo 

tank was actually completed, while 

others believe it is the cargo tank motor 

vehicle certification date. However, if 

the original test date is the date the 

cargo tank motor vehicle is certified, 

this does not take into account certain 

circumstances during the manufacturing 

process. For example, sometimes a cargo 

tank motor vehicle is constructed in two 

phases where the cargo tank is 

manufactured but it is assembled and 

mounted on a chassis at a later date 

(thus becoming a cargo tank motor 

vehicle). Alternatively, there are other 

circumstances where a cargo tank is 

assembled and mounted on a different 

chassis, and it is necessary to know 

when the original cargo tank was 

manufactured. Therefore, as previously 

discussed, to ensure consistent 

understanding of the HMR, PHMSA 

proposes to add definitions for cargo 

tank motor vehicle certification date 

and original test date. PHMSA proposes 

that original test date mean ‘‘the date 

the cargo tank manufacturer performed 

the original pressure test in accordance 

with part 178, to verify the structural 

integrity of the cargo tank in accordance 

with the requirements for new 

construction prescribed in this part.’’ 

• Sacrificial device: PHMSA noted 

that sacrificial device is currently 

defined in § 178.345–1 (the section for 

DOT Specification 406, 407, and 412 

cargo tank motor vehicles definitions); 

however, the definition also applies to 

DOT Specification MC 331 cargo tank 

motor vehicles. Therefore, PHMSA 

proposes to move the definition for 

sacrificial device from § 178.345–1(c) to 

§ 178.320. 

• Shear section: PHMSA noted that 

shear section is currently defined in 

§ 178.345–1 (the section for DOT 

Specification 406, 407, and 412 cargo 

tank motor vehicles definitions); 

however, the definition also applies to 

DOT Specification MC 331 and 338 

cargo tank motor vehicles. Therefore, 

PHMSA proposes to move the definition 

for shear section from § 178.345–1(c) to 

§ 178.320. 

• Specification plate: As previously 

mentioned, PHMSA proposes to add a 

definition for specification plate to help 

distinguish it from a name plate and 

provide greater clarity. PHMSA and 

FMCSA expect that this proposed 

definition aligns with current industry 

practice and stakeholder understanding. 

PHMSA proposes that a specification 

plate means ‘‘a data plate containing the 

applicable markings provided in 


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85626 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

50See Letters of Interpretation Reference Nos. 07– 

0169 and 14–0235. Letter of Interpretation 

Reference No. 07–0169 is available at: https://

www.phmsa.dot.gov/regulations/title49/interp/07- 

0169. Letter of Interpretation Reference No. 14– 

0235 is available at: https://www.phmsa.dot.gov/ 

regulations/title49/interp/14-0235. 51 68 FR 19257 (April 18, 2003). 

§§ 178.337–17(c), 178.338–18(c), or 

178.345–14(c), as appropriate, and 

permanently attached to the cargo tank 

or cargo tank motor vehicle chassis by 

the manufacturer. The markings on this 

plate are certification by the 

manufacturer that the cargo tank or the 

cargo tank motor vehicle conforms in all 

respects with the specification 

requirements of this subchapter.’’ 

PHMSA requests comment on these 

proposed definitions and how they 

affect different functions. Specifically, 

are all the possible alternatives included 

in the proposed regulatory language? 

Does any of the proposed regulatory 

language obstruct current activities or 

functions? 

Section 178.337–1 

This section sets forth the general 

requirements for DOT Specification MC 

331 cargo tank motor vehicles. 

Paragraph (d) addresses the requirement 

for reflective design of the cargo tank. 

PHMSA proposes to remove the 

requirement that specifies that the cargo 

tank must be painted. This is consistent 

with previously issued Letters of 

Interpretation Reference Nos. 11–0067, 

14–0180, 15–0242, and 19–0107. This 

provides for additional regulatory 

flexibility while still maintaining safe 

transportation of hazardous materials. 

Specifically, PHMSA proposes to 

remove the requirement for the cargo 

tank to be painted, which allows for the 

use of a wrap, cover, or paint on 

uninsulated cargo tanks to meet the 

reflexivity performance standard. 

Paragraph (g) provides definitions 

specific to MC 331 cargo tank motor 

vehicles. In review of this section, and 

the cargo tank motor vehicle definitions 

in § 178.320, PHMSA noted duplicative 

definitions for internal self-closing stop 

valves in §§ 178.320 and 178.337–1. 

PHMSA proposes to remove the 

definition of internal self-closing stop 

valves in § 178.337–1 to avoid 

unnecessary duplication and ensure that 

if the definition needs to be revised in 

the future, it only has to be revised in 

one regulatory section. 

Section 178.337–2 

This section details materials 

authorized for DOT Specification MC 

331 cargo tanks. Paragraph (b)(2)(i) 

specifies the materials of construction 

for chlorine cargo tanks manufactured 

after January 1, 1975, must conform to 

ASTM A 612 Grade B or A 516/A 516M, 

Grade 65 or 70 (IBR, see § 171.7 of this 

subchapter). However, PHMSA and 

FMCSA noted that steel is no longer 

defined as grade A or B. Therefore, 

PHMSA proposes to remove the 

reference to Grade B steel appropriately 

to remove any potential confusion. 

Sections 178.337–3, 178.338–3, and 

178.345–3 

Sections 178.337–3, 178.338–3, and 

178.345–3 detail structural integrity 

requirements for DOT Specification MC 

331; MC 338; and DOT Specification 

406, 407, and 412 cargo tank motor 

vehicles, respectively. Paragraph (g) in 

§§ 178.337–3 and 178.338–3 and 

paragraph (f) in § 178.345–3 specify the 

design, construction, and installation of 

an attachment, appurtenance, structural 

support member, or accident protection 

device. 

In paragraph (g)(3) of §§ 178.337–3 

and 178.338–3 and paragraph (f)(3) of 

§ 178.345–3, PHMSA proposes to 

specify the welding of any appurtenance 

to the cargo tank wall applies to both 

‘‘internal or external’’ appurtenances. 

Consistent with long-standing letters of 

interpretation previously issued by 

PHMSA, this revision provides 

regulatory clarity and ensures continued 

safe manufacture of cargo tank motor 

vehicles.50 In these long-standing letters 

of interpretation, PHMSA notes that 

internal appurtenances may not be 

attached to the cargo tank wall without 

mounting pads. An example of internal 

appurtenances are baffles, which require 

mounting pads to be attached to the 

cargo tank wall. 

PHMSA also proposes minor editorial 

revisions to §§ 178.338–3(g)(3) as well 

as § 178.345–3(f) and (f)(3) to ensure 

consistency throughout the HMR, as 

these paragraphs outline the same 

requirements for different types of cargo 

tank motor vehicles. In § 178.338– 

3(g)(3), PHMSA proposes to add the 

preposition ‘‘to’’ in the first sentence for 

grammatical accuracy. In addition, 

when comparing these paragraphs, 

PHMSA identified that ‘‘accident 

damage protection’’ was not specified in 

the applicability of § 178.345–3(f) for 

DOT 400 series cargo tanks, but it was 

identified in § 178.337–3(g) for MC 331 

cargo tanks and § 178.338–3(g) for MC 

338 cargo tanks. As these paragraphs 

have the same regulatory intent, 

PHMSA proposes to add accident 

damage protection to § 178.345–3(f). 

PHMSA expects this proposal will 

eliminate any potential confusion from 

regulatory inconsistency, which will 

increase safety. PHMSA also proposes to 

revise the first reference of ‘‘shell or 

head’’ in § 178.345–3(f)(3) to read as 

‘‘shell wall or head wall,’’ similar to 

§§ 178.337–3(g)(3) and 178.338–3(g)(3). 

Furthermore, §§ 178.337–3(g)(3)(iii), 

178.338–3(g)(3)(iii), and 178.345– 

3(f)(3)(iii) require that when welding 

any appurtenance to the cargo tank wall 

with a mounting pad, the pad must 

extend at least two inches in each 

direction from any point of an 

appurtenance or structural support 

member. The second sentences of these 

sections also specify ‘‘[t]his dimension 

may be measured from the center of the 

attached structural member.’’ PHMSA 

proposes to remove this sentence, 

because it can lead to confusion while 

only providing an option on how that 

measurement can be made. The 

circumstance for this option mostly 

applies to only small attachments 

where, because of either location or 

function, it is easy to measure from the 

center of the structural member. 

PHMSA expects that because this 

provision is only applicable in some, 

but not all, circumstances, it creates 

confusion in situations where the center 

of the attached structural member 

cannot be identified or the measurement 

from the center does not make sense. 

Therefore, to eliminate any potential 

confusion, PHMSA proposes to remove 

this sentence. Although PHMSA 

proposes to remove the regulatory 

instruction, the dimension may still be 

measured from the center of the 

attached structural member, if 

applicable. 

Finally, PHMSA is proposing an 

editorial revision to these three sections 

to remove the phase ‘‘or structural 

support members.’’ Structural support 

members are not required to be attached 

to the tank shell with mounting pads 

(see final rule HM–213) 51 therefore 

PHMSA proposes to remove the phrase 

to eliminate confusion over 

requirements for use of mounting pads 

with structural support members. 

Section 178.337–3 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–3, 

178.338–3, and 178.345–3’’ for details 

on the revisions proposed to this 

section. 

Sections 178.337–8, 178.338–11, and 

178.345–11 

Section 178.337–8 details 

requirements for the openings, inlets, 

and outlets of DOT Specification MC 

331 cargo tank motor vehicles; 

§ 178.338–11 details discharge control 

devices for DOT Specification MC 338 

cargo tank motor vehicles; and 


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§ 178.345–11 details tank outlet 

requirements for DOT Specification 406, 

407, and 412 cargo tank motor vehicles. 

PHMSA proposes to add paragraph 

(a)(4)(vii) in § 178.337–8, paragraph 

(c)(2)(iii) in § 178.338–11, and 

paragraph (b)(1)(iv) in § 178.345–11 to 

require if the cargo tank is equipped 

with a mechanical means of remote 

closure for manual operation, it must 

not be obstructed by equipment or 

appurtenances in a manner that 

prevents access to or operation of the 

remote means in an emergency. FMCSA 

has encountered cargo tank motor 

vehicles where the manual emergency 

remote shut off device has been 

obstructed by various equipment or 

appurtenances that were added after the 

date of manufacture. This is a safety 

concern because obstructions to the 

manual emergency remote shut off 

device make the device harder to 

activate in an emergency, which may 

cause an incident to occur or worsen an 

incident in progress. Therefore, to 

address this safety concern, PHMSA 

proposes to provide an indication in 

new paragraphs §§ 178.337–8(a)(4)(vii), 

178.338–11(c)(2)(iii), and 178.345– 

11(b)(1)(iv) that if equipped with a 

mechanical means of remote closure, it 

must not be obstructed to prevent 

operation or access in an emergency. 

Section 178.337–8 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–8, 

178.338–11, and 178.345–11’’ for details 

on the revision proposed to this section. 

Section 178.337–9 

This section prescribes requirements 

for PRDs, piping, valves, hoses, and 

fittings for DOT Specification MC 331 

cargo tanks. Paragraph (a)(3) requires 

each valve used on a DOT Specification 

MC 331 cargo tank motor vehicle be 

designed, constructed, and marked for a 

rated pressure not less than the design 

pressure of the cargo tank. PHMSA 

proposes to replace the term ‘‘valve’’ 

with ‘‘pressure relief device’’ as this 

matches the title of paragraph (a) more 

appropriately. 

Paragraph (b) specifies piping, valves, 

hoses, and fittings requirements for DOT 

Specification MC 331 cargo tanks. 

PHMSA proposes to revise the 

paragraph (b) title from ‘‘Piping, valves, 

hose, and fittings’’ to ‘‘Components and 

other pressure parts.’’ This proposed 

title aligns with the proposed § 178.320 

definition of components and more 

appropriately illustrates the 

requirements of the paragraph. PHMSA 

expects this proposed change will help 

to reduce any regulatory confusion. 

PHMSA also found the HMR does not 

assign responsibility to who must 

ensure that all components meet 

paragraph (b) requirements, causing 

potential regulatory confusion. To 

address this uncertainty, PHMSA 

proposes to specify that the cargo tank 

motor vehicle manufacturer is 

responsible for ensuring that all 

components comply with the 

paragraphs that follow. This aligns with 

other HMR requirements that require 

the cargo tank motor vehicle 

manufacturer to issue the certificate of 

construction as well as the specification 

plate and name plate. Therefore, 

PHMSA expects this proposed 

amendment to paragraph (b) will reduce 

regulatory uncertainty and thus, 

increases safety. 

Paragraph (b)(1) specifies the burst 

pressure requirements for all piping, 

pipe fittings, hose, and other pressure 

parts, except for pump seals and PRDs. 

In order to be consistent with the ASME 

Code, PHMSA proposes to replace the 

phrase ‘‘design pressure’’ with the 

phrase ‘‘MAWP,’’ the acronym for 

maximum allowable working pressure 

used in the ASME Code. This proposed 

change eliminates an inconsistency 

between the ASME Code and the HMR 

and thus, increases safety. In addition, 

PHMSA proposes to revise the reference 

for chlorine service from paragraph 

(b)(7) to paragraph (b)(8), as an editorial 

amendment. 

Paragraph (b)(6) requires cargo tank 

manufacturers and fabricators to 

demonstrate that all piping, valves, and 

fittings installed on a cargo tank are free 

from leaks by testing them at not less 

than 80 percent of the design pressure 

marked on the cargo tank. PHMSA 

proposes to replace the term ‘‘cargo tank 

manufacturers and fabricators’’ with 

‘‘cargo tank motor vehicle 

manufacturers’’ as this better aligns with 

the responsibilities of manufacturers of 

cargo tank motor vehicles. Additionally, 

and similar to the proposed change in 

paragraph (a)(3), PHMSA proposes to 

revise the terminology to test at not less 

than 80 percent of ‘‘design pressure’’ to 

‘‘MAWP,’’ as this better aligns with 

ASME requirements. Lastly, PHMSA 

proposes to specify the test should be 

conducted based off the ‘‘name plate 

after the piping is installed on the cargo 

tank motor vehicle’’ as opposed to 

‘‘cargo tank’’ to provide further clarity 

on this requirement. These proposed 

changes provide regulatory clarity 

without impacting safety. 

Paragraph (b)(7) specifies 

requirements for a hose assembler of 

DOT Specification MC 331 cargo tanks. 

PHMSA proposes to move the 

requirements in paragraph (b)(7) to its 

own new paragraph (e) to provide 

enhanced visibility, improve regulatory 

compliance, and thus, improve safety. 

Subsequently, PHMSA proposes to 

reserve paragraph (b)(7). Furthermore, 

in new paragraph (e), PHMSA proposes 

to add a title of ‘‘hose assembler 

requirements’’ to align with the rest of 

§ 178.337–9 and the Office of Federal 

Register Document Drafting Handbook, 

which requires that when one section 

paragraph has a heading, all of the other 

paragraphs in the section should as 

well. Lastly, as a clarifying statement, 

PHMSA proposes to reference the 

§ 180.416(f) written report requirement 

for the hose assembler tests. PHMSA 

expects that adding this reference will 

improve compliance and therefore, 

increase safe transportation of 

hazardous materials. 

Sections 178.337–10 and 178.338–10 

These sections detail accident damage 

protection requirements of DOT 

Specification MC 331 and MC 338 cargo 

tank motor vehicles. Paragraph (c)(1) of 

both sections specify rear-end tank 

protection device requirements. PHMSA 

proposes to replace the words ‘‘valves, 

piping, and fittings’’ with 

‘‘components,’’ as this is consistent with 

the new definition proposed in 

§ 178.320. 

Paragraph (c)(1) also specifies the rear 

bumper dimensions must meet the 

requirements of § 393.86. However, 

FMCSA notes there is stakeholder 

confusion on whether the referenced 

dimensional requirements or the wheels 

back vehicle exception in § 393.86 

applies. The historical applicability and 

intent of this paragraph is that the 

referenced dimensional requirements in 

§ 393.86 apply to accident damage 

protection. Therefore, to remove any 

potential confusion, and therefore, 

increase safety, PHMSA proposes to add 

a sentence specifying that the wheels 

back exception provided in 49 CFR 

393.86 does not apply. 

Section 178.337–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–10 

and 178.338–10’’ for details on the 

revisions proposed to this section. 

Sections 178.337–17 and 178.338–18 

Sections 178.337–17 and 178.338–18 

detail marking requirements for DOT 

Specification MC 331 and MC 338 cargo 

tank motor vehicles, respectively. 

Paragraph (a) details general 

requirements for both the name plate 

and the specification plate. In addition 

to editorial revisions, PHMSA proposes 

to specify that the responsibility of 

applying the name plate and 


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specification plate fall on the 

manufacturer, as a clarifying statement. 

While not explicitly stated, this codifies 

current practice to remove any 

ambiguity and ensure continued safe 

hazardous materials transportation. 

PHMSA notes this requirement means 

that the requirements for the name 

plate, when applicable, and 

specification plate fall on the person 

responsible for building the cargo tank, 

cargo tank motor vehicle, or both. 

PHMSA also proposes to remove the 

compliance date of October 1, 2004, as 

this date has passed, and all DOT 

Specification MC 331 and MC 338 cargo 

tank motor vehicles are subject to these 

requirements. 

Paragraph (a)(4) in both sections 

indicates the specification plate may be 

attached to the cargo tank motor vehicle 

chassis rail and details methods on how 

to do so. PHMSA proposes to revise 

paragraph (a)(4) to specify the 

specification plate must be attached to 

the cargo tank or its integral supporting 

structure, instead of the cargo tank 

motor vehicle chassis rail. A DOT 

Specification MC 331 or MC 338 cargo 

tank potentially has a longer useable 

lifespan than the life of the motor 

vehicle chassis to which it is originally 

attached. As such, it is possible for the 

original specification plate to be 

separated from the cargo tank if the 

cargo tank is remounted to a different 

chassis, which poses a safety risk to 

knowing the specification of the cargo 

tank. Therefore, to remove this possible 

scenario, PHMSA proposes to require 

the specification plate be mounted to 

the cargo tank itself or an integral 

supporting structure. Additionally, 

PHMSA proposes minor editorial 

amendments for sentence structure 

clarity. These changes increase 

regulatory consistency by aligning the 

specification plate attachment language 

with that of the DOT 400 series cargo 

tank motor vehicle specification. 

Section 178.337–17 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–17 

and 178.338–18’’ for details on the 

revisions proposed to this section. 

Section 178.337–18 

This section requires appropriate 

documentation certifying that a 

completed cargo tank motor vehicle 

conforms to DOT Specification MC 331 

cargo tank requirements and the ASME 

Code. PHMSA proposes revisions that 

better align this section with the 

certification requirements (and 

proposed changes) in §§ 178.338–19 and 

178.345–15 to increase regulatory 

consistency and thus, compliance and 

safety. 

Paragraph (a) details requirements for 

the cargo tank data report and a 

certificate of construction. In the 

introductory text to paragraph (a), 

PHMSA proposes to specify the data 

report is the ‘‘cargo tank’s ASME Form 

U–1A data report as required by Section 

VIII of the ASME Code’’ to align with 

§§ 178.338–19(a)(1) and 178.345– 

15(b)(2). Additionally, as an editorial 

amendment, PHMSA proposes to clarify 

the ‘‘certificate’’ is the ‘‘Certificate of 

Compliance.’’ PHMSA proposes to make 

similar editorial changes in paragraphs 

(a)(1) and (3). 

Moreover, PHMSA proposes to add 

language to paragraph (a)(3) to specify 

that when a cargo tank motor vehicle is 

manufactured in two or more stages and 

after the cargo tank motor vehicle is 

brought into full compliance with the 

applicable specification and ASME 

Code, the final manufacturer must mark 

the specification plate with the cargo 

tank motor vehicle certificate date and 

attach the specification plate to the 

completed cargo tank in accordance 

with § 178.338–18(a). PHMSA expects 

this proposed language better aligns this 

section with §§ 178.338–19 and 

178.345–15 and current ASME Code 

requirements. 

Lastly, PHMSA proposes to make a 

minor editorial amendment to 

paragraph (a)(4) by removing the 

indication that the cargo tank motor 

vehicle must have the Registered 

Inspector stamp, the specification plate, 

and issue a Certificate of Compliance, 

and instead specifying that the 

Registered Inspector shall complete 

these actions. This aligns the paragraph 

better with §§ 178.338–19 and 178.345– 

15. 

Section 178.338–3 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–3, 

178.338–3, and 178.345–3’’ for details 

on the revisions proposed to this 

section. 

Section 178.338–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–10 

and 178.338–10’’ for details on the 

revisions proposed to this section. 

Section 178.338–11 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–8, 

178.338–11, and 178.345–11’’ for details 

on the revision proposed to this section. 

Section 178.338–18 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–17 

and 178.338–18’’ for details on the 

revisions proposed to this section. 

Section 178.338–19 

This section details the requirements 

for the certification of DOT 

Specification MC 338 insulated cargo 

tank motor vehicles. PHMSA proposes 

revisions that better align this section 

with the certification requirements (and 

proposed changes) in §§ 178.337–18 and 

178.345–15 to increase regulatory 

clarity. 

Paragraph (a) specifies documents 

that must be furnished to the owner of 

a cargo tank motor vehicle. PHMSA 

proposes to move the current language 

in paragraph (a)(1) to paragraph (a) 

introductory text, with minor editorial 

amendments. Subsequently, PHMSA 

proposes to revise paragraph (a)(1) to 

specify that the Certificate of 

Compliance must be signed by an 

official of the manufacturer responsible 

for compliance and a DCE. As 

mentioned, these changes better align 

this section with §§ 178.337–18 and 

178.345–15 to increase regulatory 

consistency and clarity. There are no 

proposed revisions to paragraph (a)(2), 

but it appears in the regulatory text of 

this NPRM for the Federal Register. 

Paragraph (b) specifies requirements 

when a cargo tank is manufactured in 

two or more stages. PHMSA proposes to 

redesignate paragraph (b) as paragraph 

(a)(3) in addition to editorial 

amendments to mirror § 178.337–18. 

Additionally, PHMSA proposes to 

specify that when the cargo tank motor 

vehicle is brought into full compliance 

with the applicable specification and 

ASME Code, the final manufacturer 

must mark the specification plate with 

the cargo tank motor vehicle certificate 

date and attach the specification plate to 

the completed cargo tank in accordance 

with § 178.338–18(a). PHMSA also 

proposes to remove the language in this 

paragraph related to what the 

certification must include. 

Paragraph (c) details requirements in 

the event of a change in ownership. 

Because PHMSA proposes to 

redesignate paragraph (b) as paragraph 

(a)(3), PHMSA proposes to redesignate 

paragraph (c) as paragraph (b). Because 

of this proposed redesignation, PHMSA 

proposes to reserve paragraph (c). 

Lastly, PHMSA proposes editorial 

amendments in new paragraph (b) to 

align with other cargo tank specification 

certification sections. 

Section 178.345–1 

This section details the general 

requirements for DOT Specification 406, 

407, and 412 cargo tank motor vehicles. 

Paragraph (c) includes definitions for 


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these types of cargo tank motor vehicles. 

However, there are several definitions in 

§ 178.345–1 that are also found in 

§ 178.320, some of which have different 

wording. As this could cause confusion, 

PHMSA proposes to remove all the 

definitions which are already found in 

§ 178.320. Reducing confusion in the 

regulations helps to increase 

compliance and thus, safety. 

Additionally, and as discussed in 

‘‘Section IV. Section-by-Section Review; 

Part 178; Section 178.320,’’ PHMSA 

proposes to move the definitions for 

sacrificial device and shear section to 

§ 178.320 as they apply to other types of 

cargo tank motor vehicles in addition to 

DOT Specification 406, 407, and 412 

cargo tank motor vehicles. 

Section 178.345–3 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–3, 

178.338–3, and 178.345–3’’ for details 

on the revisions proposed to this 

section. 

Section 178.345–8 

This section details accident damage 

protection for DOT Specification 406, 

407, and 412 cargo tank motor vehicles. 

Paragraph (d) specifies rear-end tank 

protection, with paragraph (d)(1) 

describing design requirements for the 

rear-end cargo tank protection device. 

PHMSA proposes to split paragraph 

(d)(1) into two paragraphs—paragraphs 

(d)(1)(i) and (ii)—to better clarify 

deflection design requirements and 

increase readability, which ultimately 

increases safety. PHMSA proposes that 

paragraph (d)(1)(i) contains the rear-end 

cargo tank protection device design 

requirements for cargo tanks where the 

rear-end protection device is on the 

same horizontal plane as the 

component. PHMSA proposes that 

paragraph (d)(1)(ii) contains design 

requirements for a rear-end cargo tank 

protection device when the component 

is not on the same horizontal plane. 

This proposed language is for 

clarification. Figure 1 details the 

difference between the vertical plane 

and horizontal plane. 

Paragraph (d)(2) indicates the 

dimension requirements for the rear-end 

cargo tank protection device. Paragraph 

(d)(3) specifies additional design 

requirements for the rear-end protection 

device and its attachments on DOT 

Specification 406, 407, and 412 cargo 

tank motor vehicles. In paragraphs 

(d)(2)(i)–(iii) and (3), PHMSA proposes 

to spell out the dimensions instead of 

using a numerical value, for 

grammatical correctness. 

During review of cargo tank motor 

vehicle manufacturers and other 

facilities that design and install rear-end 

protection devices, FMCSA inspectors 

identified that manufacturers who 

calculate and construct rear-end devices 

were not properly calculating the 2 ‘‘g’’ 

impact, which is a result of potentially 

confusing regulations in paragraph 

(d)(3). As this results in non-compliant 

rear-end protection devices that fail 

under impact, PHMSA proposes to 

revise paragraph (d)(3) to clarify this 

requirement and ensure the continued 

safe transportation of hazardous 

materials. To achieve this clarity, 

PHMSA proposes to revise the term 

‘‘rated payload’’ to ‘‘gross vehicle 

weight rating’’ and add a sentence to 

specify ‘‘the structures supporting the 

rear-end protection device, including 

the frame and the attachments to the 

frame must be capable of withstanding 

the 2 ‘g’ load.’’ 

Section 178.345–11 

This section details requirements for 

the openings, inlets, and outlets of DOT 

Specification 406, 407, and 412 cargo 

tank motor vehicles. Paragraph (b) 

requires each cargo tank loading/ 

unloading outlet to be equipped with an 

internal or external self-closing stop 

valve. PHMSA proposes to revise 

paragraph (b)(1)(ii) to specify that if the 

actuating system fails, each loading/ 

unloading outlet must remain securely 

closed and capable of retaining the 

cargo tank’s lading. This provides 


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Figure 1: Section 178.345-8 Difference between Vertical Plane and Horizontal Plane 

Horizontal plane of the 

p1pmg 

SIDE VIEW 

Vertical plane of the 

outboard surface of the 

rear-end protection 

device 

Rear-end 

protection device 
85630 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

additional clarification that failure is 

another circumstance where the 

loading/unloading outlet must remain 

securely closed if the actuating system 

fails. This increases safety because if the 

actuating system fails, the outlet should 

still be closed and capable of retaining 

liquid to ensure continued safe 

transportation of hazardous materials. 

See ‘‘Section IV. Section-by-Section 

Review; Part 178; Sections 178.337–8, 

178.338–11, and 178.345–11’’ for details 

on the proposal to add paragraph 

(b)(1)(iv) to this section. 

Section 178.345–13 

This section specifies the pressure 

and leakage test requirements for DOT 

Specification 406, 407, and 412 cargo 

tank motor vehicles, with paragraph (a) 

detailing that the pressure and leakage 

tests must be in accordance with this 

section and §§ 178.346–5, 178.347–5, or 

178.348–5. PHMSA proposes to revise 

the language in paragraph (a) to specify 

that the pressure and leakage tests must 

be performed by the cargo tank motor 

vehicle manufacturer. This aligns with 

current industry practice and provides a 

clear distinction on the person with 

responsibility to perform these tests, 

which increases regulatory compliance 

and safety. 

PHMSA also proposes to add a 

sentence to specify the leakage test shall 

be performed after the piping is 

installed on the cargo tank motor 

vehicle. PHMSA and FMCSA expect 

that this aligns with current industry 

practice, while ensuring the continued 

safe transport of the cargo tank motor 

vehicle and reducing the likelihood of a 

release of hazardous materials. 

Section 178.345–14 

This section specifies the marking 

requirements for DOT Specification 406, 

407, and 412 cargo tank motor vehicles. 

Paragraph (a) provides general 

certification requirements. PHMSA 

proposes to add a clarifying statement to 

paragraph (a) that if information is 

required to be displayed on the name 

plate, it does not need to be repeated on 

the specification plate. This is 

consistent with other DOT specification 

requirements. 

PHMSA also proposes certain 

editorial amendments in this section. 

Paragraph (b)(3) indicates that the tank 

MAWP in psig must be marked on the 

tank nameplate. In this paragraph, 

PHMSA proposes to specify that by 

‘‘tank,’’ the requirement applies to a 

‘‘cargo tank.’’ Paragraph (c) provides 

requirements for marking of the 

specification plate, with paragraphs 

(c)(6) and (7) requiring the marking of 

the maximum loading and unloading 

rates, respectively. PHMSA proposes to 

revise paragraph (c)(6) to allow for 

‘‘NONE’’ and paragraph (c)(7) to allow 

for ‘‘OPEN MH’’ or ‘‘NONE’’ as an 

indication of no limit on the loading 

and unloading rate, respectively. 

Lastly, paragraph (d) includes the 

requirements for a multi-cargo tank 

motor vehicle. PHMSA proposes to 

revise this paragraph to refer to the 

definition of design type in § 178.320(b) 

instead of the ‘‘same materials, 

manufactured thickness, minimum 

thickness, and to same specification.’’ 

This revision is intended to clarify the 

intent of the exception from the 

requirement to display multiple name 

plates for compartmented cargo tanks 

separated by voids. ‘‘Design type’’ is a 

more efficient and simpler phrase to 

communicate the intent of this 

exception. 

Section 178.345–15 

This section details certification 

requirements for DOT Specification 406, 

407, and 412 cargo tank motor vehicles. 

PHMSA proposes revisions that better 

align this section with the certification 

requirements (and proposed changes) in 

§§ 178.337–18 and 178.338–19. 

Paragraph (a) includes requirements 

for certification documents. In 

paragraph (a), PHMSA proposes to 

expand the requirements. This includes 

requiring that the cargo tank motor 

vehicle manufacturer must supply, and 

the owner must obtain, a cargo tank’s 

ASME Form U–1A data report as 

required by Section VIII of the ASME 

Code and a Certificate of Compliance 

stating that the completed cargo tank 

motor vehicle conforms in all respects 

to the DOT specification and the ASME 

Code. As mentioned, this better aligns 

paragraph (a) with other cargo tank 

certification requirements in 

§§ 178.337–18 and 178.338–19. 

Paragraph (b)(1) details the signatory 

requirements of the certificate. Similar 

to proposed changes in paragraph (a), 

PHMSA proposes to revise paragraph 

(b)(1) to specify the certificate must be 

a Certificate of Compliance signed by an 

official of the cargo tank motor vehicle 

manufacturer responsible for 

compliance, and a DCE. 

Lastly, paragraph (e) includes 

requirements for specification shortages. 

PHMSA proposes to revise paragraph (e) 

editorially to better align this paragraph 

with other cargo tank specification 

certification requirements. The 

substantive requirements for cargo tanks 

manufactured in two or more stages are 

not changed in this proposal. 

Section 178.348–1 

This section specifies the general 

requirements for DOT Specification 412 

cargo tank motor vehicles. Paragraph (d) 

requires a cargo tank with a MAWP 

greater than fifteen psig must be of 

circular cross-section. Paragraph (e) 

specifies ASME construction 

requirements depending on the MAWP 

of the cargo tank. Cargo tank 

manufacturers have expressed 

confusion over the current regulatory 

requirements in this section, 

particularly when a DOT 412 

specification cargo tank must be 

certified to the ASME Code. Therefore, 

to alleviate this confusion and increase 

regulatory compliance, PHMSA 

proposes to revise paragraph (d) to 

specify when a cargo tank motor vehicle 

has a MAWP greater than fifteen psig, it 

must be constructed and certified in 

accordance with Section VIII of the 

ASME Code. Subsequently, PHMSA 

proposes to revise paragraph (e) to 

specify when a cargo tank motor vehicle 

has a MAWP of fifteen psig or less, it 

must be constructed in accordance with 

Section VIII. PHMSA also proposes to 

redesignate paragraphs (e)(2)(i)–(viii) as 

paragraphs (e)(1)–(8) without making 

any revisions, other than an editorial 

revision in current paragraph (e)(2)(iii) 

to spell out the numerical value of 15 

psig. These proposed revisions are not 

intended to amend the intent of the 

section, but instead increase regulatory 

clarity. 

Part 179 

Section 179.2 

Section 179.2 is the definition section 

for tank car specifications in part 179. 

PHMSA proposes to add introductory 

text to specify that terms defined in 

§§ 171.8 and 180.503 for tank car 

maintenance and qualification also 

apply to part 179. This will help to 

address any confusion with defined 

terms in these related regulatory 

sections. 

In addition, PHMSA proposes to 

amend the following definitions: 

• Approved: In paragraph (a)(2), 

PHMSA proposes to remove the 

reference to the AAR Tank Car 

Committee and replace it with a 

reference to DCE approval. See ‘‘Section 

II.B.2. Tank Car Design Approval’’ for 

additional details. 

• Tank car facility: PHMSA proposes 

to amend this definition to express the 

original intent that only facilities that 

qualify tank cars for transportation meet 

the definition. See ‘‘Section II.B.4. Tank 

Car Facility Definition’’ for additional 

details. 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85631 

PHMSA proposes to add the following 

definitions: 

• Component: PHMSA proposes to 

add this definition in paragraph (a)(4) to 

mean ‘‘service equipment, safety 

systems, linings or coatings, other 

elements specifically required by this 

part and any elements used to achieve 

a performance standard in this part.’’ 

This new definition is intended to align 

with commonly understood industry 

usage and will increase clarity in the 

HMR. 

• Tank car: This new definition is 

proposed for the purposes of 

construction, maintenance, and 

qualification in parts 179 and 180. As 

proposed, tank car means ‘‘a tank car 

tank and all of its components.’’ This 

definition aligns with commonly 

understood industry usage and will 

increase clarity in the HMR. To ensure 

paragraph (a) remains alphabetical, this 

new definition is proposed to replace 

the currently reserved paragraph (a)(9). 

Section 179.3 

Section 179.3 currently prescribes 

requirements to submit tank car designs 

to AAR for approval. PHMSA proposes 

to rename and extensively revise this 

section to remove the requirement for 

AAR approval and replace it with a 

requirement for design approval by a 

registered tank car DCE. See ‘‘Section 

II.B.2. Tank Car Design Approval’’ for 

additional details. PHMSA proposes 

that one Design Approval Certificate 

issued for the tank car or service 

equipment will cover all tank cars or 

service equipment built to an approved 

design, material and construction, or 

modification, provided the tank cars or 

service equipment are identical. When 

ownership of a tank car is transferred, 

the new owner must obtain the Design 

Approval Certificate from the previous 

owner or Design Certifying Engineer for 

the tank car to remain in service. 

Builders and shippers may apply for 

special permits for unapproved tanks 

and equipment, in accordance with the 

special permit procedural requirements 

in §§ 107.101–107.127. 

Section 179.4 

Section 179.4 currently prescribes 

requirements for proposing a new tank 

car specification to AAR. PHMSA 

proposes to revise this section. The role 

of the AAR TCC in the review of new 

tank car specifications is proposed to be 

replaced with review by a registered 

tank car DCE. Proposals for new tank car 

specifications must first be submitted 

for review by a DCE. If the DCE 

determines the new specification design 

is suitable, then the designer of the new 

specification design must then apply to 

PHMSA for a DOT–SP to construct and 

use the tank cars or submit a petition for 

rulemaking to add the new specification 

to the HMR. See ‘‘Section II.B.2. Tank 

Car Design Approval’’ for additional 

details. 

Section 179.5 

Section 179.5 currently prescribes 

requirements for the tank car Certificate 

of Construction. PHMSA proposes to 

change the name of the section from 

‘‘Certificate of construction’’ to ‘‘Design 

Approval Certificate’’ and extensively 

revise this section to reflect the new 

DAC requirements. PHMSA proposes 

that the new DAC requirements 

generally mirror the information and 

drawings currently required to be 

submitted to AAR on AAR Forms 4–2 or 

4–5, for tank car tanks and service 

equipment, respectively. PHMSA 

proposes that the DCE must ensure all 

required information is present on the 

DAC, review the materials, certify 

compliance with the HMR by signing 

the certification statement, and submit 

the DAC to the tank car owner. 

While generally mirroring the 

information required on the AAR Form 

4–2 or 4–5, PHMSA proposes that 

instead of requiring the initial 

commodity (as currently required on 

AAR Form 4–2 or 4–5), the DAC must 

list all of the materials intended for 

transportation in the tank car and 

service equipment. This commodity 

information is critical to determining 

appropriate materials of construction 

and fitting arrangements for the tank car 

design, among other design 

considerations. If a tank car user decides 

to use the tank car or service equipment 

to transport a commodity not listed on 

the DAC, PHMSA proposes that the DCE 

must modify the DAC to approve the 

transportation of the new material 

before the tank car or service equipment 

may be used for the new commodity. As 

proposed, the DCE must evaluate the 

design of the tank car and service 

equipment, including but not limited to 

material compatibility, design pressure, 

operating temperature, and service life 

when determining whether the tank car 

or service equipment is appropriate for 

the new commodity. 

See ‘‘Section II.B.2. Tank Car Design 

Approval’’ for additional details on 

these proposed changes. 

Section 179.6 

Section 179.6 prescribes requirements 

for tank car repairs and alterations. 

PHMSA proposes a minor revision to 

this section. PHMSA proposes to no 

longer require compliance with those 

sections of AAR Specifications for Tank 

Cars Appendix R that require AAR 

approval for tank car repairs. Rather, 

PHMSA proposes that for all tank car 

repairs not specifically described in 

Appendix R, DCE approval is required. 

Section 179.7 

Section 179.7 prescribes requirements 

for a tank car facility QAP. PHMSA 

proposes to no longer require tank car 

facilities to seek AAR approval for 

QAPs. PHMSA proposes that each tank 

car facility must register with PHMSA 

under proposed part 107 subpart J and 

certify that it maintains QAP that meets 

the requirements of parts 107 and 179. 

PHMSA proposes several additional 

revisions to the QAP requirements: 

• Remove reference to ‘‘repair’’ in 

paragraphs (a)(2), (b)(3), (b)(5), and (f) 

because ‘‘repair’’ is already 

encompassed in the § 180.503 definition 

of maintenance. 

• Remove ‘‘program’’ in paragraph 

(a)(2), to clarify that the QAP must 

identify non-conformities in the tank car 

during manufacture, inspection, testing, 

qualification, and maintenance of the 

tank car. 

• Add the phrase ‘‘qualification and 

maintenance’’ in paragraph (b)(3) to 

align the scope of the QAP with 

qualification. 

• Revise paragraph (b)(4) to require 

that the tank car facility’s QAP covers 

all materials and components that are 

installed to create the tank car. The tank 

car facility that qualifies the car is 

responsible for all activities prior to 

qualification. 

• Add the word ‘‘applicable’’ to 

paragraph (b)(8) to indicate there are 

requirements in the AAR Specifications 

for Tank Cars that are no longer 

applicable to tank car facilities (e.g., 

approval requirements). 

• Remove ‘‘AAR’’ from paragraph (d) 

because PHMSA proposes to no longer 

require AAR approval. See ‘‘Section 

II.B.2. Tank Car Design Approval’’ for 

additional details. 

• Revise paragraph (f) to add a 

requirement that a tank car facility must 

maintain a valid tank car facility 

registration in accordance with part 107, 

subpart J. 

See ‘‘Section II.B.3. Tank Car Facility 

Quality Assurance Program’’ for further 

details on the proposed changes to QAP 

requirements. 

Section 179.10 

Section 179.10 discusses 

requirements for tank mounting. 

PHMSA proposes to require that tank 

mounting arrangements meet the 

requirements of AAR Specifications for 

Tank Cars Chapter 6 in currently 

reserved paragraph (b). This will 

address NTSB Recommendation R–12– 


lotter on DSK11XQN23PROD with PROPOSALS2
85632 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

52See NTSB Safety Recommendation R–19–001: 

https://www.ntsb.gov/safety/safety-recs/recletters/ 

R-19-001-005.pdf. 

007, which recommends that PHMSA 

address deficiencies in tank car center 

sill or draft attachment designs by 

adopting AAR’s revised attachment 

requirements. The 2014 edition of AAR 

Specifications for Tanks Cars proposed 

for incorporation contains the 

recommended revised center sill and 

draft attachment requirements, which 

addresses separate NTSB 

Recommendation R–12–009 issued to 

AAR. 

Section 179.11 

Section 179.11 prescribes the 

requirements for tank car welding 

procedures. Paragraph (a) currently 

requires that welding procedures, 

welders, and fabricators be approved by 

AAR. PHMSA proposes to revise 

paragraph (a) to require that welding 

procedures, welders, and fabricators 

must meet the requirements in AAR 

Specifications for Tank Cars Appendix 

W, except for compliance with 

paragraph 1.2. Appendix W, which is 

already incorporated by reference into 

the welding-specific sections in part 179 

(e.g., § 179.100–9). If this proposal were 

adopted in a final rule, compliance with 

paragraph 1.2 of Appendix W, which 

requires AAR certification for the 

facility at which the welding occurs, 

would no longer be required. Facilities 

that conduct fusion welding on tank 

cars that meet the definition of ‘‘tank car 

facility,’’ as proposed in this NPRM, 

must register with PHMSA. See 

‘‘Section II.B.4. Tank Car Facility 

Definition’’ and ‘‘Section II.B.5. Tank 

Car Facility and Design Certifying 

Engineer Registration’’ for further 

details. 

Section 179.24 

This section discusses requirements 

for permanent identification plates 

mounted on the inboard surfaces of the 

body bolsters of a tank car. PHMSA 

proposes to revise paragraph (a)(2), to 

remove reference to the AAR form. 

Additionally, PHMSA proposes to 

remove and reserve paragraph (a)(3)(i), 

which, requires stamping the AAR 

Number on the identification plates. 

PHMSA proposes these edits to conform 

to the proposal to replace AAR TCC 

approval with approval by a tank car 

DCE. Specifically, PHMSA proposes to 

remove reference to AAR Form 4–2 in 

paragraphs (a)(2), (a)(2)(i), (a)(2)(iv), 

(a)(2)(v), (a)(2)(viii), and (a)(3)(i), as 

PHMSA proposes to replace the AAR 

Form 4–2 requirement with a DAC. 

Additionally, PHMSA proposes to 

remove and reserve paragraph (a)(2)(iii) 

to remove the requirement to stamp the 

AAR approval number as this has no 

equivalent in the DAC. 

Sections 179.100–9, 179.100–10, 

179.100–18, 179.200–10, 179.200–11, 

179.200–22, 179.220–10, 179.220–11, 

179.300–9, 179.300–10, 179.400–11, 

179.400–12, 179.400–15, and 179.400– 

18 

These sections deal with welding 

requirements for tank cars and 

incorporate by reference the AAR 

Specifications for Tank Cars (M–1002) 

Appendix W. In each section, PHMSA 

proposes to add language indicating 

compliance with paragraph 1.2 of 

Appendix W is not required, because 

that paragraph of Appendix W requires 

AAR certification for the facility at 

which welding occurs. Facilities that 

conduct fusion welding on tank cars 

that meet the definition of ‘‘tank car 

facility,’’ as proposed in this NPRM, 

must register with PHMSA. Tank car 

facilities that qualify tank cars that have 

undergone welding at another location 

are responsible for ensuring that the 

welding operations are conducted in 

accordance with Appendix W. See 

‘‘Section II.B.4. Tank Car Facility 

Definition’’ and ‘‘Section II.B.5. Tank 

Car Facility and Design Certifying 

Engineer Registration’’ for further 

details. Additionally, in §§ 179.100–9, 

179.200–10, and 179.220–10, PHMSA 

proposes to remove the sentence 

requiring that welding procedures, 

welders, and fabricators be approved. 

Welding procedures, as well as welder 

and fabricator qualification must be 

addressed in a tank car facility’s quality 

assurance program. See ‘‘Section II.B.3. 

Tank Car Facility Quality Assurance 

Program’’ for additional details. 

Section 179.100–9 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.100–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.100–12 

Section 179.100–12 outlines the use 

of manway nozzles, covers, and 

protective housing on rail cars. 

