`[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Proposed Rules]
[Pages 85590-85683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23421]



[[Page 85589]]

Vol. 89

Monday,

No. 208

October 28, 2024

Part II





Department of Transportation





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Pipeline and Hazardous Materials Safety Administration





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49 CFR Parts 107, 171, 172, et al.





Hazardous Materials: Advancing Safety of Highway, Rail, and Vessel 
Transportation; Proposed Rule

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

[[Page 85590]]


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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).

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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 Sec. Sec.  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);

[[Page 85591]]

     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\ 
Consensus-approved 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.
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    \1\ More information about the RSAC, including HMIWG meeting 
minutes and other supporting documents can be found at: https://rsac.fra.dot.gov/.
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    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 One-Time Movement Approvals (OTMAs). These changes are 
discussed in greater detail later in ``Section IV. Section-by-Section 
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 (Sec.  171.8); notice to train crews (Sec.  174.24); 
nonconforming or leaking packages (Sec.  174.50); packagings, cargo 
tanks, and multi-unit tank car tanks in Tank-on-Flatcar (TOFC) and 
Container-on-Flatcar (COFC) service (Sec. Sec.  174.61 and 174.63), 
tank car unloading (Sec.  174.67); switching placarded railcars, 
transport vehicles, freight containers and bulk packagings (Sec.  
174.83); position of railcars (Sec.  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.
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    \2\ Comments from various associations and members of the public 
can be found at: https://www.regulations.gov/docket?D=FRA-2013-0067.
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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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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, Sec.  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 Sec.  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 Sec.  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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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 Sec.  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.
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    \3\ See Sec.  179.10.
    \4\ See Sec.  179.200-16(b).
    \5\ See Sec.  179.3.
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    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 single-source, 
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 Sec.  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 Sec.  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.
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    \6\ https://www.phmsa.dot.gov/hazmat/documents/offer/SP14437.pdf/offerserver/SP14437.
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    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

[[Page 85594]]

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 Sec. Sec.  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 Sec. Sec.  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 
Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  
179.7, and include an executive summary of their QAP with their

[[Page 85595]]

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.
---------------------------------------------------------------------------

    \7\ See NTSB Safety Recommendation R-88-063: https://www.ntsb.gov/investigations/AccidentReports/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-88-063.
    \8\ 58 FR 48485 (Sep. 16, 1993).
---------------------------------------------------------------------------

    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 Sec.  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 Sec.  
179.7 have not been modified substantively since.
---------------------------------------------------------------------------

    \9\ 60 FR 49048 (Sep. 21, 1995).
    \10\ 61 FR 33250 (Jun. 26, 1996).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \11\ https://apnews.com/article/explosions-business-1aa330c562c393a74421e4a90b9394db.
    \12\ https://www.justice.gov/usao-wy/pr/wasatch-railroad-contractors-and-its-chief-executive-officer-sentenced-wire-fraud-and.
---------------------------------------------------------------------------

    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 Sec.  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 Sec.  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.

[[Page 85596]]

    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 Sec.  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 
Sec.  179.7. PHMSA will consider any comments on this topic with 
respect to this NPRM as it evaluates petition P-1770.
---------------------------------------------------------------------------

    \13\ https://www.regulations.gov/document/PHMSA-2022-0130-0001.
---------------------------------------------------------------------------

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 Sec.  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.
---------------------------------------------------------------------------

    \14\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
---------------------------------------------------------------------------

    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 re-
installation of the service equipment is a qualification event and 
triggers the need for a leakage pressure test (see Sec.  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 Sec.  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 long-standing policy in the tank car 
industry had required tank car component manufacturers to maintain AAR-
approved 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 sub-contractors 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

[[Page 85597]]

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 
Sec.  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 self-employed, 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 
Sec.  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 Sec. Sec.  
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, Sec.  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 
(Sec.  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 Sec.  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.
---------------------------------------------------------------------------

    \15\ See NTSB Safety Recommendation R-12-007: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-007.
    \16\ See NTSB Safety Recommendation R-12-009: https://www.ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=R-12-009.
---------------------------------------------------------------------------

    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.