Paragraph (c) details requirements for 

bolting the protecting housing to the 

manway cover. PHMSA proposes to 

revise § 179.100–12(c) to permit the use 

of an alternative means of connecting 

the manway protection housing to the 

tank car. See ‘‘Section II.F. P–1724’’ for 

further discussion on this proposed 

change. PHMSA also proposes a minor 

grammatical amendment to paragraph 

(c) to spell out ‘‘seventy percent’’ 

instead of a numerical value. 

Section 179.100–18 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.102–3 

Section 179.102–3 prescribes 

additional requirements for pressure 

tank cars containing poisonous-byinhalation material. PHMSA proposes to 

IBR the requirements of section 2.2.1.2 

of Chapter 2 of the AAR Specifications 

for Tank Cars, M–1002. Specifically, 

PHMSA proposes to require tank cars 

manufactured after the effective date of 

an eventual final rule that transport 

poisonous-by-inhalation hazardous 

material have tank car heads and shells 

that are Charpy impact tested in 

accordance with the requirements of 

section 2.2.1.2. 

Please note that the exception in AAR 

Specifications for Tank Cars Chapter 2 

section 2.2.1.2 exempts shell and head 

material intended for low temperature 

service that is subject to longitudinal 

Charpy impact testing at ¥50 °F from 

the transverse Charpy impact test. 

Therefore, steel used for the head and 

shell of hydrogen chloride tank cars is 

not subject to the transverse Charpy 

impact test proposed here but remains 

subject to the longitudinal Charpy 

impact testing at ¥50 °F in accordance 

with § 179.102–17. 

This proposed change responds to 

NTSB recommendation R–19–001,52

which recommended that PHMSA 

implement enhanced fracture toughness 

requirements for tank heads and shells 

for tank cars transporting poisonous-byinhalation material. Although not 

incorporated by reference in the HMR, 

tank car manufacturers have been 

subject to this test requirement since 

2005 through AAR interchange 

standards. Therefore, PHMSA expects 

that this proposed amendment will not 

place any additional burden on tank car 

manufacturers while improving safety 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85633 

53See Letter of Interpretation Reference No. 19– 

0076: https://www.phmsa.dot.gov/regulations/ 

title49/interp/19-0076. 

54See https://www.regulations.gov/document/ 

PHMSA-2021-0101-0001. 

55See DOT–SP 20908: https://

www.phmsa.dot.gov/approvals-and-permits/ 

hazmat/file-serve/offer/SP20908.pdf/offerserver/ 

SP20908. 

by increasing clarity on steel toughness 

requirements for PIH tank cars. 

Section 179.103–5 

Section 179.103–5 prescribes 

requirements for bottom outlets for 

DOT–114A tank cars. In accordance 

with the proposal to remove all 

reference to approval by the AAR, 

PHMSA proposes to remove the phrase 

‘‘approved by the AAR Committee on 

Tank Cars’’ in paragraph (b)(1) for 

permanent attachment of supplementary 

exterior fittings. As proposed, a DCE 

will fill the approval role previously 

delegated to AAR. See ‘‘Section II.B.2. 

Tank Car Design Authority’’ for 

additional details. 

Section 179.200–7 

This section specifies authorized 

materials of construction for nonpressure tank car tanks (Classes DOT– 

111AW, 115AW, and 117AW). 

Paragraph (b) specifies allowable steels 

for the carbon steel plate. Currently, 

ASTM A 537 steel is not authorized in 

paragraph (b).53 However, ASTM A 537 

steel has similar properties to ASTM A 

516 steel, which is currently authorized 

in paragraph (b). Furthermore, ASTM A 

537 steel is currently authorized in 

§ 179.100–7 for pressure tank cars. 

PHMSA has also received a petition 

requesting authorization to use ASTM A 

537 steel in construction of nonpressure tank cars (P–1760; Baier 

Rail).54 Lastly, PHMSA has issued DOT– 

SP 20908 to allow for the use of ASTM 

A 537 steel for non-pressure tank car 

tanks.55 Therefore, PHMSA proposes to 

add ASTM A 537 steel to the table in 

paragraph (b). Please note, DOT–SP 

20908 requires radiographic 

examination for 1 out of every 50 nozzle 

groove weld joints produced in 

accordance with the special permit. 

This condition is a requirement 

associated with the 7.5-inch nozzle 

extension authorized in the special 

permit; therefore, we do not propose to 

adopt this condition into the HMR for 

tank cars and appurtenances 

constructed solely from ASTM A 537 

steel. PHMSA seeks comment on this 

proposal. 

Section 179.200–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.200–11 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.200–17 

Section 179.200–17 prescribes 

requirements for bottom outlets for 

DOT–111 and DOT–117 non-pressure 

tank cars. In accordance with the intent 

to remove all references to approval by 

the AAR TCC, PHMSA proposes to 

remove the phrase ‘‘by the AAR 

Committee on Tank Cars.’’ A DCE will 

fill the approval role previously 

delegated to AAR. See ‘‘Section II.B.2. 

Tank Car Design Authority’’ for 

additional details. 

Section 179.200–22 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.220–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.220–11 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.220–15 

Section 179.220–15 details 

requirements for support systems for 

DOT–115 tank cars. PHMSA proposes to 

remove the phrase ‘‘of approved design’’ 

from paragraph (b) for cushioning 

devices. It is PHMSA and FRA’s 

understanding that AAR approvals are 

not currently issued for cushioning 

devices. Therefore, PHMSA proposes 

that a tank car manufacturer may certify 

the cushioning device tested to meet the 

performance standards of paragraph (b) 

without requiring approval from the 

DCE. Safety will be maintained by 

continuing to require that all systems 

used to meet the requirements of this 

section must be tested by the 

manufacturer to demonstrate their 

ability to limit body forces to 400,000 

pounds maximum at a ten miles per 

hour impact. PHMSA also proposes a 

minor editorial change to spell out ‘‘ten 

miles per hour’’ instead of the 

numerical value ‘‘10.’’ 

Section 179.220–18 

Section 179.220–18 prescribes 

requirements for bottom outlets for 

DOT–115 tank cars. In accordance with 

the proposed removal of all reference to 

approval by the AAR TCC, PHMSA 

proposes to remove the phrase ‘‘by the 

AAR Committee on Tank Cars.’’ A DCE 

will fill the approval role previously 

delegated to AAR. See ‘‘Section II.B.2. 

Tank Car Design Authority’’ for 

additional details. 

Section 179.300–9 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.300–10 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.400–5 

Section 179.400–5 prescribes 

requirements for weld-impact test 

results. PHMSA proposes an editorial 

correction to this section to insert the 

required language to make the IBR of 

Appendix W valid. It appears the 

omission of IBR language was an 

oversight, and PHMSA proposes to 

correct it. Additionally, PHMSA 

proposes to add language indicating that 

compliance with paragraph 1.2 of 

Appendix W is not required, because 

that section requires AAR approval. See 

‘‘Section II.B.6. AAR Specifications for 

Tank Cars Incorporation by Reference’’ 

for additional details. 


lotter on DSK11XQN23PROD with PROPOSALS2
85634 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

56 48 FR 27674 (Jun. 16, 1983). 

Section 179.400–6 

Section 179.400–6 prescribes bursting 

and buckling pressure requirements for 

the outer jacket of a cryogenic liquid 

tank car. PHMSA proposes to fix an 

editorial error and IBR Chapter Six of 

AAR Manual of Standards and 

Recommended Practices, Section C–II 

Specifications for Design, Fabrication 

and Construction of Freight Cars, rather 

than Chapter Six of AAR Manual of 

Standards and Recommended Practices, 

Section C–III, Specifications for Tank 

Cars, Specification M–1002. Section 6.2 

does not exist in C–III, while section 6.2 

is the relevant section in C–II; PHMSA 

has identified that this error dates back 

to the creation of § 179.400–6 in final 

rule HM–115.56 PHMSA expects that 

this editorial change will increase 

clarity without creating any additional 

burden on DOT–113 manufacturers. 

Section 179.400–11 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.400–12 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.400–13 

Section 179.400–13 details 

requirements for support systems for 

cryogenic liquid tank cars. PHMSA 

proposes to remove the phrase ‘‘of 

approved design’’ from paragraph (b) for 

cushioning devices. It is PHMSA and 

FRA’s understanding that approvals are 

not currently issued for cushioning 

devices. Therefore, PHMSA proposes a 

tank car manufacturer may certify the 

cushioning device tested to meet the 

performance standards of paragraph (b) 

without requiring approval from the 

DCE. Safety will be maintained by 

continuing to require that all systems 

used to meet the requirements of this 

section must be tested by the 

manufacturer to demonstrate their 

ability to limit body forces to 400,000 

pounds maximum at a ten miles per 

hour impact. In addition, PHMSA 

proposes a minor editorial amendment 

to spell out ‘‘ten miles per hour’’ as 

opposed to the numerical value. 

Section 179.400–15 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.400–18 

See ‘‘Section IV. Section-by-Section 

Review; Part 179; Sections 179.100–9, 

178.100–10, 179.100–18, 179.200–10, 

179.200–11, 179.200–22, 179.220–10, 

179.220–11, 179.300–9, 179.300–10, 

179.400–11, 179.400–12, 179.400–15, 

and 179.400–18’’ for details on the 

revisions proposed to this section. 

Section 179.400–19 

Section 179.400–19 prescribes 

requirements for valves of cryogenic 

liquid tank cars. PHMSA proposes to 

remove the separate approval 

requirement for valve packing in 

paragraph (a)(2). The DCE will evaluate 

valve packing material in the valve 

approval process. 

Section 179.500–17 

Section 179.500–17 prescribes 

marking requirements for DOT 107A 

seamless steel tank cars. PHMSA 

proposes to remove the reference to the 

AAR Bureau of Explosives as it is 

obsolete because they no longer perform 

this function. 

Section 179.500–18 

Section 179.500–18 discusses 

recordkeeping for DOT 107A seamless 

steel tank cars. PHMSA proposes several 

revisions to remove obsolete references 

to approvals issued by AAR’s Bureau of 

Explosives from paragraphs (a) and 

(b)(6) and update the section to 

reference the DCE in paragraph (c). The 

reference to AAR Bureau of Explosives 

is obsolete because they no longer 

perform this function, and PHMSA 

proposes to require DCE approval of 

tank car designs, rather than approval 

by AAR TCC. 

Appendix B to Part 179 

Appendix B to part 179 specifies 

procedures for conducting simulated 

pool and torch-fire testing of thermal 

protection systems, as required by 

§ 179.18(c). Review of test results 

submitted to the Department show there 

are some inconsistencies in the 

application of the test due to the lack of 

certain parameters for clarity in the 

procedures in Appendix B. PHMSA 

proposes the following revisions to 

ensure consistent and repeatable 

application of the tests, which will 

ultimately enhance safety. These 

proposed revisions received a consensus 

vote during the May 25, 2017, RSAC 

meeting and were offered to PHMSA 

and FRA for consideration. 

Paragraph 1: PHMSA proposes to add 

additional text to clarify that the sample 

of thermal resistance material used shall 

be identical (within measurement error) 

for each test performed under Appendix 

B in terms of thickness, and 

thermodynamic and physical properties. 

Paragraph 2(a)(1): PHMSA proposes 

to revise this paragraph to specify the 

location and frequency of measurements 

of flame temperature throughout the 

duration of the test, and that calibration 

tests must be performed with the steel 

plate in position. 

Paragraph 2(a)(2): PHMSA proposes 

an editorial change to add metric units 

to the plate dimensions, which is 

consistent with dimensions in this 

paragraph. 

Paragraph 2(b)(6): PHMSA proposes 

to revise this paragraph to add language 

indicating the consecutive tests must be 

conducted separately and at different 

times. 

Paragraph 3(a)(1): PHMSA proposes 

to revise this paragraph to indicate the 

location and frequency of measurements 

of flame temperature throughout the 

duration of the test, and that calibration 

tests must be performed with the steel 

plate in position. PHMSA proposes that 

the temperature and torch velocity must 

be measured at a distance of not more 

than 15 cm (6 in) from the test sample 

surface, along the axis of the fire. 

Paragraph 3(a)(2): PHMSA proposes 

an editorial change to add metric units 

to the plate dimensions, consistent with 

dimensions in this paragraph. 

Paragraph 3(b)(6): PHMSA proposes 

to revise this paragraph to add language 

indicating that the consecutive tests 

must be conducted separately and at 

different times. 

Part 180 

Section 180.3 

Section 180.3 details general 

requirements for the continuing 

qualification of packagings. Paragraph 

(b)(3) specifies that test dates displayed 

in association with certain markings 

may not be marked unless they are 

appropriate. PHMSA proposes to add 

DOT–SP markings to the list of 

markings in paragraph (b)(3). This 

proposal provides clarity, as these 

markings are currently authorized but 

not listed in this paragraph. 

PHMSA also proposes to add 

paragraphs (c) and (d) to specify 


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additional provisions that are not 

authorized under this section. Paragraph 

(c) indicates that a person may not mark 

that a package has passed a test or 

inspection if it has not actually passed 

that test or inspection. Paragraph (d) 

specifies that no person shall falsify a 

document or marking indicating that a 

packaging has passed a test or 

inspection. Both of these paragraphs 

provide additional clarity and ensure 

increased safety; they do not add any 

new restrictions, as these actions were 

not and are not authorized prior to 

publication of this rulemaking. 

Section 180.403 

This section provides definitions for 

the qualification and maintenance of 

cargo tanks. PHMSA proposes to revise 

the following § 180.403 definitions: 

• Repair: PHMSA proposes to utilize 

the existing definition of rebarrelling to 

better define the term repair. As defined 

in § 180.403, rebarrelling means 

‘‘replacing more than 50 percent of the 

combined shell and head material of a 

cargo tank.’’ Alternatively, in the event 

that less than 50 percent of the 

combined shell and head material is 

replaced, the process is considered a 

repair. Therefore, to remove any 

ambiguity, PHMSA proposes to revise 

repair to include that it means the 

replacement of 50 percent or less of the 

combined shell and head material of a 

cargo tank. Finally, PHMSA proposes a 

minor editorial revision to move the 

word ‘‘and’’ to connect the second and 

third exclusion clauses. This proposed 

edit corrects a minor drafting error. 

The following definitions are 

proposed to be added to § 180.403: 

• Certification Plate: As previously 

discussed, there has been considerable 

confusion regarding the use of ‘‘name 

plate’’ or ‘‘specification plate.’’ This 

uncertainty is amplified when 

considering the challenges associated 

with mounting a used ASME Code cargo 

tank to a new chassis. PHMSA is 

proposing the addition of definitions for 

‘‘Name Plate’’ and ‘‘Specification Plate’’ 

into § 178.320; however, these terms do 

not apply to a data plate attached to a 

cargo tank that is still in use but is no 

longer authorized for construction (as 

identified by § 180.405(c)). The correct 

term for a data plate attached to this 

type of tank is ‘‘certification plate.’’ 

Therefore, PHMSA proposes to define 

‘‘certification plate’’ to mean a data 

plate containing the applicable 

markings provided in the original 

specifications for cargo tanks no longer 

authorized for construction (as 

identified in § 180.405(c)), and 

permanently attached to the cargo tank 

or integral supporting structure by the 

manufacturer. The markings on this 

plate are certification by the 

manufacturer that the cargo tank or the 

cargo tank motor vehicle has been 

designed, constructed, and tested in 

accordance with the applicable 

specification. 

• Maintenance: PHMSA proposes to 

add this definition for ease of 

understanding and reading as the term 

‘‘maintenance’’ is used throughout part 

180, subpart E but it is not currently 

defined and PHMSA expects this 

proposed definition will increase clarity 

without reducing safety. PHMSA 

proposes that Maintenance means ‘‘the 

replacement of components that do not 

involve welding on a cargo tank wall, on 

specification cargo tanks or cargo tank 

motor vehicles.’’ This aligns with the 

current definition of repair and 

rebarelling as both of these functions 

involve welding, while as proposed, 

maintenance means replacement of 

components that does not involve 

welding. 

• Objectively reasonable and 

articulable belief: PHMSA proposes to 

add a definition for the phrase 

‘‘Objectively reasonable and articulable 

belief.’’ This means ‘‘a belief based on 

particularized and identifiable facts that 

provide an objective basis to believe or 

suspect that a cargo tank or series of 

cargo tanks may be in an unsafe 

operating condition.’’ This phrase will 

be added as a standard in 

§ 180.407(b)(5), as a condition that 

requires test and inspection of a cargo 

tank, replacing ‘‘probable cause.’’ This 

phrase and definition align with 

existing language for tank cars in part 

180 subpart F. The intent of this 

revision is to clarify the standard by 

which a FMCSA investigator or other 

representative of the Department may 

require a cargo tank to be inspected and 

tested prior to further transportation. 

• Set pressure: PHMSA and FMCSA 

identified potential confusion because 

the terms ‘‘set pressure’’ and ‘‘set to 

discharge pressure’’ are used in various 

places in the HMR without a 

corresponding definition in § 180.403. 

In order to increase regulatory clarity 

and avoid this confusion, PHMSA 

proposes to define set pressure to mean 

the pressure of the PRD or pressure 

relief system at which it starts to open, 

allowing discharge. This aligns with the 

definition of set pressure in § 178.345– 

10(d) of the HMR. 

Section 180.405 

This section details requirements for 

the qualification of cargo tanks. 

Paragraph (b) outlines authorized cargo 

tank specifications and provides 

requirements for how to recertify cargo 

tanks that are no longer authorized to be 

manufactured (e.g., MC 306, MC 307 or 

MC 312 specification cargo tanks). 

However, the HMR does not specify 

how to replace a specification plate 

when it is missing. PHMSA has received 

comments from industry and 

enforcement communities who have 

struggled in addressing this situation 

because of its absence from the HMR. 

Therefore, PHMSA proposes to provide 

standards for the replacement of DOT 

specification certification plates with 

requirements for different scenarios in 

new paragraph (b)(3), along with a 

documentation requirement to provide 

traceability. These proposed scenarios 

reduce regulatory uncertainty while 

ensuring that cargo tanks can safely 

transport hazardous materials. 

Paragraph (c)(2) details requirements 

for modification of PRDs and outlets. 

PHMSA proposes an editorial 

amendment to paragraph (c)(2) by 

specifying that the paragraph applies to 

‘‘cargo tank motor vehicles,’’ as opposed 

to just ‘‘cargo tanks’’ for regulatory 

consistency. Additionally, PHMSA 

proposes to remove paragraphs (c)(2)(i)– 

(vii) and instead in paragraph (c)(2), 

reference §§ 173.33(d) and 180.405(h), 

as these regulations are duplicative. By 

removing duplicative regulations, 

PHMSA eliminates any potential 

inconsistency between the same 

requirements. These proposed revisions 

are not intended to change the current 

regulatory requirements. 

PHMSA also proposes to add 

paragraph (c)(3) to specify that ‘‘a cargo 

tank motor vehicle manufactured and 

certified prior to the dates listed in table 

1 and table 2 of [§ 180.405] may be 

mounted on a different truck chassis 

provided the mounting and certification 

is done in accordance with this 

subchapter.’’ This new proposed 

paragraph provides regulatory clarity 

and allows for flexibility in mounting a 

cargo tank that is no longer authorized 

to be manufactured onto a new chassis, 

enhancing the safe transportation of 

hazardous materials in cargo tanks. 

Paragraph (h)(3) specifies 

requirements for modifying reclosing 

PRDs to more current cargo tank 

specifications. PHMSA proposes to 

amend this paragraph editorially by 

adding a reference to § 173.33(d) and 

indicating that this requirement applies 

to a ‘‘cargo tank motor vehicle,’’ instead 

of just a ‘‘cargo tank.’’ 

Paragraph (j) indicates requirements 

for withdrawal of a specification cargo 

tank certification. PHMSA proposes to 

revise this paragraph to indicate when 

the specification plate is removed, 

obliterated, or securely covered, it must 

withstand conditions normally incident 


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to transportation. FMCSA has 

encountered cargo tank motor vehicles 

where adhesive tape or other nondurable method has been used to cover 

the specification plate but the covering 

has worn off or been removed; thus, the 

cargo tank may indicate that it meets a 

specification when it is no longer in 

compliance. This proposal is intended 

for clarification purposes and thus, will 

enhance safety, as the specification 

plate should not currently be displayed 

if the cargo tank does not meet the 

appropriate specification referenced. 

PHMSA also proposes minimal editorial 

amendments to this paragraph to align 

with the rest of the HMR. Specifically, 

PHMSA proposes to replace ‘‘cargo 

tank’’ with ‘‘cargo tank motor vehicle,’’ 

‘‘certificate’’ with ‘‘Certificate of 

Compliance,’’ and re-order the 

references to §§ 180.407 and 180.413 so 

that § 180.407 appears first. 

Lastly, PHMSA proposes to add 

paragraph (p) to specify that at the next 

external visual inspection after the 

effective date of this final rule, 

Registered Inspectors must inspect the 

mechanical means of remote closure to 

ensure that access or means of manual 

operation is unobstructed from 

operation. This proposal mirrors the 

language proposed in §§ 178.337–8, 

178.338–11, and 178.345–11. FMCSA 

has encountered cargo tank motor 

vehicles where the mechanical means of 

remote shut off device has been 

obstructed by various appurtenances 

and equipment that were added after the 

date of manufacture. As obstructions to 

the manual remote emergency shut off 

device may result in an incident, 

PHMSA proposes to add this paragraph 

in order to address this safety concern. 

Section 180.407 

This section contains requirements for 

properly conducting tests and 

inspections on cargo tank motor 

vehicles. Since 2003 (when PHMSA last 

published a cargo tank-specific 

rulemaking) PHMSA has issued more 

than 50 letters of interpretation related 

to § 180.407. In addition, FMCSA issued 

over 550 violations related to this 

section in 2019 alone. In listening 

sessions, enforcement actions, and 

questions raised during FMCSA/NTTC 

Cargo Tank Workshops, the cargo tank 

regulated community has expressed 

concerns regarding the implementation 

of this section. PHMSA and FMCSA 

acknowledge that the requirements of 

§ 180.407, as currently written, generate 

confusion and create compliance issues 

in the cargo tank regulated community. 

To address this confusion and increase 

understanding of, and compliance with, 

cargo tank testing and inspection 

requirements, PHMSA proposes to 

amend certain paragraphs, as described 

below. Ultimately, PHMSA expects that 

by reducing confusion and providing 

increased clarity, these proposed 

amendments will increase safety. Please 

note that paragraphs not discussed 

below but contained in the proposed 

regulatory text, do not contain proposed 

changes, but rather are included in the 

proposed regulatory text for the 

convenience of the Federal Register. 

Paragraph (a)(1) 

This paragraph currently specifies a 

cargo tank constructed in accordance 

with a DOT specification, for which a 

test or inspection has become due, may 

not be filled and offered for 

transportation or transported until the 

test or inspection has been successfully 

completed. PHMSA proposes several 

revisions to provide more regulatory 

clarity, which ensures further 

compliance with the HMR. 

PHMSA proposes to specify this 

paragraph applies to a ‘‘cargo tank 

motor vehicle’’ instead of a ‘‘cargo tank’’ 

as this is more technically correct and 

aligns with other proposals. 

PHMSA also proposes to indicate this 

paragraph also applies to cargo tank 

motor vehicles that may not be a DOT 

specification but may be otherwise 

subject to this section. This increases 

safety by ensuring that a cargo tank 

transporting hazardous materials is not 

filled and offered if the part 180 subpart 

E test or inspection date has passed, 

regardless if it is a specification cargo 

tank. For example, § 180.407(h) details 

requirements for certain nonspecification cargo tank leakage test 

requirements. This proposal ensures 

these non-specification cargo tank motor 

vehicles may not be filled and offered 

for transportation if the leakage test date 

has passed and the cargo tank motor 

vehicle has not been retested. 

Lastly, PHMSA proposes to indicate 

more clearly that a cargo tank motor 

vehicle filled prior to the test or 

inspection due date may still be offered 

for transportation or transported after 

the test or inspection due date has 

passed, as also indicated in 

§ 173.33(a)(3). This is currently 

authorized in the HMR and this 

proposal reinforces that allowance. 

Furthermore, while § 173.33(a)(3) refers 

to § 180.407(a)(1), there is no reciprocal 

reference to § 177.33(a)(3) in 

§ 180.407(a)(1). Therefore, PHMSA 

proposes to reinforce the allowance for 

a cargo tank to be offered for 

transportation after the inspection or 

test date has passed, as long as the cargo 

tank was filled prior to the inspection or 

test expiration, and add a reference to 

§ 173.33(a)(3) to complete the crossreference. As this is currently 

authorized, this proposed revision 

provides clarity without reducing safety. 

Paragraph (a)(2) 

This paragraph specifies that, except 

during a pressure test, a cargo tank may 

not be subjected to a pressure greater 

than its design pressure or MAWP. 

PHMSA proposes an editorial 

amendment to specify that the MAWP 

referenced in this requirement is the one 

marked on the name plate or 

specification plate. These editorial 

revisions will enhance clarity, and 

PHMSA does not expect they will 

reduce safety. 

Paragraph (a)(5) 

This paragraph requires a cargo tank 

to be marked in accordance with 

§ 180.415 when it has passed a test or 

inspection. PHMSA proposes an 

editorial amendment to change ‘‘cargo 

tank’’ to the more appropriate ‘‘cargo 

tank motor vehicle.’’ 

Paragraph (a)(6) 

This paragraph contains requirements 

for a cargo tank that has failed a 

prescribed test or inspection. PHMSA 

proposes to specify that the paragraph 

applies to a ‘‘cargo tank motor vehicle’’ 

instead of a ‘‘cargo tank’’ as an editorial 

amendment. 

While paragraph (a)(6) only applies to 

a cargo tank that has failed a prescribed 

test or inspection, there is a potential 

regulatory gap for a cargo tank that was 

improperly tested. It is possible that an 

improperly tested cargo tank motor 

vehicle may have failed the prescribed 

test or inspection if it had been properly 

conducted. To address this safety gap, 

PHMSA proposes to require that 

paragraph (a)(6) also applies to a cargo 

tank motor vehicle that ‘‘has not been 

properly inspected.’’ Therefore, if it has 

been improperly inspected, the cargo 

tank motor vehicle can be retested or 

taken out of hazardous materials 

service. 

Paragraph (a)(6)(ii) 

This paragraph specifies when 

meeting the criteria in paragraph (a)(6) 

(e.g., a cargo tank has failed a prescribed 

test or inspection), a cargo tank must be 

removed from hazardous materials 

service and the specification plate must 

be removed or covered in a secure 

manner. PHMSA proposes to revise this 

paragraph to specify when the 

specification plate is covered, it must be 

covered in a manner that can, at a 

minimum, withstand conditions 

normally incident to transportation. As 

noted in ‘‘Section IV. Section-by-Section 


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Review; Part 180; Section 180.405,’’ 

FMCSA has encountered cargo tank 

motor vehicles where adhesive tape or 

another non-durable method was used 

to cover the specification plate, but the 

covering had worn off or been removed. 

Therefore, the specification plate 

indicates the cargo tank motor vehicle 

meets a specification when it is actually 

no longer in compliance. This proposal 

aims to reduce the likelihood of this 

occurring and increase safety. Note that 

this is a clarifying amendment and even 

though not in the regulations, it is 

currently good practice to cover the 

specification plate in such a way that 

ensures any covering can withstand 

conditions normally incident to 

transportation. 

Paragraph (a)(7) 

PHMSA proposes to add this 

paragraph to specify all equipment and 

instruments used in part 180 subpart E 

tests and inspections must be calibrated 

and maintained according to the 

manufacturer’s instructions. FMCSA has 

found numerous instances of poorly 

maintained or uncalibrated equipment 

being used to qualify cargo tank motor 

vehicles. This change aims to eliminate 

any errors in testing caused by poorly 

maintained equipment and ultimately, 

increase safety. Additionally, to ensure 

compliance with this requirement, 

PHMSA proposes to require the facility 

to maintain records of the calibration 

and to retain a copy of the two most 

recent calibrations, which must be made 

available to a representative of the 

Department upon request. 

Paragraph (a)(8) 

PHMSA proposes to add paragraph 

(a)(8) to allow for the use of video 

cameras or fiber optic equipment during 

any test or inspection, provided that all 

of the required areas and elements that 

need to be tested or inspected can be 

viewed and evaluated in accordance 

with part 180 subpart E. This provides 

flexibility in performance of tests and of 

inspections, while maintaining an 

equivalent level of safety. Records of the 

test and inspections must be recorded, 

as currently required in § 180.417, but 

there is no requirement to maintain the 

video camera recordings. 

Paragraph (a)(9) 

PHMSA proposes to add this 

paragraph to require the use of the 

hydrostatic test method for the pressure 

test whenever the test pressure exceeds 

50 psig, except for DOT Specification 

MC 338 cargo tank motor vehicles in 

cryogenic service. Essentially, this new 

paragraph restricts the use of pneumatic 

testing whenever the test pressure 

exceeds 50 psig. There is a significant 

reduction in the potential for serious 

injury or death when comparing the 

pneumatic test to the hydrostatic test at 

high pressures, due to the 

incompressible properties of water. 

Therefore, this proposal ensures that a 

hydrostatic test is used to test cargo 

tanks at high pressures to address the 

high potential safety concern from use 

of pneumatic testing. In addition, this 

new paragraph mirrors the limitation for 

testing of small gas cylinders 

pneumatically. 

PHMSA also proposes to specify that 

‘‘in all pressure and leakage tests, 

suitable safeguards must be provided to 

protect personnel should a system 

failure occur.’’ This proposed 

requirement aims to minimize the risks 

and reduce the impact of incidents, 

including the sudden release of 

compressed air or liquid, and flying 

debris, associated with performance of 

pressure tests. 

Paragraph (a)(10) 

PHMSA proposes to add this 

paragraph to require that the Registered 

Inspector must consult with the owner 

or motor carrier, as appropriate, to 

determine if materials corrosive or 

reactive to the cargo tank or components 

were transported in the cargo tank 

motor vehicle prior to or since the last 

test or inspection was performed. The 

Registered Inspector shall indicate this 

information on the § 180.415 report and 

use the information to determine the 

proper tests and inspections to be 

conducted on the cargo tank motor 

vehicle. Cargo tank motor vehicles that 

have transported material corrosive to 

the tank are subject to a thickness test, 

and more frequent internal visual 

inspections to ensure the lading has not 

reduced the thickness of the tank below 

the minimum required thickness. 

Registered Inspectors often comment to 

FMCSA that they have no way of 

determining what the cargo tank motor 

vehicle has transported since the last 

inspection, and therefore, this proposed 

requirement aims to remedy the 

concerns raised by Registered 

Inspectors. This also ensures the proper 

tests and inspections are conducted on 

the cargo tank motor vehicle based on 

the hazardous materials that were 

transported in the cargo tank, which 

increases the future safe transportation 

of the cargo tank motor vehicle. 

Paragraph (a)(11) 

This new proposed paragraph 

requires all sources of spark, flame, or 

glowing heat within the area of 

enclosure where the tests and 

inspections are conducted (including 

any heating system drawing air 

therefrom) are extinguished, made 

inoperable, or rendered explosion-proof 

by a suitable method prior to any tests 

or inspections subject to this subpart. 

PHMSA and FMCSA expect that this 

proposal will reduce the potential for 

any incidents involving spark, flame, or 

glowing heat. PHMSA and FMCSA 

expect that this new paragraph reduces 

the potential for any incidents involving 

sparks, flames, or glowing heat while 

conducting cargo tank tests and 

inspections and therefore, increases 

safety. 

Paragraph (b)(1) 

This paragraph details certain tank 

defects that require a cargo tank to be 

tested and inspected without regard to 

any other test or inspection 

requirements. PHMSA proposes to 

revise this paragraph by adding 

‘‘bulges’’ to the list of tank defects. If the 

cargo tank shows evidence of bulges, it 

demonstrates a potential failure in the 

structural integrity of the cargo tank. 

Therefore, to ensure continued safe 

transportation of hazardous materials in 

cargo tanks, PHMSA proposes to add 

this additional tank defect to the list 

that requires test and inspection. In 

addition, PHMSA proposes editorial 

amendments to this paragraph including 

adding a reference to the definition of 

minimum thickness in § 178.320, and 

other grammatical edits for increased 

readability. 

Paragraph (b)(3) 

This paragraph specifies a cargo tank 

that has been out of hazardous materials 

transportation service for a period of 

one year or more must be pressure 

tested in accordance with § 180.407(g), 

prior to returning to service. PHMSA 

proposes minor editorial edits to this 

paragraph, including specifying that this 

paragraph applies to a ‘‘cargo tank 

motor vehicle’’ instead of ‘‘cargo tank’’, 

specify ‘‘one year’’ as a numerical value 

for grammatical purposes, and that the 

pressure test is required prior to further 

use ‘‘in hazardous materials 

transportation.’’ These editorial 

amendments help to increase regulatory 

consistency and clarity, thus ensuring 

safe transportation. 

Paragraph (b)(5) 

This paragraph currently states that a 

specification cargo tank must be tested 

and inspected if the Department so 

requires based on the existence of 

probable cause that the cargo tank is in 

an unsafe operating condition. The term 

‘‘probable cause’’ normally refers to 

criminal matters and not necessarily an 

appropriate standard to apply to 


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scenarios requiring test and inspection 

of cargo tanks. Therefore, PHMSA 

proposes to replace ‘‘probable cause’’ 

with ‘‘objectively reasonable and 

articulable belief.’’ This standard is 

currently in use in part 180 subpart F 

for tank cars, and PHMSA believes it is 

also the proper standard for cargo tanks 

in part 180 subpart E. 

PHMSA takes the position that if an 

investigator inspects a cargo tank motor 

vehicle and determines it is in need of 

inspection or re-inspection because 

evidence has been discovered that the 

original tests were not performed in 

accordance with the regulations—or 

because of defects in the cargo tank 

motor vehicle itself—that these facts are 

sufficiently considered an ‘‘objectively 

reasonable and articulable belief.’’ 

Therefore, PHMSA proposes to revise 

this paragraph to replace ‘‘probable 

cause’’ with ‘‘objectively reasonable and 

articulable belief.’’ This amendment 

will provide clarity on when an 

investigator can require testing and 

inspection (or reinspection), thus 

ensuring cargo tanks are safe for 

transport. 

Paragraph (c) 

This paragraph specifies each 

specification cargo tank must be tested 

and inspected in accordance with the 

table listed under paragraph (c). PHMSA 

proposes the following editorial 

amendments for clarity: 

• Specify the most recent inspection 

is one ‘‘completed in accordance with 

the requirements in part 180;’’ 

• Spell out ‘‘cargo tank motor 

vehicle’’ instead of the abbreviation 

‘‘CTMV;’’ 

• Clarify that the inspector in 

question must be a Registered Inspector; 

and 

• Clarify that this paragraph should 

apply to a ‘‘cargo tank motor vehicle 

subject to this subpart’’ instead of a 

‘‘specification cargo tank.’’ 

These proposed amendments ensure 

regulatory consistency, thus enhancing 

safety. 

Paragraph (d)(1) 

This paragraph applies to the external 

visual inspection of cargo tank motor 

vehicles, and states that where 

insulation precludes a complete 

external visual inspection as required by 

§§ 180.407(d)(2) through (d)(6), the 

cargo tank must also be given an 

internal visual inspection in accordance 

with § 180.407(e). PHMSA proposes to 

add ‘‘coverings such as wrappings and 

coatings’’ as materials that can preclude 

a complete external visual inspection to 

paragraph (d)(1). This is consistent with 

Letters of Interpretation Reference Nos. 

14–0110, 15–0221, 15–0226, 16–0049, 

20–0013, and 20–0038 and this proposal 

will provide regulatory clarity without 

reducing safety. 

Paragraph (d)(2)(i) 

This paragraph specifies the tank 

shell and heads must be inspected 

during the external visual inspection. 

PHMSA proposes to require that 

‘‘during the inspection of the cargo tank 

shell and heads, all pad attachments on 

either the cargo tank shell or head shall 

be inspected for method of attachment 

or other conditions that may render the 

appurtenance as unsafe.’’ This proposed 

requirement ensures that the pad 

attachments are properly functioning, 

which increases the safe transportation 

of hazardous materials in cargo tanks. 

Additionally, PHMSA proposes to 

specify that the tank shell and heads 

must be ‘‘evaluated in accordance with 

§ 180.411.’’ This proposed editorial 

amendment provides additional 

regulatory clarity to cross-reference the 

current evaluation requirements and 

therefore, increase compliance. 

Paragraph (d)(2)(ii) 

Paragraph (d)(2)(ii) specifies external 

visual inspection requirements for 

piping, valves, and gaskets. PHMSA 

proposes to specify that this paragraph 

applies to the piping system, which 

includes flexible connectors in addition 

to the currently identified piping, valves 

and gaskets. This proposal provides 

regulatory clarity as it expands the 

specificity of what constitutes the 

piping system and therefore, increases 

regulatory compliance and thus, safety. 

Paragraph (d)(2)(iv) 

This paragraph specifies inspection 

requirements for emergency devices and 

valves during the external visual 

inspection. PHMSA proposes to indicate 

editorially that remote closure devices 

include ‘‘all emergency discharge 

control systems and delivery hoses 

required by § 173.315(n).’’ This proposal 

is intended to provide clarity compared 

to the existing regulatory language and 

is not intended to subject new devices 

and valves to this requirement. 

Therefore, this proposal provides 

additional regulatory clarity to 

ultimately increase regulatory 

compliance and safety. 

PHMSA also proposes instead of 

specifying all emergency devices and 

valves must be ‘‘free from’’ corrosion, 

distortion, erosion, and any external 

damage that will prevent safe operation, 

that they have to be ‘‘inspected for’’ this 

type of damage. This editorial proposal 

reinforces that in order to ensure the 

emergency discharge devices and valves 

do not have any corrosion, distortion, 

erosion, and/or any external damage 

that will prevent operation. The 

emergency discharge devices and valves 

must be inspected as part of the external 

visual inspection at the interval 

prescribed in § 180.407(c). While not 

currently specified in paragraph 

(d)(2)(iv), inspection of emergency 

discharge devices and valves is 

referenced in § 180.417. Therefore, to 

remove any potential confusion or 

regulatory inconsistency, PHMSA 

proposes to add inspection to paragraph 

(d)(2)(iv). Ultimately, PHMSA expects 

this clarity will increase safety of cargo 

tank motor vehicle hazardous materials 

transportation. 

PHMSA further proposes two 

editorial amendments to the currently 

effective requirement that ‘‘remote 

closure devices and self-closing stop 

valves be functioned to demonstrate 

proper operation.’’ Specifically, PHMSA 

proposes to revise the requirement from 

‘‘remote closure devices’’ to ‘‘all 

emergency closure devices’’ consistent 

with proper terminology throughout the 

rest of the paragraph. In addition, for 

grammatical correctness, PHMSA 

proposes to rewrite the requirement to 

indicate the equipment must be 

‘‘operated to demonstrate proper 

functioning’’ instead of ‘‘functioned to 

demonstrate proper operations.’’ 

Therefore, this sentence is proposed to 

read, ‘‘All emergency closure devices 

and self-closing stop valves must be 

operated to demonstrate proper 

functioning.’’ 

Lastly, this paragraph does not 

indicate a required distance for testing 

remote shutoff devices. PHMSA 

proposes to specify ‘‘the distance for 

testing non-mechanical remote shutoff 

devices must be in accordance with the 

original device manufacturer’s 

specification.’’ This ensures the nonmechanical remote shutoff device 

operates safely, as it was originally 

manufactured to function, and follows 

optimum testing parameters, which 

increases safety of cargo tank motor 

vehicles. 

Paragraph (d)(2)(viii) 

This paragraph requires all major 

appurtenances and structural 

attachments and those elements of the 

upper coupler assembly that can be 

inspected without dismantling the 

upper coupler, must be inspected for 

any corrosion or damage that may 

prevent safe operation during the 

external visual inspection. Section 

178.320 defines an appurtenance as any 

attachment to a cargo tank that has no 

lading retention or containment 

function and provides no structural 


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57See Letters of Interpretation Reference Nos. 02– 

0290 and 11–0059. See Letter of Interpretation 

Reference No. 02–0290: https://

www.phmsa.dot.gov/regulations/title49/interp/02- 

0290. See Letter of Interpretation Reference No. 11– 

0059: https://www.phmsa.dot.gov/regulations/ 

title49/interp/11-0059. 

support to the cargo tank. However, the 

HMR does not define ‘‘major 

appurtenances’’ and therefore, the 

‘‘major’’ qualifier is ambiguous. 

Therefore, to eliminate the ambiguity 

and for consistency with the definition 

of an appurtenance, PHMSA proposes 

to remove the term ‘‘major.’’ PHMSA 

expects this regulatory clarity will 

improve compliance and ultimately, 

safety. 

In addition, the issue of whether the 

king pin should be checked as part of 

the external visual inspection, and, if so, 

what criteria should be used, was raised 

at one of the previously referenced cargo 

tank technical information sessions. 

Participants at the session 

recommended that language be added to 

state clearly that the king pin is part of 

the upper coupler assembly. Therefore, 

as PHMSA expects this increases 

regulatory compliance and safety, 

PHMSA proposes to add a clarifier that 

the upper coupler includes the king pin, 

while subsequently removing the term 

‘‘fifth wheel.’’ 

Paragraphs (d)(2)(ix) and (g)(1)(iii) 

These paragraphs provide inspection 

requirements of areas covered by the 

upper coupler assembly. Paragraph 

(d)(2)(ix) requires this inspection occurs 

during the external visual inspection for 

cargo tanks carrying lading corrosive to 

the cargo tank and paragraph (g)(1)(iii) 

requires that this inspection occurs 

during the pressure test for cargo tanks 

that do not transport lading corrosive to 

the cargo tank. PHMSA proposes similar 

amendments in both paragraphs. 

First, PHMSA proposes editorial 

amendments by specifying these 

paragraphs apply to ‘‘cargo tank motor 

vehicles’’ as opposed to ‘‘cargo tanks,’’ 

consistent with other proposals. In 

addition, and consistent with proposed 

amendments in paragraph (d)(2)(viii), 

PHMSA proposes to remove the 

references to ‘‘fifth wheel,’’ as it is no 

longer necessary. See ‘‘Section IV. 

Section-by-Section Review; Part 180; 

Section 180.407; Paragraphs (d)(2)(viii)’’ 

for further discussion on this proposal. 

Additionally, in paragraph (d)(2)(ix), 

PHMSA proposes to revise ‘‘two-year 

period’’ as a numerical value for 

grammatical consistency. 

Furthermore, PHMSA proposes to 

specify the upper coupler assembly can 

be removed from the cargo tank for 

inspection under certain conditions. On 

some cargo tank motor vehicles, there is 

sufficient area above the upper coupler 

and below the bottom of the cargo tank 

to inspect the bottom of the cargo tank 

without removing the upper coupler. 

PHMSA proposes to allow for the 

inspection of the tank above the upper 

coupler where there is sufficient area 

above the upper coupler and below the 

bottom of the cargo tank to inspect the 

tank surface when conducting the 

inspection by directly viewing the cargo 

tank. The ability for direct viewing 

means the area can be inspected without 

the use of an aid, such as mirrors, 

cameras, or fiber optics. This proposal is 

consistent with letters of interpretation 

issued by PHMSA.57 Furthermore, this 

allowance means that the upper coupler 

can remain attached, which reduces the 

potential for improper reattachment, 

while maintaining the safety standard 

for inspection (complete visual 

inspection of the cargo tank shell). 

Finally, to reinforce current FMCSR 

requirements, PHMSA proposes to 

specify that when the upper coupler 

assembly is removed from the cargo 

tank motor vehicle, it must be 

reattached in accordance with the 

manufacturer’s instructions and 49 CFR 

393.70, the Federal Motor Carrier Safety 

Regulation section that covers couplers. 

This proposal reinforces current 

requirements to ensure the upper 

coupler assembly is replaced safely and 

correctly. 

Paragraph (d)(2)(ix) 

See ‘‘Section IV. Section-by-Section 

Review; Part 180; Section 180.407; 

Paragraphs (d)(2)(ix) and (g)(1)(iii)’’ for 

a discussion on the proposed changes in 

this paragraph. 

Paragraphs (d)(3), (d)(3)(i), and (d)(3)(ii) 

Paragraph (d)(3) specifies the 

inspection requirements for reclosing 

pressure relief valves. PHMSA proposes 

to split the current requirements into 

two new paragraphs to distinguish the 

requirements more clearly and increase 

compliance. Subsequently, PHMSA 

proposes to add introductory language 

to paragraph (d)(3) to specify the 

requirements of paragraph (d)(3)(i) and 

(ii) apply to reclosing pressure relief 

devices. Additionally, PHMSA proposes 

to amend all references in new 

paragraphs (d)(3)(i) and (ii) to ‘‘pressure 

relief valves’’ as ‘‘pressure relief 

devices’’ for consistency with the rest of 

the HMR. 