[[Page 85598]]

    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 Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  179.400-6.
7. Tank Car Linings and Coatings
    The HMR prescribes requirements for the inspection of tank car 
linings in Sec.  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 Sec.  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 Sec.  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 Sec.  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.
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    \17\ See Letter of Interpretation Reference No. 19-0117: https://www.phmsa.dot.gov/regulations/title49/interp/19-0117.
    \18\ 77 FR 37962 (Jun. 25, 2012).
---------------------------------------------------------------------------

    To address confusion on the applicability of tank car lining and 
coating inspections, PHMSA proposes an editorial revision of the 
requirements of Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec.  
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 Sec.  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

[[Page 85599]]

(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).''
---------------------------------------------------------------------------

    \19\ 81 FR 83190 (Nov. 21, 2016).
    \20\ See petition for rulemaking P-1667: https://www.regulations.gov/document?D=PHMSA-2015-0219-0001.
    \21\ See petition for rulemaking P-1668: https://www.regulations.gov/document?D=PHMSA-2015-0251-0001.
---------------------------------------------------------------------------

    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    PHMSA-2016-0079-0008
 (IAFC).
International Association of Fire Fighters  PHMSA-2016-0079-0011
 (IAFF).
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  PHMSA-2016-0079-0013;
 (PMAA).                                     PHMSA[dash]2016[dash]0079[d
                                             ash]0014
Public Utilities Commission of Ohio.......  PHMSA-2016-0079-0007
Transportation Trades Department, American  PHMSA-2016-0079-0015
 Federation of Labor and Congress of
 Industrial Organizations (AFL-CIO).
------------------------------------------------------------------------

    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

[[Page 85600]]

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 Sec.  172.332 for requirements on the display of UN ID 
numbers, Sec.  172.334 for the prohibited display of UN ID numbers, and 
Sec.  172.336 for special provisions and exceptions of UN ID numbers. 
In Sec.  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:
---------------------------------------------------------------------------

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

    (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 Sec.  172.336(c)(5) as:
---------------------------------------------------------------------------

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

    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 Sec.  172.336(c)(5) was not 
limited to multi-compartmented tanks carrying multiple petroleum 
distillate fuels at the same time. Specifically, if Sec.  172.336(c)(5) 
only applied to compartmented cargo tanks that transported multiple 
liquid distillate fuels at the same time, Sec.  172.336(c)(4) would be 
duplicative. Therefore, PHMSA concludes that RSPA intended Sec.  
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 Sec.  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, Sec.  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 Sec.  172.336, as 
the Hazardous Materials Table (HMT) entry for this material was removed 
in 2008. In addition, PHMSA replaced Sec. Sec.  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.
---------------------------------------------------------------------------

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

    On June 26, 2015, PHMSA published an additional Letter of 
Interpretation Reference No. 14-0178.\25\ In the incoming letter, the 
requester asserted that Sec.  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.
---------------------------------------------------------------------------

    \25\ See Letter of Interpretation Reference No. 14-0178: https://www.phmsa.dot.gov/regulations/title49/interp/14-0178.
---------------------------------------------------------------------------

    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 Sec.  
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 Sec.  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.
---------------------------------------------------------------------------

    \26\ See DOT-SP 21104: https://www.phmsa.dot.gov/hazmat/documents/offer/SP21104.pdf/2021014464/SP21104.
---------------------------------------------------------------------------

    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.

[[Page 85601]]

To ensure compliance with this requirement, PHMSA anticipates the use 
of shipping paper records (see Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec.  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 Sec.  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 Sec.  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.
---------------------------------------------------------------------------

    \27\ See petition for rulemaking P-1712: https://www.regulations.gov/docket?D=PHMSA-2018-0022.
---------------------------------------------------------------------------

    After reviewing this petition for rulemaking, PHMSA proposes to 
allow use of the Midland PRD under Sec.  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 Sec.  173.315(i)(13) in its entirety. Instead, PHMSA proposes to 
revise Sec.  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 Sec.  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 Sec.  179.100-12 to permit 
the use of an alternative means of connecting the manway protection 
housing to the tank car.
---------------------------------------------------------------------------

    \28\ See petition for rulemaking P-1724: https://www.regulations.gov/docket?D=PHMSA-2018-0111.
---------------------------------------------------------------------------

G. P-1735

    In petition for rulemaking P-1735,\29\ TTMA requested PHMSA amend 
Sec. Sec.  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.
---------------------------------------------------------------------------

    \29\ See petition for rulemaking P-1735: https://www.regulations.gov/docket?D=PHMSA-2019-0132.
---------------------------------------------------------------------------

    After reviewing this petition for rulemaking, PHMSA agrees with the

[[Page 85602]]

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 
Sec. Sec.  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 Sec.  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.
---------------------------------------------------------------------------

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

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 Sec.  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 Sec.  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 Sec.  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 Sec.  172.101, editorially revise the description of 
Column 9A ``Passenger aircraft/rail'' to clarify the meaning for rail 
transportation;
     In Sec.  172.820, add an exception for route planning for 
circumstances where no practicable alternative route exists;
     In Sec.  173.31(d), add requirements for tank car closure 
instructions;
     In Sec.  173.31(g), clarify securement requirements for 
tank car loading and unloading;
     In Sec.  174.9, revise the safety and security inspection 
requirements;
     In Sec.  174.14, add exceptions to the requirement for 
tank car movements to be expedited for certain unavoidable delays;
     Remove and reserve Sec.  174.16, because the requirements 
for removal and disposition of certain explosives are obsolete;
     Remove and reserve Sec.  174.20 because the reporting to 
the Bureau of Explosives for local and carrier restrictions is 
unnecessary;
     In Sec.  174.24, clarify requirements for providing 
shipping papers to an authorized official;
     In Sec.  174.50, revise the OTMA requirements to align 
with current FRA policy;
     In a new Sec.  174.58, clarify the meaning of ``extent 
practicable'' as used in the Sec.  171.8 definition of residue;
     In Sec.  174.59, revise requirements for replacing lost 
placards;
     In Sec.  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 Sec.  174.67, revise the transloading requirements to 
create a performance-based 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 Sec.  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 Sec. Sec.  107.1, 107.105, and 107.701, revise 
procedural requirements to accommodate the proposed new subpart J;
     In Sec.  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 
Sec. Sec.  173.241, 173.242, and 173.247;
     In Sec.  171.8, revise the definition of Design Certifying 
Engineer to create a parallel definition for tank car DCEs;
     In Sec.  179.2, revise the definitions for approved and 
tank car facility and add definitions for component and tank car;
     In Sec.  179.2, add introductory text to indicate that 
terms defined in Sec.  180.503 also apply to part 179 to address 
confusion with defined terms in these related regulatory parts;
     In Sec.  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 Sec.  179.4, revise the process for designing and 
seeking approval of a design of a new tank car specification;
     In Sec.  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 Sec.  179.6, indicate that AAR approval is no longer 
required for repairs;
     In Sec.  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 Sec.  179.11, add a reference to AAR Specifications for 
Tank Cars in Appendix W, except section 1.2, for welding requirements;
     In Sec.  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 Sec. Sec.  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 Sec. Sec.  179.100-9, 179.200-10, and 179.220-10, 
remove the sentence requiring that welding procedures, welders, and 
fabricators be approved;
     In Sec. Sec.  179.220-15 and 179.400-13, remove the 
requirement for design approval for tank cushioning systems;
     In Sec.  179.400-6, correct an editorial reference to the 
incorrect IBR material;
     In Sec. Sec.  179.500-17 and 179.500-18, revise 
recordkeeping requirements to

[[Page 85603]]

remove obsolete references to the Bureau of Explosives;
     In Sec.  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 Sec. Sec.  
179.7 and 180.513;
     In Sec.  180.503, revise the definitions for maintenance, 
modification, qualification, and service equipment;
     In Sec.  180.509(i), clarify the inspection requirements 
for linings and coatings;
     In Sec.  180.513, revise the responsibilities of tank car 
owners; and
     In Sec.  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 Sec.  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 Sec.  171.7, incorporate by reference AAR 
Specifications for Tank Cars Chapter 2, section 2.2.1.2 into Sec.  
179.102-3 to require Charpy impact testing for shell and head material 
of pressure tank cars used for poisonous-by-inhalation material.
    Related to NTSB Safety Recommendation R-12-007, PHMSA proposes to:
     In Sec.  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 Sec.  171.7, revise editorially the ASTM D 1838-64 IBR 
document to include reference to the 1968 reapproval date;
     In Sec.  171.7, update the Compressed Gas Association 
(CGA) Technical Bulletin P-26 (formerly TB-2) IBR document to the 1997 
edition;
     In Sec.  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 Sec.  173.315;
     In the Sec.  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 Sec. Sec.  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 Sec.  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 Sec. Sec.  
172.704 and 177.816;
     In Sec.  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 Sec.  177.823;
     In Sec.  177.840, clarify that the requirements apply to 
external self-closing stop valves in addition to the current 
requirement of internal self-closing stop valves;
     In Sec.  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 Sec.  178.337-1(d), allow the use of other external 
coverings besides paint;
     In Sec. Sec.  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 Sec. Sec.  178.337-10 and 178.338-10, clarify that the 
exception in Sec.  393.86 for wheels back vehicles does not apply;
     In Sec. Sec.  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 Sec. Sec.  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 Sec.  178.338-19, revise the certification language so 
that it more closely mirrors certification language for other DOT 
specification cargo tank motor vehicles;
     In Sec.  178.345-1, remove definitions that are also 
defined in Sec.  178.320;
     In Sec.  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 Sec.  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 Sec.  180.405(b)(3), provide 
instruction on the replacement of cargo tank and cargo motor vehicle 
specification plates;
     In a new Sec.  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 Sec.  180.407(a)(8), allow for the use of video 
cameras or video optics equipment for any inspection or test;
     In a new Sec.  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 Sec.  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 Sec.  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 Sec.  180.407(b), include ``bulges'' in the list of 
conditions that may render a