PHMSA proposes that paragraph 

(d)(3)(i) contains the first sentence of 

current paragraph (d)(3). Currently, this 

requires that all reclosing pressure relief 

valves be externally inspected for 

corrosion and damage, which might 

prevent safe operation. PHMSA 

proposes no other revisions than the 

editorial amendment described above. 

PHMSA proposes that new paragraph 

(d)(3)(ii) contains the last two sentences 

of current paragraph (d)(3). Currently, 

these last two sentences require that all 

reclosing pressure relief valves that 

carry lading corrosive to the cargo tank 

be removed for inspection and testing. 

Furthermore, the requirement to remove 

and test reclosing pressure relief valves 

must be done in accordance with 

§ 180.407(j). In addition to the editorial 

amendment described above, PHMSA 

proposes to consolidate these two 

sentences into one sentence as the 

introductory language in the second 

sentence is duplicative. This 

consolidation aims at reducing any 

ambiguity and streamlining the 

requirement to increase compliance. 

PHMSA proposes to specify the 

paragraph applies to ‘‘cargo tank motor 

vehicles’’ instead of just ‘‘cargo tanks,’’ 

consistent with other proposed 

amendments. Lastly, PHMSA proposes 

to qualify editorially that by ‘‘testing’’ 

the requirement is for ‘‘bench testing’’ to 

reduce any potential confusion. 

Paragraphs (d)(3) 

See ‘‘Section IV. Section-by-Section 

Review; Part 180; Section 180.407; 

Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’ 

for a discussion on the proposed 

changes in this paragraph. 

Paragraphs (d)(3)(i) 

See ‘‘Section IV. Section-by-Section 

Review; Part 180; Section 180.407; 

Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’ 

for a discussion on the proposed 

changes in this paragraph. 

Paragraphs (d)(3)(ii) 

See ‘‘Section IV. Section-by-Section 

Review; Part 180; Section 180.407; 

Paragraphs (d)(3), (d)(3)(i) and (d)(3)(ii)’’ 

for a discussion on the proposed 

changes in this paragraph. 

Paragraph (d)(4) 

This paragraph requires ring stiffeners 

or other appurtenances must be 

thickness tested at least once every two 

years. PHMSA proposes editorial 

revisions, including removing the term 

‘‘other’’ in reference to appurtenances, 

specifying the paragraph applies to 

‘‘cargo tank motor vehicles’’ instead of 

‘‘cargo tanks,’’ and minor grammatical 

revisions to align this paragraph with 

other proposals. 

Paragraph (d)(7) 

Paragraph (d)(7) requires that an 

inspector must record the results of an 

external visual examination. PHMSA 


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proposes to move the current 

requirements of paragraph (d)(7) to a 

new paragraph (d)(9). In its place, 

PHMSA proposes that paragraph (d)(7) 

requires external ring stiffeners to be 

inspected for corrosion, pitting, abraded 

areas, or damage, and repaired as 

appropriate during external visual 

inspection. Ring stiffeners are installed 

on cargo tank motor vehicles to provide 

structural support, however, the HMR 

do not currently require that they are 

inspected and repaired as appropriate. If 

the external ring stiffeners fail because 

they were not inspected and repaired 

appropriately, the cargo tank motor 

vehicles would be left vulnerable to an 

incident, therefore, PHMSA proposes 

this new requirement to eliminate a 

potential safety gap. 

Paragraph (d)(8) 

PHMSA proposes this new paragraph 

to require Registered Inspectors to 

inspect weld repairs for leakage and 

weld defects. Furthermore, PHMSA 

proposes that the Registered Inspector 

verify the weld repair was done in 

accordance with § 180.413. FMCSA 

determined an incident resulting in 

death and injuries occurred because the 

welded repairs were not conducted in 

accordance with the HMR and the repair 

facility did not hold the appropriate 

certificates. To avoid this type of 

incident in the future and ensure the 

continued safe transportation of 

hazardous materials in specification 

cargo tank motor vehicles, PHMSA 

proposes to add this verification 

requirement to reduce improper 

welding operations. 

Paragraph (d)(9) 

Based on proposed amendments in 

paragraphs (d)(7) and (8), PHMSA 

proposes to move the current 

requirements of paragraph (d)(7) to new 

paragraph (d)(9). As previously 

discussed, current paragraph (d)(7) 

requires that the inspector must record 

the results of the external visual 

examination as specified in 

§ 180.417(b). PHMSA does not propose 

any additional amendments to this 

paragraph. 

Paragraph (f) 

This paragraph provides requirements 

for lining inspections. The introductory 

sentence to this paragraph specifies the 

integrity of the lining on all lined cargo 

tanks must be verified at least once each 

year as outlined in paragraph (f). 

PHMSA identified that this paragraph 

may be interpreted as contradicting the 

periodic test and inspection table found 

under § 180.407(c), which specifies that 

all lined cargo tanks transporting lading 

corrosive to the tank, must undergo a 

lining inspection every year. To reduce 

this confusion, PHMSA proposes to 

revise this paragraph to specify only 

cargo tank motor vehicles that are 

required to be lined are required to 

undergo an annual lining inspection as 

specified in the rest of paragraph (f). 

Paragraph (f)(2) 

This paragraph states that linings not 

made of rubber must be tested using 

equipment and procedures prescribed 

by the lining manufacturer or lining 

installer. PHMSA proposes to revise 

paragraph (f)(2) to specify ‘‘[f]or linings 

made of materials other than rubber 

(elastomeric material), the owner of the 

cargo tank motor vehicle must obtain 

documentation from the lining 

manufacturer or installer that specifies 

the proper procedures for lining and 

inspection. This documentation must be 

provided to the Registered Inspector 

before inspection.’’ PHMSA expects this 

requirement will ensure the lining is 

being properly inspected. Currently, a 

cargo tank motor vehicle owner is 

responsible for information regarding 

the cargo tank motor vehicle, including 

information on the lining. Additionally, 

the cargo tank motor vehicle owner 

should have this information, because, 

in some cases, the cargo tank motor 

vehicle is lined upon purchasing, and 

thus, the information is provided during 

the course of ownership. However, 

because it is currently not specified in 

the HMR, manufacturers may not have 

this information readily available for 

Registered Inspectors during 

inspections. Therefore, this proposed 

requirement ensures the availability of 

this documentation to Registered 

Inspectors to make certain the lining is 

properly inspected, which increases 

safety. 

Paragraph (f)(3) 

Paragraph (f)(3) details requirements 

for degraded or defective areas of the 

cargo tank liner. As an editorial 

amendment, PHMSA proposes to revise 

‘‘liner’’ as ‘‘lining’’ as this is more 

appropriate terminology, consistent 

with the rest of § 180.407. 

Additionally, PHMSA proposes to 

add a sentence at the end of the 

paragraph to require that if ‘‘degraded or 

defective areas of the cargo tank lining 

are repaired or if the lining is replaced, 

it must comply with the lining 

manufacturer’s or installer’s procedures, 

subject to the lining requirements of the 

HMR.’’ This aligns with the proposed 

requirement in paragraph (f)(2) to 

require that the cargo tank motor vehicle 

owner provide a Registered Inspector 

with documentation from the lining 

owner for inspection and testing. See 

‘‘Section IV. Section-by-Section Review; 

Part 180; Section 180.407; Paragraph 

(f)(2).’’ If the lining is repaired or 

replaced without being in compliance 

with the lining manufacturer or 

installer’s procedures, it may affect the 

structural integrity of the cargo tank. 

Therefore, this proposed requirement is 

in the interest of safety and aligns with 

general industry practice. 

Paragraph (g)(1)(ii) 

This paragraph details pressure test 

procedures for self-closing pressure 

relief valves. PHMSA proposes editorial 

amendments to this paragraph. These 

amendments include updating 

terminology to align more appropriately 

with other references in the HMR, 

revising ‘‘pressure relief valves’’ to 

‘‘pressure relief devices,’’ and specifying 

the self-closing PRDs must be removed 

from the cargo tank motor vehicle 

(instead of cargo tank). 

Paragraph (g)(1)(iii) 

See ‘‘Section IV. Section-by-Section 

Review; Part 180; Section 180.407; 

Paragraph (d)(2)(ix) and (g)(1)(iii)’’ for a 

discussion on the proposed changes in 

this paragraph. 

Paragraph (g)(1)(viii) 

This paragraph details requirements 

for pressure testing of cargo tanks by the 

hydrostatic test method. PHMSA 

proposes editorial corrections to this 

paragraph. PHMSA believes that the 

terms ‘‘including its domes’’ and ‘‘to not 

less than the pressure’’ do not 

contribute to the clarity of the 

paragraph. Therefore, PHMSA proposes 

to remove the language from the 

paragraph to ensure increased clarity, 

compliance, and ultimately increase 

safety. Additionally, PHMSA proposes 

to spell out numerically ‘‘10 minutes’’ 

for grammatical accuracy consistent 

with other proposals. 

Paragraph (g)(3) 

This paragraph details requirements 

for the internal inspection by wet 

fluorescent magnetic particle method for 

MC 330 and MC 331 cargo tanks. 

PHMSA proposes to update the IBR of 

CGA Technical Bulletin TB–2 to CGA 

Technical Bulletin P–26 (formerly TB– 

2) in § 171.7. See ‘‘Section IV. Sectionby-Section Review; Part 171; Section 

171.7’’ for a discussion on the proposed 

change to this IBR. As this IBR is 

referenced in paragraph (g)(3), PHMSA 

proposes to update the reference to 

specify the new name of the CGA 

Technical Bulletin. 


lotter on DSK11XQN23PROD with PROPOSALS2
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58See the August 1, 2012, notice at: https://

www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/ 

Important%20Notice%20Regarding

%20Anhydrous%20Ammonia%20and%20

Liquefied%20Petroleum%20Gas%20Hoses_

508CLN.pdf. 

Paragraph (g)(6) 

Paragraph (g)(6) specifies the 

acceptance criteria that must be met 

before a cargo tank can be returned to 

service. PHMSA proposes to remove the 

terms ‘‘pneumatic inspection pressure’’ 

and ‘‘excessive permanent expansion.’’ 

The ‘‘pneumatic inspection pressure’’ 

term is outdated and ‘‘excessive 

permanent expansion’’ is duplicative 

because it is covered by the acceptance 

criteria of ‘‘shows distortion’’ in the 

paragraph. Lastly, PHMSA proposes to 

specify this paragraph applies to ‘‘cargo 

tank motor vehicles’’ as opposed to just 

‘‘cargo tanks.’’ These proposals increase 

regulatory clarity and therefore, increase 

the safe transportation of hazardous 

materials. 

Paragraph (h)(1) 

Paragraph (h)(1) specifies leakage test 

requirements. In paragraph (h)(1), 

PHMSA proposes to make several 

editorial amendments. PHMSA 

proposes to replace the requirement that 

the leakage test must include ‘‘testing 

product piping’’ to instead require that 

the leakage test include ‘‘all components 

of the cargo tank wall, and the piping 

system.’’ Furthermore, PHMSA 

proposes to revise ‘‘accessories’’ and 

‘‘venting devices’’ to read as ‘‘pressure 

relief devices.’’ Lastly, PHMSA proposes 

to spell out ‘‘percent’’ instead of using 

the percent sign (%). These changes are 

intended to align with more current 

terminology and not revise the intent of 

these requirements. Therefore, PHMSA 

expects this proposed change makes the 

regulations clearer, which ultimately 

increases safety. 

Paragraph (h)(1)(i) 

This paragraph provides an alternate 

leakage test pressure for a cargo tank 

with an MAWP of 690 kPA (100 psig) 

or more. PHMSA proposes a minor 

editorial revision specifying this 

paragraph applies to a ‘‘cargo tank 

motor vehicle’’ instead of a ‘‘cargo 

tank,’’ which aligns with other proposed 

changes. 

Paragraph (h)(1)(ii) 

Paragraph (h)(1)(ii) provides an 

alternate leakage test pressure for an MC 

330 or MC 331 cargo tank in dedicated 

liquefied petroleum gas service. 

Consistent with paragraph (h)(1)(iii), 

PHMSA proposes to include nonspecification cargo tank motor vehicle 

authorized under § 173.315(k) in this 

paragraph. In addition, PHMSA 

proposes an editorial amendment to 

correct the spelling of ‘‘liquified’’ to 

‘‘liquefied.’’ 

Paragraph (h)(1)(iii) 

This paragraph authorizes a leakage 

test pressure exception for an MC 330 or 

MC 331 cargo tank, and a nonspecification cargo tank authorized 

under § 173.315(k) equipped with a 

meter. PHMSA proposes a minor 

editorial revision consistent with other 

proposals to specify this paragraph 

applies to ‘‘cargo tank motor vehicles’’ 

instead of ‘‘cargo tanks.’’ 

Paragraph (h)(1)(iv) 

This paragraph provides an alternate 

leakage test pressure for an MC 330 or 

MC 331 cargo tank in dedicated service 

for anhydrous ammonia. PHMSA 

proposes minor editorial revisions to 

specify this paragraph applies to 

‘‘specification MC 330 or MC 331 cargo 

tank motor vehicles.’’ 

Paragraph (h)(2) 

Paragraph (h)(2) details leak test 

authorizations for cargo tanks used to 

transport petroleum distillate fuels that 

are equipped with vapor collection 

equipment. PHMSA proposes a minor 

editorial amendment to specify this 

paragraph applies to ‘‘cargo tank motor 

vehicles’’ instead of ‘‘cargo tanks’’ 

consistent with correct terminology and 

other proposals. 

Paragraph (h)(3) 

This paragraph requires that if a cargo 

tank fails to retain leakage test pressure, 

it may not be returned to service as a 

specification cargo tank, except under 

conditions specified in § 180.411(d). 

PHMSA proposes editorial amendments 

to indicate that this paragraph applies to 

‘‘cargo tank motor vehicles’’ instead of 

‘‘cargo tanks.’’ Furthermore, PHMSA 

proposes to include leaks as another 

reason why the cargo tank may not be 

returned to service. A cargo tank motor 

vehicle that is leaking would not pass a 

leakage test if one was conducted and 

thus, should be subject to this paragraph 

and subject to repair immediately. 

Therefore, a leakage test would not have 

to be performed on the leaking cargo 

tank motor vehicle before the cargo tank 

motor vehicle is subject to repair. The 

intent of this revision is to support the 

safe transportation of hazardous 

materials in cargo tank motor vehicles 

by allowing leaking tanks to be repaired 

more efficiently. Lastly, PHMSA 

proposes to remove the specific 

reference to § 180.411(d) as how a cargo 

tank motor vehicle is returned to 

service. Section 180.411(d) requires all 

sources of leakage must be repaired. 

Instead of requiring the reader to turn to 

another section with minimal 

instruction, PHMSA proposes to add 

plain language to indicate the cargo tank 

motor vehicle must be repaired as 

required by this subpart before returning 

to service. PHMSA expects that this 

provides regulatory clarity and 

therefore, aids in increased safety. 

Paragraph (h)(4) 

This paragraph specifies the 

inspection requirements for delivery 

hose assembly and piping systems of 

specification MC 330 and MC 331 cargo 

tank motor vehicles and nonspecification cargo tank motor vehicles 

authorized under § 173.315(k). PHMSA 

proposes editorial amendments in this 

paragraph. First, PHMSA proposes to 

remove the July 1, 2000, reference as 

this date has passed and is no longer 

needed. PHMSA also proposes to 

specify this paragraph applies to 

Registered Inspectors ‘‘conducting a 

leakage test’’ to reinforce the general 

applicability of paragraph (h). Lastly, 

PHMSA proposes to revise all references 

of ‘‘cargo tanks’’ to ‘‘cargo tank motor 

vehicles,’’ consistent with other 

proposals. These proposed editorial 

amendments help to increase regulatory 

clarity and ultimately, increase safety. 

On August 1, 2012, in response to 

various incidents and NTSB Safety 

Recommendations H–12–1 through H– 

12–6, FMCSA issued a notice 58

regarding hoses used for the transfer of 

Anhydrous Ammonia and Liquefied 

Petroleum Gas from cargo tank motor 

vehicles to storage tanks, and vice versa. 

This notice reinforced the potential 

hazards and importance of safety 

requirements for these hoses, which are 

subject to emergency discharge control 

requirements in § 173.315(n). Therefore, 

to reinforce the need to have these hoses 

tested and inspected, PHMSA proposes 

to specify the applicability of the 

requirements for delivery hose assembly 

and piping systems in this paragraph 

includes any delivery hose assembly 

used to meet § 173.315(n). PHMSA 

expects that codifying this information 

in the HMR will increase compliance 

and therefore, increase safety. 

PHMSA also proposes to add a 

sentence to indicate ‘‘the test pressure of 

the delivery hose assembly must be at 

least 80 percent of the MAWP of the 

cargo tank.’’ This provides regulatory 

clarity to increase safety and is not 

intended to revise current inspection 

requirements. 

Lastly, in review of this paragraph, 

PHMSA and FMCSA identified that the 

sentence ‘‘[d]elivery hose assemblies not 


lotter on DSK11XQN23PROD with PROPOSALS2
85642 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

permanently attached to the cargo tank 

motor vehicle may be inspected 

separately from the cargo tank motor 

vehicle’’ may potentially be confusing 

language. As currently required in 

§ 180.416(e), a delivery hose assembly 

that is not permanently attached to a 

cargo tank is required to be annually 

tested in accordance with 

§ 180.407(h)(4). However, because 

§ 180.407(h)(4) only uses the term 

‘‘inspection’’ without the term ‘‘testing,’’ 

there is potential ambiguity on how a 

person tests a delivery hose assembly 

that is not permanently attached to a 

cargo tank. To remove this ambiguity, 

PHMSA proposes to revise ‘‘separately 

from the cargo tank motor vehicle’’ to 

‘‘and tested while not attached to the 

cargo tank motor vehicle.’’ By reducing 

any potential ambiguity, PHMSA 

expects this will increase compliance 

and ultimately, safety. 

Paragraph (i)(4)(v) 

This paragraph requires thickness 

testing be performed on the areas 

around shell reinforcements. PHMSA 

proposes to add emphasis that the areas 

around shell reinforcements include the 

areas ‘‘around all ring stiffeners and the 

areas in the bottom half of the cargo 

tank.’’ PHMSA expects this proposed 

language will aid in regulatory 

understanding to ultimately increase 

safety, without altering the intent of this 

section. 

Paragraph (i)(6) 

Paragraph (i)(6)(ii) requires that the 

cargo tank motor vehicle nameplate 

must reflect revised service limits as one 

of the conditions to continue using a 

cargo tank that no longer conforms to 

the minimum thickness prescribed in 

the original design of a cargo tank motor 

vehicle. 

PHMSA proposes to clarify that the 

cargo tank DCE must supply the part 

178 supplemental Certificate of 

Compliance (currently required by 

§ 180.407(i)(6)(i)) that includes the 

revised minimum thickness to the cargo 

tank motor vehicle owner. This proposal 

establishes an additional record beyond 

the name plate or specification to assist 

with traceability of the cargo tank motor 

vehicle. In addition, this ensures these 

revised service limits can be identified 

if there is degradation of the name plate 

or specification, which will increase 

future safe transportation and 

maintenance of the cargo tank motor 

vehicle. Additionally, PHMSA is 

proposing an editorial revision to 

include marking the ‘‘certification 

plate’’ for older 300-series CTMVs. 

Section 180.409 

This section details minimum 

qualifications for inspectors and testers. 

Paragraph (a) includes introductory 

language for this section. PHMSA 

proposes minor editorial revisions to 

paragraph (a) for ease of reading. This 

includes removing ‘‘except as otherwise 

provided in this section’’ and replacing 

the § 180.407(e) reference with a general 

reference to this subpart. PHMSA 

expects that by increasing the 

readability, it increases compliance and 

therefore, safety. 

Additionally, PHMSA proposes to 

add paragraph (a)(4) to reinforce that a 

registered inspector must meet the 

training requirements of part 172 

subpart H. The second highest number 

of FMCSA enforcement violations each 

year occur from Registered Inspectors 

not having met the general hazmat 

employee training requirements. 

Therefore, in an effort to improve 

compliance and reinforce the current 

HMR requirements, PHMSA proposes to 

add paragraph (a)(4) to state that 

Registered Inspectors must meet the 

training requirements in part 172 

subpart H. 

Section 180.411 

Section 180.411 details the acceptable 

results of the test and inspections of 

cargo tank motor vehicles required by 

the HMR. Paragraph (b) provides 

introductory language and requires use 

of CGA C–6 for evaluation procedures of 

dents, cuts, digs, and gouges. Paragraph 

(b)(1) provides acceptable results for 

dents. In review of the HMR, PHMSA 

noted in addition to dents, cuts, digs, 

and gouges, CGA C–6 also includes 

evaluation procedures for bulges. 

Similar to dents, bulges are a feature of 

a cargo tank that should be evaluated to 

ensure the cargo tank motor vehicle 

operates properly. Therefore, to increase 

safety and align with CGA C–6, PHMSA 

proposes to add bulges in the list of 

defects in the introductory title to 

paragraph (b) and in paragraph (b)(1). 

Paragraph (g) specifies that any tank 

that fails to meet pressure test 

requirements must be properly repaired. 

As a minor editorial amendment, in the 

introductory text, PHMSA proposes to 

add the word ‘‘cargo’’ to clarify the 

testing is for the ‘‘cargo tank.’’ 

Lastly, PHMSA proposes to add 

paragraph (h) to specify when a cargo 

tank motor vehicle must be removed 

from service and how that removal must 

be communicated to the cargo tank 

motor vehicle owner. This proposed 

language specifies that if a Registered 

Inspector determines the cargo tank 

motor vehicle does not meet the 

applicable design specification, it may 

not be represented as a DOT 

specification cargo tank motor vehicle. 

Furthermore, the cargo tank motor 

vehicle must be removed from service 

until it is in compliance with the 

specification requirements and has been 

successfully tested and inspected as 

required by § 180.407(c). This aligns 

with current regulatory requirements, 

but provides additional clarity, 

specifically for scenarios where a nonconforming cargo tank motor vehicle 

may not be marked as a DOT 

specification cargo tank until it has been 

repaired and can pass the appropriate 

§ 180.407(c) test and inspections. 

Therefore, PHMSA expects this 

proposal to increase safety and ensure 

cargo tank motor vehicles are removed 

from hazardous materials service when 

they do not conform to the HMR. 

Section 180.413 

Section 180.413 specifies 

requirements for the repair, 

modification, stretching, rebarrelling, or 

mounting of specification cargo tanks. 

Paragraph (b)(6) requires that MC 330 

and MC 331 cargo tanks must be 

repaired in accordance with CGA 

Technical Bulletin TB–2 and the 

National Board Inspection Code. 

PHMSA proposes to update the IBR of 

CGA Technical Bulletin TB–2 to CGA 

Technical Bulletin P26 (formerly TB–2) 

in § 171.8. See ‘‘Section IV. Section-bySection Review; Part 171; Section 

171.7’’ for a discussion on the proposed 

change to this IBR. Therefore, PHMSA 

proposes to revise the name of the CGA 

Technical Bulletin in this paragraph. 

Section 180.415 

This section includes requirements 

for test and inspection markings for 

cargo tanks and cargo tank motor 

vehicles. Paragraph (b) details cargo 

tank marking requirements after 

completion of a test or inspection. 

PHMSA proposes to require that after a 

test or inspection, the cargo tank facility 

mark their cargo tank registration 

number on the cargo tank. As proposed, 

this marking must be placed 

immediately adjacent to other required 

markings and does not need to be 

replicated if the registration number is 

already marked on the cargo tank. 

FMCSA identified some cargo tanks that 

display current test or inspection 

markings but found safety concerns 

with the cargo tank. However, without 

the cargo tank registration number 

marked on the cargo tank, it is difficult 

to trace those safety concerns back to 

the testing and inspection facility who 

repaired, tested, or inspected the cargo 

tank. PHMSA and FMCSA expect that 


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having the cargo tank facility’s 

registration number marked on the cargo 

tank will also aid in correcting 

noncompliance and increase the safety 

of cargo tank motor vehicles being 

operated on the highway. 

Section 180.416 

This section specifies inspection and 

maintenance requirements of discharge 

systems for cargo tanks transporting 

liquefied compressed gases. Paragraph 

(a) details the applicability of § 180.416. 

PHMSA proposes to revise editorially 

‘‘nonspecification cargo tanks’’ to ‘‘nonspecification cargo tank motor 

vehicles,’’ which aligns with other 

references to these cargo tank motor 

vehicles in the HMR. 

Paragraph (b) details hose 

identification requirements. PHMSA 

proposes to remove the compliance date 

of July 1, 2000, as this date has passed, 

and all hoses are now subject to this 

requirement. This editorial revision 

helps to provide regulatory clarity and 

increase safety. 

Paragraph (c) states the operator of a 

cargo tank motor vehicle must visually 

check that portion of the hose assembly 

that has been deployed during 

unloading. PHMSA proposes to specify 

that the rejection criteria in § 180.416(g) 

should be used when an operator 

visually checks the portion of the 

delivery hose assembly that was 

deployed during the unloading process. 

While not currently specified in 

paragraph (c), the rejection criteria in 

§ 180.416(g) applies to hose assemblies; 

therefore, this proposal provides clarity 

and aids in additional regulatory 

compliance. Ultimately, PHMSA 

expects this proposal will increase 

safety. 

Paragraph (f) specifies requirements 

for new or repaired delivery hose 

assemblies and PHMSA proposes minor 

editorial amendments, with paragraph 

(f)(3) specifying record requirements 

following the test and inspection. 

PHMSA proposes to revise the 

introductory text of paragraph (f) to 

specify the requirements apply to a 

‘‘cargo tank motor vehicle’’ instead of a 

‘‘cargo tank.’’ PHMSA also proposes to 

remove the compliance date of July 1, 

2000, in paragraph (f)(3), as this date has 

passed. Both of these proposed editorial 

amendments align with other proposals 

and provide regulatory clarity, which is 

anticipated to increase safety. 

Section 180.501 

Section 180.501 contains the general 

requirements for continued use of tank 

cars. In this NPRM, PHMSA proposes to 

replace the phrase ‘‘owner’s 

qualification program’’ with ‘‘owner’s 

qualification and maintenance program’’ 

similar to other references to the 

owner’s qualification and maintenance 

program in §§ 179.7, 180.503, and 

180.513. The intent of this change is to 

maintain consistency and clarity within 

the HMR, and to ensure there is no 

confusion over the scope of part 180, 

subpart F, titled ‘‘Qualification and 

Maintenance of Tank Cars.’’ 

Section 180.503 

Section 180.503 contains definitions 

relevant to the qualification and 

maintenance of tank cars. PHMSA 

proposes to revise the definitions of 

coating/lining owner, service equipment 

owner and tank car owner, to convey 

more clearly and accurately the 

intended application of these 

definitions in part 180 subpart F. These 

definitions are revised as ‘‘the person 

responsible for the development or 

approval, and execution of the 

qualification and maintenance program’’ 

for the coating/lining, service 

equipment, or tank car owner, as 

appropriate. This change identifies the 

responsible parties more accurately 

throughout subpart F, particularly by 

removing confusion about financial 

responsibility that can arise with 

complex multi-dimensional business 

arrangements, agreements, contracts, 

and organization. This proposed change 

was approved by HMIWG during the 

January 10–11, 2017 meeting. The 

proposed language was approved by 

consensus vote at the May 25, 2017, 

RSAC meeting and offered to PHMSA 

and FRA for consideration. 

PHMSA also proposes to amend the 

following definitions: 

• Maintenance: PHMSA proposes to 

remove ‘‘upkeep, or preservation’’ from 

the definition of maintenance and 

replace it with ‘‘performance of 

functions.’’ PHMSA and FRA consider 

‘‘upkeep’’ and ‘‘preservation’’ too vague 

to be useful, especially for service 

equipment. Maintenance of service 

equipment that triggers qualification is 

an activity that meets the conditions 

requiring a leakage pressure test in 

accordance with § 180.509(j) (e.g., 

breaking the seal between the service 

equipment and the tank car tank). 

Actions on service equipment that don’t 

require the service equipment to be 

removed from the tank do not meet the 

definition of maintenance and don’t 

trigger qualification, unless the owner’s 

qualification and maintenance program 

specifically requires qualification after 

certain activities. See ‘‘Section II.B.4. 

Tank Car Facility Definition’’ for 

additional information. Lastly, PHMSA 

proposes to revise ‘‘proper’’ to 

‘‘appropriate’’ as an editorial 

amendment. 

• Modification: PHMSA proposes to 

replace ‘‘certificate of construction’’ 

with ‘‘design approval certificate’’ for 

tank cars constructed after the effective 

date of a final rule. Tank cars 

constructed under AAR-approved 

certificates of construction must receive 

DCE approval for any modification. See 

‘‘Section II.B.2. Tank Car Design 

Approval’’ for additional information. 

• Qualification: PHMSA proposes to 

replace the phrase ‘‘applicable 

requirements of the AAR Specifications 

for Tank Cars (IBR, see § 171.7 of this 

subchapter)’’ with ‘‘approved design.’’ 

This amendment conforms to PHMSA’s 

proposal to remove AAR approval 

requirements. 

• Service equipment: PHMSA 

proposes to revise this definition to 

align with the current industry standard 

and is intended to provide more clarity 

than the current definition. Service 

equipment is pressure or lading 

retaining equipment and therefore 

performs a critical safety function. See 

‘‘Section II.B.4. Tank Car Facility 

Definition’’ for additional information 

related to entities who operate and 

qualify service equipment. PHMSA and 

FRA emphasize that service equipment 

must continue to be included in the 

tank car owner’s qualification and 

maintenance plan. 

Section 180.509 

Section 180.509 details requirements 

for inspection and testing of 

specification tank cars. Paragraph (i)(1) 

requires inspections of tank car internal 

linings and coatings used to transport a 

material that is corrosive or reactive to 

the tank car. PHMSA proposes to revise 

paragraph (i)(1) to indicate more clearly 

that the inspection requirements only 

apply to those linings and coatings used 

to protect the tank from corrosion or 

reactivity. 

Paragraph (k)(2) contains qualification 

requirements for service equipment. 

PHMSA proposes to remove the phrase 

‘‘[e]ach tank car facility must qualify’’ 

from § 180.509(k) because PHMSA does 

not require tank car facilities to qualify 

service equipment. Additionally, 

PHMSA proposes to replace ‘‘qualified 

in accordance with’’ with ‘‘must 

conform to’’ as an amendment to better 

align the paragraph with the definition 

of ‘‘tank car facility’’ being proposed in 

this rulemaking. See ‘‘Section II.B.4. 

Tank Car Facility Definition’’ for 

additional information. 

Section 180.513 

This section includes requirements 

for repairs, alterations, conversions, and 


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59 58 FR 51735 (Oct. 4, 1993). 

60 88 FR 21879 (Apr. 11, 2023). 

61 64 FR 43255 (Aug. 10, 1999). 

62 74 FR 24693 (May 22, 2009). 

modifications of tank cars, with 

paragraph (b) specifying the 

responsibilities of a tank car facility. 

PHMSA proposes to revise paragraph (b) 

editorially to replace ‘‘Quality 

Assurance Program’’ with ‘‘qualification 

and maintenance program.’’ This 

proposal clarifies the tank car owner’s 

responsibility to provide tank car 

facilities with qualification and 

maintenance information. See ‘‘Section 

II.B.8. Editorial Revision to §§ 180.501 

and 180.513’’ for additional 

information. 

Section 180.517 

Section 180.517 contains reporting 

and record retention requirements for 

tank car qualification. PHMSA proposes 

to remove reference to the ‘‘certification 

of construction’’ and replace it with the 

proposed ‘‘Design Approval Certificate’’ 

for tank cars constructed after the 

effective date of a final rule. See 

‘‘Section IV. Section-by-Section Review; 

Part 179; Section 179.5’’ for more 

information. Tank cars constructed with 

AAR-approved certificates of 

construction will remain subject to the 

same recordkeeping requirements for 

the rest of their service lives. In 

paragraph (a), PHMSA also proposes to 

replace references to the builder of the 

car with references to the tank car 

facility, replace references to the 

certificate of construction with 

references to qualification reports, and 

add a reference to paragraph 

179.7(b)(12). The revisions to paragraph 

(a) are intended to accommodate the 

proposed replacement of AAR TCC 

approval with tank car DCE approval of 

tank car and service equipment designs. 

We propose to replace the phrase 

‘‘related papers’’ with ‘‘related 

qualification reports,’’ to clarify that we 

expect tank car owners to retain the 

reports issued by tank car facilities at 

the time of manufacture and 

maintenance qualification. 

Additionally, PHMSA proposes to add a 

requirement to record the tank car 

facilities’ registration number on the 

inspection and test report in new 

paragraph (b)(9). 

Appendix D to Part 180 

This appendix discusses materials 

considered corrosive to the tank or 

service equipment. PHMSA proposes to 

remove reference to the AAR TCC from 

the second paragraph, in conformance 

with the proposal to replace AAR TCC 

approval with tank car DCE approval. 

Therefore, PHMSA proposes to state 

that the list in Appendix D may be 

modified based on an analysis of the test 

results by the car owner or the 

Department of Transportation. 

V. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

This NPRM is published under the 

authority of Federal Hazardous 

Materials Transportation Act (HMTA; 

49 U.S.C. 5101–5127). Section 5103(b) 

of the HMTA authorizes the Secretary of 

Transportation to ‘‘prescribe regulations 

for the safe transportation, including 

security, of hazardous materials in 

intrastate, interstate, and foreign 

commerce.’’ The Secretary has delegated 

the authority granted in the HMTA to 

the PHMSA Administrator at 49 CFR 

1.97(b). 

B. Executive Order 12866, 14094, and 

DOT Regulatory Policies and Procedures 

Executive Order 12866 (‘‘Regulatory 

Planning and Review’’) 59 as amended 

by Executive Order 14094 

(‘‘Modernizing Regulatory Review’’),60

requires that agencies ‘‘should assess all 

costs and benefits of available regulatory 

alternatives, including the alternative of 

not regulating.’’ Agencies should 

consider quantifiable measures and 

qualitative measures of costs and 

benefits that are difficult to quantify. 

Further, Executive Order 12866 requires 

that ‘‘agencies should select those 

[regulatory] approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity), unless 

a statute requires another regulatory 

approach.’’ Similarly, DOT Order 

2100.6A (‘‘Rulemaking and Guidance 

Procedures’’) requires that regulations 

issued by PHMSA, and other DOT 

Operating Administrations should 

consider an assessment of the potential 

benefits, costs, and other important 

impacts of the proposed action and 

should quantify (to the extent 

practicable) the benefits, costs, and any 

significant distributional impacts, 

including any environmental impacts. 

Executive Order 12866 and DOT 

Order 2100.6A require that PHMSA 

submit ‘‘significant regulatory actions’’ 

to the Office of Management and Budget 

(OMB) for review. This rulemaking is 

not considered a significant regulatory 

action under section 3(f) of Executive 

Order 12866 (as amended) and, 

therefore, was not formally reviewed by 

OMB. A PRIA with estimates of the 

costs and benefits of the rulemaking is 

available in the docket. 

PHMSA solicits comment on this 

analysis. Overall, the issues discussed 

in this rulemaking promote the 

continued safe transportation of 

hazardous materials while producing a 

net cost savings. Cost savings are 

derived from certain modal specific 

provisions, including expanding 

allowance of UN ID number marking on 

cargo tank motor vehicles that transport 

different petroleum distillate fuels 

within the same day and reduction in 

the number of anticipated OTMAs for 

rail tank cars. 

Based on the discussions of benefits 

and costs provided above, PHMSA 

estimates annualized net benefits at a 

two percent discount rate of 

approximately $97.3 million per year. 

Details on the estimated costs, cost 

savings, and benefits of this rulemakings 

can be found in the PRIA, which is 

available in the public docket. 

C. Executive Order 13132 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria in Executive Order 13132 

(‘‘Federalism’’) 61 and the Presidential 

Memorandum (‘‘Preemption’’) that was 

published in the Federal Register on 

May 22, 2009.62 Executive Order 13132 

requires agencies to assure meaningful 

and timely input by state and local 

officials in the development of 

regulatory policies that may have 

‘‘substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ 

This rulemaking may preempt state, 

local, and Native American tribe 

requirements, but does not propose any 

regulation that has substantial direct 

effects on the states, the relationship 

between the national government and 

the states, or the distribution of power 

and responsibilities among the various 

levels of government. 

The Federal Hazmat Law contains an 

express preemption provision, 49 U.S.C. 

5125 (b), that preempts state, local, and 

tribal requirements on certain covered 

subjects, unless the non-federal 

requirements are ‘‘substantively the 

same’’ as the federal requirements, 

including: 

(1) Designation, description, and 

classification of hazardous materials; 

(2) Packing, repacking, handling, 

labeling, marking, and placarding of 

hazardous materials; 

(3) Preparation, execution, and use of 

shipping documents related to 

hazardous materials and requirements 

related to the number, contents, and 

placement of those documents; 


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63 65 FR 67249 (Nov. 6, 2000). 

64 67 FR 53461 (Aug. 16, 2002). 

65 DOT, ‘‘Rulemaking Requirements Related to 

Small Entities,’’ https://www.transportation.gov/ 

regulations/rulemaking-requirements-concerningsmall-entities (last visited Jun. 17, 2021). 

(4) Written notification, recording, 

and reporting of the unintentional 

release in transportation of hazardous 

material; and 

(5) Design, manufacture, fabrication, 

marking, maintenance, recondition, 

repair, or testing of a packaging or 

container represented, marked, certified, 

or sold as qualified for use in 

transporting hazardous material. 

This rule addresses subject items (3) 

and (5) above, which are covered 

subjects, and, therefore, non-federal 

requirements that fail to meet the 

‘‘substantively the same’’ standard are 

vulnerable to preemption under the 

Federal Hazmat Law. Moreover, PHMSA 

will continue to make preemption 

determinations applicable to specific 

non-federal requirements on a case-bycase basis, using the obstacle, dual 

compliance, and covered subjects tests 

provided in Federal Hazmat Law. 

This rule also incorporates certain 

FRA requirements under the former 

Federal Railroad Safety Act of 1970, as 

repealed, revised, reenacted, and 

recodified (FRSA; 49 U.S.C. 20106), and 

the former Safety Appliance Acts, as 

repealed, revised, reenacted, and 

recodified (SAA; 49 U.S.C. 20301– 

20302, 20306) that may potentially 

preempt certain state requirements. 

Such FRSA and SAA requirements 

would apply to transportation by rail. 

D. Executive Order 13175 

PHMSA analyzed this rulemaking in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’) 63

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Executive 

Order 13175 and DOT Order 5301.1 

requires DOT Operating 

Administrations to assure meaningful 

and timely input from Native American 

tribal government representatives in the 

development of rules that significantly 

or uniquely affect tribal communities by 

imposing ‘‘substantial direct compliance 

costs’’ or ‘‘substantial direct effects’’ on 

such communities or the relationship 

and distribution of power between the 

federal government and Native 

American tribes. Because this 

rulemaking does not have Native 

American tribal implications, and does 

not impose substantial direct 

compliance costs, the funding and 

consultation requirements of Executive 

Order 13175 do not apply. However, 

PHMSA solicits comments from Native 

American tribal governments and 

communities on potential impacts of 

this proposed rulemaking. 

E. Regulatory Flexibility Act and 

Executive Order 13272 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires agencies to 

consider whether a rulemaking would 

have a ‘‘significant economic impact on 

a substantial number of small entities’’ 

to include small businesses, not-forprofit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations under 50,000. The 

Regulatory Flexibility Act directs 

agencies to establish exceptions and 

differing compliance standards for small 

businesses, where possible to do so and 

still meet the objectives of applicable 

regulatory statutes. Executive Order 

13272 (‘‘Proper Consideration of Small 

Entities in Agency Rulemaking’’) 64

requires agencies to establish 

procedures and policies to promote 

compliance with the Regulatory 

Flexibility Act and to ‘‘thoroughly 

review draft rules to assess and take 

appropriate account of the potential 

impact’’ of the rules on small 

businesses, governmental jurisdictions, 

and small organizations. The DOT posts 

its implementing guidance on a 

dedicated web page.65

This rulemaking has been developed 

in accordance with Executive Order 

13272 and DOT’s procedures and 

policies to promote compliance with the 

Regulatory Flexibility Act to ensure that 

potential impacts of draft rules on small 

entities are properly considered. 

PHMSA has developed an initial 

regulatory flexibility analysis (IRFA), 

which is included in the docket. As 

detailed in the IRFA, the impact of this 

rulemaking on small business is not 

expected to be significant. The proposed 

changes are generally intended to 

provide regulatory flexibility and cost 

savings to industry members, while 

increasing safety. However, PHMSA 

solicits comment on the anticipated 

economic impacts to small entities and 

the IRFA. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.), no 

person is required to respond to any 

information collection unless it has 

been approved by OMB and displays a 

valid OMB control number. Pursuant to 

44 U.S.C 3506(c)(2)(B) and 5 CFR 

1320.8(d), PHMSA must provide 

interested members of the public and 

affected agencies an opportunity to 

comment on information collection and 

recordkeeping requests. 

PHMSA has analyzed this NPRM in 

accordance with the Paperwork 

Reduction Act. PHMSA proposes to 

revise the approved information 

collections under the following OMB 

Control Numbers: OMB Control No. 

2137–0014, ‘‘Cargo Tank Specification 

Requirements;’’ OMB Control No. 2137– 

0559, ‘‘Rail Carrier and Tank Car Tanks 

Requirements, Rail Tank Car Tanks— 

Transportation of Hazardous Materials 

by Rail;’’ and OMB Control No. 2137– 

0612 ‘‘Hazardous Materials Security 

Plans.’’ 

OMB Control No. 2137–0014, ‘‘Cargo 

Tank Specification Requirements’’ 

PHMSA estimates that this 

rulemaking will result in an increase in 

burden due to the proposed 

requirements in § 180.407(f)(2) for a 

cargo tank owner to provide paperwork 

to the Registered Inspector prior to 

lining inspection and § 180.415(b) for an 

inspector or tester to mark the cargo 

tank with their registration number. A 

total overview of the proposed changes 

in this OMB Control Number are 

detailed in the table below. 

For the proposed requirement in 

§ 180.407(f)(2) for a cargo tank owner to 

provide paperwork to the Registered 

Inspector for lining inspection, PHMSA 

estimates 1,333 cargo tank owners will 

provide paperwork for approximately 60 

cargo tanks per year. It is estimated to 

take five minutes per response, for a 

total of 6,665 annual burden hours. 

PHMSA does not estimate that there are 

any out-of-pocket expenses. 

The new proposed requirement in 

§ 180.415(b) for a cargo tank inspector to 

mark the cargo tank with their 

registration number is expected to 

increase information collection burden. 

PHMSA estimates 3,400 cargo tank 

inspectors will mark each cargo tank 

approximately 61 times per year. The 

marking is anticipated to take five 

minutes per inspection, resulting in a 

total of 17,283 annual burden hours. 

PHMSA does not estimate any out-ofpocket expenses. PHMSA notes that 

after the first year of this requirement, 

there will be a significant reduction in 

this burden as the registration number 

does not need to be remarked on the 

cargo tank if it is being tested and 

inspected at the same location. 

Therefore, PHMSA plans to update this 

burden one year after the effective date 

of this rulemaking. 

Lastly, PHMSA acknowledges that 

there are proposed amendments that 


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impact the burden but are not included 

in this estimate. PHMSA does not 

estimate a significant change in the 

current burden due to the proposed 

changes to cargo tank registration 

including requiring an email address on 

the registration statement, providing for 

online submission, and expanding the 

types of certificates that must be 

provided in an application. 

Additionally, PHMSA does not expect 

that there will be more than ten 

respondents who will submit a written 

response, request for reconsideration, or 

request appeal following the 

modification, suspension, or 

termination of their cargo tank 

registration. PHMSA and FMCSA also 

expect that there will not be more than 

ten respondents per year who will 

replace a missing specification plate and 

prepare and maintain paperwork, as 

proposed in new § 180.503(b)(3). 

Therefore, PHMSA is not including a 

new information collection for this 

requirement. 

Information collection details 

Increase in 

number of 

respondents 

Response per 

respondent 

Increase in 

number of 

responses 

Minutes per 

response 

Increase in 

annual burden 

hours 

Increase in 

annual burden 

costs 

Obtain and Provide Paperwork for Lining 

Inspection—§ 180.407(f)(2) .................. 1,333 60 79,980 5 6,665 $0 

Registration Number on Cargo Tank— 

§ 180.415(b) .......................................... 3,400 61 207,400 5 17,283 0 

Annual Increase in Number of 

Respondents: 4,733. 