[[Page 85604]]

cargo tank unsafe for hazardous materials service;
     In Sec.  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 Sec.  180.407(d)(2)(i), specify that the tank shell and 
head must be evaluated in accordance with Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  180.407(d)(8), clarify inspection 
and verification requirements for welded repairs;
     In Sec.  180.407(f)(2), add documentation requirements for 
linings from the lining manufacturer or installer;
     In Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  180.411(b) list, include bulges as an 
additional condition requiring evaluation;
     In new Sec.  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 Sec.  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 Sec.  173.315(k) must be present and functioning 
before passing any test or inspection; and
     In Sec.  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 Sec.  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 Sec.  172.324;
     In new Sec.  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 Sec.  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 
Sec.  172.101 Table; and
     In Sec.  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 Sec.  171.22(f)(4), clarify requirements for providing 
hazardous material shipping paper information during inspections;
     In Sec.  172.102, revise special provision 13 to identify 
more clearly that security plan requirements apply;
     In the Sec.  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 Sec.  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 Sec.  172.516(d), clarify that the current placard 
holder is an authorized placard holder; and
     In Sec.  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.

[[Page 85605]]



                 Table 2--Sections Affected by This NPRM
------------------------------------------------------------------------
             Section affected                  Mode of transportation
------------------------------------------------------------------------
Sec.   107.1..............................  Rail.
Sec.   107.105............................  Rail.
Sec.   107.502............................  Highway.
Sec.   107.503............................  Highway.
Sec.   107.505............................  Highway.
Sec.   107.506............................  Highway.
Sec.   107.507............................  Highway.
Sec.   107.701............................  Rail.
Sec.   107.901............................  Rail.
Sec.   107.903............................  Rail.
Sec.   107.905............................  Rail.
Sec.   107.907............................  Rail.
Sec.   107.909............................  Rail.
Sec.   107.911............................  Rail.
Sec.   107.913............................  Rail.
Sec.   107.915............................  Rail.
Sec.   171.6..............................  Multi-modal.
Sec.   171.7..............................  Multi-modal.
Sec.   171.8..............................  Multi-modal.
Sec.   171.22.............................  Vessel.
Sec.   171.23.............................  Vessel.
Sec.   172.101............................  Rail.
Sec.   172.102............................  Multi-modal.
Sec.   172.303............................  Multi-modal.
Sec.   172.328............................  Highway.
Sec.   172.336............................  Multi-modal.
Sec.   172.504............................  Vessel.
Sec.   172.516............................  Multi-modal.
Sec.   172.704............................  Multi-modal.
Sec.   172.820............................  Rail.
Appendix C to Part 172....................  Multi-modal.
Sec.   173.31.............................  Rail.
Sec.   173.150............................  Highway.
Sec.   173.159............................  Multi-modal.
Sec.   173.241............................  Rail.
Sec.   173.242............................  Rail.
Sec.   173.247............................  Rail.
Sec.   173.314............................  Rail.
Sec.   173.315............................  Highway.
Sec.   173.320............................  Multi-modal.
Sec.   174.9..............................  Rail.
Sec.   174.14.............................  Rail.
Sec.   174.16.............................  Rail.
Sec.   174.20.............................  Rail.
Sec.   174.24.............................  Rail.
Sec.   174.50.............................  Rail.
Sec.   174.58.............................  Rail.
Sec.   174.59.............................  Rail.
Sec.   174.63.............................  Rail.
Sec.   174.67.............................  Rail.
Sec.   174.81.............................  Rail.
Sec.   176.2..............................  Vessel.
Sec.   176.84.............................  Vessel.
Sec.   176.340............................  Vessel.
Sec.   176.905............................  Vessel.
Sec.   177.801............................  Highway.
Sec.   177.804............................  Highway.
Sec.   177.816............................  Highway.
Sec.   177.835............................  Highway.
Sec.   177.837............................  Highway.
Sec.   177.840............................  Highway.
Sec.   177.841............................  Highway.
Sec.   178.320............................  Highway.
Sec.   178.337-1..........................  Highway.
Sec.   178.337-2..........................  Highway.
Sec.   178.337-3..........................  Highway.
Sec.   178.337-8..........................  Highway.
Sec.   178.337-9..........................  Highway.
Sec.   178.337-10.........................  Highway.
Sec.   178.337-17.........................  Highway.
Sec.   178.337-18.........................  Highway.
Sec.   178.338-3..........................  Highway.
Sec.   178.338-10.........................  Highway.
Sec.   178.338-11.........................  Highway.
Sec.   178.338-18.........................  Highway.
Sec.   178.338-19.........................  Highway.
Sec.   178.345-1..........................  Highway.
Sec.   178.345-3..........................  Highway.
Sec.   178.345-8..........................  Highway.
Sec.   178.345-11.........................  Highway.
Sec.   178.345-13.........................  Highway.
Sec.   178.345-14.........................  Highway.
Sec.   178.345-15.........................  Highway.
Sec.   178.348-1..........................  Highway.
Sec.   179.2..............................  Rail.
Sec.   179.3..............................  Rail.
Sec.   179.4..............................  Rail.
Sec.   179.5..............................  Rail.
Sec.   179.6..............................  Rail.
Sec.   179.7..............................  Rail.
Sec.   179.10.............................  Rail.
Sec.   179.11.............................  Rail.
Sec.   179.24.............................  Rail.
Sec.   179.100-9..........................  Rail.
Sec.   179.100-10.........................  Rail.
Sec.   179.100-12.........................  Rail.
Sec.   179.100-18.........................  Rail.
Sec.   179.102-3..........................  Rail.
Sec.   179.103-5..........................  Rail.
Sec.   179.200-7..........................  Rail.
Sec.   179.200-10.........................  Rail.
Sec.   179.200-11.........................  Rail.
Sec.   179.200-17.........................  Rail.
Sec.   179.200-22.........................  Rail.
Sec.   179.220-10.........................  Rail.
Sec.   179.220-11.........................  Rail.
Sec.   179.220-15.........................  Rail.
Sec.   179.220-18.........................  Rail.
Sec.   179.300-9..........................  Rail.
Sec.   179.300-10.........................  Rail.
Sec.   179.400-5..........................  Rail.
Sec.   179.400-6..........................  Rail.
Sec.   179.400-11.........................  Rail.
Sec.   179.400-12.........................  Rail.
Sec.   179.400-13.........................  Rail.
Sec.   179.400-15.........................  Rail.
Sec.   179.400-18.........................  Rail.
Sec.   179.400-19.........................  Rail.
Sec.   179.500-17.........................  Rail.
Sec.   179.500-18.........................  Rail.
Appendix B to Part 179....................  Rail.
Sec.   180.3..............................  Multi-modal.
Sec.   180.403............................  Highway.
Sec.   180.405............................  Highway.
Sec.   180.407............................  Highway.
Sec.   180.409............................  Highway.
Sec.   180.411............................  Highway.
Sec.   180.413............................  Highway.
Sec.   180.415............................  Highway.
Sec.   180.416............................  Highway.
Sec.   180.501............................  Rail.
Sec.   180.503............................  Rail.
Sec.   180.509............................  Rail.
Sec.   180.513............................  Rail.
Sec.   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 cross-reference 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 Sec.  180.403. 
In addition--and as detailed later in this rulemaking--PHMSA proposes 
to add a definition of component to Sec.  178.320(a) and a definition 
of maintenance to Sec.  180.403, and PHMSA proposes to reference these

[[Page 85606]]

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. 
Section-by-Section Review; Part 178; Section 178.320'' and ``Section 
IV. Section-by-Section 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 
Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  107.505 (along 
with Sec.  107.506 for reconsideration and Sec.  107.507 for appeal) to 
provide this authority. PHMSA proposes that this modification, 
suspension, or termination process in Sec.  107.505 be consistent with 
existing FMCSA procedures for adjudicating motor carrier violations.
---------------------------------------------------------------------------