Annual Increase in Number of 

Responses: 287,380. 

Annual Increase in Burden Hours: 

23,948. 

Annual Increase in Burden Costs: $0. 

OMB Control No. 2137–0559, ‘‘Rail 

Carrier and Tank Car Tanks 

Requirements, Rail Tank Car Tanks— 

Transportation of Hazardous Materials 

by Rail’’ 

PHMSA estimates that this 

rulemaking will result in an increase in 

burden due to various tank car proposed 

changes, including: new tank car facility 

and DCE registration, including 

reporting and recordkeeping 

requirements; development of 

procedures for closing and securing all 

openings on tank cars; record 

requirements for a tank car being held 

more than 48 hours; OTMA 

recordkeeping requirements; DCE 

written procedures to verify compliance 

of tank cars; and requirement for the 

DCE to provide a DAC to the tank car 

or service equipment owner. However, 

this rulemaking will also lead to a 

decrease in burden, particularly in the 

removal of AAR reporting to Bureau of 

Explosives under § 174.20 and 

reduction in the number of OTMA 

applications under § 174.50. A total 

overview of the proposed changes in 

this OMB Control Number are detailed 

in the below table. 

PHMSA estimates that 280 tank car 

facilities will register for the proposed 

new tank car facility registration 

requirements in § 107.905. Each 

registration is anticipated to take two 

hours, for a total of 560 annual burden 

hours. PHMSA does not estimate that 

there are any out-of-pocket expenses 

associated with this information 

collection. 

PHMSA estimates that 25 DCEs will 

register under the proposed new 

requirement in § 107.907 for DCE 

registration. Each registration is 

anticipated to take two hours to 

complete, for a total of 50 annual 

burden hours. PHMSA does not 

estimate any out-of-pocket expenses 

associated with this information 

collection. 

For both tank car facility and DCE 

registration, PHMSA does estimate that 

this number will significantly reduce 

after the first year of initial tank car 

facility and DCE registration. However, 

after the first initial registration period, 

PHMSA estimates there will be a burden 

associated with registration renewal and 

updating the requirements in 

§§ 107.909(c) and 107.909(d). As tank 

car facility and DCE registration are new 

requirements, PHMSA does not estimate 

the renewal and updating requirements 

in the first year. However, PHMSA 

plans to estimate that to renew or 

update a tank car facility or DCE 

registration, it will take approximately 

30 minutes to complete. One year after 

the effective date of this rulemaking, 

PHMSA will update the burden for 

initial registration and renewal and 

updating a registration. 

PHMSA also estimates an increase in 

burden based on tank car facility and 

DCE registration recordkeeping 

proposed requirements in § 107.909(e). 

PHMSA estimates that most of the 

requests for a registration copy will 

occur during FRA inspections, which 

occur approximately 45 times per year. 

It is anticipated that it will take five 

minutes to produce the paperwork, 

resulting in total of approximately four 

annual burdens hours. PHMSA does not 

estimate any out-of-pocket expenses. 

Additionally, PHMSA proposes 

requirements for the modification, 

suspension, and termination of tank 

cargo facility and DCE registrations, 

including provisions for registrants to 

submit a written response, request for 

reconsideration, and appeal of the 

decision. However, PHMSA has not 

estimated this burden, as PHMSA 

estimates that there will be less than ten 

registrants per year who may choose to 

respond, request reconsideration, or 

appeal their modification, suspension, 

and termination of their registration. 

PHMSA proposes to revise the 

approval process in § 173.31(a)(2) from 

AAR approval to DCE approval. 

Accordingly, PHMSA will revise the 

name of the information collection from 

‘‘AAR Approval Required when a Tank 

Car is Proposed for Commodity Service 

other than Specified on a Certificate of 

Construction’’ to ‘‘DCE Approval when 

a Tank Car Carries a Commodity other 

than Specified on a Certificate of 

Construction or DAC.’’ However, 

PHMSA does not expect a change in the 

burden associated with this collection 

because the required information for the 

change request does not change; only 

the approval entity is proposed to be 

changed. 

PHMSA proposes to revise 

§ 173.31(d)(1) to require written 

procedures for closure and securement 

of all openings on a tank car prior to 

shipment. PHMSA estimates that there 

are 4,619 tank car offerors who will be 

subject to this requirement. PHMSA 

estimates that 95 percent of these 

offerors already have some form of 

procedures and thus the burden to 

review and update these procedures is 

limited to 16 hours resulting in a total 

of 70,209 annual burden hours. The 

other five percent of offerors will need 

to create new procedures, which is 

estimated to take 40 hours to develop, 

resulting in a total of 9,238 annual 

burden hours. Therefore, PHMSA 

estimates that there will be an increase 

of 79,447 total burden hours for this 

new requirement. PHMSA does not 

estimate any out-of-pocket expenses. 

Following the initial year of this 


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rulemaking, PHMSA estimates that the 

burdens associated with developing 

these procedures will be significantly 

reduced, as only new tank car offerors 

will be subject to this requirement. 

Additionally, after the first year, 

PHMSA estimates that there will be a 

new burden for existing offerors to 

update their written procedures. 

PHMSA estimates that five percent of 

tank car offerors will take eight hours to 

update the procedures on an annual 

basis. PHMSA plans to add this burden 

after the rulemaking has been effective 

for one year. 

PHMSA proposes a new requirement 

in § 174.14(a) to create a record when a 

tank car is being held beyond 48 hours. 

PHMSA estimates that there are 100 

railroads who create this record 100 

times per year. Each record takes 

approximately five seconds, resulting in 

a total of 14 annual burden hours. 

PHMSA does not estimate any out-ofpocket expenses. 

PHMSA proposes to remove 

§ 174.20(b), which requires reporting to 

the AAR Bureau of Explosives regarding 

any restrictions over any portion of its 

lines. PHMSA currently accounts for 34 

offerors submitting 1.5 reports a year. 

Each report takes 20 minutes resulting 

in a reduction of 17 hours of annual 

burden. 

PHMSA proposes to revise § 174.50 

for OTMA requirements, including 

adding exceptions from needing an 

OTMA. Because of these reductions, 

PHMSA estimates a reduction of 

approximately three OTMA per year for 

each applicant for a total reduction of 

575 OTMAs per year. As each 

application takes approximately 24 

minutes to complete an OTMA, this 

revision results in an estimated 

reduction of 202 annual burden hours. 

PHMSA does not estimate any out-ofpocket expenses. 

In § 174.50(d), PHMSA proposes to 

specify recordkeeping requirements for 

OTMAs. PHMSA estimates that these 

recordkeeping requests, which will 

mostly be through enforcement requests, 

occur 56 times per year. It takes 

approximately five minutes to produce 

the OTMA documentation, for a total of 

five annual burden hours. PHMSA does 

not estimate any out-of-pocket expenses. 

PHMSA proposes a new requirement 

in § 179.3(b) for a DCE to develop 

written procedures to verify compliance 

with tank car design. PHMSA estimates 

that it takes eight hours for each of the 

25 DCEs to develop written procedures, 

resulting in a total of 200 annual burden 

hours. PHMSA does not estimate any 

out-of-pocket expenses. Furthermore, as 

this is a one-time requirement, PHMSA 

plans to reduce this information 

collection one year after the effective 

date of this rulemaking. 

Lastly, PHMSA proposes a 

recordkeeping requirement in 

§§ 179.3(d) and 179.5 that the DCE 

provide a copy of the DAC to the tank 

car or service equipment owner 

following approval. PHMSA estimates 

that the 25 DCEs will review and 

approve approximately 14 tank cars or 

service equipment designs per year, 

resulting in a total of 350 DACs 

produced. PHMSA estimates it will take 

10 hours to develop the DAC resulting 

in 3,500 annual burden hours. PHMSA 

estimates that there are no out-of-pocket 

expenses for development of the DAC. 

The following table outlines the total 

change in information collection 

burden: 

Information collection request 

Change in 

number of 

respondents 

Responses 

per 

respondent 

Change in 

number of 

responses 

Time per 

response 

Change in 

total 

burden 

hours 

Change in 

annual 

burden 

costs 

Tank Car Facility Registration—§ 107.905 .......................... 280 1 280 2 hours 560 $0 

DCE Registration—§ 107.907 .............................................. 25 1 25 2 hours 50 0 

Tank Car Facility & DCE Registration Record Retention— 

§ 107.909(e) ...................................................................... 45 1 45 5 minutes 4 0 

Tank Car Tank Car Facility & DCE Registration—Renew 

or Update Registration—§ 107.909(e) .............................. 0 0 0 30 minutes 0 0 

DCE Approval when a Tank Car Carries a Commodity 

other than Specified on a Certificate of Construction or 

DAC—§ 173.31(a)(2) ........................................................ 0 48 0 10 minutes 0 0 

Procedures for Closing and Securing All Openings on a 

Tank Car—§ 173.31(d)(1)—NEW ..................................... 4,619 1 4,619 16 hours 70,280 0 

Procedures for Closing and Securing All Openings on a 

Tank Car—§ 173.31(d)(1)—UPDATES ............................ 231 1 231 40 hours 9,240 ....................

Record Required for Car Being Held—§ 174.14(a) ............. 100 100 10,000 5 seconds 14 0 

Reporting to the Bureau of Explosives Regarding any Restrictions Over Any Portion of its Lines—§ 174.20(b) ...... ¥34 1.5 ¥51 20 minutes ¥17 0 

OTMA Application—§ 174.50(c) ........................................... ¥54 9 ¥575 24 minutes ¥202 0 

OTMA Documentation—§ 174.50(d) .................................... 56 1 56 5 minutes 5 0 

DCE Written Procedure to Verify Compliance—§ 179.3(b) 25 1 25 8 hours 200 0 

DCE Providing DAC Requirements—§§ 179.3(d), 179.5 .... 25 14 350 10 hours 3,500 0 

Annual Increase in Number of 

Respondents: 5,318. 

Annual Increase in Number of 

Responses: 15,005. 

Annual Increase in Burden Hours: 

83,634. 

Annual Increase in Burden Costs: $0. 

OMB Control No. 2137–0612, 

‘‘Hazardous Materials Security Plans’’ 

PHMSA estimates this rulemaking 

will result in a change in the current 

estimated burden based on the new 

exception from alternate route analysis. 

Specifically, PHMSA proposes to add 

§ 172.820(d)(3) to provide an exception 

where no alternate route exists. PHMSA 

estimates that approximately 10 percent 

of Class II and III railroad routes will no 

longer have to develop alternate route 

analysis. This leads to a reduction of 

1,400 total burden hours for both Class 

II and III railroads. However, 

§ 172.820(d)(3) requires that to take the 

alternate route analysis exception, the 

railroad must develop remediation or 

mitigation measures and certify that no 

alternative route exists. Therefore, 

PHMSA estimates that there will be 132 

railroads (32 Class II and 100 Class III 

railroads), with 47 routes where no 

alternate route exists. PHMSA estimates 

it will take 30 minutes to develop the 

written measures and certification and 

this new requirement will result in a 

total of 24 annual burden hours. 

Because there is no change in the 

number of Class II and III railroads who 

are subject to alternate route analysis 


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requirements, there is an increase in 

respondents and responses, but there is 

an overall decrease in burden hours and 

salary costs. The below table details the 

estimated change in burden associated 

with this new exception. PHMSA does 

not estimate any out-of-pocket expenses. 

Information collection details—alternate 

route analysis—§ 172.820(d) 

Change in 

number of 

railroads 

Change in 

number of 

routes per 

railroad 

Change in 

number of 

routes 

Burden hours 

per route 

Change in 

total burden 

hours 

Change in 

total burden 

cost 

Class II Railroads ..................................... 0 ¥0.3 ¥10 120 ¥1,200 $0 

Class III Railroads .................................... 0 ¥0.05 ¥5 40 ¥200 0 

Where No Practicable Route Exists ........ 132 0.35 47 0.5 24 0 

Annual Increase in Number of 

Respondents: 132. 

Annual Increase in Number of 

Responses: 32. 

Annual Decrease in Burden Hours: 

1,376. 

Annual Decrease in Burden Costs: $0. 

PHMSA requests comments on any 

information collection and 

recordkeeping burden associated with 

the proposed changes under this 

rulemaking. Address written comments 

to the DOT Dockets Operations Office as 

identified in the ADDRESSES section of 

this rulemaking. Comments regarding 

information collection burdens must be 

received prior to the close of the 

comment period identified in the DATES

section of this rulemaking. Requests for 

a copy of this information collection 

should be directed to Steven Andrews 

or Glenn Foster, 202–366–8553, 

OHMSPRA@dot.gov, Standards and 

Rulemaking Division (PHH–10), 

Pipeline and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. If these proposed requirements are 

adopted in a final rule, PHMSA will 

submit the revised information 

collection and recordkeeping 

requirements to OMB for approval. 

G. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA; 2 U.S.C. 1501 et seq.) 

requires agencies to assess the effects of 

federal regulatory action on state, local, 

or tribal governments, and the private 

sector. For any NPRM or final rule that 

includes a federal mandate that may 

result in the expenditure by state, local, 

and tribal governments, or by the 

private sector of $100 million or more 

in 1996 dollars in any given year, an 

agency must prepare, amongst other 

things, a written statement that 

qualitatively and quantitatively assesses 

the costs and benefits of the federal 

mandate. 

This proposed rulemaking does not 

impose unfunded mandates under 

URMA. As explained in the PRIA, it is 

not expected to result in costs of $100 

million or more in 1996 dollars on 

either state, local, or tribal governments, 

in the aggregate, or to the private sector 

in any one year, and is the least 

burdensome alternative that achieves 

the objective of the rule. 

H. Draft Environmental Assessment 

The National Environmental Policy 

Act of 1969 (NEPA; 42 U.S.C. 4321 et 

seq), requires that federal agencies 

analyze proposed actions to determine 

whether the action will have a 

significant impact on the human 

environment. When the effects of a 

proposed action are unknown, CEQ 

implementing regulations (40 CFR 

1500–1508) require federal agencies to 

conduct an environmental review and 

prepare an environmental assessment to 

consider (1) the need for the proposed 

action, (2) alternatives to the action, (3) 

probable environmental impacts of the 

action and alternatives, and (4) the 

agencies and persons consulted during 

the consideration process. DOT Order 

5610.1C (‘‘Procedures for Considering 

Environmental Impacts’’) establishes 

DOT procedures for evaluation of 

environmental impacts under NEPA and 

its implementing regulations. 

1. Need for the Action 

This NPRM would amend the HMR to 

revise provisions specific to the 

highway, rail, and vessel transportation 

of hazardous materials. This proposed 

action is necessary to increase 

regulatory clarity and consistency, 

update requirements to reflect changing 

conditions and trends, and improve the 

safe transportation of hazardous 

materials. 

2. Alternatives 

In proposing this rulemaking, PHMSA 

considered the following alternatives: 

No Action Alternative 

If PHMSA were to select the No 

Action Alternative, current regulations 

would remain in place and no new 

provisions would be amended or added. 

Proposed Action Alternative 

The proposed alternative for this 

NPRM includes adoption of RSAC 

proposals for rail transportation, 

revision to the approval process for tank 

car designs and QAPs, miscellaneous 

amendments to highway cargo tank 

specification and requalification 

requirements, and an amendment to 

cargo tank marking requirements for the 

transportation of petroleum distillate 

fuels that will be discussed in further 

detail below. 

This alternative is the current 

proposal as it appears in this NPRM, 

applying to the transportation of 

hazardous materials by highway, rail, 

and vessel. The proposed amendments 

included in this alternative are more 

fully described in the preamble and 

regulatory text sections of this NPRM. 

3. Reasonably Foreseeable 

Environmental Impacts of the 

Alternatives 

No Action Alternative 

The No Action Alternative would not 

adopt enhanced and clarified regulatory 

requirements expected to maintain or 

increase the high level of safety in 

transportation of hazardous materials 

provided by the HMR. For example, 

creation of reliable and repeatable 

closure instructions for tank cars in 

§ 173.31 is intended to decrease the 

number of leaking or improperly closed 

tank cars entering transportation, which 

will decrease the quantity of hazardous 

materials released into the environment. 

Not adopting the proposed 

environmental and safety requirements 

in the NPRM under the No Action 

Alternative would result in a lost 

opportunity for reducing safety-related 

incidents. 

If PHMSA were to select the No 

Action Alternative, the HMR would 

remain unchanged, and no new 

provisions would be amended or added. 

Additionally, any economic benefits 

and additional regulatory clarity gained 

through these amendments would not 

be realized. 

Proposed Alternative 

The changes under the Proposed 

Action Alternative will maintain or 

increase the high safety standards 


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currently achieved under the HMR. The 

following details significant proposed 

amendments and their impact: 

1. Adoption of Rail Safety Advisory 

Committee (RSAC) Proposals for Rail 

Transportation 

Adoption of RSAC proposals includes 

updating the IBR edition of the AAR 

Specifications for Tank Cars to the 2014 

edition from the 2000 edition; creating 

closure instruction requirements for 

tank car offerors; codifying longstanding FRA guidance on OTMAs; and 

revising tank car use requirements 

found in part 174 to reflect the current 

industry best practices in tank car 

loading and unloading. 

The RSAC proposals are designed to 

improve regulatory clarity, and therefore 

encourage compliance with the 

requirements of the HMR. Creation of 

closure instruction requirements for 

tanks cars will decrease the number of 

non-compliant tank cars offered for 

transportation and the number of nonaccidental releases of hazardous 

materials. Based on a review of nonaccident release data, PHMSA and FRA 

estimate that the implementation of the 

closure instruction requirement could 

reduce the number of non-accidental 

releases by 15 percent, primarily by 

reducing releases associated with 

improperly closed hinged-and-bolted 

manways. Codifying FRA’s One Time 

Movement Approval procedures in the 

HMR will have no impact on releases of 

hazardous materials to the environment, 

because these procedures are already in 

place as FRA policy. Revisions to part 

174, including clarification of the 

applicability of the term ‘‘residue’’ for 

tank cars in § 174.58, authorizing 

additional types of packages for COFC/ 

TOFC service without FRA approval in 

§ 174.63, and revising transloading 

requirements in § 174.67 are intended to 

remove unnecessarily prescriptive and 

outmoded requirements and replace 

them with performance based standards 

that maintain the current level of safety. 

PHMSA and FRA do not anticipate any 

increase in the release of hazardous 

materials or other negative 

environmental impacts from these 

changes. Increased compliance with the 

HMR’s requirements for hazardous 

materials containment in particular 

through proper closure instructions and 

transloading procedures, decreases the 

release of hazardous materials to the 

environment and improve the ability of 

emergency responders to appropriately 

respond to accidents and incidents 

involving hazardous materials in 

transportation. 

Greenhouse gas emissions would 

remain the same under this proposed 

amendment. 

Based on this analysis adopting RSAC 

proposals will have a positive impact on 

human health and the environment. 

2. Revision to the Approval Process for 

Tank Car Designs and Quality 

Assurance Programs (QAPs) 

PHMSA proposes changes to remove 

the role of the AAR TCC in tank car 

design approval, to be replaced with 

design review by a DCE. This process 

will mirror the current procedure for 

cargo tank motor vehicles. PHMSA 

additionally proposes to remove the role 

of the AAR TCC from the approval 

process of a tank car facility’s QAP, to 

be replaced with a registration 

requirement for tank car facilities and 

increased governmental oversight. 

Finally, PHMSA proposes to revise the 

definition of tank car facility to narrow 

the scope of the definition to only cover 

facilities that qualify tank cars for 

service. 

PHMSA and FRA anticipate that the 

proposal to replace the role of the AAR 

TCC with tank car DCEs, registered with 

PHMSA and subject to PHMSA and 

FRA oversight will ensure at least an 

equivalent level of safety oversight due 

to improved visibility into the design 

approval process. PHMSA and FRA 

have limited oversight and control over 

the current AAR TCC tank car design 

approval and QAP approval process. 

The procedures proposed for the design 

review in Part 179 are intended to create 

an accountable, auditable, criteria-based 

tank car design approval system. 

Similarly, the tank car facility 

registration program is designed to 

create increased visibility of tank car 

facilities with increased government 

oversight through the registration 

program, including possible suspension 

or termination of a registration. 

Therefore, there will be no change to the 

suitability of tank car designs, or to the 

construction, maintenance, and 

qualification of tank cars conducted by 

tank car facilities. 

PHMSA does not anticipate any 

impact to greenhouse gas emissions 

under this proposed amendment. 

3. Miscellaneous Amendments to 

Highway Cargo Tank Specification and 

Requalification Requirements 

PHMSA proposes to amend a variety 

of highway cargo tank specification and 

requalification requirements. While a 

majority of the intended provisions are 

for editorial and regulatory clarity, they 

also include the following substantive 

revisions: 

• Updating the IBR edition of CGA 

P–26 (formerly TB–2) to the 1997 

edition; 

• Allowing for the use of a Midland 

PRD for chlorine gases in cargo tanks 

and portable tanks; 

• Requiring post-weld heat treatment 

on newly manufactured nurse tanks; 

• Requiring combustible liquids and 

flammable liquids reclassified as 

combustible liquids to be bonded and 

grounded prior to and during transfer of 

lading; 

• Allowing the DOT Specification 

331 and 338 cargo tank motor vehicle 

specification plate to be applied to the 

vehicle instead of the rail chassis; 

• Ensuring the mechanical means of 

remote closure on a cargo tank motor 

vehicle is not obstructed; 

• Requiring that all equipment and 

instruments be calibrated; 

• Allowing the use of video camera or 

fiber optics equipment for any visual 

test or inspection; 

• Requiring inspection of all pad 

attachments; 

• Limiting the need to remove the 

upper coupler during inspection; and 

• Requiring the cargo tank facility 

registration number to be marked on the 

cargo tank following inspection. 

These highway amendments are 

designed to improve regulatory clarity, 

and therefore encourage compliance 

with the requirements of the HMR. The 

HMR’s cargo tank construction, 

maintenance, and qualification 

regulations have not kept up with 

technological changes, e.g., the 

availability of small, high quality video 

cameras capable of producing images of 

the interior of a cargo tank shell 

equivalent to human vision. Revising 

and updating these cargo tank 

requirements will improve construction, 

maintenance, and qualification practices 

for cargo tanks used to transport 

hazardous materials. These revisions are 

intended to decrease the release of 

hazardous materials to the environment 

during transportation. 

Greenhouse gas emissions would 

remain the same under this proposed 

amendment. 

4. Cargo Tank Marking Requirements for 

Petroleum Distillate Fuels 

PHMSA proposes to revise the 

marking requirements for cargo tanks 

transporting multiple petroleum 

distillate fuels in the current or previous 

business day (defined as a day that the 

operator of the cargo tank motor vehicle 

is open and operating in commerce). 

The proposal authorizes a carrier to 

display the marking of the UN ID 

number for the petroleum distillate fuel 

with the lowest flashpoint transported 


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66 59 FR 7629 (Feb. 16, 1994). 

67 86 FR 7009 (Jan. 25, 2021). 

68 86 FR 7037 (Jan. 25, 2021). 

69 86 FR 7619 (Feb. 1, 2021). 

70 65 FR 19475 (Apr. 11, 2000). 

71 77 FR 26413 (May 4, 2012). 

in that cargo tank during the current or 

previous business day. For example, a 

cargo tank used to transport gasoline on 

Day 1, and diesel fuel only on Day 2, 

may display ‘‘1203’’ on Day 2, because 

gasoline has a lower flash point than 

diesel fuel. 

PHMSA’s analysis of this proposed 

amendment indicates that for NA1993, 

UN1202, UN1203, UN1223, and other 

petroleum distillate fuels, the ERG 

directs the reader to the same guide 

page for initial emergency response 

measures, and PHMSA further requests 

information from emergency responders 

describing how emergency response 

would differ for an accident involving a 

cargo tank motor vehicle marked 

‘‘1993,’’ ‘‘1202,’’ ‘‘1203,’’ ‘‘1223,’’ or 

another UN ID number associated with 

a petroleum distillate fuel. PHMSA 

requests information on any known 

incidents where emergency response 

was impacted negatively due to a cargo 

tank motor vehicle displaying ‘‘1203’’ 

when it was transporting a petroleum 

distillate fuel with a higher flash point. 

The substantial time saved during fuel 

deliveries due to the removal of the 

requirement to change the ID number 

displayed inside the placard may 

provide environmental benefits, 

including a reduction in greenhouse 

gases due to a reduction in time cargo 

tank motors vehicles spend idling while 

the driver changes the ID number 

displayed in the placard. PHMSA seeks 

comment on this, and any other 

environmental impacts associated with 

this amendment. 

4. Agencies and Persons Consulted 

During the Consideration Process 

PHMSA has coordinated with the 

FAA, FMCSA, FRA, and the USCG, in 

the development of this proposed 

rulemaking. The NPRM has also been 

made available to other federal agencies 

within the interagency review process 

contemplated under Executive Order 

12866. PHMSA solicits, and will 

consider, comments on the NPRM’s 

potential impacts on safety and the 

environment submitted by members of 

the public, state and local governments, 

tribal communities, and industry. 

5. Executive Order 12898 

Executive Orders 12898 (‘‘Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’),66 13985 

(‘‘Advancing Racial Equity and Support 

for Underserved Communities Through 

the Federal Government’’),67 13990 

(‘‘Protecting Public Health and the 

Environment and Restoring Science To 

Tackle the Climate Crisis’’),68 14008 

(‘‘Tackling the Climate Crisis at Home 

and Abroad’’),69 and DOT Order 

5610.2C (‘‘Department of Transportation 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations’’) require DOT 

agencies to achieve environmental 

justice as part of their mission by 

identifying and addressing, as 

appropriate, disproportionately high 

and adverse human health or 

environmental effects, including 

interrelated social and economic effects 

of their programs, policies, and 

activities on minority populations, lowincome populations, and disadvantaged 

communities. 

PHMSA has evaluated this proposed 

rulemaking under the above Executive 

Orders and DOT Order 5610.2C and 

expects it would not cause 

disproportionately high and adverse 

human health and environmental effects 

on minority, low-income, underserved, 

and other disadvantaged populations 

and communities. The rulemaking is 

facially neutral and national in scope; it 

is neither directed toward a particular 

population, region, or community, nor 

is it expected to adversely impact any 

particular population, region, or 

community. And because PHMSA 

expects the rulemaking would not 

adversely affect the safe transportation 

of hazardous materials generally, 

PHMSA does not expect the proposed 

revisions would entail 

disproportionately high adverse risks for 

minority populations, low-income 

populations, or other underserved and 

other disadvantaged communities. 

The proposed rulemaking could 

reduce risks to minority populations, 

low-income populations, or other 

underserved and other disadvantaged 

communities. Insofar as the proposed 

HMR amendments could avoid the 

release of hazardous materials, the 

proposed rule could reduce risks to 

populations and communities— 

including any minority, low-income, 

underserved and other disadvantaged 

populations and communities—in the 

vicinity of interim storage sites and 

transportation arteries and hubs. 

Additionally, as explained in the above 

discussion of NEPA, PHMSA anticipates 

that its proposed HMR amendments will 

yield modest GHG emissions 

reductions, thereby reducing the risks 

posed by anthropogenic climate change 

to minority, low-income, underserved, 

and other disadvantaged populations 

and communities. 

PHMSA solicits comment on potential 

impacts to minority, low-income, 

underserved, and other disadvantaged 

populations and communities of the 

proposed rulemaking. 

6. Proposed Finding of No Significant 

Impact 

PHMSA anticipates the adoption of 

the Proposed Action Alternative’s 

regulatory amendments will maintain 

the HMR’s current high level of safety 

for shipments of hazardous materials 

transported by highway, rail, and vessel, 

and as such proposes the HMR 

amendments in the NPRM would have 

no significant impact on the human 

environment. The environmental review 

outlines the Proposed Action 

Alternative will avoid adverse safety, 

environmental justice, and greenhouse 

gas (GHG) emissions impacts of the 

proposed action. Furthermore, based on 

the environmental analysis of 

provisions described above, PHMSA 

proposes to find the codification and 

implementation of this rulemaking 

would not result in a significant impact 

to the human environment. 

PHMSA welcomes any views, data, or 

information related to safety or 

environmental impacts that may result 

from the NPRM’s proposed 

requirements, the No Action 

Alternative, and other viable 

alternatives and their environmental 

impacts. 

I. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

http://www.dot.gov/privacy. DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000,70 or on DOT’s website at http://

www.dot.gov/privacy. 

J. Executive Order 13609 and 

International Trade Analysis 

Executive Order 13609 (‘‘Promoting 

International Regulatory 

Cooperation’’) 71 requires that agencies 

must consider whether the impacts 

associated with significant variations 

between domestic and international 

regulatory approaches are unnecessary 

or may impair the ability of American 

business to export and compete 

internationally. In meeting shared 


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72 66 FR 28355 (May 22, 2001). 

73 86 FR 26633 (May 17, 2021). 

74TSA, Security Directive No. 1580/82–2022–01, 

‘‘Rail Cybersecurity Mitigation Actions and 

Testing’’ (Oct. 24, 2022). 

challenges involving health, safety, 

labor, security, environmental, and 

other issues, international regulatory 

cooperation can identify approaches 

that are at least as protective as those 

that are or would be adopted in the 

absence of such cooperation. 

International regulatory cooperation can 

also reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. 

Similarly, the Trade Agreements Act 

of 1979 (Pub. L. 96–39), as amended by 

the Uruguay Round Agreements Act 

(Pub. L. 103–465), prohibits federal 

agencies from establishing any 

standards or engaging in related 

activities that create unnecessary 

obstacles to the foreign commerce of the 

United States. Pursuant to the Trade 

Agreements Act, the establishment of 

standards is not considered an 

unnecessary obstacle to the foreign 

commerce of the United States, so long 

as the standards have a legitimate 

domestic objective, such as providing 

for safety, and do not operate to exclude 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. 

PHMSA participates in the 

establishment of international standards 

in order to protect the safety of the 

American public. PHMSA has assessed 

the effects of this rulemaking to ensure 

that it does not cause unnecessary 

obstacles to foreign trade. While the 

rulemaking would clarify and elaborate 

on existing PHMSA regulations, 

PHMSA expects the rulemaking will 

result in cost savings and greater 

regulatory flexibility for entities engaged 

in international commerce. Accordingly, 

this rulemaking is consistent with 

Executive Order 13609 and PHMSA’s 

obligations under the Trade Agreement 

Act, as amended. 

K. National Technology Transfer and 

Advancement Act 

The National Technology Transfer 

and Advancement Act of 1995 (15 

U.S.C. 272 note) directs federal agencies 

to use voluntary consensus standards in 

their regulatory activities unless doing 

so would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specification 

of materials, test methods, or 

performance requirements) that are 

developed or adopted by voluntary 

consensus standard bodies. This 

rulemaking involves multiple voluntary 

consensus standards that are discussed 

at length in the discussion on § 171.7. 

See ‘‘Section IV. Section-by-Section 

Review; Part 171; Section 171.7’’ for 

further details. 

L. Executive Order 13211 

Executive Order 13211 (‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’) 72 requires federal 

agencies to prepare a Statement of 

Energy Effects for any ‘‘significant 

energy action.’’ Executive Order 13211 

defines a ‘‘significant energy action’’ as 

any action by an agency (normally 

published in the Federal Register) that 

promulgates, or is expected to lead to 

the promulgation of, a final rule or 

regulation that (1)(i) is a significant 

regulatory action under Executive Order 

12866 or any successor order and (ii) is 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy (including a shortfall in supply, 

price increases, and increased use of 

foreign supplies); or (2) is designated by 

the Administrator of the Office of 

Information and Regulatory Affairs 

(OIRA) as a significant energy action. 

Although this proposed rule is a 

significant regulatory action under 

Executive Order 12866, this action is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy in the United States. For 

additional discussion of the anticipated 

economic impact of this rulemaking, 

please review the PRIA in the 

rulemaking docket. 

M. Cybersecurity and Executive Order 

14082 

Executive Order 14082 (‘‘Improving 

the Nation’s Cybersecurity’’) 73

expressed the Administration policy 

that ‘‘the prevention, detection, 

assessment, and remediation of cyber 

incidents is a top priority and essential 

to national and economic security.’’ 

Executive Order 14082 directed the 

Federal Government to improve its 

efforts to identify, deter, and respond to 

‘‘persistent and increasingly 

sophisticated malicious cyber 

campaigns.’’ Consistent with Executive 

Order 14082, TSA in October 2022 

issued a Security Directive to reduce the 

risk that cybersecurity threats pose to 

critical railroad operations and facilities 

through implementation of layered 

cybersecurity measures that provide 

defense-in-depth.74

PHMSA has considered the effects of 

the NPRM and has preliminarily 

determined that its proposed regulatory 

amendments would not materially affect 

the cybersecurity risk profile for rail 

transportation of hazardous materials. 

PHMSA seeks comment on any other 

potential cybersecurity impacts of the 

proposed amendments. 

N. Severability 

The purpose of this proposed rule is 

to operate holistically in addressing 

different issues related to safety and 

environmental hazards associated with 

the transportation of hazardous 

materials. However, PHMSA recognizes 

that certain provisions focus on unique 

topics. Therefore, PHMSA preliminarily 

finds that the various provisions of this 

proposed rule are severable and able to 

function independently if severed from 

each other; thus, in the event a court 

were to invalidate one or more of this 

proposed rule’s unique provisions, the 

remaining provisions should stand and 

continue in effect. PHMSA seeks 

comment on which portions of this rule 

should or should not be severable. 

List of Subjects 

49 CFR Part 107 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Incorporation by reference, 

Reporting, and recordkeeping 

requirements. 

49 CFR Part 172 

Education, Hazardous materials 

transportation, Hazardous waste, 

Labeling, Markings, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 173 

Hazardous materials transportation, 

Incorporation by reference, Packaging 

and containers, Radioactive materials, 

Reporting and recordkeeping 

requirements, Uranium. 

49 CFR Part 174 

Hazardous materials transportation, 

Radioactive materials, Railroad safety. 

49 CFR Part 176 

Hazardous materials transportation, 

Incorporation by reference, Maritime 

carriers, Radioactive materials, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 177 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Radioactive materials, 


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Reporting and recordkeeping 

requirements. 

49 CFR Part 178 

Hazardous materials transportation, 

Incorporation by reference, Motor 

vehicle safety, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

49 CFR Part 179 

Hazardous materials transportation, 

Incorporation by reference, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 180 

Hazardous materials transportation, 

Incorporation by reference, Motor 

carriers, Motor vehicle safety, Packaging 

and containers, Railroad safety, 

Reporting and recordkeeping 

requirements. 

In consideration of the foregoing, 

PHMSA proposes to amend 49 CFR 

chapter I as follows: 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 1. The authority citation for part 107 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 Section 4; Pub. L. 104–121 

Sections 212–213; Pub. L. 104–134 Section 

31001; Pub. L. 114–74 Section 701 (28 U.S.C. 

2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 

1321. 

■ 2. In § 107.1, revise the definition of 

‘‘registration’’ to read as follows: 

§ 107.1 Definitions. 

* * * * * 

Registration means a written 

acknowledgment from the Associate 

Administrator that a registrant is 

authorized to perform a function for 

which registration is required under 

subchapter C of this chapter (e.g., 

registration in accordance with 49 CFR 

178.503 regarding marking of 

packagings). For purposes of subparts A 

through E, ‘‘registration’’ does not 

include registration under subpart F, G, 

or J of this part. 

* * * * * 

■ 3. In 107.105, revise paragraph (a)(5) 

to read as follows: 

§ 107.105 Application for special permit. 

(a) * * * 

(5) For persons required to be 

registered in accordance with Subpart F, 

G, or J of this part, in addition to the 

information listed in paragraph (a)(2) of 

this section, the application must 

provide the registration number or the 

name of the company to which the 

registration number is assigned if 

different from the applicant. For persons 

not required to be registered in 

accordance with Subpart F, G, or J of 

this part, in addition to the information 

listed in paragraph (a)(2) of this section, 

the application must provide a 

statement indicating that registration is 

not required. 

* * * * * 

■ 4. In § 107.502: 

■ a. Revise paragraphs (a)(3), (b), (d), 

and (e); and 

■ b. Add paragraphs (a)(4) through (9) 

and (f). 

The revisions and additions read as 

follows: 

§ 107.502 General registration 

requirements. 

(a) * * * 

(3) The terms cargo tank wall, 

component, and manufacturer are 

defined in § 178.320(a) of this chapter. 

The terms maintenance, modification, 

and repair are defined in § 180.403 of 

this chapter. 

(4) Fixed test and inspection facility 

means a single, permanent, and specific 

geographical location with a physical 

address where cargo tanks or cargo tank 

motor vehicles are housed, stored, and 

maintained for repair or tests and 

inspections, in accordance with subpart 

E of part 180 of this chapter. 

(5) FMCSA Agency Decisionmaker 

means Assistant Administrator, Federal 

Motor Carrier Safety Administration, or 

another FMCSA official authorized to 

make a final agency decision as 

specified in this subchapter. 

(6) FMCSA Agency Official means the 

official(s) authorized by FMCSA order 

of delegation to take the actions 

specified in this subchapter. 

(7) Mobile tester means a person 

qualified in accordance with § 180.409 

of this chapter to perform repair or test 

and inspection at a location other than 

a fixed test and inspection facility. 

(8) Mobile testing means the conduct 

of repairs or tests and inspections by a 

mobile tester in accordance with 

subpart E of part 180 of this chapter for 

the continuing qualification, 

maintenance, or periodic testing of 

cargo tanks or cargo tank motor vehicles 

at a location other than at a fixed test 

and inspection facility. 

(9) Mobile test and inspection unit 

means a motor vehicle used by a mobile 

tester to perform mobile testing. 

(b) No person may engage in the 

manufacture, assembly, certification, 

inspection, or repair of a cargo tank or 

cargo tank motor vehicle manufactured 

under the terms of a DOT specification 

under subchapter C of this chapter or a 

special permit issued under this part 

unless the person is registered with the 

Department in accordance with the 

provisions of this subpart. A person 

employed as a Registered Inspector or 

Design Certifying Engineer is considered 

to be registered if the person’s employer 

is registered. The requirements of this 

paragraph (b) do not apply to a person 

engaged in the repair of a DOT 

specification cargo tank used in the 

transportation of hazardous materials in 

the United States in accordance with 

§ 180.413(a)(1)(iii) of this chapter. 

* * * * * 

(d) Persons registering with the 

Department may submit their 

registration statement and all of the 

information required by this subpart, in 

English, electronically at https://

portal.fmcsa.dot.gov/UrsRegistration

Wizard/, or in hard copy form to: 

FMCSA Hazardous Materials Division— 

MC–ECH, 1200 New Jersey Ave., 

Washington, DC 20590–0001. 

(e) Upon determination that a 

registration statement contains all the 

information required by this subpart, 

the Department will send the registrant 

a letter or provide electronic 

confirmation verifying receipt of the 

registration application and assigning a 

registration number to that person. 

(f) A separate registration number will 

be assigned for each cargo tank 

manufacturing, assembly, repair facility, 

or other place of business identified by 

the registrant. 

■ 5. In § 107.503: 

■ a. Revise paragraphs (a)(2), (a)(4), and 

(c); and 

■ b. Add paragraph (d). 

The revisions and addition read as 

follows: 

§ 107.503 Registration statement. 

(a) * * * 

(2) Street address, mailing address, 

telephone number, and email address, if 

available, for each facility or place of 

business; 

* * * * * 

(4) A statement signed by the person 

responsible for compliance with the 

applicable requirements of this chapter, 

certifying knowledge of those 

requirements and that each employee 

who is a hazmat employee, including a 

Registered Inspector or Design 

Certifying Engineer, meets the minimum 

qualification requirements set forth in 

§ 171.8 of this chapter, has been trained 

in accordance with § 172.704, and is 

knowledgeable and trained in the 

functions the employee performs. The 

following language may be used: 

I certify that all hazmat employees, 

including Registered Inspectors and 

Design Certifying Engineers, performing 

any function have met the minimum 


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qualification requirements set forth in 

49 CFR 171.8 and/or 180.403 and the 

training requirements of 49 CFR 

172.704; that all persons are 

knowledgeable and trained in the 

functions they perform; that I am the 

person responsible for ensuring 

compliance with the applicable 

requirements of this chapter; that I 

maintain all required documentation to 

verify compliance; and that I have 

knowledge of the requirements 

applicable to the functions to be 

performed. 

* * * * * 

(c) In addition to the information 

required under paragraph (a) of this 

section, each person who repairs a cargo 

tank or cargo tank motor vehicle must 

submit a copy of the repair facility’s 

current National Board Certificate of 

Authorization for the use of the ‘‘R’’ 

stamp or ASME Certificate of 

Authorization for the use of the ASME 

‘‘U’’ stamp. 

(d) In addition to the information 

required under paragraph (a) of this 

section, each person who performs the 

wet fluorescent magnetic particle exam 

must submit a copy of the ASME Code 

training certificate. 

■ 6. Add § 107.505 to read as follows: 

§ 107.505 Modification, suspension or 

termination of registration. 

(a) The FMCSA Agency Official may 

modify, suspend, or terminate a 

registration, as appropriate, on finding 

that: 

(1) Because of a change in 

circumstances, the registration requires 

modification, is no longer needed, or 

would no longer be granted if applied 

for; 

(2) The application contained 

inaccurate or incomplete information, 

and the registration would not have 

been granted had the application been 

accurate and complete; 

(3) The application contained 

deliberately inaccurate or incomplete 

information; or 

(4) The holder knowingly has violated 

the terms of the registration or an 

applicable requirement of this chapter 

in a manner demonstrating lack of 

fitness to conduct the activity for which 

registration is required. 

(b) Except as provided in paragraph 

(c) of this section, before a registration 

is modified, suspended, or terminated, 

the FMCSA Agency Official notifies the 

holder in writing or by electronic means 

of the proposed action and the reasons 

for it, and provides an opportunity to 

show cause why the proposed action 

should not be taken. 

(1) The holder may file a response in 

writing or by electronic means with the 

FMCSA Agency Official within 30 days 

of service of notice of the proposed 

action. 

(2) After considering the holder’s 

written response, or after 30 days have 

passed without response since service of 

the notice, the FMCSA Agency Official 

notifies the holder in writing or by 

electronic means of the decision with a 

brief statement of reasons and the 

effective date of the action. 

(c) The rules for service and 

computation of time in §§ 386.6 and 

386.8 of this title shall apply to this 

section, except that electronic service is 

permitted. 

(d) If FMCSA determines that a 

violation of a provision of the federal 

hazardous material transportation law, 

or a regulation or order prescribed 

under that law, or an unsafe condition 

or practice, constitutes or is causing an 

imminent hazard, as defined in § 109.1 

of this subchapter, FMCSA may issue an 

immediately effective emergency order 

to the registration holder in accordance 

with § 109.17 of this subchapter. 

Petitions for review of the emergency 

order shall be governed by § 109.19 of 

this subchapter. 

■ 7. Add § 107.506 to read as follows: 

§ 107.506 Reconsideration. 

(a) A registration holder may request 

that the FMCSA Agency Official 

reconsider a decision under § 107.505 of 

this part. The request for 

reconsideration must: 

(1) Be in writing or by electronic 

means and served within twenty days of 

service of the decision; 

(2) State in detail any alleged errors of 

fact, law, or procedure; 

(3) Explain any corrective actions 

taken; 

(4) Enclose any additional 

information needed to support the 

request to reconsider; and 

(5) State in detail the modification of 

the final decision sought. 

(b) A decision issued under § 107.505 

of this part remains effective pending a 

decision on reconsideration. The 

FMCSA Agency Official will consider 

requests to stay the decision using the 

criteria set forth in § 107.507(b)(1)–(4) of 

this part. 

(c) The FMCSA Agency Official may 

request additional information or 

documents and, to ensure that the 

deficiencies identified as the basis for 

the action have been corrected, may 

conduct additional investigation. If the 

registration holder does not provide the 

information requested, the FMCSA 

Agency Official may deny the petition 

for reconsideration. The FMCSA Agency 

Official considers all information and 

documentation submitted on 

reconsideration. 

(d) The FMCSA Agency Official 

grants or denies, in whole or in part, the 

relief requested and informs the 

requesting person in writing or by 

electronic means of the decision. 

(e) The rules for service and 

computation of time in §§ 386.6 and 

386.8 of this title shall apply to this 

section, except that electronic service is 

permitted. 

■ 8. Add § 107.507 to read as follows: 

§ 107.507 Appeal. 

(a) A person who requested 

reconsideration under § 107.506 and is 

denied the relief requested may appeal 

to the FMCSA Agency Decisionmaker. 

The appeal must be in writing and 

served on the Agency Decisionmaker, 

ATTN: Adjudications Counsel, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE 

Washington, DC 20590–0001, or by 

submitting the documents electronically 

to fmcsa.adjudication@dot.gov. The 

appeal must also be served on all parties 

to the proceeding. The appeal must: 

(1) Be served within 30 days of 

service of the FMCSA Agency Official’s 

decision on reconsideration; 

(2) State in detail any alleged errors of 

fact, law, or procedure; 

(3) Enclose any additional 

information needed to support the 

appeal; and 

(4) State in detail the modification of 

the final decision sought. 

(b) The FMCSA Agency Official’s 

action remains effective pending a 

decision on appeal. Requests for a stay 

of the FMCSA Agency Official’s action 

will be considered using the following 

criteria: 

(1) There is a substantial likelihood 

that the requesting party will prevail on 

the merits; 

(2) The requesting party will suffer 

irreparable injury absent the stay; 

(3) The threatened injury outweighs 

whatever damage the stay may cause the 

opposing party; and 

(4) The stay will not harm the public 

interest. 

(c) The FMCSA Agency Official files 

a response to the appeal no later than 30 

days following service of the appeal. 

The FMCSA Agency Official addresses 

each assignment of error by producing 

evidence or legal argument that 

supports the Agency Official’s 

determination on that issue. The Agency 

Official’s determination may be 

supported by circumstantial or direct 

evidence and the reasonable inferences 

drawn therefrom. The burden of proof 

shall be on the FMCSA Agency Official. 

(d) The FMCSA Agency 

Decisionmaker may ask the parties to 


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submit additional information. If the 

registration holder does not provide the 

information requested, the Agency 

Decisionmaker may dismiss the petition 

for review. The FMCSA Agency 

Decisionmaker grants or denies, in 

whole or in part, the relief requested 

and informs the appellant in writing of 

the decision on appeal. The FMCSA 

Agency Decisionmaker decision on the 

appeal is the final agency action. 

(e) The rules for service, filing of 

documents, and computation of time in 

§§ 386.6, 386.7, and 386.8 of this title 

shall apply to this section, except that 

electronic service is permitted. 

■ 9. In § 107.701, revise paragraph (c) to 

read as follows: 

§ 107.701 Purpose and scope. 

* * * * * 

(c) Registration under subpart F, G, or 

J of this part is not subject to the 

procedures of this subpart. 

■ 10. In part 107, subpart J is added to 

read as follows: 

Subpart J—Registration of Tank Car 

Facilities and Design Certifying 

Engineers 

§ 107.901 Purpose and Scope. 

§ 107.903 Definitions. 

§ 107.905 Tank car facility registration. 

§ 107.907 Tank car design certifying 

engineer registration. 

§ 107.909 Period of registration, updates, 

and record retention. 

§ 107.911 Modification, suspension, or 

termination of registration. 

§ 107.913 Reconsideration. 

§ 107.915 Appeal. 

§ 107.901 Purpose and scope. 

(a) This subpart establishes a 

registration procedure for tank car 

facilities and tank car Design Certifying 

Engineers. 

(b) Persons who apply for registration 

in accordance with this subpart must be 

familiar with the requirements set forth 

in part 179 and part 180, subpart F of 

this chapter. 

§ 107.903 Definitions. 

The following definitions apply for 

the purpose of this subpart: 

Associate Administrator for Safety, 

FRA means the Federal Railroad 

Administration, Associate 

Administrator for Safety. 

Design Certifying Engineer is defined 

in § 171.8 of this chapter. 

FRA Administrator means the 

Administrator of the Federal Railroad 

Administration. 

Qualification is defined in § 180.503 

of this chapter. 

Tank car is defined in § 179.2 of this 

chapter. 

Tank car facility is defined in § 179.2 

of this chapter. 

Tank car tank is defined in § 180.503 

of this chapter. 

§ 107.905 Tank car facility registration. 

(a) No person may engage in the 

qualification of a tank car manufactured 

and maintained under the terms of a 

DOT specification under subchapter C 

of this chapter or a special permit issued 

under this part unless the person is 

registered with the Department in 

accordance with the provisions of this 

subpart. 

(b) A person who performs functions 

subject to the provisions of this subpart 

may perform only those functions that 

have been identified to the Department 

in accordance with the procedures of 

this subpart. 

(c) Persons registering a tank car 

facility may submit their registration 

statements and all the information 

required by this subpart, in English, 

electronically at www.phmsa.dot.gov or 

in hard copy form to: Associate 

Administrator of Hazardous Materials 

Safety (Attention: General Approvals 

and Permits, PHH–13) Pipeline and 

Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, East Building, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

(d) Each person must submit a 

separate registration statement and each 

tank car facility will be assigned a 

unique registration number. 

(e) Upon determination that a tank car 

facility registration statement contains 

all the information required by this 

subpart, the Department will send the 

registrant a letter or provide electronic 

confirmation verifying receipt of the 

registration application and assigning a 

registration number to that facility. 

(f) Each tank car facility registration 

statement must contain the following 

information: 

(1) Name of business; 

(2) Street address, mailing address, 

telephone number, and email address, if 

available, for the facility or place of 

business; 

(3) A statement indicating whether 

the facility uses mobile testing/ 

inspection equipment to perform 

manufacturing, maintenance, or 

qualification at a location other than the 

address listed in paragraph (f)(2) of this 

section; 

(4) A statement signed by the 

principal, officer, partner, or employee 

of the facility responsible for 

compliance with the applicable 

requirements of this chapter, certifying 

knowledge of those requirements and 

that each employee who is a hazmat 

employee has been trained in 

accordance with § 172.704 of this 

chapter and is knowledgeable and 

trained in the functions the employee 

performs, and that the facility’s quality 

assurance program complies with the 

requirements of § 179.7 of this chapter. 

The following statement may be used: 

I certify that this facility operates in 

conformance with minimum 

requirements set forth in this chapter; 

that all persons are knowledgeable and 

trained in the functions they perform; 

that I am the person responsible for 

ensuring compliance with the 

applicable requirements of this chapter; 

that I maintain all required 

documentation to verify compliance; 

that I have knowledge of the 

requirements applicable to the functions 

to be performed; and that this tank car 

facility’s quality assurance program is in 

compliance with the requirements of 49 

CFR 179.7. 

(5) A description of the specific 

qualification functions to be performed 

on tank cars. For example: 

(i) External visual inspection; 

(ii) Leakproofness testing; or 

(iii) Ultrasonic examination. 

(6) A description of any other tank 

car-related functions performed at the 

facility. For example: 

(i) Manufacture; or 

(ii) Maintenance. 

(7) An identification of the types of 

DOT specification and special permit 

tank cars that the registrant intends to 

qualify and manufacture or maintain, if 

applicable; 

(8) Each tank car facility must submit 

an executive summary of the facility’s 

current quality assurance program, 

sufficient to demonstrate compliance 

with the required elements of § 179.7(b) 

of this chapter; and 

(9) If the registrant is not a resident of 

the United States, the name and address 

of a permanent resident of the United 

States designated in accordance with 

§ 105.40 of this subchapter to serve as 

agent for service of process. 

§ 107.907 Tank car Design Certifying 

Engineer registration. 

(a) No person may approve the design 

of a tank car or service equipment 

manufactured in accordance with 

subchapter C of this chapter or a special 

permit issued under this part unless the 

person is registered with the 

Department in accordance with the 

provisions of this subpart. 

(b) A person who performs functions 

subject to the provisions of this subpart 

may perform only those functions that 

have been identified to the Department 

in accordance with the procedures of 

this subpart. 

(c) Persons registering a tank car 

Design Certifying Engineer may submit 


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their registration statements and all the 

information required by this subpart, in 

English, electronically at 

www.phmsa.dot.gov or in hard copy 

form to: Associate Administrator of 

Hazardous Materials Safety (Attention: 

General Approvals and Permits, PHH– 

13), Pipeline and Hazardous Materials 

Safety Administration, U.S. Department 

of Transportation, East Building, 1200 

New Jersey Avenue SE Washington, DC 

20590–0001. 

(d) Each registration statement must 

be in English and contain the following 

information: 

(1) Name of business; 

(2) Street address, mailing address, 

telephone number, and email address, if 

available, for each person or place of 

business; 

(3) A statement signed by the person 

responsible for compliance with the 

applicable requirements of this chapter, 

certifying knowledge of those 

requirements and that each employee 

who is a hazmat employee, including a 

Design Certifying Engineer, meets the 

minimum qualification requirements set 

forth in § 171.8 of this chapter; has been 

trained in accordance with § 172.704 of 

this chapter; and is knowledgeable and 

trained in the functions the employee 

performs. The following statement may 

be used: 

I certify that all hazmat employees 

performing any hazardous materials 

transportation function have met the 

training requirements of 49 CFR 

172.704; that any Design Certifying 

Engineer hazmat employees have met 

the minimum qualification 

requirements set forth in 49 CFR 171.8 

for Design Certifying Engineers; that all 

persons are knowledgeable and trained 

in the hazardous materials 

transportation functions they perform; 

that I am the person responsible for 

ensuring compliance with the 

applicable requirements of this chapter; 

that I maintain all required 

documentation to verify compliance; 

and that I have knowledge of the 

requirements applicable to the 

hazardous materials transportation 

functions to be performed. 

(4) A description of the specific 

functions to be performed, e.g.: 

(i) New tank car design; 

(ii) Tank car modification; 

(iii) New service equipment design; 

and 

(iv) Service equipment modification. 

(5) An identification of the types of 

DOT specification and special permit 

tank cars and service equipment whose 

designs the registrant intends to review; 

(6) The names and a description of the 

experience meeting the definition in 

§ 171.8 of this chapter for each 

individual engineer employed as a 

Design Certifying Engineer; and 

(7) If the registrant is not a resident of 

the United States, the name and address 

of a permanent resident of the United 

States designated in accordance with 

§ 105.40 of this subchapter to serve as 

an agent for service of process. 

(e) Upon determination that a 

registration statement contains all of the 

information required by this subpart, 

the Department will send the registrant 

a letter or provide electronic 

confirmation verifying receipt of the 

registration application and assigning a 

registration number to that person. A 

separate registration number will be 

assigned to each individual employed as 

a Design Certifying Engineer and 

identified in the registration statement 

by the registrant. 

§ 107.909 Period of registration, updates, 

and record retention. 

(a) The period of registration for both 

tank car facilities and tank car Design 

Certifying Engineers will be for a 

maximum of six years from the date of 

the original registration and for six-year 

renewal periods thereafter. 

(b) Any correspondence with the 

Department must contain the 

registrant’s name and registration 

number. 

(c) A registration must be renewed 

prior to expiration of the period of 

registration to ensure continued 

authorization to perform authorized 

duties by submitting an up-to-date 

registration statement containing the 

information prescribed by §§ 107.905 or 

107.907 of this subpart. Any person 

initially registered under the provisions 

of §§ 107.905 or 107.907 of this subpart 

and who is in good standing is eligible 

for renewal. 

(d) A registrant shall provide 

notification to PHMSA within 30 days 

of any of the following occurrences: 

(1) Any change in the registration 

information submitted under §§ 107.905 

or 107.907 of this subpart, (e.g., change 

of company name, address, ownership, 

or names and description of the 

experience meeting the definition in 

§ 171.8 of this chapter for each 

individual engineer employed as a 

Design Certifying Engineer); 

(2) Replacement of the person 

responsible for compliance with the 

requirements in §§ 107.905(f)(4) or 

107.907(d)(3) of this subpart. If this 

occurs, the registrant shall resubmit the 

required certification; 

(3) A change in function, such as from 

maintenance to manufacture, an 

addition of a function, or a change to the 

types of qualifications or certifications 

of tank cars conducted by the facility; or 

(4) The facility or Design Certifying 

Engineer no longer performs any 

functions requiring a registration under 

this subpart. 

(e) Each registrant shall maintain a 

current copy of the registration 

information submitted to the 

Department and a current copy of the 

registration number received from the 

Department at the location identified in 

§§ 107.905(f)(2) or 107.907(d)(2) of this 

subpart during such time the person is 

registered with the Department and for 

two (2) years thereafter. 

§ 107.911 Modification, Suspension, or 

Termination of Registration. 

(a) The Associate Administrator for 

Safety, FRA may modify, suspend, or 

terminate a tank car facility or tank car 

Design Certifying Engineer registration, 

as appropriate, on finding that: 

(1) Because of a change in 

circumstances, the registration is no 

longer needed or would no longer be 

granted if applied for; 

(2) The application contained 

inaccurate or incomplete information, 

and the registration would not have 

been granted had the application been 

accurate and complete; 

(3) The application contained 

deliberately inaccurate or incomplete 

information; or 

(4) The holder knowingly has violated 

the terms of the registration or an 

applicable requirement of this chapter 

in a manner demonstrating lack of 

fitness to conduct the activity for which 

registration is required. 

(b) Except as provided in paragraph 

(c) of this section, before a registration 

is modified, suspended, or terminated, 

the Associate Administrator for Safety, 

FRA notifies the holder of the proposed 

action and the reasons for it, and 

provides an opportunity to show cause 

why the proposed action should not be 

taken. 

(1) The holder may file a response 

with the Associate Administrator for 

Safety, FRA within 30 days of receipt of 

notice of the proposed action in 

accordance with the procedures of 49 

CFR 209.9 via FRAlegal@dot.gov. 

(2) After considering the holder’s 

response, or after 30 days have passed 

without response since receipt of the 

notice, the Associate Administrator for 

Safety, FRA notifies the holder of the 

final decision with a brief statement of 

reasons. 

(c) The Associate Administrator for 

Safety, FRA, if necessary to avoid a risk 

of significant harm to persons or 

property, may, in the notification, 

declare the proposed action 

immediately effective. 


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§ 107.913 Reconsideration. 

(a) A registration holder may request 

that the Associate Administrator for 

Safety, FRA reconsider a decision under 

§ 107.911 of this subpart. The request 

must: 

(1) Be filed in accordance with the 

procedures of 49 CFR 209.9 with 

FRALegal@dot.gov within twenty days 

of receipt of the decision; 

(2) State in detail any alleged errors of 

fact and law; 

(3) Enclose any additional 

information needed to support the 

request to reconsider; and 

(4) State in detail the modification of 

the final decision sought. 

(b) The Associate Administrator for 

Safety, FRA considers newly submitted 

information on a showing that the 

information could not reasonably have 

been submitted during application 

processing. 

(c) The Associate Administrator for 

Safety, FRA grants or denies, in whole 

or in part, the relief requested and 

informs the requesting person of the 

decision. 

§ 107.915 Appeal. 

(a) A person who requested 

reconsideration under § 107.913 of this 

subpart and is denied the relief 

requested may appeal to the FRA 

Administrator. The appeal must: 

(1) Be filed in accordance with the 

procedures of 49 CFR 209.9 with 

FRALegal@dot.gov within 30 days of 

receipt of the Associate Administrator 

for Safety, FRA’s decision on 

reconsideration; 

(2) State in detail any alleged errors of 

fact and law; 

(3) Enclose any additional 

information needed to support the 

appeal; and 

(4) State in detail the modification of 

the final decision sought. 

(b) The FRA Administrator, if 

necessary to avoid a risk of significant 

harm to persons or property, may 

declare that the Associate Administrator 

for Safety, FRA’s action remain effective 

pending a decision on appeal. 

(c) The FRA Administrator grants or 

denies, in whole or in part, the relief 

requested and informs the appellant of 

the decision on appeal. The FRA 

Administrator’s decision on the appeal 

is the final administrative action. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 11. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4; Pub. L. 104–134, 

section 31001; Pub. L. 114–74 section 701 (28 

U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 

■ 12. In § 171.6, revise the table in 

paragraph (b)(2) to read as follows: 

§ 171.6 Control numbers under the 

Paperwork Reduction Act. 

* * * * * 

(b) * * * 

(2) * * * 

Current OMB 

control number Title Title 49 CFR part or section where identified and described 

2137–0014 .............. Cargo Tank Specification Requirements §§ 107.503, 107.504, 107.505, 107.506, 107.507, 178.320, 178.337, 178.338, 

178.345, 180.405, 180.407, 180.409, 180.413, 180.415, 180.417. 

2137–0018 .............. Inspection and Testing of Portable 

Tanks and Intermediate Bulk Containers.

§§ 173.24, 173.32, 178.3, 178.255, 178.273, 178.274, 178.703, 178.801, 

180.352, 180.605. 

2137–0022 .............. Testing, Inspection, and Marking Requirements for Cylinders.§§ 173.5b, 173.302a, 173.303, 173.304, 173.309, 178.2, 178.3, 178.35, 178.44, 

178.45, 178.46, 178.57, 178.59, 178.60, 178.61, 178.68, 180.205, 180.207, 

180.209, 180.211, 180.213, 180.215, 180.217, Appendix C to part 180. 

2137–0034 .............. Hazardous Materials Shipping Papers 

and Emergency Response Information.

§§ 172.200, 172.201, 172.202, 172.203, 172.204, 172.505, 172.600, 172.602, 

172.604, 172.606, 173.6, 173.7, 173.22, 173.56, 174.24, 174.26, 174.114, 

175.30, 175.31, 175.33, 176.24, 176.27, 176.30, 176.36, 176.89, 177.817. 

2137–0039 .............. Hazardous Materials Incidents Reports §§ 171.15, 171.16, 171.21. 

2137–0051 .............. Rulemaking and Special Permit Petitions.§§ 105.30, 105.40, 106.95, 106.110, 107.105, 107.107, 107.109, 107.113, 

107.117, 107.121, 107.123, 107.125, 107.205, 107.211, 107.215, 107.217, 

107.219, 107.221, 107.223. 

2137–0510 .............. RAM Transportation Requirements ....... Part 173, subpart I, §§ 173.22, 173.411, 173.415, 173.416, 173.417, 173.457, 

173.471, 173.472, 173.473, 173.476. 

2137–0542 .............. Flammable Cryogenic Liquids ............... §§ 173.318, 177.816, 177.840, 180.405. 

2137–0557 .............. Approvals for Hazardous Materials ....... §§ 107.402, 107.403, 107.405, 107.705, 107.713, 107.715, 107.717, 107.803, 

107.805, 107.807, 110.30, 172.101, 172.102, Special Provisions 19, 26, 53, 

55, 60, 105, 118, 121, 125, 129, 131, 133, 136, B45, B55, B61, B69, B77, 

B81, N10, N72, 173.2a, 173.4, 173.7, 173.21, 173.22, 173.24, 173.31, 

173.38, 173.51, 173.56, 173.58, 173.59, 173.124, 173.128, 173.159, 

173.166, 173.171, 173.214, 173.222, 173.224, 173.225, 173.245, 173.301, 

173.305, 173.306, 173.314, 173.315, 173.316, 173.318, 173.334, 173.340, 

173.411, 173.433, 173.457, 173.471, 173.472, 173.476, 174.50, 174.63, 

175.8, 175.85, 175.701, 175.703, 176.168, 176.340, 176.704, 178.3, 178.35, 

178.47, 178.53, 178.273, 178.274, 178.503, 178.509, 178.605, 178.606, 

178.608, 178.801, 178.813, 180.213. 

2137–0559 .............. Rail Carrier and Tank Car Tanks Requirements, Rail Tank Car Tanks— 

Transportation of Hazardous Materials by Rail.

§§ 107.905, 107.907, 107.909, 107.911, 107.913, 107.915, 172.102, Special 

provisions: B45, B46, B55, B61, B69, B77, B78, B81; 173.10, 173.31, 

174.14, 174.50, 174.63, 174.104, 174.114, 174.204, 179.3, 179.4, 179.5, 

179.6, 179.7, 179.11, 179.18, 179.22, 179.100–9, 179.100–12, 179.100–13, 

179.100–16, 179.100–17, 179.102–4, 179.102–17, 179.103–1, 179.103–2, 

179.103–3, 179.103–5, 179.200–10, 179.200–14, 179.200–15, 179.200–16, 

179.200–17, 179.200–19, 179.201–3, 179.201–8, 179.201–9, 179.220–4, 

179.220–7, 179.220–8, 179.220–13, 179.220–15, 179.220–17, 179.220–18, 

179.220–20, 179.220–22, 179.300–3, 179.300–7, 179.300–9, 179.300–12, 

179.300–13, 179.300–15, 179.300–20, 179.400–3, 179.400–4, 179.400–11, 

179.400–13, 179.400–16, 179.400–17, 179.400–19, 179.400–20, 179.500–5, 

179.500–8, 179.500–12, 179.500–18, 180.505, 180.509, 180.515, 180.517. 

2137–0572 .............. Testing Requirements for Non-bulk 

Packages.

§§ 173.168, 178.2, 178.601, Appendix C to part 178, Appendix D to part 178. 


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Current OMB 

control number Title Title 49 CFR part or section where identified and described 

2137–0582 .............. Container Certification Statement ......... §§ 176.27, 176.172. 

2137–0586 .............. Hazardous Materials Public Sector 

Training and Planning Grants.

Part 110. 

2137–0591 .............. Response Plans for Shipments of Oil ... Part 130. 

2137–0595 .............. Cargo Tank Motor Vehicles in Liquefied 

Compressed Gas Service.

§§ 173.315, 178.337–8, 178.337–9, 180.405, 180.416. 

2137–0612 .............. Hazardous Materials Security Plans ..... Part 172, subpart I, §§ 172.800, 172.802, 172.804. 

2137–0613 .............. Subsidiary Hazard Class and Number/ 

Type of Packagings.

§§ 172.202, 172.203. 

2137–0620 .............. Inspection and Testing of Meter Provers.Part 173, subpart A, § 173.5a. 

2137–0621 .............. Requirements for United Nations (UN) 

Cylinders.

§§ 173.301, 173.304, 173.304b, 178.69, 178.70, 178.74, 178.75, 180.207, 

180.209, 180.212, 180.215, 180.217. 

2137–0628 .............. Flammable Hazardous Materials by 

Rail Transportation.

§§ 130.120, 171.16, 173.41, 173.145, 173.150, 174.310, 174.312. 

■ 13. In § 171.7: 

■ a. Revise paragraphs (h)(39), (k), and 

(l)(3); 

■ b. Remove and reserve paragraph 

(l)(4); and 

■ c. Revise paragraph (n)(21). 

The revisions read as follows: 

§ 171.7 Reference material. 

* * * * * 

(h) * * * 

(39) ASTM D 1838–64 Copper Strip 

Corrosion by Liquefied Petroleum (LP) 

Gases, 1964 (Reapproved 1968), into 

§ 173.315. 

* * * * * 

(k) Association of American 

Railroads, American Railroads Building, 

Suite 1000, 425 Third Street SW, 

Washington, DC 20024; telephone 877– 

999–8824, http://www.aarpublications.

com/ 

(1) AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication, 

and Construction of Freight Cars, 

Chapter 5, Paragraph 5.1, Workmanship, 

April 2011, into § 179.16. 

(2) AAR Manual of Standards and 

Recommended Practices, Section C—II 

Specifications for Design, Fabrication, 

and Construction of Freight Cars, 

Chapter 6, June 2015, into § 179.400–6. 

(3) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Chapter 1, 

November 2014, into § 180.517. 

(4) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Chapter 2, 

November 2014, into § 179.102–3. 

(5) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Chapter 3, 

November 2014, into §§ 173.241, 

173.242, 173.247. 

(6) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Chapter 5, 

November 2014, into § 179.16. 

(7) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Chapter 6, 

November 2014, into § 179.10. 

(8) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

A, November 2014, into §§ 173.314; 

179.15; 179.300–15; 179.300–17; 

179.400–20. 

(9) [Reserved] 

(10) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

C, November 2014, into §§ 179.22; 

179.220–26; 179.400–25. 

(11) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

D, November 2014, into § 180.509. 

(12) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

E, November 2014, into §§ 173.31; 

179.20; 179.100–12; 179.100–14; 

179.101–1; 179.103–5; 179.200–9; 

179.200–13; 179.200–17; 179.220–14; 

179.220–18. 

(13) [Reserved] 

(14) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

M, November 2014, into §§ 179.200–7; 

179.201–6; 179.220–6; 179.220–7; 

179.400–5; 179.400–8. 

(15) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

R, November 2014, except paragraphs 

1.1, 1.2, 3.2, 3.3, 3.4, 5.5 into § 179.6. 

(16) [Reserved] 

(17) [Reserved] 

(18) AAR Manual of Standards and 

Recommended Practices, Section C—III, 

Specifications for Tank Cars, 

Specification M–1002 (AAR 

Specifications for Tank Cars), Appendix 

W, November 2014, except paragraph 

1.2 into §§ 179.11; 179.100–9; 179.100– 

10; 179.100–13; 179.100–18; 179.102–1; 

179.102–4; 179.102–17; 179.200–10; 

179.200–11; 179.200–22; 179.220–10; 

179.220–11; 179.300–9; 179.300–10; 

179.400–5; 179.400–11; 179.400–12; 

179.400–15; 179.400–18. 

(19) AAR Manual of Standards and 

Recommended Practices, Section I, 

Specially Equipped Freight Car and 

Intermodal Equipment, 1988, into 

§§ 174.55; 174.63. 

(20) AAR Standard 286; AAR Manual 

of Standards and Recommended 

Practices, Section C, Car Construction 

Fundamentals and Details, Standard S– 

286, Free/Unrestricted Interchange for 

286,000 lb. Gross Rail Load Cars 

(Adopted 2002; Revised: 2003, 2005, 

2006, 2016), into § 179.13. 

* * * * * 

(l) * * * 

(3) Pamphlet 49, Recommended 

Practices for Handling Chlorine Bulk 

Highway Transports, Edition 10, 

December 2016, into § 173.315. 

(4) [Reserved] 

* * * * * 

(n) * * * 


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(21) CGA Technical Bulletin P–26, 

Guidelines for Inspection and Repair of 

MC–330 and MC–331 Anhydrous 

Ammonia Cargo Tanks (formerly TB–2), 

1997, into §§ 180.407; 180.413. 

* * * * * 

■ 14. In § 171.8, revise the definitions of 

‘‘cargo tank’’ and ‘‘design certifying 

engineer’’ to read as follows: 

§ 171.8 Definitions and abbreviations. 

* * * * * 

Cargo tank means a bulk packaging 

that: 

(1) Is a tank intended primarily for the 

carriage of liquids, gases, solids, or 

semi-solids and includes 

appurtenances, closures, components, 

and reinforcements (for cargo tank 

specifications, see 49 CFR 178.320, 

178.337–1, or 178.338–1, 178.345–1, as 

applicable); 

(2) Is permanently attached to or 

forms a part of a motor vehicle, or is not 

permanently attached to a motor vehicle 

but which, by reason of its size, 

construction or attachment to a motor 

vehicle is loaded or unloaded without 

being removed from the motor vehicle; 

and 

(3) Is not fabricated under a 

specification for cylinders, intermediate 

bulk containers, multi-unit tank car 

tanks, portable tanks, or tank cars. 

* * * * * 

Design Certifying Engineer means a 

person registered with the Department, 

in accordance with subparts F or J of 

part 107 of this chapter, who has the 

knowledge and ability to perform stress 

analysis of pressure vessels and 

otherwise determine whether a cargo 

tank or tank car design and construction 

meets the applicable DOT specification. 

A Design Certifying Engineer meets the 

knowledge and ability requirements by 

meeting any one of the following 

requirements: 

(1) For cargo tanks: 

(i) Has an engineering degree and at 

least one year of work experience in 

cargo tank structural or mechanical 

design; 

(ii) Is currently registered as a 

professional engineer by appropriate 

authority of a state of the United States 

or a province of Canada; or 

(iii) Has at least three years’ 

experience in performing the duties of 

a Design Certifying Engineer prior to 

September 1, 1991. 

(2) For tank cars: 

(i) Has an engineering degree and at 

least one year of work experience in 

tank car structural or mechanical 

design; or 

(ii) Is currently registered as a 

professional engineer by an appropriate 

authority of a state of the United States 

or a province of Canada. 

* * * * * 

■ 15. In § 171.22, revise paragraph (f)(4) 

to read as follows: 

§ 171.22 Authorization and conditions for 

the use of international standards and 

regulations. 

* * * * * 

(f) * * * 

(4) Each person who provides for 

transportation or receives for 

transportation (see §§ 174.24, 175.30, 

176.24, and 177.817 of this subchapter) 

a shipping paper must retain a copy of 

the shipping paper or an electronic 

image thereof that is accessible at or 

through its principal place of business 

in accordance with § 172.201(e) of this 

subchapter. The shipping paper shall be 

made readily accessible for inspection 

to an authorized official of a federal, 

state, or local government agency. 

* * * * * 

■ 16. In § 171.23, revise paragraphs 

(b)(5) introductory text and (b)(5)(iii) to 

read as follows: 

§ 171.23 Requirements for specific 

materials and packagings transported 

under the ICAO Technical Instructions, 

IMDG Code, Transport Canada TDG 

Regulations, or the IAEA Regulations. 

* * * * * 

(b) * * * 

(5) Hazardous substances. A material 

meeting the definition of a hazardous 

substance, as defined in § 171.8, must 

conform to the shipping paper 

requirements in § 172.203(c) of this 

subchapter. Non-bulk packages must be 

marked in accordance with the 

requirements in § 172.324 of this 

subchapter: 

* * * * * 

(iii) The letters ‘‘RQ’’ must be entered 

on the shipping paper either before or 

after the basic description and marked 

on a non-bulk package in association 

with the proper shipping name for each 

hazardous substance listed. 

* * * * * 

PART 172—HAZARDOUS MATERIALS 

TABLE, SPECIAL PROVISIONS, 

HAZARDOUS MATERIALS 

COMMUNICATIONS, EMERGENCY 

RESPONSE INFORMATION, TRAINING 

REQUIREMENTS, AND SECURITY 

PLANS 

■ 17. The authority citation for part 172 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 18. In § 172.101, revise paragraph (j) 

introductory text to read as follows: 

§ 172.101 Purpose and use of the 

hazardous materials table. 

* * * * * 

(j) Column 9: Quantity limitations. 

Columns 9A and 9B specify the 

maximum quantities that may be offered 

for transportation in one package by 

passenger-carrying aircraft or passengercarrying rail (Column 9A) or by cargo 

aircraft only (Column 9B), subject to the 

following: 

* * * * * 

■ 19. In § 172.102, revise paragraph 

(c)(1), special provision 13 and 

paragraph (c)(3), special provision B45 

to read as follows: 

§ 172.102 Special provisions. 

* * * * * 

(c) * * * 

(1) * * * 

13 The words ‘‘Inhalation Hazard’’ 

shall be entered on each shipping paper 

in association with the shipping 

description, shall be marked on each 

non-bulk package in association with 

the proper shipping name and 

identification number, and shall be 

marked on two opposing sides of each 

bulk package. The size of a marking on 

a bulk package must conform to 

§ 172.302(b) of this subchapter. In 

addition, security plan requirements in 

part 172, subpart I, apply. The 

requirements of §§ 172.203(m) and 

172.505 of this subchapter do not apply. 

* * * * * 

(3) * * * 

B45 Each tank must have a reclosing 

combination pressure relief device, 

equipped with stainless steel or 

platinum rupture discs, approved by a 

tank car Design Certifying Engineer. 

* * * * * 

■ 20. In § 172.303, add paragraph (b)(4) 

to read as follows: 

§ 172.303 Prohibited marking. 

* * * * * 

(b) * * * 

(4) The display of a BIOHAZARD 

marking, a ‘‘HOT’’ marking, or a sour 

crude oil hazard marking in accordance 

with §§ 172.323(c), 172.325(c), or 

172.327(a), of this part, respectively. 

■ 21. In § 172.328, revise paragraph (d) 

to read as follows: 

§ 172.328 Cargo tanks. 

* * * * * 

(d) Emergency shutoff marking. For 

all cargo tank motor vehicles subject to 

emergency remote shutoff device 

requirements in accordance with this 

subchapter, each on-vehicle manuallyactivated remote shutoff device for 

closure of the internal or external selfclosing stop valve must be identified by 

marking ‘‘Emergency Shutoff’’ in letters 


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at least 0.75 inches in height, in a color 

that contrasts with its background, and 

located in an area immediately adjacent 

to the means of closure. 

* * * * * 

■ 22. In § 172.336, revise the table in 

paragraph (c) to read as follows: 

§ 172.336 Identification numbers; special 

provisions. 

* * * * * 

(c) * * * 

Packaging: When: Then the alternative marking requirement is: 

On the ends of portable tanks, cargo 

tanks, or tank cars.

They have more than one compartment 

and hazardous materials with different 

identification numbers are being transported therein.

The identification numbers on the sides of the tank are 

displayed in the same sequence as the compartments containing the materials they identify. 

On cargo tanks ........................................... They contain only gasoline ....................... The tank is marked ‘‘Gasoline’’ on each side and rear 

in letters no less than 50 mm (2 inches) high or is 

placarded in accordance with § 172.542(c). 

On cargo tanks ........................................... They contain only fuel oil .......................... The cargo tank is marked ‘‘Fuel Oil’’ on each side and 

rear in letters no less than 50 mm (2 inches) high, or 

is placarded in accordance with § 172.544(c). 

On one end of nurse tanks if that end contains valves, fittings, regulators or 

gauges when those appurtenances prevent the markings and placard from 

being properly placed and visible.

They meet the provisions of § 173.315(m) 

of this subchapter.

N/A. 

On each compartment of compartmented 

cargo tanks or compartmented tank cars.

The cargo tank or tank car contains more 

than one petroleum distillate fuel.

The identification number for the liquid petroleum distillate fuel having the lowest flash point in any one 

compartment is displayed. However, if a cargo tank 

or tank car compartment contains gasoline and alcohol fuel blends consisting of more than 10% ethanol 

the identification number ‘‘3475’’ or ‘‘1987,’’ as appropriate, must also be displayed for that compartment. 

On cargo tanks (including compartmented 

cargo tanks).

They transport more than one petroleum 

distillate fuel in different trips on the 

previous or current business day.

The identification number for the liquid petroleum distillate fuel having the lowest flash point transported in 

that previous or current business day is displayed. If 

the cargo tank contains gasoline and alcohol fuel 

blends consisting of more than 10% ethanol, the 

identification number ‘‘3475’’ or ‘‘1987,’’ as appropriate, must also be displayed, and the identification 

numbers ‘‘3475’’ or ‘‘1987,’’ may only be displayed if 

the material is present in the cargo tank during transportation. 

* * * * * 

■ 23. In § 172.504, revise paragraph (b) 

to read as follows: 

§ 172.504 General placarding 

requirements. 

* * * * * 

(b) DANGEROUS placard. A freight 

container, unit load device, transport 

vehicle, or rail car that contains nonbulk packages with two or more 

categories of hazardous materials that 

require different placards specified in 

table 2 of paragraph (e) of this section 

may be placarded with a DANGEROUS 

placard instead of the separate 

placarding specified for each of the 

materials in table 2 of paragraph (e) of 

this section. However, the DANGEROUS 

placard may not be used under the 

following conditions: 

(1) When 1,000 kg (2,205 pounds) 

aggregate gross weight or more of one 

category of material is loaded therein at 

one loading facility on a freight 

container, unit load device, transport 

vehicle, or rail car, the placard specified 

in table 2 of paragraph (e) of this section 

for that category must be applied; or 

(2) When a hazardous material is 

transported by vessel. 

* * * * * 

■ 24. In § 172.516, revise paragraph (d) 

to read as follows: 

§ 172.516 Visibility and display of 

placards. 

* * * * * 

(d) Recommended specifications for a 

placard holder are set forth in Appendix 

C of this part. Except for a placard 

holder similar to that contained in 

Appendix C to this part or contained in 

Appendix C to this part prior to 

[EFFECTIVE DATE OF THE FINAL 

RULE], the means used to attach a 

placard may not obscure any part of its 

surface other than the borders. 

* * * * * 

■ 25. In § 172.704: 

■ a. Add paragraph (a)(2)(iii); and 

■ b. Revise paragraph (e)(1). The 

revision and addition read as follows: 

§ 172.704 Training requirements. 

(a) * * * 

(2) * * * 

(iii) For hazardous materials 

employees transporting hazardous 

materials by highway, function specific 

training must include the training 

requirements of § 177.816, as applicable. 

* * * * * 

(e) * * * 

(1) A hazmat employee who 

manufactures, repairs, modifies, 

reconditions, or tests packagings, as 

qualified for use in the transportation of 

hazardous materials, and who does not 

perform any other function subject to 

the requirements of this subchapter, is 

not subject to the training requirements 

of paragraphs (a)(3) and (a)(4) of this 

section. 

* * * * * 

■ 26. In § 172.820, add paragraph (d)(3) 

to read as follows: 

§ 172.820 Additional planning 

requirements for transportation by rail. 

* * * * * 

(d) * * * 

(3) If the rail carrier determines that 

no practicable alternative route exists, 

including consideration of interchange 

agreements, the requirements of 

paragraphs (d)(1) and (d)(2) do not 

apply. The rail carrier must describe, in 


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writing, the remediation or mitigation 

measures to be implemented, if any, on 

the primary route in conformance with 

§ 172.820(d)(1)(iii) and certify that an 

alternative route does not exist for a 

given primary route. 

* * * * * 

■ 27. Revise appendix C to part 172 to 

read as follows: 

Appendix C to Part 172—Dimensional 

Specifications for Recommended 

Placard Holder 

PART 173—SHIPPERS—GENERAL 

REQUIREMENTS FOR SHIPMENTS 

AND PACKAGINGS 

■ 28. The authority citation for part 173 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 49 

CFR 1.81, 1.96 and 1.97. 

■ 29. In § 173.31, revise paragraphs 

(a)(2), (d) and (g)(1) to read as follows: 

§ 173.31 Use of tank cars. 

(a) * * * 

(2) Tank cars and appurtenances may 

be used for the transportation of any 

commodity for which they are 

authorized in this part and specified on 

the Design Approval Certificate or for 

tank cars constructed prior to [DATE 

ONE YEAR FROM EFFECTIVE DATE], 

the certificate of construction (AAR 

Form 4–2 or by addendum on Form R– 

1). See § 179.5 of this subchapter. 

Transfer of a tank car from one specified 

service on its certificate of construction 

or Design Approval Certificate to 

another may be made only by the owner 

or with the owner’s authorization. A 

tank car proposed for a commodity 

service other than specified on its 

certificate of construction or Design 

Approval Certificate must be approved 

for such service by a Design Certifying 

Engineer. 

* * * * * 

(d) Pre-transportation closure, 

securement, and examination of tank 

cars. Prior to transportation, each 

person who offers a tank car carrying 

hazardous material must ensure the tank 


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Nate: Round to 

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Min. 
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85661 

car is closed, secured, and inspected in 

accordance with this section. 

(1) Securement of closures on tank 

cars. The offeror must have and follow 

a written procedure for closing and 

securing all openings on a tank car prior 

to shipment. The person responsible for 

developing or updating the procedure 

must consider available best practices 

and guidance from each packaging and 

component supplier, such as service 

equipment manufacturer, gasket 

manufacturer, tank car owner, or other 

product-specific closure manufacturer. 

The procedure must be periodically 

reviewed and updated to reflect changes 

or modifications that impact the 

securement of closures, but not later 

than every two years. 

(2) Pre-trip Inspection. No person may 

offer for transportation a tank car 

containing a hazardous material or a 

residue of a hazardous material unless 

that person determines that the tank car 

is in proper condition and safe for 

transportation. As a minimum, each 

person offering a tank car for 

transportation must perform an external 

visual inspection that includes: 

(i) Except where insulation or a 

thermal protection system precludes an 

inspection, the tank shell and heads for 

abrasion, corrosion, cracks, dents, 

distortions, defects in welds, or any 

other condition that makes the tank car 

unsafe for transportation; 

(ii) The piping, valves, fittings, and 

gaskets for corrosion, damage, or any 

other condition that makes the tank car 

unsafe for transportation; 

(iii) For missing or loose bolts, nuts, 

or elements that make the tank car 

unsafe for transportation; 

(iv) All closures on tank cars and 

determine that the closures and all 

fastenings securing them are properly 

tightened in place by the use of a bar, 

wrench, or other suitable tool; 

(v) Protective housings for proper 

securement; 

(vi) The pressure relief device, 

including a careful inspection of the 

rupture disc in non-reclosing pressure 

relief devices, for corrosion or damage 

that may alter the intended operation of 

the device. The rupture disc is not 

required to be removed prior to visual 

inspection if the tank car contains the 

residue, as defined in § 171.8 of this 

subchapter, of a Class 8, PG II or PG III 

material with no subsidiary hazard or 

the residue of a Class 9 elevated 

temperature material; 

(vii) Each tell-tale indicator after 

filling and prior to transportation to 

ensure the integrity of the rupture disc; 

(viii) The external thermal protection 

system, tank-head puncture resistance 

system, coupler vertical restraint 

system, and bottom discontinuity 

protection for conditions that make the 

tank car unsafe for transportation; 

(ix) The required markings on the 

tank car for legibility; and 

(x) The periodic inspection date 

markings to ensure that the inspection 

and test intervals are within the 

prescribed intervals. 

(3) Design of Closures. Closures on 

tank cars are required, in accordance 

with this subchapter, to be designed and 

closed so that under conditions 

normally incident to transportation, 

including the effects of temperature and 

vibration, there will be no identifiable 

release of a hazardous material to the 

environment. In any action brought to 

enforce this section, the lack of 

securement of any closure to a tool-tight 

condition, detected at any point, will 

establish a rebuttable presumption that 

a proper inspection was not performed 

by the offeror of the car. That 

presumption may be rebutted by any 

evidence indicating that the lack of 

securement resulted from a specific 

cause not within the control of the 

offeror. 

* * * * * 

(g) * * * 

(1) Except as provided in (g)(1)(i), 

each hazmat employee who is 

responsible for loading or unloading a 

tank car must ensure the track is secure 

to prevent access by other rail 

equipment, including motorized service 

vehicles. The mechanism used to satisfy 

this requirement must be under direct 

control of the hazmat employee 

responsible for the loading or unloading 

operation and must be locked so that 

only the employee responsible for the 

product transfer operation may remove 

it. The means of protection under this 

section must be capable of stopping or 

diverting rail equipment to prevent 

contact with the tank car or equipment 

that is part of the transfer operation. 

This requirement must be satisfied by 

lining each switch providing access to 

the loading/unloading area away from 

the unloading operation and securing 

each switch with an effective locking 

device; using a derail when locked in a 

derailing position with an effective 

locking device on the track providing 

direct access to the tank car that is being 

loaded or unloaded; by using other 

means that provide an equivalent level 

of security; or, a combination of the 

above. 

(i) Equipment may be used to 

reposition rolling equipment on this 

track after the protection has been 

removed under the following 

conditions: 

(A) The equipment is operated by an 

authorized employee under the 

direction of the hazmat employee who 

is responsible for loading or unloading 

the tank car; 

(B) The hazmat employee who is 

responsible for loading or unloading the 

tank car on the affected track has been 

notified; 

(C) The rolling equipment must not 

couple into the tank car being loaded/ 

unloaded; and 

(D) The protection must be restored 

immediately after the repositioning has 

been completed. 

(ii) [Reserved] 

* * * * * 

■ 30. In § 173.150, revise paragraph 

(f)(3)(viii) to read as follows: 

§ 173.150 Exceptions for Class 3 

(flammable and combustible liquids). 

* * * * * 

(f) * * * 

(3) * * * 

(viii) The requirements of §§ 173.1, 

173.21, 173.24, 173.24a, 173.24b, 174.1, 

177.804, 177.817, 177.834(j), 177.837(c) 

and 177.837(d) of this subchapter; 

* * * * * 

■ 31. In § 173.159, revise paragraphs 

(e)(2), (e)(4), and (e)(5), and add 

paragraph (e)(6) to read as follows: 

§ 173.159 Batteries, wet. 

* * * * * 

(e) * * * 

(2) The batteries must be loaded or 

braced so as to prevent damage and 

short circuits while in transit, in a 

manner that secures the batteries against 

shifting, including relative motion 

between packages, under conditions 

normally incident to transportation; 

* * * * * 

(4) Except for the purpose of 

consolidating shipments of batteries for 

recycling, the transport vehicle may not 

carry material shipped by any person 

other than the shipper of the batteries; 

(5) The offeror must inform persons 

loading the batteries and the operator of 

the vehicle transporting batteries of the 

requirements of this paragraph; and 

(6) Shipments made under this 

paragraph are subject to the incident 

reporting requirements in § 171.15. 

* * * * * 

■ 32. In § 173.241, revise paragraph (a) 

introductory text to read as follows: 

§ 173.241 Bulk packagings for certain low 

hazard liquid and solid materials. 

* * * * * 

(a) Rail cars: Class DOT 103, 104, 105, 

109, 111, 112, 114, 115, 117, or 120 tank 

car tanks; and Class 106 or 110 multiunit tank car tanks. AAR Class 203W, 

206W, and 211W tank car tanks are also 

authorized. AAR Class 203W, 206W, 

and 211W tank car tanks built after 


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[DATE ONE YEAR FROM EFFECTIVE 

DATE] must be as prescribed in AAR 

Specifications for Tank Cars Chapter 3 

(IBR, see § 171.7 of this subchapter). 

Additional operational requirements 

apply to high-hazard flammable trains 

(see § 171.8 of this subchapter) as 

prescribed in § 174.310 of this 

subchapter. Except as otherwise 

provided in this section, DOT 

Specification 111 tank cars and DOT 

Specification 111 tank cars built to the 

CPC–1232 industry standard are no 

longer authorized to transport Class 3 

(flammable) liquids in Packing Group 

III, unless retrofitted to the DOT 

Specification 117R retrofit standards or 

the DOT Specification 117P 

performance standards provided in part 

179, subpart D of this subchapter. 

* * * * * 

■ 33. In § 173.242, revise paragraph (a) 

introductory text to read as follows: 

§ 173.242 Bulk packagings for certain 

medium hazard liquids and solids, 

including solids with dual hazards. 

* * * * * 

(a) Rail cars: Class DOT 103, 104, 105, 

109, 111, 112, 114, 115, 117, or 120 tank 

car tanks and Class 106 or 110 multiunit tank car tanks. AAR Class 206W 

tank car tanks are also authorized. AAR 

Class 206W tank car tanks built after 

[DATE ONE YEAR FROM EFFECTIVE 

DATE] must be as prescribed in AAR 

Specifications for Tank Cars Chapter 3 

(IBR, see § 171.7 of this subchapter). 

Additional operational requirements 

apply to high-hazard flammable trains 

(see § 171.8 of this subchapter) as 

prescribed in § 174.310 of this 

subchapter. Except as otherwise 

provided in this section, DOT 

Specification 111 tank cars and DOT 

Specification 111 tank cars built to the 

CPC–1232 industry standard are no 

longer authorized to transport unrefined 

petroleum products, ethanol, and other 

Class 3 (flammable) liquids in Packing 

Group II or III, unless retrofitted to the 

DOT Specification 117R retrofit 

standards, or the DOT Specification 

117P performance standards provided 

in part 179, subpart D of this 

subchapter. 

* * * * * 

■ 34. In § 173.247, revise paragraph (a) 

introductory text to read as follows: 

§ 173.247 Bulk packaging for certain 

elevated temperature materials. 

* * * * * 

(a) Rail cars: Class DOT 103, 104, 105, 

109, 111, 112, 114, 115, or 120 tank car 

tanks; Class DOT 106, 110 multi-unit 

tank car tanks; AAR Class 203W, 206W, 

211W tank car tanks; and non-DOT 

specification tank car tanks equivalent 

in structural design and accident 

damage resistance to specification 

packagings. AAR Class 203W, 206W, 

and 211W tank car tanks constructed 

after [DATE ONE YEAR FROM 

EFFECTIVE DATE] must be as 

prescribed in AAR Specifications for 

Tank Cars Chapter 3 (IBR, see § 171.7 of 

this subchapter). 

* * * * * 

§ 173.314 [Amended] 

■ 35. In § 173.314, remove and reserve 

paragraph (b)(4). 

■ 36. In § 173.315: 

■ a. Revise the first sentence of 

paragraph (h) introductory text, 

paragraphs (i)(13), (j)(1) introductory 

text, (m)(1)(vi), (m)(1)(vii); 

■ b. Add paragraph (m)(1)(viii); and 

■ c. Revise the table in paragraph (n)(1). 

The revisions and addition read as 

follows: 

§ 173.315 Compressed gases in cargo 

tanks and portable tanks. 

* * * * * 

(h) Each cargo tank and portable tank, 

except a tank filled by weight (see 

paragraph (e) of this section), must be 

equipped with one or more of the 

gauging devices described in the 

following table which indicate 

accurately the maximum permitted 

liquid level (for purposes of the 

following table, a column entry with 

‘‘do’’ indicates ‘‘same as above’’). * * * 

* * * * * 

(i) * * * 

(13) A pressure relief device on a 

chlorine cargo tank must conform to one 

of the drawings in The Chlorine 

Institute, Inc. Pamphlet 49, 

‘‘Recommended Practices for Handling 

Chlorine Bulk Highway Transports’’ 

(IBR, see § 171.7 of this subchapter). 

(j) * * * 

(1) Storage containers for liquefied 

petroleum gas charged to five percent of 

their capacity or less and intended for 

permanent installation on consumer 

premises may be shipped by private 

motor carrier under the following 

conditions: 

* * * * * 

(m) * * * 

(1) * * * 

(vi) Is securely mounted on a farm 

wagon or meets paragraph (m)(3) of this 

section; 

(vii) Is in conformance with the 

requirements of part 172 of this 

subchapter except that shipping papers 

are not required; and it need not be 

marked or placarded on one end if that 

end contains valves, fittings, regulators, 

or gauges when those appurtenances 

prevent the markings and placard from 

being properly placed and visible; and 

(viii) For tanks manufactured after 

[DATE 90 DAYS FROM EFFECTIVE 

DATE], the cargo tank must be subjected 

to full post weld heat treatment. 

* * * * * 

(n) * * * 

(1) * * * 

§ 173.315(n)(1)(*) Hazardous material Delivery service Required emergency 

discharge control capability 

Obstructed view deliveries 

under § 177.840(p) of this 

subchapter 

*******

(iii) ........................ Anhydrous ammonia either 

Division 2.2 or 2.3.

Other than metered delivery 

service.

Paragraph (n)(2) of this section.

Anhydrous Ammonia, either 

Division 2.2 or 2.3.

Metered delivery service, 

13,247 L (3,500 water gallons) or less.

Paragraph (n)(3) of this section.

Anhydrous Ammonia, either 

Division 2.2 or 2.3.

Metered delivery service, 

over 13,247 L (3,500 

water gallons).

Paragraph (n)(3) of this section; and Paragraph (n)(2) or (n)(4) of 

this section. 

Anhydrous Ammonia, either 

Division 2.2 or 2.3.

Both metered delivery service and other than metered delivery service, over 

13,247 L (3,500 water gallons).

Paragraph (n)(2) of this section, provided the system 

operates for both metered 

and other than metered 

delivery service; or (n)(2) 

and (n)(3).


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§ 173.315(n)(1)(*) Hazardous material Delivery service Required emergency 

discharge control capability 

Obstructed view deliveries 

under § 177.840(p) of this 

subchapter 

(iv) ........................ Division 2.2 with a subsidiary 

hazard.

Other than metered delivery 

service.

Paragraph (n)(2) of this section.

Division 2.2 with a subsidiary 

hazard.

Metered delivery service, 

13,247 L (3,500 water gallons) or less.

Paragraph (n)(3) of this section.

Division 2.2 with a subsidiary 

hazard.

Metered delivery service, 

over 13,247 L (3,500 

water gallons).

Paragraph (n)(3) of this section; and Paragraph (n)(2) or (n)(4) of 

this section. 

(v) ......................... Division 2.1 ........................... Other than metered delivery 

service.

Paragraph (n)(2) of this section.

Division 2.1 ........................... Metered delivery service, 

13,247 L (3,500 water gallons) or less.

Paragraph (n)(3) of this section.

Division 2.1 ........................... Metered delivery service, 

over 13,247 L (3,500 

water gallons).

Paragraph (n)(3) of this section; Paragraph (n)(2) or (n)(4) of 

this section. 

* * * * * 

■ 37. In § 173.320, revise paragraphs (a) 

introductory text and (b) introductory 

text to read as follows: 

§ 173.320 Cryogenic liquids; exceptions. 

(a) Cryogenic liquids authorized to 

use this section by Column 8(A) of the 

§ 172.101 Hazardous Materials Table of 

this subchapter, which are transported 

in Dewar flasks, insulated cylinders, 

insulated portable tanks, insulated cargo 

tank motor vehicles, and insulated tank 

cars that have been designed and 

constructed so that the pressure in such 

packagings will not exceed 25.3 psig 

under ambient temperature conditions 

during transportation, are not subject to 

the requirements of this subchapter 

when transported by motor vehicle or 

railcar except for: 

* * * * * 

(b) The requirements of this 

subchapter do not apply to cryogenic 

liquids authorized to use this section by 

Column 8(A) of the § 172.101 Hazardous 

Materials Table of this subchapter: 

* * * * * 

PART 174—CARRIAGE BY RAIL 

■ 38. The authority citation for part 174 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 33 U.S.C. 

1321; 49 CFR 1.81 and 1.97. 

■ 39. In § 174.9, revise paragraph (a) and 

add paragraph (e) to read as follows: 

§ 174.9 Safety and security inspection and 

acceptance. 

(a) At each location where a 

hazardous material is accepted for 

transportation or placed in a train, the 

carrier must inspect each rail car 

containing the hazardous material, at 

ground level, for required markings, 

labels, placards, securement of closures, 

and leakage. These inspections may be 

performed in conjunction with 

inspections required under 49 CFR parts 

215 and 232. 

* * * * * 

(e) In an action brought to enforce this 

section, a train found departing a 

location where the hazardous material is 

accepted for transportation or placed in 

a train with improper hazard 

communication, unapplied closures, or 

leaking hazardous material, which is 

readily apparent from the ground level, 

will establish a rebuttable presumption 

that a proper inspection was not 

performed by the carrier. The 

presumption may be rebutted by any 

evidence indicating that the improper 

hazard communication, unapplied 

closures, or leaking hazardous material 

resulted from a specific cause not 

identifiable by the carrier during the 

inspection. 

■ 40. In § 174.14, revise paragraph (a) to 

read as follows: 

§ 174.14 Movements to be expedited. 

(a) A carrier must forward each 

shipment of hazardous materials 

promptly and within 48 hours 

(Saturdays, Sundays, and holidays 

excluded), after acceptance at the 

originating point or receipt at any yard 

or interchange point. Exceptions from 

the requirement to forward a shipment 

within 48 hours are as follows and the 

carrier must keep a record of the delay 

of a shipment in accordance with one of 

these exceptions: 

(1) When only biweekly or weekly 

service is performed, a shipment of 

hazardous materials must be forwarded 

on the first available train; 

(2) Where circumstances preclude 

delivery to the consignee destination 

listed on the shipping paper (e.g., 

excessive railcar congestion on private 

track), railcars may be temporarily held 

until alternative disposition is obtained, 

or the circumstances precluding 

delivery are resolved; or 

(3) Where the shipment contains only 

the residue of a hazardous material. 

* * * * * 

§ § 174.16 and 174.20 [Remove and 

Reserve] 

■ 41. Remove and reserve §§ 174.16 and 

174.20. 

■ 42. In § 174.24, revise paragraph (b) to 

read as follows: 

§ 174.24 Shipping papers. 

* * * * * 

(b) Each person receiving a shipping 

paper required by this section must 

retain a copy or an electronic image 

thereof, that is accessible at or through 

its principal place of business and must 

make the shipping paper available, 

upon request, to an authorized official 

of a Federal, State, or local government 

agency at reasonable times and 

locations. In non-emergency 

circumstances, the shipping paper must 

be made available no later than close of 

business the following business day 

from the time of the request. For a 

hazardous waste, each shipping paper 

copy must be retained for three years 

after the material is accepted by the 

initial carrier. For all other hazardous 

materials, each shipping paper copy 

must be retained for one year after the 

material is accepted by the initial 

carrier. Each shipping paper copy must 

include the date of acceptance by the 

initial carrier. The date on the shipping 

paper may be the date a shipper notifies 

the rail carrier that a shipment is ready 

for transportation, as indicated on the 

waybill or bill of lading, as an 

alternative to the date the shipment is 

picked up, or accepted, by the carrier. 

■ 43. Revise § 174.50 to read as follows: 


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85664 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

§ 174.50 Nonconforming or leaking 

packages. 

(a) Applicability. (1) Except as 

otherwise provided in paragraph (b) of 

this section, a rail car in hazardous 

material service that is not able to retain 

its contents in accordance with § 173.24 

of this subchapter or a DOT 

specification tank car that does not 

conform to this subchapter may not be 

moved in transportation unless 

approved for movement by the 

Associate Administrator for Safety, 

Federal Railroad Administration. 

(2) A leaking non-bulk package may 

not be forwarded until repaired, 

reconditioned, or overpacked in 

accordance with § 173.3 of this 

subchapter. 

(b) Exceptions. (1) A leaking bulk 

package containing hazardous material 

may be moved without repair or 

approval only so far as necessary to 

reduce or eliminate an immediate threat 

of harm to human health or the 

environment when it is determined its 

movement would provide greater safety 

than allowing the bulk package to 

remain in place. In the case of a liquid 

leak, the company in possession of the 

bulk package must take measures to 

prevent the spread of the liquid. 

(2) A non-conforming rail car that 

does not contain any hazardous material 

may be moved without repair or 

approval, provided the non-conforming 

condition does not affect the structural 

integrity of the rail car. 

(3) A rail car containing a hazardous 

material that is found during the course 

of transportation to be overloaded by 

weight by 3,000 pounds or less of the 

maximum gross weight on rail (MGWR) 

when weighed on a weigh-in-motion 

scale, or a rail car containing a 

hazardous material that is found to be 

overloaded by weight by 1,000 pounds 

or less of the rail car’s MGWR when 

weighed on a static scale. These 

tolerances apply to a rail car that the 

railroad operator discovers to be loaded 

above the rail car’s MGWR during the 

course of transportation. This does not 

authorize the original offeror to 

knowingly offer a rail car for 

transportation when the pretransportation calculations or scale 

weight exceed the MGWR of the rail car. 

(4) For cross-border movements to or 

from Canada, a rail car in hazardous 

material service that is not able to retain 

its contents in accordance with § 173.24 

of this subchapter or a DOT 

specification tank car moved in 

accordance with the TDG Regulations 

(see § 171.12), or a Temporary 

Certificate issued by the Competent 

Authority of Canada, as applicable. 

(c) Approval Process. To apply for a 

One-Time Movement Approval, follow 

the guidance in FRA’s guide for 

requesting a One-Time Movement 

Approval (HMG–127) and the 

requirements set forth in this section, as 

applicable. 

(d) General One-Time Movement 

Approval Requirements. These general 

requirements apply to the grantee of an 

approval for a non-conforming rail car 

for transportation under the terms of a 

One-Time Movement Approval issued 

by FRA in accordance with this section. 

(1) Marking. Prior to moving a nonconforming rail car, regardless of the 

lading, the rail car must have the 

following or similar wording applied to 

both sides of the rail car in a stencil, 

decal, or tag that is readily visible. This 

requirement does not apply to tank cars 

moved under a One-Time Movement 

Approval issued for rail cars that are 

overloaded by weight. The stencil, 

decal, or tag required by this paragraph 

must not be removed until appropriate 

repairs are made to the rail car. Rail cars 

with defective service equipment must 

also tag the specific equipment (e.g., 

valve or fitting) with the following 

wording or alternative wording that 

conveys a similar message. 

HOME SHOP FOR REPAIRS 

DO NOT LOAD 

or 

MOVING FOR 

DISMANTLING 

DO NOT LOAD 

(2) Notification. Each approval 

grantee must: 

(i) Notify the owner of the rail car that 

it is being moved under the terms of a 

One-Time Movement Approval; 

(ii) Ensure the consignee or final 

destination facility has been notified 

and will accept the non-conforming rail 

car and be willing and capable of 

unloading the lading, if necessary, to 

perform the required maintenance. For 

tank cars, a tank car facility, either fixed 

or mobile, must perform the required 

maintenance at the destination 

indicated in the application; 

(iii) Ensure that the cleaning facility is 

capable of cleaning the rail car if the 

non-conforming rail car contains a 

hazardous material and requires 

movement to a cleaning facility prior to 

movement for repair; 

(iv) Ensure that each rail carrier that 

will handle the defective rail car in 

transportation has been notified and 

will accept the non-conforming rail car 

for transportation; and 

(v) Ensure that shipping 

documentation transmitted to the initial 

rail carrier involved in the movement of 

the non-conforming shipment identifies 

that the rail car is moving under a OneTime Movement Approval. 

(3) Recordkeeping. The approval 

grantee is required to maintain a copy 

or an electronic image of the One-Time 

Movement Approval and must make the 

information available upon request to 

FRA personnel. The One-Time 

Movement Approval must be retained 

for one year from the date of issuance 

of the approval. 

(4) Routing. The approval grantee and 

the rail carrier(s) involved in the 

movement of the non-conforming rail 

car must consider the nature of the nonconformance and select the most 

appropriate route to the nearest cleaning 

facility and rail car repair facility 

capable of performing the required 

cleaning and/or repairs. 

(5) Root Cause Analysis. A 

recommended format for a root cause 

analysis report is provided as an 

Appendix in the FRA guidance on 

applying for a One-Time Movement 

Approval. 

(i) If FRA requires a root cause 

analysis for a non-conforming rail car, 

the grantee is responsible for notifying 

the rail car owner of the requirement 

and coordinating with the rail car owner 

to determine disposition of the rail car. 

(ii) If FRA requires a root cause 

analysis for an overloaded rail car, the 

grantee is responsible for notifying the 

facility that loaded and offered the rail 

car of the requirement to provide FRA 

with a root cause analysis. 

(e) Compliance Responsibility. (1) The 

person who offers the rail car into 

transportation and the grantee of the 

One-Time Movement Approval are 

responsible for ensuring compliance 

with all applicable requirements 

specified in this section and the OneTime Movement Approval. 

(2) FRA may issue written notification 

to any entity found to be non-compliant 

with the requirements of this section or 

the conditions of the One-Time 

Movement Approval. This written 

notification may require the entity to 

submit all future One-Time Movement 

Approval requests as a Category 1 OneTime Movement Approval regardless of 

the identified non-conforming condition 

with the rail car. This limitation will 

apply to the particular entity until 

otherwise notified in writing by the 

FRA. 

■ 44. Add § 174.58 to read as follows: 

§ 174.58 Residue shipment. 

As referenced in the § 171.8 definition 

of residue, the phrase ‘‘extent 

practicable’’ means an unloading facility 

has unloaded a bulk package using 


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properly functioning service equipment 

and plant process equipment. 

■ 45. Revise § 174.59 to read as follows: 

§ 174.59 Marking and placarding of rail 

cars. 

No person may transport a rail car 

carrying hazardous materials unless it is 

marked and placarded as required by 

this subchapter. Required placards lost 

in transit must be replaced at the nearest 

inspection point in the direction of 

travel where mechanical personnel 

responsible for inspections related to 49 

CFR parts 215 and 232 are on duty, and 

non-compliant placards must be 

removed at the next terminal in the 

direction of travel where the train is 

classified. For Canadian shipments, 

required placards lost in transit must be 

replaced either by those required by part 

172 of this subchapter or by those 

authorized under § 171.12. 

■ 46. In § 174.63, revise the section 

heading, and paragraphs (b), (c)(1), and 

(c)(2) to read as follows: 

§ 174.63 Requirements for rail transport of 

Portable tanks, IM portable tanks, IBCs, 

Large Packagings, cargo tanks, and multiunit tank car tanks in TOFC/COFC Service. 

* * * * * 

(b) A bulk packaging containing a 

hazardous material (including IM 101 

and IM 102 portable tanks when 

appropriate according to dimensions 

and weight distribution) may be 

transported inside a fully closed 

transport vehicle or fully closed freight 

container provided it is properly 

secured with a restraint system that will 

prevent it from changing position, 

sliding into other packages, or 

contacting the side or end walls 

(including doors) under conditions 

normally incident to transportation. 

(c) * * * 

(1)(i) The bulk packaging contains a 

material packaged in accordance with 

§§ 173.240, 173.241, 173.242, 173.243, 

or 173.247; or 

(ii) The bulk packaging contains a 

Division 2.2 material not specifically 

provided for in the § 173.315(a)(2) table 

and packaged in accordance with 

§ 173.315; 

(2) The bulk packaging must comply 

with the applicable requirements of the 

HMR concerning its specification, if 

applicable for the material it contains, 

and the rail car must comply with the 

applicable regulatory requirements for 

the type of rail car being used. 

* * * * * 

■ 47. Revise § 174.67 to read as follows: 

§ 174.67 Tank car transloading. 

(a) General requirements. (1) 

Transloading operations must be 

performed by hazmat employees who 

are properly trained in the loading and 

unloading of hazardous materials and 

are made responsible for compliance 

with this section and §§ 173.31(d) and 

(g) of this subchapter. 

(2) When placed for transloading and 

before unsecuring any closure, a tank 

car must be protected against motion or 

coupling in accordance with § 173.31(g). 

(3) [Reserved] 

(4) [Reserved] 

(5) The transloading facility operator 

must maintain and adhere to written 

safety procedures—such as those it may 

already be required to maintain 

pursuant to the Department of Labor’s 

Occupational Safety and Health 

Administration requirements in 29 CFR 

1910.119 and 1910.120—in a location 

where they are immediately available to 

hazmat employees responsible for the 

transloading operation. The procedures 

must include measures to address the 

safe handling and operation of the tank 

car and tank car service equipment, as 

well as account for physical and 

chemical properties of the lading being 

transloaded. At a minimum, the 

transloading procedures required by this 

paragraph must include provisions that 

address the following: 

(i) Temperature monitoring and 

pressure relief; 

(ii) Safe operation of the tank car for 

product loading or unloading; 

(iii) Proper disposal of used seals and 

other debris; 

(iv) Measures to avoid spillage of 

contents outside the tank; 

(v) Operation of tank car service 

equipment; 

(vi) Proper removal of product plugs 

that prevent adequate operation of the 

valves and equipment; and 

(vii) Proper tool maintenance 

measures including the types of tools to 

use, calibration, cleanliness, and 

instructions on use. 

(6) [Reserved] 

(b) [Reserved] 

(c) [Reserved] 

(d) [Reserved] 

(e) [Reserved] 

(f) [Reserved] 

(g) [Reserved] 

(h) Connections for transloading 

equipment must be securely attached 

before any valves are opened. 

(i) Throughout the entire period of 

transloading and while a tank car has 

transloading equipment attached, the 

facility operator must assure that the 

tank car is: 

(1) Attended by a designated hazmat 

employee who is physically present and 

who has an unobstructed view of the 

transloading operation; or 

(2) Monitored by a signaling system 

(e.g., video system, sensing equipment, 

or mechanical equipment) that is 

observed by a designated hazmat 

employee located either in the 

immediate area of the tank car or at a 

remote location within the facility, such 

as a control room. The signaling system 

must— 

(i) Provide a level of surveillance 

equivalent to that provided in paragraph 

(i)(1) of this section; and 

(ii) Provide immediate notification to 

a designated hazmat employee of any 

system malfunction or other emergency 

so that, if warranted, responsive actions 

may be initiated immediately. 

(j) Attendance is not required when 

piping is attached to a top outlet of a 

tank car, equipped with a protective 

housing required under § 179.100–12 of 

this subchapter, for transfer of lading 

under the following conditions: 

(1) All valves are tightly closed. 

(2) The piping is not connected to 

hose or other product transfer 

equipment and is fitted with a cap or 

plug of appropriate material and 

construction. 

(3) The piping extends no more than 

15.24 centimeters (6 inches) from the 

outer edge of the protective housing. 

(k) In the absence of the transloader, 

a tank car may stand with transloading 

connections attached when no product 

is being transferred under the following 

conditions: 

(1) The facility operator must 

designate a hazmat employee 

responsible for on-site monitoring of the 

transfer facility. The designated hazmat 

employee must be made familiar with 

the nature and properties of the product 

contained in the tank car; procedures to 

be followed in the event of an 

emergency; and, in the event of an 

emergency, have the ability and 

authority to take responsible actions. 

(2) When a signaling system is used 

in accordance with paragraph (i) of this 

section, the system must be capable of 

alerting the designated hazmat 

employee in the event of an emergency 

and providing immediate notification of 

any monitoring system malfunction. If 

the monitoring system does not have 

self-monitoring capability, the 

designated hazmat employee must 

check the monitoring system hourly for 

proper operation. 

(3) The tank car and facility shutoff 

valves must be secured in the closed 

position. 

(4) Brakes must be set, and wheels 

locked, in accordance with § 173.31(g) 

of this subchapter. 

(5) Access to the track must be 

secured in accordance with § 173.31(g) 

of this subchapter. 

(l) Once the transloading operation is 

complete, all tank car valves and 


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closures must be secured in accordance 

with § 173.31(d) of this subchapter. The 

tank car then must be inspected by a 

designated hazmat employee in 

accordance with § 173.31(d) of this 

subchapter before it is released to the 

rail carrier for continued movement. 

(m) Railroad defect cards may not be 

removed. 

(n) [Reserved] 

(o) [Reserved] 

■ 48. In § 174.81, revise paragraph 

(g)(3)(iv) to read as follows: 

§ 174.81 Segregation of hazardous 

materials. 

* * * * * 

(g) * * * 

(3) * * * 

(iv) ‘‘4’’ means detonators, detonating 

assemblies, and boosters with 

detonators may not be loaded in the 

same car with Division 1.1 and 1.2 

(explosive) materials (except other 

detonators, detonating assemblies, and 

boosters with detonators). 

* * * * * 

PART 176—CARRIAGE BY VESSEL 

■ 49. The authority citation for part 176 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 50. In § 176.2, revise the definition for 

‘‘Commandant’’ to read as follows: 

§ 176.2 Definitions. 

* * * * * 

Commandant (CG–ENG), USCG 

means the Chief, Office of Design and 

Engineering Standards, United States 

Coast Guard, Washington, DC 20593– 

7509. 

* * * * * 

■ 51. In § 176.84, revise paragraph (a) to 

read as follows: 

§ 176.84 Other requirements for stowage, 

cargo handling, and segregation for cargo 

vessels and passenger vessels. 

(a) General. When Column 10B of the 

§ 172.101 Table refers to a numbered or 

alpha-numeric stowage provision for 

water shipments, the meaning and 

requirements of that provision are set 

forth in this section. Terms in quotation 

marks are defined in § 176.83. Other 

terms used in the table in this section— 

such as ‘‘acids,’’ ‘‘chlorates,’’ and 

‘‘permanganates’’—indicate different 

chemical groups referred to here as 

segregation groups. Materials falling 

within a segregation group are 

considered to have certain similar 

chemical properties and, although not 

exhaustive in nature, the materials 

belonging to each group include those 

substances identified in section 3.1.4 of 

the IMDG Code (IBR, see § 171.7 of this 

subchapter), as set forth in § 176.83(m). 

Hazardous materials offered for 

transportation as limited quantities are 

not subject to the stowage codes 

assigned by Column 10B of the 

§ 172.101 Table (see § 172.101(k)). 

* * * * * 

■ 52. In § 176.340, revise paragraph (c) 

to read as follows: 

§ 176.340 Combustible liquids in portable 

tanks. 

* * * * * 

(c) Portable tanks approved by the 

Commandant (CG–ENG), USCG. 

■ 53. In § 176.905, add paragraph (i)(7) 

to read as follows: 

§ 176.905 Stowage of vehicles. 

* * * * * 

(i) * * * 

(7) The vehicle is stored incident to 

movement on shore within a single port 

area, including contiguous harbors. 

* * * * * 

PART 177—CARRIAGE BY PUBLIC 

HIGHWAY 

■ 54. The authority citation for part 177 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; sec. 112 

of Pub. L. 103–311, 108 Stat. 1673, 1676 

(1994); sec. 32509 of Pub. L. 112–141, 126 

Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97. 

■ 55. Revise § 177.801 to read as 

follows: 

§ 177.801 Unacceptable hazardous 

materials shipments. 

(a) No person may accept for 

transportation or transport by motor 

vehicle a forbidden material (see 

§ 173.21). 

(b) No person may accept for 

transportation or transport a hazardous 

material that is not classified, packaged, 

marked, labeled, or placarded, as 

applicable, in accordance with the 

requirements of this subchapter or by 

special permit. 

■ 56. In § 177.804, revise paragraph (a) 

to read as follows: 

§ 177.804 Compliance with Federal Motor 

Carrier Safety Regulations. 

(a) General. Motor carriers and other 

persons subject to this part must comply 

with 49 CFR part 383 and 49 CFR parts 

390 through 397 (excluding §§ 397.3 

and 397.9) when operating vehicles 

subject to those regulations. 

* * * * * 

■ 57. In § 177.816, revise paragraphs (c) 

and (d) to read as follows: 

§ 177.816 Driver Training. 

* * * * * 

(c) The training required by 

paragraphs (a) and (b) of this section 

may be satisfied by compliance with the 

current requirements for a Commercial 

Driver’s License (CDL) with a tank 

vehicle or hazardous materials 

endorsement if it appropriately covers 

the requirements in paragraph (a) and 

(b) of this section. 

(d) Training required by paragraphs 

(a) and (b) of this section must conform 

to the requirements of § 172.704(c) and 

(d) of this subchapter with respect to 

frequency and recordkeeping. 

■ 58. In § 177.835, revise paragraph (d) 

to read as follows: 

§ 177.835 Class 1 (explosive) materials. 

* * * * * 

(d) Multipurpose bulk trucks. When 

§ 172.101 of this subchapter specifies 

that Class 1 (explosive) materials may be 

transported in accordance with § 173.66 

of this subchapter (per special provision 

148 in § 172.102(c)(1)), these materials 

may be transported on the same vehicle 

with Division 5.1 (oxidizing) materials, 

or Class 8 (corrosive) materials, and/or 

Combustible Liquid, n.o.s., NA1993, 

only under the conditions and 

requirements set forth in IME Standard 

23 (IBR, see § 171.7 of this subchapter) 

and paragraph (g) of this section. A 

multipurpose bulk truck may not be 

transported with any cargo tank that is 

required to be marked or placarded 

under § 177.823. In addition, the 

segregation requirements in § 177.848 

do not apply. 

* * * * * 

■ 59. In § 177.837, revise paragraph (c) 

introductory text to read as follows: 

§ 177.837 Class 3 (flammable liquid) 

materials. 

* * * * * 

(c) Bonding and grounding cargo 

tanks before and during transfer of 

lading. A cargo tank motor vehicle that 

is preparing to transfer or is transferring 

any flammable liquid, combustible 

liquid, or a flammable liquid 

reclassified as a combustible liquid 

must be bonded and grounded as 

follows: 

* * * * * 

■ 60. In § 177.840, revise paragraphs (n), 

(r)(2), and (t) to read as follows: 

§ 177.840 Class 2 (gases) materials. 

* * * * * 

(n) Emergency shut down. If there is 

an unintentional release of product to 

the environment during unloading of a 

liquefied compressed gas, the qualified 

person unloading the cargo tank motor 

vehicle must promptly shut the internal 

or external self-closing stop valve or 

other primary means of closure, and 


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shut down all motive and auxiliary 

power equipment. 

* * * * * 

(r) * * * 

(2) The qualified person monitoring 

unloading must remain within arm’s 

reach of the mechanical means of 

closure for the internal or external selfclosing stop valve when the self-closing 

stop valve is open except for short 

periods when it is necessary to activate 

controls or monitor the receiving 

container. For chlorine cargo tank motor 

vehicles, the qualified person must 

remain within arm’s reach of a means to 

stop the flow of product except for short 

periods when it is necessary to activate 

controls or monitor the receiving 

container. 

* * * * * 

(t) Unloading without appropriate 

emergency discharge control equipment. 

Until a cargo tank motor vehicle is 

equipped with emergency discharge 

control equipment in conformance with 

§§ 173.315(n)(2) and 180.405(m)(1) of 

this subchapter, the qualified person 

attending the unloading operation must 

remain within arm’s reach of a means to 

close the internal or external self-closing 

stop valve when the self-closing stop 

valve is open except during short 

periods when the qualified person must 

activate controls or monitor the 

receiving container. For chlorine cargo 

tank motor vehicles, the qualified 

person must remain within arm’s reach 

of a means to stop the flow of product 

except for short periods when it is 

necessary to activate controls or monitor 

the receiving container. 

* * * * * 

■ 61. In § 177.841, revise paragraphs 

(e)(1) introductory text and (e)(2) to read 

as follows: 

§ 177.841 Division 6.1 (poisonous) 

materials and Division 2.3 (poisonous gas) 

materials. 

* * * * * 

(e) * * * 

(1) Except as provided in paragraph 

(e)(3) of this section, bearing or required 

to bear a POISON, POISON GAS, or 

POISON INHALATION HAZARD label 

or placard in the same motor vehicle 

with material that is marked as or 

known to be foodstuffs, feed, or edible 

material intended for consumption by 

humans or animals unless the 

poisonous material is packaged in 

accordance with this subchapter and is: 

* * * * * 

(2) Bearing or required to bear a 

POISON, POISON GAS, or POISON 

INHALATION HAZARD label in the 

driver’s compartment (including a 

sleeper berth) of a motor vehicle, 

including enclosed van trucks with no 

permanent barrier separating the driver 

from the cargo compartment; or 

* * * * * 

PART 178—SPECIFICATIONS FOR 

PACKAGINGS 

■ 62. The authority citation for part 178 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 63. In § 178.320, paragraph (a); 

■ a. Revise definitions of ‘‘cargo tank’’, 

‘‘cargo tank motor vehicle’’, and 

‘‘minimum thickness’’; and 

■ b. In alphabetical order, add 

definitions for ‘‘cargo tank motor 

vehicle certification date’’, 

‘‘component’’, ‘‘flexible connector’’, 

‘‘lading retention system’’, ‘‘lining’’, 

‘‘name plate’’, ‘‘original test date’’, 

‘‘sacrificial device’’, ‘‘shear section’’, 

and ‘‘specification plate’’. 

The revisions and additions read as 

follows: 

§ 178.320 General requirements applicable 

to all DOT Specification cargo tank motor 

vehicles. 

(a) * * * 

* * * * * 

Cargo tank: See § 171.8 of this 

subchapter for the definition. 

Cargo tank motor vehicle: See § 171.8 

of this subchapter for the definition. 

* * * * * 

Cargo tank motor vehicle certification 

date means the date stamped on the 

cargo tank motor vehicle specification 

plate, and represents the date the cargo 

tank motor vehicle manufacturer 

certifies that the cargo tank motor 

vehicle conforms in all respects with the 

specification requirements (including, 

but not limited to: rear-end protection 

devices, overturn protection devices, all 

other accident damage protection, and 

attachment to the vehicle), and the 

ASME Code, if applicable. 

* * * * * 

Component means any attachment to 

the cargo tank or cargo tank motor 

vehicle, including valves, piping, 

fittings, and hoses, that contain lading 

during loading, unloading, or 

transportation, or are required to be 

pressure- or leak-tested in accordance 

with the requirements of part 180 of this 

subchapter. 

* * * * * 

Flexible connector means a short 

component of a piping system, not 

exceeding 36 inches (.91 m) overall 

length, fabricated of flexible material, 

and equipped with suitable connections 

on both ends. Liquefied petroleum gas 

resistant rubber and fabric or metal, or 

a combination thereof, or all metal may 

be used. 

* * * * * 

Lading retention system means the 

cargo tank wall and any associated 

components or equipment that, if 

damaged, could result in the release of 

the contents of the package. 

Lining means an internal layer of 

different material covering the inside 

surface of the cargo tank. 

* * * * * 

Minimum thickness means the 

minimum required shell and head (and 

baffle and bulkhead when used as tank 

reinforcement) thickness needed to meet 

the specification. The minimum 

thickness is the greatest of the following 

values: (1)(i) For MC 330, MC 331, and 

MC 338 cargo tanks, the specified 

minimum thickness found in the 

applicable specification(s); or 

(ii) For DOT 406, DOT 407 and DOT 

412 cargo tanks, the specified minimum 

thickness found in Tables I and II of the 

applicable specification(s); or 

(iii) For MC 300, MC 301, MC 302, 

MC 303, MC 304, MC 305, MC 306, MC 

307, MC 310, MC 311, and MC 312 

cargo tanks, the in-service minimum 

thickness prescribed in Tables I and II 

of § 180.407(i)(5) of this subchapter, for 

the minimum thickness specified by 

Tables I and II of the applicable 

specification(s); or 

(2) The thickness necessary to meet 

with the structural integrity and 

accident damage requirements of the 

applicable specification(s); or 

(3) The thickness as computed per the 

ASME Code requirements (if 

applicable). 

* * * * * 

Name plate means a data plate 

permanently attached to the cargo tank 

by the cargo tank manufacturer for the 

purpose of displaying the minimum 

information required by the ASME Code 

prescribed in §§ 178.337–17(b), 

178.338–18(b), or 178.345–14(b) of this 

part, as appropriate. 

* * * * * 

Original test date means the date 

when the cargo tank manufacturer 

performed the pressure test, as required 

in part 178 of this subchapter, to verify 

the structural integrity of the cargo tank 

in accordance with the requirements for 

new construction prescribed in this 

part. 

* * * * * 

Sacrificial device means an element, 

such as a shear section, designed to fail 

under a load in order to prevent damage 

to any lading retention part or device. 

The device must break under strain at 

no more than 70 percent of the strength 

of the weakest piping element between 


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the cargo tank and the sacrificial device. 

Operation of the sacrificial device must 

leave the remaining piping and its 

attachment to the cargo tank intact and 

capable of retaining lading. 

* * * * * 

Shear section means a sacrificial 

device fabricated in such a manner as to 

abruptly reduce the wall thickness of 

the adjacent piping or valve material by 

at least 30 percent. 

* * * * * 

Specification plate means a data plate 

containing the applicable markings 

prescribed in §§ 178.337–17(c), 

178.338–18(c), or 178.345–14(c) of this 

part, as appropriate, and permanently 

attached to the cargo tank or the cargo 

tank motor vehicle chassis by the 

manufacturer. The markings on this 

plate are certification by the 

manufacturer that the cargo tank or the 

cargo tank motor vehicle conforms in all 

respects with the specification 

requirements of this subchapter. 

* * * * * 

■ 64. In § 178.337–1: 

■ a. Revise paragraph (d); and 

■ b. Remove the definition of ‘‘internal 

self-closing stop valve’’ in paragraph (g). 

The revision reads as follows: 

§ 178.337–1 General Requirements. 

* * * * * 

(d) Reflective design. Every 

uninsulated cargo tank permanently 

attached to a cargo tank motor vehicle 

shall, unless covered with a jacket made 

of aluminum, stainless steel, or other 

bright non-tarnishing metal, be white, 

aluminum, or a similar reflecting color 

on the upper two-thirds of area of the 

cargo tank. 

* * * * * 

■ 65. In § 178.337–2, revise paragraph 

(b)(2)(i) to read as follows: 

§ 178.337–2 Material. 

* * * * * 

(b) * * * 

(2) * * * 

(i) Material shall conform to ASTM A 

612 or ASTM A 516/A 516M (IBR, see 

§ 171.7 of this subchapter), Grade 65 or 

70; 

* * * * * 

■ 66. In § 178.337–3, revise paragraphs 

(g)(3) introductory text and (g)(3)(iii) to 

read as follows: 

§ 178.337–3 Structural integrity. 

* * * * * 

(g) * * * 

(3) Except as prescribed in paragraphs 

(g)(1) and (g)(2) of this section, the 

welding of any appurtenance to the 

cargo tank wall, internal or external, 

must be made by attachment of a 

mounting pad so that there will be no 

adverse effect upon the lading retention 

integrity of the cargo tank if any force 

less than that prescribed in paragraph 

(b)(1) of this section is applied from any 

direction. The thickness of the 

mounting pad may not be less than that 

of the shell wall or head wall to which 

it is attached, and not more than 1.5 

times the shell or head thickness. 

However, a pad with a minimum 

thickness of 0.25 inch may be used 

when the shell or head thickness is over 

0.25 inch. If weep holes or tell-tale holes 

are used, the pad must be drilled or 

punched at the lowest point before it is 

welded to the tank. Each pad must— 

* * * * * 

(iii) Extend at least two inches in each 

direction from any point of attachment 

of an appurtenance. 

* * * * * 

■ 67. In § 178.337–8, add paragraph 

(a)(4)(vii) to read as follows: 

§ 178.337–8 Openings, inlets, and outlets. 

(a) * * * 

(4) * * * 

(vii) Mechanical means of remote 

closure for manual operation must not 

be obstructed by equipment or 

appurtenances in a manner that 

prevents access to or operation of the 

remote means in an emergency. 

* * * * * 

■ 68. In § 178.337–9: 

■ a. Revise paragraphs (a)(3), (b) 

introductory text, (b)(1), and (b)(6); 

■ b. Remove and reserve paragraph 

(b)(7); and 

■ c. Add paragraph (e). 

The revisions and addition read as 

follows: 

§ 178.337–9 Pressure relief devices, 

piping, valves, hoses, and fittings. 

(a) * * * 

(3) Each pressure relief device must 

be designed, constructed, and marked 

for a rated pressure not less than the 

cargo tank design pressure at the 

temperature expected to be 

encountered. 

(b) Components and other pressure 

parts. The cargo tank motor vehicle 

manufacturer must ensure that all 

components meet the following 

requirements: 

(1) The burst pressure of all piping, 

pipe fittings, hose, and other pressure 

parts, except for pump seals and 

pressure relief devices, must be at least 

four times the MAWP of the cargo tank. 

Additionally, the burst pressure may not 

be less than four times any higher 

pressure to which each pipe, pipe 

fitting, hose, or other pressure part may 

be subjected to in service. For chlorine 

service, see paragraph (b)(8) of this 

section. 

* * * * * 

(6) Cargo tank motor vehicle 

manufacturers must demonstrate that all 

piping, valves, and fittings on a cargo 

tank are free from leaks. To meet this 

requirement, the piping, valves, and 

fittings must be tested after installation 

at not less than 80 percent of the MAWP 

marked on the name plate after the 

piping is installed on the cargo tank 

motor vehicle. 

(7) [Reserved]. 

* * * * * 

(e) Hose assembler requirements. A 

hose assembler must: 

(1) Permanently mark each hose 

assembly with a unique identification 

number. 

(2) Demonstrate that each hose 

assembly is free from leaks by 

performing the tests and inspections 

and issuing a written report as required 

by § 180.416(f) of this subchapter. 

(3) Mark each hose assembly with the 

month and year of its original pressure 

test. 

■ 69. In § 178.337–10, revise paragraph 

(c)(1) to read as follows: 

§ 178.337–10 Accident damage protection. 

* * * * * 

(c) * * * 

(1) Consist of at least one rear bumper 

designed to protect the cargo tank and 

all components located at the rear of the 

cargo tank from damage that could 

result in loss of lading in the event of 

a rear-end collision. The bumper design 

must transmit the force of the collision 

directly to the chassis of the vehicle. 

The rear bumper and its attachments to 

the chassis must be designed to 

withstand a load equal to twice the 

weight of the loaded cargo tank motor 

vehicle and attachments, using a safety 

factor of four based on the tensile 

strength of the materials used, with such 

load being applied horizontally and 

parallel to the major axis of the cargo 

tank. The rear bumper dimensions must 

also meet the requirements of § 393.86 

of this title. The exception in § 393.86 

for wheels back vehicles does not apply; 

or 

* * * * * 

■ 70. In § 178.337–17, revise paragraphs 

(a) introductory text and (a)(4) to read as 

follows: 

§ 178.337–17 Marking. 

(a) General. The manufacturer shall 

permanently attach to each cargo tank a 

corrosion-resistant metal name plate 

(ASME Plate), if applicable, and a 

specification plate permanently 

attached by brazing, welding, or other 


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suitable means on the left side of the 

vehicle near the front, in a place 

accessible for inspection. If the 

specification plate is attached directly to 

the cargo tank wall by welding, it must 

be welded to the tank before the cargo 

tank is postweld heat treated. 

* * * * * 

(4) The specification plate must be 

permanently attached to the cargo tank 

or its integral supporting structure by 

brazing, welding, or other suitable 

means on the left side of the vehicle 

near the front head, in a place accessible 

for inspection. If the specification plate 

is attached to an integral supporting 

structure, then the cargo tank serial 

number assigned by the cargo tank 

manufacturer must be included on the 

plate. 

* * * * * 

■ 71. Revise § 178.337–18, revise 

paragraphs (a) introductory text, (a)(1), 

(a)(3), and (a)(4) to read as follows: 

§ 178.337–18 Certification. 

(a) At or before the time of delivery, 

the cargo tank motor vehicle 

manufacturer must supply and the 

owner must obtain, a cargo tank’s ASME 

Form U–1A data report as required by 

Section VIII of the ASME Code (IBR, see 

§ 171.7 of this subchapter), and a 

Certificate of Compliance stating that 

the completed cargo tank motor vehicle 

conforms in all respects to Specification 

MC 331 and the ASME Code. The 

registration numbers of the 

manufacturer, the Design Certifying 

Engineer, and the Registered Inspector, 

as appropriate, must appear on the 

Certificates of Compliance (see subpart 

F, part 107 in subchapter A of this 

chapter). 

(1) For each design type, the 

Certificate of Compliance must be 

signed by an official of the manufacturer 

responsible for compliance and a Design 

Certifying Engineer; and 

* * * * * 

(3) When a cargo tank motor vehicle 

is manufactured in two or more stages, 

each manufacturer who performs a 

manufacturing operation on the 

incomplete cargo tank motor vehicle or 

portion thereof must provide to the 

succeeding manufacturer, at or before 

the time of delivery, a certificate that 

states the function performed by the 

manufacturer, including any certificates 

received from previous manufacturers, 

Registered Inspectors, and Design 

Certifying Engineers. When the cargo 

tank motor vehicle is brought into full 

compliance with the applicable DOT 

specification and the ASME Code, the 

final manufacturer must mark the 

specification plate with the cargo tank 

motor vehicle certification date and 

attach the specification plate to the 

completed cargo tank motor vehicle in 

accordance with § 178.337–17(a) of this 

part. 

(4) Specification shortages. When a 

cargo tank motor vehicle is 

manufactured in two or more stages, the 

manufacturer of the cargo tank must 

attach the name plate and specification 

plate as required by § 178.337–17(a) and 

(b) without the original date of 

certification stamped on the 

specification plate. Prior manufacturers 

must list the specification requirements 

that are not completed on the Certificate 

of Compliance. When the cargo tank 

motor vehicle is brought into full 

compliance with the applicable 

specification, the Registered Inspector 

shall stamp the date of certification on 

the specification plate and issue a 

Certificate of Compliance to the owner 

of the cargo tank motor vehicle. The 

Certificate of Compliance must list the 

actions taken to bring the cargo tank 

motor vehicle into full compliance. In 

addition, the certificate must include 

the date of certification and the person 

(manufacturer, carrier or repair 

organization) accomplishing 

compliance. 

* * * * * 

■ 72. In § 178.338–3, revise paragraphs 

(g)(3) introductory text and (g)(3)(iii) to 

read as follows: 

§ 178.338–3 Structural integrity. 

* * * * * 

(g) * * * 

(3) Except as prescribed in paragraphs 

(g)(1) and (g)(2) of this section, the 

welding of any appurtenance to the 

cargo tank wall, internal or external, 

must be made by attachment of a 

mounting pad so that there will be no 

adverse effect upon the lading retention 

integrity of the cargo tank if any force 

less than that prescribed in paragraph 

(b)(1) of this section is applied from any 

direction. The thickness of the 

mounting pad may not be less than that 

of the shell wall or head wall to which 

it is attached, and not more than 1.5 

times the shell or head thickness. 

However, a pad with a minimum 

thickness of 0.187 inch may be used 

when the shell or head thickness is over 

0.187 inch. If weep holes or tell-tale 

holes are used, the pad must be drilled 

or punched at the lowest point before it 

is welded to the tank. Each pad must: 

* * * * * 

(iii) Extend at least two inches in each 

direction from any point of attachment 

of an appurtenance. 

* * * * * 

■ 73. In § 178.338–10, revise paragraph 

(c)(1) to read as follows: 

§ 178.338–10 Accident damage protection. 

* * * * * 

(c) * * * 

(1) Consist of at least one rear bumper 

designed to protect the cargo tank and 

all components located at the rear of the 

cargo tank from damage that could 

result in loss of lading in the event of 

a rear-end collision. The bumper design 

must transmit the force of the collision 

directly to the chassis of the vehicle. 

The rear bumper and its attachments to 

the chassis must be designed to 

withstand a load equal to twice the 

weight of the loaded cargo tank motor 

vehicle and attachments, using a safety 

factor of four based on the tensile 

strength of the materials used, with such 

load being applied horizontally and 

parallel to the major axis of the cargo 

tank. The rear bumper dimensions must 

also meet the requirements of § 393.86 

of this title. The exception in § 393.86 

for wheels back vehicles does not apply; 

or 

* * * * * 

■ 74. In § 178.338–11, add paragraph 

(c)(2)(iii) to read as follows: 

§ 178.338–11 Discharge control devices. 

* * * * * 

(c) * * * 

(2) * * * 

(iii) Mechanical means of remote 

closure for manual operation must not 

be obstructed by equipment or 

appurtenances in a manner that 

prevents access to or operation of the 

remote means in an emergency. 

■ 

75. In § 178.338–18, revise paragraphs 

(a) introductory text and (a)(4) to read as 

follows: 

§ 178.338–18 Marking. 

(a) General. The manufacturer shall 

permanently attach to each cargo tank a 

corrosion-resistant metal name plate 

(ASME Plate), if applicable, and a 

specification plate permanently 

attached by brazing, welding, or other 

suitable means on the left side of the 

vehicle near the front, in a place 

accessible for inspection. If the 

specification plate is attached directly to 

the cargo tank wall by welding, it must 

be welded to the tank before the cargo 

tank is postweld heat treated. 

* * * * * 

(4) The specification plate must be 

permanently attached to the cargo tank 

or its integral supporting structure, by 

brazing, welding, or other suitable 

means on the left side of the vehicle 

near the front head, in a place accessible 

for inspection. If the specification plate 


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is attached to an integral supporting 

structure, then the cargo tank serial 

number assigned by the cargo tank 

manufacturer must be included on the 

plate. 

* * * * * 

■ 76. Revise § 178.338–19 to read as 

follows: 

§ 178.338–19 Certification. 

(a) At or before the time of delivery, 

the cargo tank motor vehicle 

manufacturer must supply and the 

owner must obtain, a cargo tank’s ASME 

Form U–1A data report as required by 

Section VIII of the ASME Code (IBR, see 

§ 171.7 of this subchapter), and a 

Certificate of Compliance stating that 

the completed cargo tank motor vehicle 

conforms in all respects to Specification 

MC 338 and the ASME Code. The 

registration numbers of the 

manufacturer, the Design Certifying 

Engineer, and the Registered Inspector, 

as appropriate, must appear on the 

Certificates of Compliance (see subpart 

F, part 107 in subchapter B of this 

chapter). 

(1) For each design type, the 

Certificate of Compliance must be 

signed by an official of the manufacturer 

responsible for compliance and a Design 

Certifying Engineer; and 

(2) A photograph, pencil rub, or other 

facsimile of the plates required by 

paragraphs (a) and (b) of § 178.338–18. 

(3) When a cargo tank motor vehicle 

is manufactured in two or more stages, 

each manufacturer who performs a 

manufacturing operation on the 

incomplete cargo tank motor vehicle or 

portion thereof must provide to the 

succeeding manufacturer, at or before 

the time of delivery, a certificate that 

states the function performed by that 

manufacturer, including any certificates 

received from previous manufacturers, 

Registered Inspectors, and Design 

Certifying Engineers. When the cargo 

tank motor vehicle is brought into full 

compliance with the applicable DOT 

specification and the ASME Code, the 

final manufacturer must mark the 

specification plate with the cargo tank 

motor vehicle certification date and 

attach the specification plate to the 

completed cargo tank motor vehicle in 

accordance with § 178.338–18(a) of this 

part. 

(b) The owner shall retain the data 

report, certificates, and related papers 

throughout his ownership of the cargo 

tank motor vehicle and for at least one 

year thereafter; and in the event of 

change of ownership, retention by the 

prior owner of non-fading 

photographically reproduced copies 

will be deemed to satisfy this 

requirement. Each motor carrier using 

the cargo tank motor vehicle, if not the 

owner thereof, shall obtain a copy of the 

data report and the Certificate(s) of 

Compliance, and retain them during the 

time the carrier uses the cargo tank 

motor vehicle and for at least one year 

thereafter. 

(c) [Reserved] 

■ 77. In § 178.345–1, revise paragraph 

(c) to read as follows: 

§ 178.345–1 General requirements. 

* * * * * 

(c) Definitions. See § 178.320(a) for 

the definition of certain terms used in 

§§ 178.345, 178.346, 178.347, and 

178.348. 

* * * * * 

■ 78. In § 178.345–3, revise paragraphs 

(f) introductory text, (f)(3) introductory 

text, and (f)(3)(iii) to read as follows: 

§ 178.345–3 Structural integrity. 

* * * * * 

(f) The design, construction, and 

installation of an attachment, 

appurtenance to a cargo tank, structural 

support member between the cargo tank 

and the vehicle of suspension 

component, or accident protection 

device must conform to the following 

requirements: 

* * * * * 

(3) Except as prescribed in paragraphs 

(f)(1) and (f)(2) of this section, the 

welding of any appurtenance to the 

cargo tank wall, internal or external, 

must be made by attachment of a 

mounting pad so that there will be no 

adverse effect upon the lading retention 

integrity of the cargo tank if any force 

less than that prescribed in paragraph 

(b)(1) of this section is applied from any 

direction. The thickness of the 

mounting pad may not be less than that 

of the shell wall or head wall to which 

it is attached, and not more than 1.5 

times the shell or head thickness. 

However, a pad with a minimum 

thickness of 0.187 inch may be used 

when the shell or head thickness is over 

0.187 inch. If weep holes or tell-tale 

holes are used, the pad must be drilled 

or punched at the lowest point before it 

is welded to the tank. Each pad must: 

* * * * * 

(iii) Extend at least two inches in each 

direction from any point of attachment 

of an appurtenance. 

* * * * * 

■ 79. In § 178.345–8, revise paragraph 

(d) to read as follows: 

§ 178.345–8 Accident damage protection. 

* * * * * 

(d) Rear-end tank protection. Each 

cargo tank motor vehicle must be 

provided with a rear-end tank 

protection device to protect the cargo 

tank and piping in the event of a rearend collision and reduce the likelihood 

of damage that could result in the loss 

of lading. Nothing in this paragraph 

relieves the manufacturer of 

responsibility for complying with the 

requirements of § 393.86 of this title 

and, if applicable, paragraph (b) of this 

section. The rear-end tank protection 

device must conform to the following 

requirements: 

(1) For cargo tanks constructed with 

any component at the rear of the cargo 

tank motor vehicle: 

(i) For any component on the same 

horizontal plane as the rear-end 

protection device, the device must be 

designed so that it can deflect at least 

six inches horizontally forward from the 

device’s inboard surface without 

contacting the component; 

(ii) For any component not on the 

same horizontal plane as the rear-end 

cargo tank protection device, the device 

must be designed so that it can deflect 

at least six inches horizontally forward 

from the device’s outboard surface or 

with a vertical plane passing through 

the device’s outboard surface without 

contacting the component. 

(2) The dimensions of the rear-end 

cargo tank protection device shall 

conform to the following: 

(i) The bottom surface of the rear-end 

protection device must be at least four 

inches below the lower surface of any 

part at the rear of the cargo tank motor 

vehicle that contains lading during 

transit and not more than 60 inches 

from the ground when the vehicle is 

empty. 

(ii) The maximum width of a notch, 

indentation, or separation between 

sections of a rear-end cargo tank 

protection device may not exceed 24 

inches. A notched, indented, or 

separated rear-end protection device 

may be used only when the piping at 

the rear of the cargo tank is equipped 

with a sacrificial device outboard of a 

shut-off valve. 

(iii) The widest part of the motor 

vehicle at the rear may not extend more 

than 18 inches beyond the outermost 

ends of the device or (if separated) 

devices on either side of the vehicle. 

(3) The structure of the rear-end 

protection device and its attachment to 

the cargo tank motor vehicle must be 

designed to satisfy the conditions 

specified in paragraph (d)(1) of this 

section when subjected to an impact of 

the cargo tank motor vehicle at the gross 

vehicle weight rating at a deceleration of 

two ‘‘g.’’ Such impact must be 

considered as being uniformly applied 

in the horizontal plane at an angle of 10 

degrees or less to the longitudinal axis 


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of the vehicle. The structures supporting 

the rear-end protection device, 

including the frame and the attachments 

to the frame must also be capable of 

withstanding the two ‘‘g’’ load. 

* * * * * 

■ 80. In § 178.345–11: 

■ a. Revise paragraph (b)(1)(ii); and 

■ b. Add paragraph (b)(1)(iv). 

The revision and addition read as 

follows: 

§ 178.345–11 Tank outlets. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) If the actuating system is 

accidentally damaged, sheared off 

during transportation, or fails, each 

loading/unloading outlet must remain 

securely closed and capable of retaining 

lading. 

* * * * * 

(iv) Mechanical means of remote 

closure for manual operation must not 

be obstructed by equipment or 

appurtenances in a manner that 

prevents access to or operation of the 

remote means in an emergency. 

* * * * * 

■ 81. In § 178.345–13, revise paragraph 

(a) to read as follows: 

§ 178.345–13 Pressure and leakage tests. 

(a) Cargo tank motor vehicle 

manufacturers must perform a pressure 

and leakage test in accordance with this 

section and §§ 178.346–5, 178.347–5, or 

178.348–5. The leakage test shall be 

performed after the piping is installed 

on the cargo tank motor vehicle. 

* * * * * 

■ 82. In § 178.345–14, revise paragraphs 

(a), (b)(3), (c)(6), (c)(7), and (d) to read 

as follows: 

§ 178.345–14 Marking. 

(a) General. The manufacturer shall 

certify that each cargo tank motor 

vehicle has been designed, constructed, 

and tested in accordance with the 

applicable Specification DOT 406, DOT 

407 or DOT 412 (§§ 178.345, 178.346, 

178.347, 178.348) cargo tank 

requirements and, when applicable, 

with Section VIII of the ASME Code 

(IBR, see § 171.7 of this subchapter). The 

certification shall be accomplished by 

marking the cargo tank as prescribed in 

paragraphs (b) and (c) of this section, 

and by preparing the certificate 

prescribed in § 178.345–15. Metal plates 

prescribed by paragraphs (b), (c), (d), 

and (e) of this section must be 

permanently attached to the cargo tank 

or its integral supporting structure by 

brazing, welding, or other suitable 

means. These plates must be affixed on 

the left side of the vehicle near the front 

of the cargo tank (or the front most cargo 

tank of a multi-cargo tank motor 

vehicle), in a place readily accessible for 

inspection. The plates must be 

permanently and plainly marked in 

English by stamping, embossing, or 

other means in characters at least 3/16 

inch high. If the information required by 

this section is displayed on a name 

plate, the information need not be 

repeated on the specification plate. The 

information required by paragraphs (b) 

and (c) of this section may be combined 

on one plate. 

(b) * * * 

(3) Cargo tank MAWP in psig. 

* * * * * 

(c) * * * 

(6) Maximum loading rate in gallons 

per minute (Max. Load rate, GPM). 

‘‘NONE’’ may be used to indicate no 

limit. 

(7) Maximum unloading rate in 

gallons per minute (Max. Unload rate). 

‘‘OPEN MH’’ or ‘‘NONE’’ may be used 

to indicate no limit. 

* * * * * 

(d) Multi-cargo tank motor vehicle. 

For a multi-cargo tank motor vehicle 

having all its cargo tanks not separated 

by any void, the information required by 

paragraphs (b) and (c) of this section 

may be combined on one specification 

plate. When separated by a void, each 

cargo tank must have an individual 

name plate as required in paragraph (b) 

of this section, unless all cargo tanks are 

made by the same manufacturer using 

the same design type, as defined in 

§ 178.320. The cargo tank motor vehicle 

may have a combined name plate and 

specification plate. When only one plate 

is used, the plate must be visible and 

not covered by insulation. The required 

information must be listed on the plate 

from front to rear in the order of the 

corresponding cargo tank location. 

* * * * * 

■ 83. In § 178.345–15, revise paragraphs 

(a), (b)(1), and (e) to read as follows: 

§ 178.345–15 Certification. 

(a) At or before the time of delivery, 

the cargo tank motor vehicle 

manufacturer must supply and the 

owner must obtain, a cargo tank’s ASME 

Form U–1A data report as required by 

Section VIII of the ASME Code (IBR, see 

§ 171.7 of this subchapter), and a 

Certificate of Compliance stating that 

the completed cargo tank motor vehicle 

conforms in all respects to the DOT 

specification and the ASME Code. The 

registration numbers of the 

manufacturer, the Design Certifying 

Engineer, and the Registered Inspector, 

as appropriate, must appear on the 

certificates (see subpart F, part 107 in 

subchapter A of this chapter). 

(b) * * * 

(1) For each design type, the 

Certificate of Compliance must be 

signed by an official of the manufacturer 

responsible for compliance and a Design 

Certifying Engineer; and 

* * * * * 

(e) Specification shortages. When a 

cargo tank motor vehicle is 

manufactured in two or more stages, the 

manufacturer of the cargo tank must 

attach the name plate and specification 

plate as required by §§ 178.345–14(b) 

and (c) without the original date of 

certification stamped on the 

specification plate. Prior manufacturers 

must list the specification requirements 

that are not completed on the Certificate 

of Compliance. When the cargo tank 

motor vehicle is brought into full 

compliance with the applicable 

specification, the Registered Inspector 

shall stamp the date of certification on 

the specification plate and issue a 

Certificate of Compliance to the owner 

of the cargo tank motor vehicle. The 

Certificate of Compliance must list the 

actions taken to bring the cargo tank 

motor vehicle into compliance. In 

addition, the certificate must include 

the date of compliance and person 

(manufacturer, carrier, or repair 

organization) accomplishing 

compliance. 

■ 84. In § 178.348–1, revise paragraphs 

(d) and (e) to read as follows: 

§ 178.348–1 General requirements. 

* * * * * 

(d) A cargo tank motor vehicle built 

to this specification with a MAWP 

greater than 15 psig must be constructed 

and certified in accordance with Section 

VIII of the ASME Code (IBR, see § 171.7 

of this subchapter). 

(e) A cargo tank motor vehicle built to 

this specification with a MAWP of 15 

psig or less must be constructed in 

accordance with Section VIII of the 

ASME Code except as modified herein: 

(1) The recordkeeping requirements 

contained in Section VIII of the ASME 

Code do not apply. Parts UG–90 through 

94 in Section VIII do not apply. 

Inspection and certification must be 

made by an inspector registered in 

accordance with subpart F of part 107. 

(2) Loadings must be as prescribed in 

§ 178.345–3 of this part. 

(3) The knuckle radius of flanged 

heads must be at least three times the 

material thickness, and in no case less 

than 0.5 inch. Stuffed (inserted) heads 

may be attached to the shell by a fillet 

weld. The knuckle radius and dish 

radius versus diameter limitations of 

UG–32 do not apply for cargo tank 


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motor vehicles with a MAWP of 15 psig 

or less. Shell sections of cargo tanks 

designed with a non-circular cross 

section need not be given a preliminary 

curvature, as prescribed in UG–79(b). 

(4) Marking, certification, data 

reports, and name plates must be as 

prescribed in §§ 178.345–14 and 

178.345–15. 

(5) Manhole closure assemblies must 

conform to § 178.345–5. 

(6) Pressure relief devices must be as 

prescribed in § 178.348–4. 

(7) The hydrostatic or pneumatic test 

must be as prescribed in § 178.348–5. 

(8) The following paragraphs in parts 

UG and UW in Section VIII of the ASME 

Code do not apply: UG–11, UG–12, UG– 

22(g), UG–32(e), UG–34, UG–35, UG–44, 

UG–76, UG–77, UG–80, UG–81, UG–96, 

UG–97, UW–13(b)(2), UW–13.1(f), and 

the dimensional requirements found in 

Figure UW–13.1. 

PART 179—SPECIFICATIONS FOR 

TANK CARS 

■ 85. The authority citation for part 179 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 86. In § 179.2: 

■ a. Revise paragraphs (a) introductory 

text, and (a)(2); 

■ b. Add paragraphs (a)(4) and (a)(9); 

and 

■ c. Revise paragraph (a)(10). 

The revisions and addition read as 

follows: 

§ 179.2 Definitions and abbreviations. 

(a) In addition to the definitions in 

§§ 171.8 and 180.503 of this subchapter, 

the following definitions apply to part 

179: 

* * * * * 

(2) Approved means approval by a 

Design Certifying Engineer registered in 

accordance with part 107, subpart J. 

* * * * * 

(4) Component means service 

equipment, safety systems, linings or 

coatings, other elements specifically 

required by this part, and any elements 

used to achieve a performance standard 

in this part. 

* * * * * 

(9) Tank car means a tank car tank 

and all of its components. 

(10) Tank car facility means an entity 

that qualifies a tank car to ensure its 

conformance to part 179 or part 180 of 

this subchapter. A tank car facility must 

register with PHMSA in accordance 

with part 107, subpart J, of this chapter. 

* * * * * 

■ 87. Revise § 179.3 to read as follows: 

§ 179.3 Design Approval. 

(a) General. A Design Certifying 

Engineer registered in accordance with 

part 107, subpart J, must approve the 

following as conforming with the 

specifications in this part: 

(1) Tank car designs, materials and 

construction, and modifications; and 

(2) Service equipment designs, 

materials and construction, and 

modifications. 

(b) Procedure. The Design Certifying 

Engineer must develop, maintain, and 

adhere to a written procedure that 

describes the process used to verify 

conformance with this subchapter. This 

procedure must be provided to a 

representative of the Department upon 

request. The procedure must include 

acceptance and rejection criteria for 

each element approved by the Design 

Certifying Engineer. 

(c) Approval. When the Design 

Certifying Engineer determines such 

tank cars or service equipment are in 

compliance with the requirements of 

this subchapter, the Design Certifying 

Engineer will approve the design, 

material and construction, or 

modification. 

(d) Documentation. Upon approval of 

the design, material and construction, or 

modification, the Design Certifying 

Engineer shall generate and provide to 

the tank car or service equipment owner 

a Design Approval Certificate (see 

§ 179.5). A Design Approval Certificate 

certifies that the tank car or service 

equipment fully conforms to all 

requirements of the specification. 

(1) A Design Approval Certificate 

covers all tank cars or service 

equipment built to an approved design, 

material and construction, or 

modification, provided the tank cars or 

service equipment are identical. 

(2) When ownership of a tank car is 

transferred, the new owner must obtain 

the Design Approval Certificate from the 

previous owner or Design Certifying 

Engineer for the tank car to remain in 

service. 

■ 88. Revise § 179.4 to read as follows: 

§ 179.4 Changes in specifications for tank 

cars. 

(a) Proposed changes in or additions 

to specifications for tanks must be 

submitted to a Design Certifying 

Engineer for review. Construction 

should not be started until the 

specification has been approved and a 

special permit has been issued. When 

proposing a new specification, the 

applicant shall furnish information to 

the Design Certifying Engineer to justify 

a new specification. This data should 

include the properties of the lading and 

the method of loading and unloading. 

(b) The Design Certifying Engineer 

will review the proposed specifications 

at its earliest convenience and report its 

recommendations on the approval or 

disapproval of the specification to the 

designer of the new tank car 

specification. The recommendation will 

be considered by the Department in 

determining appropriate action. 

■ 89. Revise § 179.5 to read as follows: 

§ 179.5 Design Approval Certificate. 

(a) General. Before a tank car is placed 

in service, the Design Certifying 

Engineer shall provide a Design 

Approval Certificate to the tank car or 

service equipment owner certifying that 

the tank or service equipment fully 

conforms to all requirements of the 

specification. 

(b) Tank car information. The Design 

Approval Certificate for tank cars must 

include the following information, as 

applicable: 

(1) Name, registration number, phone 

number, and mailing address of Design 

Certifying Engineer; 

(2) Approval date; 

(3) Tank specification; 

(4) Tank car specification; 

(5) Reporting marks and numbers; 

(6) Commodity; 

(7) Commodity density (lbs. per 

Gallon); 

(8) Full water capacity (Gallons); 

(9) Outage (Gallons); 

(10) Tank head; 

(i) Material type and grade heads; 

(ii) Head material normalized 

(Indicate Yes/No); 

(iii) Tank head spliced (Indicate Yes/ 

No); 

(iv) Head Charpy test value; 

(v) Material thickness heads (Inches); 

and 

(vi) Head radius, main (Inches if not 

2:1). 

(11) Tank shell; 

(i) Material type and grade shell; 

(ii) Tank shell material normalized 

(Indicate Yes/No); 

(iii) Shell Charpy test value; 

(iv) Material thickness shell (Inches); 

(v) Inside diameter—center (Inches); 

and 

(vi) Inside diameter—end rings 

(Inches). 

(12) Coating/lining type and 

thickness; 

(13) Tank test pressure (PSI); 

(14) Insulation material; 

(i) Insulation type; 

(ii) Insulation thickness (Inches); and 

(iii) Thermal conductivity (BTU—in/ 

hr.—ft sq.—degree F). 

(15) Thermal protection; 

(i) Thermal protection material type; 

(ii) Thermal protection material 

thickness (Inches); 


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(iii) Thermal protection material 

conductivity (BTU—in/hr.—ft sq.— 

degree F); 

(iv) Jacket thickness; and 

(v) Meets § 179.18 thermal protection 

standard (Indicate Yes/No). 

(16) Safety relief devices; 

(i) Type of safety relief device; 

(ii) Number of safety relief devices; 

(iii) Pressure relief device start-todischarge (PSI); 

(iv) Pressure relief device flow 

capacity (CFM Required); and 

(v) Pressure relief device flow 

capacity (CFM Actual). 

(17) Protective systems; 

(i) Meets bottom fitting protection 

standard (Indicate Yes/No); 

(ii) Meets top fittings protection 

standard (Indicate Yes/No); and 

(iii) Meets tank head puncture 

resistance standard (Indicate Yes/No); 

(A) Head shield thickness (Inches); 

and 

(B) Head shield material type. 

(18) Underframe or stub sill type; and 

(19) Weight; 

(i) Center of gravity loaded (Inches); 

(ii) Estimated light weight (lbs.); 

(iii) Rail load limit (lbs.); and 

(iv) Truck capacity (Tons). 

(20) Signed Certification Statement. A 

certification shall not be considered 

valid without a signature and certifying 

statement by a registered Design 

Certifying Engineer. The following 

statement may be used for tank car 

certifications: 

‘‘I,______ [insert Design Certifying 

Engineer name], have reviewed the 

above design(s) for a DOT______[insert 

DOT specification] tank car(s) and 

certify compliance in all respects with 

the specification requirements found in 

49 CFR part 179. 

________[Design Certifying Engineer 

Signature]’’ 

(c) Tank Car Drawings. The Design 

Approval Certificate must include the 

following detailed design drawings for 

tank cars: 

(1) General arrangement; 

(2) Tank arrangement; 

(3) Reinforced openings, including 

calculations; 

(4) Anchorage, including calculations; 

(5) Fittings arrangement; 

(6) Manway assembly; 

(7) Manway cover; 

(8) Protective housing; 

(9) Venting, loading, and discharge 

valves; 

(10) Pressure relief devices; 

(11) Heater systems; 

(12) Gauging devices; 

(13) Bottom outlet valve; 

(14) Design calculations; 

(15) Gasket drawing; and 

(16) Tank qualification drawing. 

(d) Service Equipment Information. 

The Design Approval Certificate must 

include the following information for 

service equipment, as applicable: 

(1) Description of device; 

(i) Manufacturer; 

(ii) Model; and 

(iii) Design revision date. 

(2) Approval date; 

(3) Commodity; 

(4) Construction; 

(i) Material of construction; 

(ii) Construction method; and 

(iii) Seal material. 

(5) Design operating temperature; 

(6) Operating pressure range at design 

temperature (PSI); and 

(7) Signed Certification Statement. A 

certification shall not be considered 

valid without a signature and certifying 

statement by a registered Design 

Certifying Engineer. The following 

statement may be used for service 

equipment certifications: 

‘‘I,______[insert Design Certifying 

Engineer name], have reviewed the 

above design for______[insert service 

equipment make and model] and it 

complies in all respects with the 

requirements found in 49 CFR part 179. 

________[Design Certifying Engineer 

Signature]’’ 

(e) Service Equipment Drawings. The 

Design Approval Certificate must 

include the following detailed design 

drawings for service equipment: 

(1) Dimensional drawing; 

(2) Securement drawing; and 

(3) Design calculations. 

(f) Service Equipment Validation. The 

Design Approval Certificate must 

include the following service equipment 

validation reports: 

(1) Life cycle testing results; 

(2) Failure modes and effects analysis; 

and 

(3) Other applicable laboratory testing 

results. 

■ 90. Revise § 179.6 to read as follows: 

§ 179.6 Repairs and alterations. 

For procedures to make repairs or 

alterations, see Appendix R of the AAR 

Specifications for Tank Cars (IBR, see 

§ 171.7 of this subchapter). Compliance 

with paragraphs 1.1; 1.2; 3.2; 3.3; 3.4; 

and 5.5 is not required. For all repairs 

not specifically described in Appendix 

R of the AAR Specifications for Tank 

Cars, approval by a Design Certifying 

Engineer is required. 

■ 91. In § 179.7, revise paragraph (a) 

introductory text, (a)(2), (b) introductory 

text, (b)(3) through (5), (b)(8), (d) and (f) 

to read as follows: 

§ 179.7 Quality assurance program. 

(a) A tank car facility must register 

with PHMSA in accordance with part 

107, subpart J, of this chapter. At a 

minimum, each tank car facility shall 

have a quality assurance program that— 

* * * * * 

(2) Has the means to detect any 

nonconformity in the manufacturing, 

inspection, testing, qualification, or 

maintenance of the tank car; and 

* * * * * 

(b) At a minimum, the quality 

assurance program must have the 

following elements: 

* * * * * 

(3) Procedures to ensure that the latest 

applicable drawings, design 

calculations, specifications, and 

instructions are used in manufacture, 

inspection, testing, qualification and 

maintenance. 

(4) Procedures to ensure that all 

materials and components used in the 

fabrication and construction of a tank 

car are properly identified and 

documented, and meet applicable 

design requirements. 

(5) A description of the 

manufacturing, inspection, testing, and 

qualification and maintenance program, 

including the acceptance criteria, so that 

an inspector can identify the 

characteristics of the tank car and the 

elements to inspect, examine, and test at 

each point. 

* * * * * 

(8) Provisions indicating that the 

applicable requirements of the AAR 

Specifications for Tank Cars (IBR, see 

§ 171.7 of this subchapter), apply. 

* * * * * 

(d) Each tank car facility shall provide 

written procedures to its employees to 

ensure that the work on the tank car 

conforms to the specification, approval, 

and owner’s acceptance criteria. 

* * * * * 

(f) No tank car facility may 

manufacture, inspect, test, qualify, or 

maintain tank cars subject to 

requirements of this subchapter, unless 

it is operating in conformance with a 

quality assurance program and written 

procedures required by paragraphs (a) 

and (b) of this section, and maintains a 

valid tank car facility registration in 

accordance with part 107, subpart J, of 

this chapter. 

■ 92. In § 179.10, add paragraph (b) to 

read as follows: 

§ 179.10 Tank mounting. 

* * * * * 

(b) Tank mounting arrangements must 

meet the requirements of AAR 

Specifications for Tank Cars Chapter 6 

(IBR, see § 171.7 of this subchapter). 

■ 93. In § 179.11, revise paragraph (a) to 

read as follows: 


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§ 179.11 Welding certification. 

(a) Welding procedures, welders, and 

fabricators must meet the requirements 

in AAR Specifications for Tank Cars 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 94. In § 179.24: 

■ a. Revise paragraph (a)(2); and 

■ b. Remove and reserve paragraph 

(a)(3)(i). 

The revision reads as follows: 

§ 179.24 Stamping. 

(a) * * * 

(2) Each plate must be stamped, 

embossed, or otherwise marked by an 

equally durable method in letters 3/16- 

inch high with the following 

information (parenthetical abbreviations 

may be used): 

(i) Tank Manufacturer (Tank MFG): 

Full name of the car builder. 

(ii) Tank Manufacturer’s Serial 

Number (SERIAL NO): For the specific 

car. 

(iii) [Reserved] 

(iv) Tank Specification 

(SPECIFICATION). 

(v) Tank Shell Material/Head Material 

(SHELL MATL/HEAD MATL): ASTM or 

AAR specification of the material used 

in the construction of the tank shell and 

heads. For Class DOT–113W, DOT– 

115W, AAR–204W, and AAR–206W, the 

materials used in the construction of the 

outer tank shell and heads must be 

listed. Only list the alloy (e.g., 5154) for 

aluminum tanks and the type (e.g., 304L 

or 316L) for stainless steel tanks. 

(vi) Insulation Material (INSULATION 

MATL): Generic names of the first and 

second layer of any thermal protection/ 

insulation material applied. 

(vii) Insulation Thickness 

(INSULATION THICKNESS): In inches. 

(viii) Underframe/Stub Sill Type (UF/ 

SS DESIGN) 

(ix) Date of Manufacture (DATE OF 

MFR): The month and year of tank 

manufacture. If the underframe has a 

different built date than the tank, show 

both dates. 

* * * * * 

■ 95. In § 179.100–9, revise paragraph 

(a) to read as follows: 

§ 179.100–9 Welding. 

(a) All joints shall be fusion-welded in 

compliance with the requirements of 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 96. In § 179.100–10, revise paragraph 

(a) to read as follows: 

§ 179.100–10 Postweld heat treatment. 

(a) After welding is complete, steel 

tanks and all attachments welded 

thereto must be postweld heat treated as 

a unit in compliance with the 

requirements of AAR Specifications for 

Tank Cars, Appendix W (compliance 

with paragraph 1.2 is not required) (IBR, 

see § 171.7 of this subchapter). 

* * * * * 

■ 97. In § 179.100–12, revise paragraph 

(c) to read as follows: 

§ 179.100–12 Manway nozzle, cover and 

protective housing. 

* * * * * 

(c) Except as provided in § 179.103, 

protective housing of cast, forged, or 

fabricated approved materials must be 

bolted to manway cover with not less 

than 20, 3⁄4-inch studs. Alternatively, 

the protective housing may be bolted to 

a flange connected to the manway 

reinforcing pad with not less than 20, 

3⁄4-inch studs. The shearing value of the 

bolts attaching protective housing to 

manway cover must not exceed 70 

percent of the shearing value of bolts 

attaching manway cover to manway 

nozzle. Housing must have steel 

sidewalls not less than 3⁄4 inch in 

thickness and must be equipped with a 

metal cover not less than 1⁄4 inch in 

thickness that can be securely closed. 

Housing cover must have suitable stop 

to prevent cover striking loading and 

unloading connections, and be hinged 

on one side only with approved riveted 

pin or rod with nuts and cotters. 

Openings in wall of housing must be 

equipped with screw plugs or other 

closures. 

■ 98. In § 179.100–18, revise paragraph 

(c) to read as follows: 

§ 179.100–18 Tests of tanks. 

* * * * * 

(c) Caulking of welded joints to stop 

leaks developed during the foregoing 

test is prohibited. Repairs in welded 

joints shall be made as prescribed in 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 99. In § 179.102–3, add paragraph (c) 

to read as follows: 

§ 179.102–3 Materials poisonous by 

inhalation. 

* * * * * 

(c) For tank cars manufactured after 

[DATE OF EFFECTIVE DATE], tank car 

heads and shells must be Charpy impact 

tested in accordance with AAR 

Specifications for Tank Cars, Chapter 2, 

section 2.2.1.2 (IBR, see § 171.7 of this 

subchapter) and meet the requirements 

of section 2.2.1.2. 

■ 100. In § 179.103–5, revise paragraph 

(b)(1) to read as follows: 

§ 179.103–5 Bottom outlets. 

* * * * * 

(b) * * * 

(1) The extreme projection of the 

bottom outlet equipment may not be 

more than allowed by Appendix E of the 

AAR Specifications for Tank Cars (IBR, 

see § 171.7 of this subchapter). All 

bottom outlet reducers and closures and 

their attachments shall be secured to the 

car by at least 3⁄8-inch chain, or its 

equivalent, except that bottom outlet 

closure plugs may be attached by 1⁄4- 

inch chain. When the bottom outlet 

closure is of the combination cap and 

valve type, the pipe connection to the 

valve shall be closed by a plug, cap, or 

approved quick coupling device. The 

bottom outlet equipment should include 

only the valve, reducers, and closures 

that are necessary for the attachment of 

unloading fixtures. The permanent 

attachment of supplementary exterior 

fittings must be approved. 

* * * * * 

■ 101. In § 179.200–7, amend the table 

in paragraph (b) by adding an entry for 

‘‘ASTM A 537’’ to read as follows: 

§ 179.200–7 Materials. 

* * * * * 

(b) * * * 

Specifications 

Minimum 

tensile 

strength 

(p.s.i.) 

welded 

condition 1

Minimum 

elongation in 

2 inches 

(percent) weld 

metal 

(longitudinal) 

ASTM A 537, Class 1 ........................................................................................................................................ 70,000 23 

* * * * * * * 


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* * * * * 

■ 102. In § 179.200–10, revise paragraph 

(a) to read as follows: 

§ 179.200–10 Welding. 

(a) All joints shall be fusion-welded in 

compliance with the requirements of 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 103. Revise § 179.200–11 to read as 

follows: 

§ 179.200–11 Postweld heat treatment. 

When specified in § 179.201–1, after 

welding is complete, postweld heat 

treatment must be in compliance with 

the requirements of AAR Specifications 

for Tank Cars, Appendix W (compliance 

with paragraph 1.2 is not required) (IBR, 

see § 171.7 of this subchapter). 

■ 104. In § 179.200–17, revise paragraph 

(a)(1) to read as follows: 

§ 179.200–17 Bottom outlets. 

(a) * * * 

(1) The extreme projection of the 

bottom outlet equipment may not be 

more than that allowed by Appendix E 

of the AAR Specifications for Tank Cars 

(IBR, see § 171.7 of this subchapter). All 

bottom outlet reducers and closures and 

their attachments shall be secured to the 

car by at least 3⁄8-inch chain, or its 

equivalent, except that the bottom outlet 

closure plugs may be attached by 1⁄4- 

inch chain. When the bottom outlet 

closure is of the combination cap and 

valve type, the pipe connection to the 

valve shall be closed by a plug, cap, or 

approved quick coupling device. The 

bottom outlet equipment should include 

only the valve, reducers, and closures 

that are necessary for the attachment of 

unloading fixtures. The permanent 

attachment of supplementary exterior 

fittings shall be approved. 

* * * * * 

■ 105. In § 179.200–22, revise paragraph 

(d) to read as follows: 

§ 179.200–22 Test of tanks. 

* * * * * 

(d) Caulking of welded joints to stop 

leaks developed during the foregoing 

tests is prohibited. Repairs in welded 

joints shall be made as prescribed in 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

■ 106. In § 179.220–10, revise paragraph 

(a) to read as follows: 

§ 179.220–10 Welding. 

(a) All joints must be fusion welded 

in compliance with AAR Specifications 

for Tank Cars, Appendix W (compliance 

with paragraph 1.2 is not required) (IBR, 

see § 171.7 of this subchapter). 

* * * * * 

■ 107. In § 179.220–11, revise paragraph 

(b) to read as follows: 

§ 179.220–11 Postweld heat treatment. 

* * * * * 

(b) Postweld heat treatment of the 

cylindrical portions of the outer shell to 

which the anchorage or draft sills are 

attached must comply with AAR 

Specifications for Tank Cars, Appendix 

W (compliance with paragraph 1.2 is 

not required) (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

■ 108. In § 179.220–15, revise paragraph 

(b) to read as follows: 

§ 179.220–15 Support system for inner 

container. 

* * * * * 

(b) The longitudinal acceleration may 

be reduced to 3G where a cushioning 

device, which has been tested to 

demonstrate its ability to limit body 

forces to 400,000 pounds maximum at a 

10 miles per hour impact, is used 

between the coupler and the tank 

structure. The support system must be 

of approved design and the inner 

container must be thermally isolated 

from the outer shell to the best practical 

extent. The inner container and outer 

shell must be permanently bonded to 

each other electrically either by the 

support system used, piping, or a 

separate electrical connection of 

approved design. 

■ 109. In § 179.220–18, revise paragraph 

(a)(1) to read as follows: 

§ 179.220–18 Bottom outlets. 

(a) * * * 

(1) The extreme projection of the 

bottom outlet equipment may not be 

more than that allowed by Appendix E 

of the AAR Specifications for Tank Cars 

(IBR, see § 171.7 of this subchapter). All 

bottom outlet reducers and closures and 

their attachments shall be secured to car 

by at least 3⁄8-inch chain, or its 

equivalent, except that bottom outlet 

closure plugs may be attached by 1⁄4- 

inch chain. When the bottom outlet 

closure is of the combination cap and 

valve type, the pipe connection to the 

valve shall be closed by a plug or cap. 

The bottom outlet equipment should 

include only the valve, reducers, and 

closures that are necessary for the 

attachment of unloading fixtures. The 

permanent attachment of supplementary 

exterior fittings shall be approved. 

* * * * * 

■ 110. In § 179.300–9, revise paragraph 

(a) to read as follows: 

§ 179.300–9 Welding. 

(a) Longitudinal joints must be fusion 

welded. Head-to-shell joints must be 

forge welded on class DOT–106A tanks 

and fusion welded on class DOT–110A 

tanks. Welding procedures, welders, 

and fabricators must be in accordance 

with the requirements of AAR 

Specifications for Tank Cars, Appendix 

W (compliance with paragraph 1.2 is 

not required) (IBR, see § 171.7 of this 

subchapter). 

* * * * * 

■ 111. Revise § 179.300–10 to read as 

follows: 

§ 179.300–10 Postweld heat treatment. 

After welding is complete, steel tanks 

and all attachments welded thereto, 

must be postweld heat treated as a unit 

in compliance with the requirements of 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

■ 112. In § 179.400–5, revise paragraph 

(d) to read as follows: 

§ 179.400–5 Materials. 

* * * * * 

(d) Impact test values must be equal 

to or greater than those specified in 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). The report of 

impact tests must include the test values 

and lateral expansion data. 

■ 113. In § 179.400–6, revise paragraph 

(b) to read as follows: 

§ 179.400–6 Bursting and buckling 

pressure. 

* * * * * 

(b) The outer jacket of the required 

evacuated insulation system must be 

designed in accordance with § 179.400– 

8(d) and in addition must comply with 

the design loads specified in Section 

C—II, Chapter 6 of the AAR 

Specifications for Freight Cars (IBR, see 

§ 171.7 of this subchapter). The designs 

and calculations must provide for the 

loadings transferred to the outer jacket 

through the support system. 

■ 114. In § 179.400–11, revise paragraph 

(c) to read as follows: 

§ 179.400–11 Welding. 

* * * * * 

(c) Each joint must be welded in 

accordance with the requirements of 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

* * * * * 

■ 115. In § 179.400–12, revise paragraph 

(b) introductory text to read as follows: 


lotter on DSK11XQN23PROD with PROPOSALS2
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§ 179.400–12 Postweld heat treatment. 

* * * * * 

(b) The cylindrical portion of the 

outer jacket, with the exception of the 

circumferential closing seams, must be 

postweld heat treated as prescribed in 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). Any item to 

be welded to this portion of the outer 

jacket must be attached before postweld 

heat treatment. Welds securing the 

following need not be postweld heat 

treated when it is not practical due to 

final assembly procedures: 

* * * * * 

■ 116. In § 179.400–13, revise paragraph 

(b) to read as follows: 

§ 179.400–13 Support system for inner 

tank. 

* * * * * 

(b) The support system must be 

designed to support, without yielding, 

impact loads producing accelerations of 

the following magnitudes and directions 

when the inner tank is fully loaded and 

the car is equipped with a conventional 

draft gear: 

Longitudinal ......................... 7‘‘g’’ 

Transverse ............................ 3‘‘g’’ 

Vertical ................................. 3‘‘g’’ 

The longitudinal acceleration may be 

reduced to 3‘‘g’’ where a cushioning 

device, which has been tested to 

demonstrate its ability to limit body 

forces to 400,000 pounds maximum at 

10 miles per hour, is used between the 

coupler and the tank structure. 

* * * * * 

■ 117. Revise § 179.400–15 to read as 

follows: 

§ 179.400–15 Radioscopy. 

Each longitudinal and circumferential 

joint of the inner tank, and each 

longitudinal and circumferential double 

welded butt joint of the outer jacket, 

must be examined along its entire length 

in accordance with the requirements of 

AAR Specifications for Tank Cars, 

Appendix W (compliance with 

paragraph 1.2 is not required) (IBR, see 

§ 171.7 of this subchapter). 

■ 118. In § 179.400–18, revise paragraph 

(b) to read as follows: 

§ 179.400–18 Test of inner tank. 

* * * * * 

(b) Caulking of welded joints to stop 

leaks developed during the test is 

prohibited. Repairs to welded joints 

must be made as prescribed in AAR 

Specifications for Tank Cars, Appendix 

W (compliance with paragraph 1.2 is 

not required) (IBR, see § 171.7 of this 

subchapter). 

■ 119. In § 179.400–19, revise paragraph 

(a)(2) to read as follows: 

§ 179.400–19 Valves and gages. 

(a) * * * 

(2) Packing, if used, must be 

satisfactory for use in contact with the 

lading and of materials that will 

effectively seal the valve stem without 

causing difficulty of operation. 

* * * * * 

■ 120. In § 179.500–17, revise paragraph 

(a)(4) to read as follows: 

§ 179.500–17 Marking. 

(a) * * * 

(4) Name, mark (other than 

trademark), or initials of company or 

person for whose use the tank is being 

made. 

* * * * * 

■ 121. In § 179.500–18: 

■ a. Revise paragraphs (a) and (b)(6); 

and 

■ b. In the form in paragraph (c), revise 

the sentence under the heading ‘‘Steel 

Tanks’’. 

The revisions read as follows: 

§ 179.500–18 Inspection and reports. 

(a) Before a tank car is placed in 

service, the party assembling the 

completed car shall furnish to the car 

owner a report in proper form certifying 

that tanks and their equipment comply 

with all the requirements of this 

specification and including information 

as to serial numbers, dates of tests, and 

ownership marks on tanks mounted on 

car structure. 

(b) * * * 

(6) Inspector shall stamp his official 

mark on each accepted tank 

immediately below serial number, and 

make certified report (see paragraph (c) 

of this section) to builder, company, or 

person for whose use tanks are being 

made, and to builder of car structure on 

which tanks are to be mounted. 

(c) * * * 

Steel Tanks 

It is hereby certified that drawings 

were approved for these tanks by a 

Design Certifying Engineer under date 

of ____. * * * 

* * * * * 

■ 122. In Appendix B to part 179, revise 

paragraphs 1., 2.a.(1), 2.a.(2), 2.b.(6), 

3.a.(1), 3.a.(2), and 3.b.(6) to read as 

follows: 

Appendix B to Part 179—Procedures 

for Simulated Pool and Torch-Fire 

Testing 

1. This test procedure is designed to 

measure the thermal effects of new or untried 

thermal protection systems, and to test for 

system survivability when exposed to a 100- 

minute pool fire and a 30-minute torch fire. 

Each sample of the thermal resistance 

material used in the individual tests, 

performed under the requirement of this 

Appendix to test the performance of the 

thermal protection system, shall be identical 

(within errors of measurement) in thickness 

dimensions, and thermodynamic and 

physical properties, including mass density. 

2. * * * 

a. * * * 

(1) The source of the simulated pool fire 

must be hydrocarbon fuel with a flame 

temperature of 871 °C plus or minus 55.6 °C 

(1600 °F plus-or-minus 100 °F), measured 

throughout the duration of the test at a 

distance of not more than 15 cm (6 inches) 

from the test sample surface along the axis 

of the fire. Calibration tests must be 

performed with the steel plate in position. 

(2) A square bare plate with thermal 

properties equivalent to the material of 

construction of the tank car must be used. 

The plate dimensions must be not less than 

30.5 cm by 30.5 cm (one foot by one foot) by 

nominal 1.6 cm (0.625 inch) thick. The bare 

plate must be instrumented with not less 

than nine thermocouples to record the 

thermal response of the bare plate. The 

thermocouples must be attached to the 

surface not exposed to the simulated pool 

fire, and must be divided into nine equal 

squares with a thermocouple placed in the 

center of each square. 

* * * * * 

b. * * * 

(6) A minimum of three consecutive 

successful simulation fire tests, separate and 

conducted at different times, must be 

performed for each thermal protection 

system. 

* * * * * 

3. * * * 

a. * * * 

(1) The source of the simulated torch must 

be a hydrocarbon fuel with a flame 

temperature of 1,204 °C plus-or-minus 55.6 

°C (2,200 °F plus or minus 100 °F), measured 

throughout the duration of the test at a 

distance of not more than 15 cm (6 inches) 

from the test sample surface, along the axis 

of the fire. Furthermore, torch velocities must 

be 64.4 km/h ±16 km/h (40 mph ±10 mph) 

throughout the duration of the test at a 

distance of not more than 15 cm (6 inches) 

from the test sample surface along the axis 

of the fire. Calibration tests must be 

performed with the steel plate in position. 

(2) A square bare plate with thermal 

properties equivalent to the material of 

construction of the tank car must be used. 

The plate dimensions must be at least 122 cm 

by 122 cm (four feet by four feet) by nominal 

1.6 cm (0.625 inch) thick. The bare plate 

must be instrumented with not less than nine 

thermocouples to record the thermal 

response of the plate. The thermocouples 

must be attached to the surface not exposed 

to the simulated torch, and must be divided 

into nine equal squares with a thermocouple 

placed in the center of each square. 

* * * * * 

b. * * * 

(6) A minimum of two consecutive 

successful torch-simulation tests, separate 


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and conducted at different times, must be 

performed for each thermal protection 

system. 

PART 180—CONTINUING 

QUALIFICATION AND MAINTENANCE 

OF PACKAGINGS 

■ 123. The authority citation for part 

180 continues to read as follows: 

Authority: 49 U.S.C. 5101–5128; 49 CFR 

1.81 and 1.97. 

■ 124. In § 180.3: 

■ a. Revise paragraph (b)(3); and 

■ b. Add paragraphs (c) and (d). 

The revision and additions read as 

follows: 

§ 180.3 General requirements. 

* * * * * 

(b) * * * 

(3) Test dates displayed in association 

with specification, registration, 

approval, exemption, or special permit 

markings indicating conformance to a 

test or retest requirement of this 

subchapter, an approval issued 

thereunder, or a special permit issued 

under subchapter A of this chapter; 

* * * * * 

(c) No person shall mark or issue a 

report indicating that a packaging has 

passed a test or inspection under this 

subpart, unless the packaging has 

actually been tested or inspected as 

required by this subpart. 

(d) No person shall falsify a document 

or marking indicating a packaging as 

having passed a test or inspection under 

this subpart. 

■ 125. In § 180.403: 

■ a. Add definitions for ‘‘certification 

plate’’, ‘‘maintenance’’, ‘‘objectively 

reasonable and articulable belief’’, and 

‘‘set pressure’’ in alphabetical order; and 

■ b. Revise the definition of ‘‘repair’’. 

The revision and additions read as 

follows: 

§ 180.403 Definitions. 

* * * * * 

Certification plate means a data plate 

containing the applicable markings 

provided in the original specifications 

for cargo tanks no longer authorized for 

construction (as identified in 

§ 180.405(c)), and permanently attached 

to the cargo tank or integral supporting 

structure by the manufacturer. The 

markings on this plate are the 

certification by the manufacturer that 

the cargo tank or the cargo tank motor 

vehicle has been designed, constructed, 

and tested in accordance with the 

applicable specification. 

* * * * * 

Maintenance means replacement of 

components other than welding on the 

cargo tank wall, on specification cargo 

tanks or cargo tank motor vehicles. 

* * * * * 

Objectively reasonable and articulable 

belief means a belief based on 

particularized and identifiable facts that 

provide an objective basis to believe or 

suspect that a cargo tank or series of 

cargo tanks may be in an unsafe 

operating condition. 

* * * * * 

Repair means any welding on a cargo 

tank wall, including replacing 50 

percent or less of the combined shell 

and head material of a cargo tank, done 

to return a cargo tank or a cargo tank 

motor vehicle to its original design and 

construction specification, or to a 

condition prescribed for a later 

equivalent specification in effect at the 

time of the repair. Excluded from this 

category are the following: 

(1) A change to motor vehicle 

equipment such as lights, truck or 

tractor power train components, steering 

and brake systems, and suspension 

parts, and changes to appurtenances, 

such as fender attachments, lighting 

brackets, and ladder brackets; 

(2) Replacement of components such 

as valves, vents, and fittings with a 

component of a similar design and of 

the same size; and 

(3) Replacement of an appurtenance 

by welding to a mounting pad. 

* * * * * 

Set pressure means the pressure of the 

pressure relief device or system at 

which it starts to open, allowing 

discharge. 

* * * * * 

■ 126. In § 180.405: 

■ a. Add paragraphs (b)(3); 

■ b. Revise paragraphs (c)(2); 

■ c. Add paragraphs (c)(3) and (4); 

■ d. Revise paragraphs (h)(3), and (j); 

and 

■ e. Add paragraph (p). 

The revisions and additions read as 

follows: 

§ 180.405 Qualification of cargo tanks. 

* * * * * 

(b) * * * 

(3) Replacement of missing 

specification plates. (i) The replacement 

of cargo tank and cargo tank motor 

vehicle specification plates required by 

this subchapter may be performed by 

the original manufacturer, or by a 

Registered Inspector who has been given 

necessary information by the original 

cargo tank or cargo tank motor vehicle 

manufacturer, provided the cargo tank 

motor vehicle owner has the paperwork 

documenting the traceability of the 

specification of the cargo tank or cargo 

tank motor vehicle. 

(ii) If the original manufacturer has 

been purchased by another entity, and 

that entity has sufficient paperwork 

documenting the manufacture of that 

cargo tank or cargo tank motor vehicle, 

the entity may apply a replacement 

specification plate or provide 

instructions to a Registered Inspector to 

apply the replacement specification 

plate. 

(iii) If the original manufacturer is no 

longer in business, or the paperwork 

documenting the traceability of the 

specification of the cargo tank or cargo 

tank motor vehicle is not available, the 

cargo tank or cargo tank motor vehicle 

is no longer an authorized specification 

packaging for hazardous materials 

transportation. See § 180.405(j). 

(iv) The cargo tank motor vehicle 

owner shall retain, and make available 

to a representative of the Department 

upon request, all documentation 

proving the traceability of the cargo tank 

manufacturer or cargo tank motor 

vehicle manufacturer, as applicable, 

until the cargo tank or cargo tank motor 

vehicle is permanently rendered no 

longer capable of retaining lading, and 

for one year thereafter. 

(c) * * * 

(2) A cargo tank motor vehicle of a 

specification listed in paragraph (c)(1) of 

this section may have its pressure relief 

devices and outlets modified in 

accordance with paragraph (h) of this 

section and § 173.33(d) of this 

subchapter. 

(3) A cargo tank motor vehicle 

manufactured and certified prior to the 

dates listed in table 1 or table 2 of this 

section may be mounted on a different 

truck chassis provided the mounting 

and certification is performed in 

accordance with this subchapter. 

* * * * * 

(h) * * * 

(3) As provided in paragraph (c)(2) of 

this section, and in § 173.33(d) of this 

subchapter, the owner of a cargo tank 

motor vehicle may elect to modify 

reclosing pressure relief devices to more 

current cargo tank specifications. 

However, replacement devices 

constructed to the requirements of 

§ 178.345–10 of this subchapter must 

provide the minimum venting capacity 

required by the original specification to 

which the cargo tank was designed and 

constructed. 

* * * * * 

(j) Withdrawal of certification. A 

specification cargo tank that for any 

reason no longer meets the applicable 

specification may not be used to 

transport hazardous materials unless the 

cargo tank is repaired and retested in 

accordance with §§ 180.407 and 180.413 


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prior to being returned to hazardous 

materials service. If the cargo tank motor 

vehicle is not in conformance with the 

applicable specification requirements, 

the specification plate must be removed, 

obliterated, or securely covered. The 

method of covering must withstand 

conditions normally incident to 

transportation. The details of the 

conditions necessitating withdrawal of 

the certification must be recorded and 

signed on the Certificate of Compliance 

for that cargo tank. The vehicle owner 

shall retain the Certificate of 

Compliance for at least one year after 

withdrawal of the certification. 

* * * * * 

(p) Visual Inspection of Remote 

Device. At the next external visual 

inspection after [DATE OF EFFECTIVE 

DATE], each specification cargo tank 

motor vehicle equipped with a 

mechanical means of remote closure 

shall be inspected to ensure that access 

or means of manual operation is not 

obstructed by equipment or 

appurtenances. The remote closure 

device may not be in the driver’s cab 

and must be as far forward on the cargo 

tank as practicable. Any manually 

operated remote closure device not in 

compliance with this paragraph must be 

repaired prior to passing the external 

visual inspection. 

■ 127. In § 180.407, revise paragraphs 

(a), (b)(1), (b)(3), (b)(5), (c) introductory 

text, (d), (f) introductory text, (f)(2), 

(f)(3), (g)(1)(ii), (g)(1)(iii), (g)(1)(viii), 

(g)(3), (g)(6), (h), (i)(4)(v), (i)(6)(i) and 

(i)(6)(ii) to read as follows: 

§ 180.407 Requirements for test and 

inspection of specification cargo tanks. 

(a) General. (1) A cargo tank motor 

vehicle constructed in accordance with 

a DOT specification or otherwise 

required by this subchapter to comply 

with this subpart, for which a test or 

inspection specified in this section has 

become due, may not be filled and 

offered for transportation or transported 

until the test or inspection has been 

successfully completed. This paragraph 

does not apply to any cargo tank filled 

prior to the test or inspection due date 

and offered for transportation or 

transported after the test or inspection 

due date (see § 173.33(a)(3) of this 

subchapter). 

(2) Except during a pressure test, a 

cargo tank may not be subjected to a 

pressure greater than the design 

pressure or MAWP marked on the name 

plate or certification plate. 

(3) A person witnessing or performing 

a test or inspection specified in this 

section must meet the minimum 

qualifications prescribed in § 180.409. 

(4) Each cargo tank must be evaluated 

in accordance with the acceptable 

results of tests and inspections 

prescribed in § 180.411. 

(5) Each cargo tank motor vehicle that 

has successfully passed a test or 

inspection specified in this section must 

be marked in accordance with 

§ 180.415. 

(6) A cargo tank motor vehicle that 

has not been properly inspected or fails 

a prescribed test or inspection must: 

(i) Be repaired and retested in 

accordance with § 180.413; or 

(ii) Be removed from hazardous 

materials service and the specification 

plate removed, obliterated, or covered in 

a secure manner. The method of 

covering must at a minimum withstand 

conditions normally incident to 

transportation. 

(7) All equipment and instruments 

required to be used to perform a 

function under part 180 subpart E must 

be calibrated in accordance with the 

manufacturer’s instructions. The facility 

must retain records documenting the 

type of calibration, date calibrated, and 

who performed the calibration. The 

facility must retain a copy of 

documentation of the two most recent 

calibrations, which must be made 

available to a representative of the 

Department upon request. 

(8) The use of video cameras or fiber 

optics equipment is authorized for any 

test or inspection, or portion thereof, 

provided all the required areas and 

elements can be viewed and evaluated 

according to this part 180 subpart E. The 

use of such equipment shall be 

documented on the report required by 

§ 180.417. 

(9) For any test or inspection that 

requires a cargo tank motor vehicle to be 

tested at a pressure greater than 50 psig, 

the hydrostatic method shall be used, 

except for MC 338 cargo tanks used to 

transport cryogenic liquids. In all 

pressure and leakage tests, suitable 

safeguards must be provided to protect 

personnel should a system failure occur. 

(10) The Registered Inspector shall 

consult with the owner or motor carrier, 

as appropriate, to determine if materials 

corrosive or reactive to the cargo tank or 

its components were transported in the 

cargo tank motor vehicle since the last 

test or inspection was performed. The 

Registered Inspector shall indicate 

whether the cargo tank motor vehicle 

transported a material corrosive or 

reactive to the cargo tank or its 

components on the § 180.415 report, 

and use this information to determine 

the proper tests and inspections to be 

conducted on the cargo tank motor 

vehicle. 

(11) For all tests or inspections subject 

to this subpart, all sources of spark, 

flame, or glowing heat within the area 

of enclosure (including any heating 

system drawing air therefrom) are 

extinguished, made inoperable, or 

rendered explosion-proof by a suitable 

method prior to the tests or inspections 

being performed. 

(b) * * * 

(1) The cargo tank shows evidence of 

dents, cuts, gouges, bulges, corroded or 

abraded areas, leakage, or any other 

condition that might render it unsafe for 

hazardous materials service. At a 

minimum, any area of a cargo tank 

showing evidence of dents, cuts, digs, 

gouges, bulges, or corroded or abraded 

areas must be thickness tested in 

accordance with the procedures set 

forth in paragraphs (i)(2), (i)(3), (i)(5), 

(i)(6), (i)(9), and (i)(10) of this section; 

and evaluated in accordance with the 

criteria prescribed and minimum 

thickness definition in §§ 178.320 and 

180.411 of this subchapter, respectively. 

Any signs of leakage must be repaired. 

All repairs must be performed in 

accordance with § 180.413. The 

suitability of any repair affecting the 

structural integrity of the cargo tank 

must be determined either by the testing 

required in the applicable 

manufacturing specification or in 

paragraph (g)(1)(iv) of this section. 

* * * * * 

(3) The cargo tank motor vehicle has 

been out of hazardous materials 

transportation service for a period of 

one year or more. For each cargo tank 

motor vehicle that has been out of 

hazardous materials transportation 

service for a period of one year or more, 

a pressure test in accordance with 

§ 180.407(g) must be conducted prior to 

further use in hazardous materials 

transportation. 

* * * * * 

(5) The Department so requires based 

on the objectively reasonable and 

articulable belief that the cargo tank is 

in an unsafe operating condition. 

(c) Periodic test and inspection. Each 

cargo tank motor vehicle subject to this 

subpart must be tested and inspected as 

specified in the following table by a 

Registered Inspector meeting the 

qualifications in § 180.409. The retest 

date shall be determined from the 

specified interval identified in the 

following table from the most recent 

inspection completed in accordance 

with the requirements in part 180 or the 

cargo tank motor vehicle certification 

date. 

* * * * * 

(d) External visual inspection and 

testing. The following applies to the 


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external visual inspection and testing of 

cargo tanks: 

(1) Where insulation, or coverings 

such as wrappings and coatings, 

precludes a complete external visual 

inspection as required by paragraphs 

(d)(2) through (d)(6) of this section, the 

cargo tank also must be given an 

internal visual inspection in accordance 

with paragraph (e) of this section. If 

external visual inspection is precluded 

because any part of the cargo tank wall 

is externally lined, coated, or designed 

to prevent an external visual inspection, 

those areas of the cargo tank must be 

internally inspected. If internal visual 

inspection is precluded because the 

cargo tank is lined, coated, or designed 

so as to prevent access for internal 

inspection, the tank must be 

hydrostatically or pneumatically tested 

in accordance with paragraph (g)(1)(iv) 

of this section. Those items able to be 

externally inspected must be externally 

inspected and noted in the inspection 

report. 

(2) The external visual inspection and 

testing must include as a minimum the 

following: 

(i) The tank shell and heads must be 

inspected for corroded or abraded areas, 

dents, distortions, and defects in welds, 

and evaluated in accordance with 

§ 180.411. During the inspection of the 

cargo tank shell and heads, all pad 

attachments on either the cargo tank 

shell or head shall be inspected for 

method of attachments and any other 

conditions that might render the 

appurtenance as unsafe; 

(ii) The piping system, which 

includes piping, flexible connectors, 

valves, and gaskets, must be carefully 

inspected for corroded areas, defects in 

welds, and other conditions, including 

leakage, that might render the tank 

unsafe for transportation service; 

(iii) All devices for tightening 

manhole covers must be operative and 

there must be no evidence of leakage at 

manhole covers or gaskets; 

(iv) All emergency devices and valves, 

including self-closing stop valves, 

excess flow valves, and remote closure 

devices, including all emergency 

discharge control systems and delivery 

hoses required by § 173.315(n), must be 

inspected for corrosion, distortion, 

erosion, and any external damage that 

will prevent safe operation. All 

emergency closure devices and selfclosing stop valves must be operated to 

demonstrate proper functioning. The 

distance for testing non-mechanical 

remote shutoff devices must be in 

accordance with the original device 

manufacturer’s specification; 

(v) Missing bolts, nuts and fusible 

links or elements must be replaced, and 

loose bolts and nuts must be tightened; 

(vi) All markings on the cargo tank 

required by parts 172, 178, and 180 of 

this subchapter must be legible; 

(vii) [Reserved] 

(viii) All appurtenances and structural 

attachments on the cargo tank 

including, but not limited to, 

suspension system attachments, 

connecting structures, and those 

elements of the upper coupler 

(including the king pin) assembly that 

can be inspected without dismantling 

the upper coupler assembly must be 

inspected for any corrosion or damage 

that might prevent safe operation; 

(ix) For cargo tank motor vehicles 

transporting lading corrosive to the 

cargo tank, areas covered by the upper 

coupler assembly must be inspected at 

least once in each two-year period for 

corroded and abraded areas, dents, 

distortions, defects in welds, and any 

other condition that might render the 

tank unsafe for transportation service. 

The upper coupler assembly must be 

removed from the cargo tank for this 

inspection except when the upper 

coupler allows for a complete 

inspection of the area of the cargo tank 

that is directly above the upper coupler, 

and the inspection is conducted by 

directly viewing the cargo tank. Directly 

viewing means the area is inspected 

without the use of an aid, such as 

mirrors, cameras, or fiber optics. If the 

upper coupler is removed from the 

cargo tank motor vehicle, it must be 

reattached in accordance with the 

manufacturer’s instructions and 

§ 393.70. 

(3) For reclosing pressure relief 

devices, the following applies: 

(i) All reclosing pressure relief 

devices must be externally inspected for 

any corrosion or damage that might 

prevent safe operation. 

(ii) All reclosing pressure relief 

devices on cargo tank motor vehicles 

carrying lading corrosive to the pressure 

relief device must be removed from the 

cargo tank motor vehicle for inspection 

and bench testing in accordance with 

paragraph (j) of this section. 

(4) Ring stiffeners or appurtenances, 

installed on cargo tank motor vehicles 

constructed of mild steel or highstrength, low-alloy steel, that create air 

cavities adjacent to the tank shell that 

do not allow for external visual 

inspection must be thickness tested in 

accordance with paragraphs (i)(2) and 

(i)(3) of this section, at least once every 

two years. At least four symmetrically 

distributed readings must be taken to 

establish an average thickness for the 

ring stiffener or appurtenance. If any 

thickness reading is less than the 

average thickness by more than 10 

percent, thickness testing in accordance 

with paragraphs (i)(2) and (i)(3) of this 

section must be conducted from the 

inside of the cargo tank on the area of 

the tank wall covered by the ring 

stiffener or appurtenance. 

(5) Corroded or abraded areas of the 

cargo tank wall must be thickness tested 

in accordance with the procedures set 

forth in paragraphs (i)(2), (i)(3), (i)(5), 

(i)(6), (i)(9), and (i)(10) of this section. 

(6) The gaskets on any full opening 

rear head must be: 

(i) Visually inspected for cracks or 

splits caused by weather or wear; and 

(ii) Replaced if cuts or cracks that are 

likely to cause leakage, or are of a depth 

1⁄2 inch or more, are found. 

(7) External ring stiffeners installed on 

cargo tank motor vehicles must be 

inspected for corrosion, pitting, abraded 

areas, or damage, and repaired as 

appropriate. 

(8) Welded repairs on the cargo tank 

wall must be inspected for leakage and 

weld defects. The Registered Inspector 

must verify that the welded repair was 

done in accordance with § 180.413. 

(9) The inspector must record the 

results of the external visual 

examination as specified in 

§ 180.417(b). 

* * * * * 

(f) Lining inspection. When lining is 

required by this subchapter, the 

integrity of the cargo tank lining must be 

verified at least once each year as 

follows: 

* * * * * 

(2) For linings made of materials other 

than rubber (elastomeric material), the 

owner of the cargo tank motor vehicle 

must obtain documentation from the 

lining manufacturer or installer that 

specifies the proper procedure for the 

lining inspection. This documentation 

must be provided to the Registered 

Inspector before inspection. 

(3) Degraded or defective areas of the 

cargo tank lining must be removed and 

the cargo tank wall below the defect 

must be inspected. Corroded areas of the 

tank wall must be thickness tested in 

accordance with paragraphs (i)(2), (i)(3), 

(i)(5), (i)(6), (i)(9), and (i)(10) of this 

section. If the degraded or defective 

areas of the cargo tank lining are 

repaired or if the lining is replaced, it 

must comply with lining manufacturer 

or installer procedures, subject to the 

lining requirements of this subchapter. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) All self-closing pressure relief 

devices, including emergency relief 


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devices and normal vent devices, must 

be removed from the cargo tank motor 

vehicle for inspection and bench testing 

in accordance with paragraph (j) of this 

section. 

(iii) Except for cargo tank motor 

vehicles carrying lading corrosive to the 

cargo tank, areas covered by the upper 

coupler assembly must be inspected for 

corroded and abraded areas, dents, 

distortions, defects in welds, and any 

other condition that might render the 

tank unsafe for transportation service. 

The upper coupler assembly must be 

removed from the cargo tank for this 

inspection except when the upper 

coupler allows for a complete 

inspection of the area of the cargo tank 

that is directly above the upper coupler, 

and the inspection is conducted by 

directly viewing the cargo tank. Directly 

viewing means the area is inspected 

without the use of an aid, such as 

mirrors, cameras, or fiber optics. If the 

upper coupler is removed from the 

cargo tank, it must be reattached in 

accordance with the manufacturer’s 

instructions and § 393.70. 

* * * * * 

(viii) Hydrostatic test method. Each 

cargo tank must be filled with water or 

other liquid having similar viscosity, at 

a temperature not exceeding 100 °F. The 

cargo tank must then be pressurized as 

specified in paragraph (g)(1)(iv) of this 

section. The cargo tank, including its 

closures, must hold the prescribed test 

pressure for at least 10 minutes during 

which time it shall be inspected for 

leakage, bulging or any other defect. 

* * * * * 

(3) Each MC 330 and MC 331 cargo 

tank constructed of quenched and 

tempered steel in accordance with Part 

UHT in Section VIII of the ASME Code 

(IBR, see § 171.7 of this subchapter), or 

constructed of other than quenched and 

tempered steel but without postweld 

heat treatment, and used for the 

transportation of anhydrous ammonia or 

any other hazardous materials that may 

cause corrosion stress cracking, must be 

internally inspected by the wet 

fluorescent magnetic particle method 

immediately prior to and in conjunction 

with the performance of the pressure 

test prescribed in this section. Each MC 

330 and MC 331 cargo tank constructed 

of quenched and tempered steel in 

accordance with Part UHT in Section 

VIII of the ASME Code and used for the 

transportation of liquefied petroleum 

gas must be internally inspected by the 

wet fluorescent magnetic particle 

method immediately prior to and in 

conjunction with the performance of the 

pressure test prescribed in this section. 

The wet fluorescent magnetic particle 

inspection must be in accordance with 

Section V of the ASME Code and CGA 

Technical Bulletin P–26 (formerly TB– 

2) (IBR, see § 171.7 of this subchapter). 

This paragraph does not apply to cargo 

tanks that do not have manholes. (See 

§ 180.417(c) for reporting requirements.) 

* * * * * 

(6) Acceptance criteria. A cargo tank 

motor vehicle that leaks, fails to retain 

test pressure, shows distortion, or 

displays other evidence of weakness 

that might render the cargo tank motor 

vehicle unsafe for transportation service 

may not be returned to service, except 

as follows: A cargo tank motor vehicle 

with a heating system that does not hold 

pressure may remain in service as an 

unheated cargo tank motor vehicle if: 

* * * * * 

(h) Leakage test. The following 

requirements apply to cargo tanks 

requiring a leakage test: 

(1) Each cargo tank must be tested for 

leaks in accordance with paragraph (c) 

of this section. The leakage test must 

include all components of the cargo 

tank wall, and the piping system with 

all valves and pressure relief devices in 

place and operative, except that any 

pressure relief devices set to discharge 

at less than the leakage test pressure 

must be removed or rendered 

inoperative during the test. All internal 

or external self-closing stop valves must 

be tested for leak tightness. Each cargo 

tank of a multi-cargo tank motor vehicle 

must be tested with adjacent cargo tanks 

empty and at atmospheric pressure. Test 

pressure must be maintained for at least 

five minutes. Cargo tanks in liquefied 

compressed gas service must be 

externally inspected for leaks during the 

leakage test. Suitable safeguards must be 

provided to protect personnel should a 

failure occur. Cargo tanks may be 

leakage tested with hazardous materials 

contained in the cargo tank during the 

test. Leakage test pressure must be no 

less than 80 percent of MAWP marked 

on the specification plate except as 

follows: 

(i) A cargo tank motor vehicle with an 

MAWP of 690 kPa (100 psig) or more 

may be leakage tested at its maximum 

normal operating pressure provided it is 

in dedicated service or services. 

(ii) A specification MC 330 or MC 331 

cargo tank motor vehicle or a nonspecification cargo tank motor vehicle 

authorized under § 173.315(k) of this 

subchapter in dedicated liquefied 

petroleum gas service may be leakage 

tested at not less than 414 kPa (60 psig). 

(iii) An operator of a specification MC 

330 or MC 331 cargo tank motor vehicle, 

or a non-specification cargo tank 

authorized under § 173.315(k) of this 

subchapter, equipped with a meter may 

check leak tightness of the internal selfclosing stop valve by conducting a 

meter creep test. (See Appendix B to 

this part.). 

(iv) A specification MC 330 or MC 331 

cargo tank motor vehicle in dedicated 

service for anhydrous ammonia may be 

leakage tested at not less than 414 kPa 

(60 psig). 

(v) A non-specification cargo tank 

required by § 173.8(d) of this subchapter 

to be leakage tested must be leakage 

tested at not less than 16.6 kPa (2.4 

psig), or as specified in paragraph (h)(2) 

of this section. 

(2) Cargo tank motor vehicles used to 

transport petroleum distillate fuels that 

are equipped with vapor collection 

equipment may be leak tested in 

accordance with the Environmental 

Protection Agency’s ‘‘Method 27— 

Determination of Vapor Tightness of 

Gasoline Delivery Tank Using PressureVacuum Test,’’ as set forth in Appendix 

A to 40 CFR part 60. Test methods and 

procedures, and maximum allowable 

pressure and vacuum changes, are in 40 

CFR 63.425(e). The hydrostatic test 

alternative, using liquid in 

Environmental Protection Agency’s 

‘‘Method 27—Determination of Vapor 

Tightness of Gasoline Delivery Tank 

Using Pressure-Vacuum Test,’’ may not 

be used to satisfy the leak testing 

requirements of this paragraph. The test 

must be conducted using air. 

(3) A cargo tank motor vehicle that 

has leaks or fails to retain leakage test 

pressure may not be returned to service 

until repaired as required by this 

subpart. 

(4) Registered Inspectors conducting a 

leakage test on specification MC 330 

and MC 331 cargo tank motor vehicles, 

and non-specification cargo tank motor 

vehicles authorized under § 173.315(k) 

of this subchapter, must visually inspect 

the delivery hose assembly and piping 

system, including any delivery hose 

assembly used to meet § 173.315(n), 

while the assembly is under leakage test 

pressure utilizing the rejection criteria 

listed in § 180.416(g). The test pressure 

of the delivery hose assembly must be 

at least 80 percent of the MAWP of the 

cargo tank. Delivery hose assemblies not 

permanently attached to the cargo tank 

motor vehicle may be inspected and 

tested while not attached to the cargo 

tank motor vehicle. In addition to a 

written record of the inspection 

prepared in accordance with 

§ 180.417(b), the Registered Inspector 

conducting the test must note the hose 

identification number, the date of the 

test, and the condition of the hose 

assembly and piping system tested. 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85681 

(5) The inspector must record the 

results of the leakage test as specified in 

§ 180.417(b). 

(i) * * * 

(4) * * * 

(v) Areas around shell reinforcements 

including around all ring stiffeners and 

those areas in the bottom half of the 

cargo tank; 

* * * * * 

(6) * * * 

(i) A Design Certifying Engineer must 

certify that the cargo tank design and 

thickness are appropriate for the 

reduced loading conditions by issuance 

of a revised manufacturer’s certificate. 

The DCE must provide this revised 

certificate to the cargo tank motor 

vehicle owner, and 

(ii) The cargo tank motor vehicle’s 

name plate or certification plate must 

reflect the revised service limits. 

* * * * * 

■ 128. In § 180.409: 

■ a. Revise paragraph (a) introductory 

text; and 

■ b. Add paragraph (a)(4). 

The revision and addition read as 

follows: 

§ 180.409 Minimum qualifications for 

inspectors and testers. 

(a) A person performing or witnessing 

the inspections and tests specified in 

this subpart must— 

* * * * * 

(4) Meet the training requirements of 

part 172 subpart H. 

* * * * * 

■ 129. In § 180.411: 

■ a. Revise paragraphs (b) introductory 

text, (b)(1), and (g) introductory text; 

and 

■ b. Add paragraph (h). 

The revisions and addition read as 

follows: 

§ 180.411 Acceptable results of tests and 

inspections. 

* * * * * 

(b) Dents, cuts, digs, bulges, and 

gouges. For evaluation procedures, see 

CGA C–6 (IBR, see § 171.7 of this 

subchapter). 

(1) For dents or bulges at welds or that 

include a weld, the maximum allowable 

depth is 1⁄2 inch. For dents or bulges 

away from welds, the maximum 

allowable depth is 1⁄10 of the greatest 

dimension of the dent, but in no case 

may the depth exceed one inch. 

* * * * * 

(g) Pressure test. Any cargo tank that 

fails to meet the acceptance criteria 

found in the individual specification 

that applies must be properly repaired. 

(h) Conditions requiring removal from 

service. (1) If the Registered Inspector 

determines that a cargo tank motor 

vehicle, for any reason, does not meet 

the applicable design specification, the 

qualification requirements of § 180.405, 

or fails any test or inspection required 

by this subpart, it may not be 

represented as a DOT specification 

cargo tank motor vehicle. 

(2) The cargo tank motor vehicle shall 

not be used in specification service until 

it is in compliance with the 

specification requirements and has been 

successfully tested and inspected as 

required by § 180.407(c) of this subpart. 

■ 130. In § 180.413, revise paragraph 

(b)(6) to read as follows: 

§ 180.413 Repair, modification, stretching, 

rebarrelling, or mounting of specification 

cargo tanks. 

* * * * * 

(b) * * * 

(6) MC 330 and MC 331 cargo tanks 

must be repaired in accordance with the 

repair procedures described in CGA 

Technical Bulletin P–26 (formerly TB– 

2) (IBR, see § 171.7 of this subchapter) 

and the National Board Inspection Code 

(IBR, see § 171.7 of this subchapter). 

Each cargo tank having cracks or other 

defects requiring welded repairs must 

meet all inspection, test, and heat 

treatment requirements in § 178.337–16 

of this subchapter in effect at the time 

of the repair, except that postweld heat 

treatment after minor weld repairs is not 

required. When a repair is made of 

defects revealed by the wet fluorescent 

magnetic particle inspection, including 

those repaired by grinding, the affected 

area of the cargo tank must again be 

examined by the wet fluorescent 

magnetic particle method after 

hydrostatic testing to assure that all 

defects have been removed. 

* * * * * 

■ 131. In § 180.415, revise paragraph (b) 

introductory text to read as follows: 

§ 180.415 Test and inspection markings. 

* * * * * 

(b) Each cargo tank must be durably 

and legibly marked, in English, with the 

date (month and year), the type of test 

or inspection performed, and if not 

already marked on the cargo tank, the 

registration number, as required by part 

107, subpart F, of this chapter, of the 

person performing the test or 

inspection, subject to the following 

provisions: 

* * * * * 

■ 132. In § 180.416, revise paragraphs 

(a), (b), (c), (f) introductory text, and 

(f)(3) to read as follows: 

§ 180.416 Discharge system inspection 

and maintenance program for cargo tanks 

transporting liquefied compressed gases. 

(a) Applicability. This section is 

applicable to an operator using 

specification MC 330, MC 331, and nonspecification cargo tank motor vehicles 

authorized under § 173.315(k) of this 

subchapter for transportation of 

liquefied compressed gases other than 

carbon dioxide. Paragraphs (b), (c), 

(d)(1), (d)(5), (e), (f), and (g)(1) of this 

section, applicable to delivery hose 

assemblies, apply only to hose 

assemblies installed or carried on the 

cargo tank. 

(b) Hose identification. The operator 

must assure that each delivery hose 

assembly is permanently marked with a 

unique identification number and 

maximum working pressure. 

(c) Post-delivery hose check. After 

each unloading, the operator must 

visually check that portion of the 

delivery hose assembly deployed during 

the unloading using the rejection 

criteria identified in paragraph (g) of 

this section. 

* * * * * 

(f) New or repaired delivery hose 

assemblies. Each operator of a cargo 

tank motor vehicle must ensure each 

new and repaired delivery hose 

assembly is tested at a minimum of 120 

percent of the hose maximum working 

pressure. 

* * * * * 

(3) The operator must complete a 

record documenting the test and 

inspection, including the date, the 

signature of the inspector, the hose 

owner, the hose identification number, 

the date of original delivery hose 

assembly and test, notes of any defects 

observed and repairs made, and an 

indication that the delivery hose 

assembly passed or failed the tests and 

inspections. A copy of each test and 

inspection record must be retained by 

the operator at its principal place of 

business or where the vehicle is housed 

or maintained until the next test of the 

same type is successfully completed. 

* * * * * 

■ 133. In § 180.501, revise paragraph (b) 

to read as follows: 

§ 180.501 Applicability 

* * * * * 

(b) This subpart also establishes the 

minimum acceptable framework for an 

owner’s qualification and maintenance 

program for tank cars and components. 

Owners should follow this subpart in 

developing their written procedures 

(work instructions), as required under 

§ 179.7(d), for use by tank car facility 

employees. The owner’s qualification 


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85682 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 

and maintenance program for each tank 

car, or a fleet of tank cars, must identify 

where to inspect, how to inspect, and 

the acceptance criteria. Alternative 

inspection and test procedures or 

intervals based on a damage-tolerance 

analysis or service reliability assessment 

must be approved by the Associate 

Administrator for Railroad Safety in 

accordance with § 180.509(l). Tank car 

facilities must incorporate the owner’s 

qualification and maintenance program 

in their quality assurance program, as 

required under § 179.7(a)(2), (b)(3), 

(b)(5), and (d). 

* * * * * 

■ 134. In § 180.503, revise the 

definitions of ‘‘coating/lining owner’’, 

‘‘maintenance’’, ‘‘modification’’, the first 

sentence of ‘‘qualification’’, ‘‘service 

equipment’’, ‘‘service equipment 

owner’’, and ‘‘tank car owner’’ to read 

as follows: 

§ 180.503 Definitions. 

* * * * * 

Coating/lining owner means the 

person responsible for the development 

or approval, and execution of the 

qualification and maintenance program 

for the coating/lining. 

* * * * * 

Maintenance means performance of 

functions including repairs, necessary 

and appropriate to ensure an inoperation tank car’s specification until 

its next qualification. 

Modification means any change to a 

tank car that affects the Design Approval 

Certificate prescribed in § 179.5 or the 

certificate of construction for tank cars 

manufactured prior to [DATE ONE 

YEAR FROM EFFECTIVE DATE], 

including an alteration prescribed in 

§ 179.6, or conversion. 

* * * * * 

Qualification, as relevant to a tank 

car, means the car and its components 

conforms to the specification to which 

it was designed, manufactured, or 

modified to the requirements of this 

subpart, to the approved design, and to 

the owner’s acceptance criteria. * * * 

* * * * * 

Service equipment means pressure or 

lading retaining equipment including 

but not limited to: 

(1) Pressure relief devices; 

(2) Valves; 

(3) Closures; 

(4) Fittings; 

(5) Manway covers; 

(6) Fill-hole covers; 

(7) Vents; 

(8) Sampling equipment; 

(9) Vacuum relief equipment; 

(10) Devices used for measuring the 

amount of lading and/or lading 

temperature; 

(11) Devices used for flow restriction; 

(12) Interior heating systems; or 

(13) Other devices used for loading 

and unloading (e.g., siphon pipe). 

Service equipment owner means the 

person responsible for the development 

or approval, and execution of the 

qualification and maintenance program 

for the service equipment. 

Tank car owner means the person 

responsible for the development or 

approval, and execution of the 

qualification and maintenance program 

for the tank car. 

* * * * * 

■ 135. In § 180.509, revise paragraphs 

(i)(1) and (k)(2) to read as follows: 

§ 180.509 Requirements for inspection and 

test of specification tank cars. 

* * * * * 

(i) * * * 

(1) At a minimum, the owner of an 

internal coating or lining applied to 

protect a tank used to transport a 

material that is corrosive or reactive to 

the tank must ensure an inspection 

adequate enough to detect defects or 

other conditions that could reduce the 

design level of reliability and safety of 

the tank is performed. In addition, the 

owner of a coating or lining of tank cars 

used to transport hazardous materials 

corrosive or reactive to the tank must 

ensure the lining complies with 

§§ 173.24(b)(2) and (b)(3) of this 

subchapter. 

* * * * * 

(k) * * * 

(2) Service equipment, including 

reclosing pressure relief devices and 

interior heater systems, must conform to 

the applicable provisions of Appendix D 

of the AAR Specifications for Tank Cars 

(IBR, see § 171.7 of this subchapter). 

* * * * * 

■ 136. In § 180.513, revise paragraph (b) 

to read as follows: 

§ 180.513 Repairs, alterations, 

conversions, and modifications. 

* * * * * 

(b) Responsibilities of Tank Car 

Facility. A tank car facility must obtain 

the permission of the equipment owner 

before performing work affecting 

alteration, conversion, repair, or 

qualification of the owner’s equipment. 

For the purposes of qualification and 

maintenance, the tank car facility must 

use the written instructions furnished 

by the owner and have written 

confirmation from the owner allowing 

the use of written instructions furnished 

by the owner; or have written 

confirmation from the owner allowing 

the use of written instructions furnished 

by another. A tank car facility must not 

use, copy, distribute, forward, or 

provide to another person the owner’s 

confidential and proprietary written 

instructions, procedures, manuals, and 

records without the owner’s permission. 

A tank car facility must report all work 

performed to the owner. The tank car 

facility must also report observed 

damage, deterioration, failed 

components, or non-compliant parts to 

the owner. A tank car facility must 

incorporate the owner’s qualification 

and maintenance program into their 

own Quality Assurance Program. 

* * * * * 

■ 137. In § 180.517: 

■ a. Revise paragraphs (a) and (b)(8); 

and 

■ b. Add paragraph (b)(9). 

The revisions and addition read as 

follows: 

§ 180.517 Reporting and record retention 

requirements. 

(a) Certification and representation. 

Each owner of a specification tank car 

must retain the Design Approval 

Certificate or the certificate of 

construction (AAR Form 4–2) for a 

specification tank car manufactured 

prior to [DATE ONE YEAR FROM 

EFFECTIVE DATE] and related 

qualification reports certifying that the 

manufacture or maintenance of the 

specification tank car identified in the 

documents is in accordance with the 

applicable specification. The 

qualification reports generated by the 

tank car facility and the marking of the 

tank car with the tank specification is 

the representation that all of the 

appropriate inspections and tests were 

successfully performed to qualify the 

tank for use in accordance with the 

current Design Approval Certificate or 

certificate of construction (AAR Form 

4–2), as appropriate. These documents 

must be maintained for the life of the 

tank car. Each owner of a specification 

tank car must retain the documents 

throughout the period of ownership of 

the specification tank car and for one 

year thereafter. Upon a change of 

ownership, the Design Approval 

Certificate or certificate of construction 

(AAR Form 4–2), as applicable, and all 

applicable documents as prescribed in 

Section 1.3.15 of the AAR Specifications 

for Tank Cars (IBR, see § 171.7 of this 

subchapter) must be provided to the 

new tank car owner. A tank car facility 

performing work on the car may retain 

copies of relevant records in accordance 

with § 179.7(b)(12). 

(b) * * * 

(8) The unique code (station stencil) 

identifying the facility; and 

(9) Tank car facility registration 

number(s) (see § 107.905 of this 

chapter). 


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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Proposed Rules 85683 

■ 138. In Appendix D to part 180, revise 

the second paragraph to read as follows: 

Appendix D to Part 180—Hazardous 

Materials Corrosive to Tanks or Service 

Equipment 

* * * * * 

While every effort was made to identify 

materials deemed corrosive to the tank or 

service equipment, owners and operators are 

cautioned that this list may not be inclusive. 

Tank car owners and operators are reminded 

of their duty to ensure that no in-service tank 

will deteriorate below the specified 

minimum thickness requirements in this 

subchapter. See § 180.509(f)(3). In addition, 

FRA states a tank car owner must designate 

an internal coating or lining appropriately 

based on its knowledge of the chemical and 

not rely simply on this list. Regarding future 

thickness tests, this list may also be modified 

based on an analysis of the test results by the 

car owner or the Department of 

Transportation. 

* * * * * 

Issued in Washington, DC on October 4, 

2024, under authority delegated in 49 CFR 

part 1.97. 

William S. Schoonover, 

Associate Administrator for Hazardous 

Materials Safety, Pipeline and Hazardous 

Materials Safety Administration. 

[FR Doc. 2024–23421 Filed 10–25–24; 8:45 am] 

BILLING CODE 4910–60–P 


lotter on DSK11XQN23PROD with PROPOSALS2