    \31\ See NTSB Safety Recommendation H-18-005: https://ntsb.gov/safety/safety-recs/_layouts/ntsb.recsearch/Recommendation.aspx?Rec=H-18-005.
---------------------------------------------------------------------------

    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

[[Page 85607]]

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 
Sec.  109.17 of this subchapter.
    As proposed in paragraph (c), the rules of practice for FMCSA 
proceedings for service and computation of time in Sec. Sec.  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 Sec.  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 Sec.  
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 Sec.  
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 Sec. Sec.  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 Sec.  
107.505 and has been denied reconsideration in accordance with proposed 
Sec.  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 
Sec. Sec.  107.505 and 107.506, the language in proposed Sec.  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 Sec. Sec.  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 (Sec. Sec.  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 Sec.  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 Sec.  107.903 details terms used in part 
107, subpart

[[Page 85608]]

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 Sec.  171.8), Qualification (defined in 
Sec.  180.503), Tank car (defined in Sec.  179.2), Tank car facility 
(defined in Sec.  179.2), and Tank car tank (defined in Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  
171.8. PHMSA anticipates that this information will allow for effective 
oversight of registered tank car facilities.
Section 107.909
    This proposed new Sec.  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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec. Sec.  107.911 
and 107.913, the language in Sec.  107.915 mirrors the current appeal 
process for DOT special permits and approvals in Sec. Sec.  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

[[Page 85609]]

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 Sec.  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 
Sec.  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 Sec.  179.13, and move the current S-286 IBR 
reference to Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  179.11.
    Additional information on the purpose and intent of these IBRs can 
be found in their respective section-by-section 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 Sec.  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 Sec.  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

[[Page 85610]]

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:
    [cir] Add ``solids'' and ``semi-solids'' to the list of materials 
transported in cargo tanks, consistent with the Sec.  178.320(a) 
definition of cargo tank;
    [cir] 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'';
    [cir] Alphabetize the list of parts of a cargo tank encompassed in 
the definition;
    [cir] 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);
    [cir] Add a reference to Sec.  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 Sec. Sec.  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 Sec.  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 non-bulk packages 
that contain reportable quantities of a hazardous substance. The HMR do 
not currently require this marking on bulk packages because Sec.  
172.324, which requires the ``RQ'' marking, only applies to non-bulk 
packages. However, PHMSA and USCG understand that international 
shippers occasionally misinterpret Sec.  171.23(b) as requiring this 
marking on bulk packagings. This proposed revision is

[[Page 85611]]

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 passenger-carrying rail car. However, as defined in Sec.  
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 Sec.  172.101(j) to indicate instead that Column 
(9A) is for the quantity limitation of passenger-carrying 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:
---------------------------------------------------------------------------

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

    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 Sec.  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 Sec.  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 Sec.  172.303 to mirror the allowance in Sec.  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 Sec.  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 Sec.  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

[[Page 85612]]

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 Sec.  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-by-Section 
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 Sec.  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 Sec.  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 function-specific training in 
Sec.  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:
---------------------------------------------------------------------------

    \33\ 20 FR 20944 (May 15, 1992).
    \34\ 68 FR 14510 (Mar. 25, 2003).

    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

[[Page 85613]]

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.
---------------------------------------------------------------------------

    \35\ See Letter of Interpretation Reference No. 05-0064: https://www.phmsa.dot.gov/regulations/title49/interp/05-0064.
---------------------------------------------------------------------------

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 Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 Sec.  
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.
---------------------------------------------------------------------------

    \36\ 76 FR 43510 (Jul. 20, 2011).
---------------------------------------------------------------------------

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 Sec.  173.31(d). For clarity, PHMSA proposes to 
amend the format of paragraph (d) by revising the paragraph title to 
read ``pre-transportation closure, securement, and examination of tank 
cars'' and providing each paragraph a title. PHMSA proposes

[[Page 85614]]

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 Sec.  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 Sec.  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 Sec.  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 intra-plant 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.
---------------------------------------------------------------------------

    \37\ See 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).
---------------------------------------------------------------------------

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 Sec.  173.150(f)(3)(viii), 
PHMSA proposes to add a reference to Sec.  177.837(c). This is a 
conforming amendment to the proposed requirement in Sec.  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 Sec.  
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 Sec.  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 Sec.  
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 Sec.  
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,

[[Page 85615]]

packages containing hazardous materials are required to be secured 
against shifting while in transportation in accordance with Sec. Sec.  
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 Sec.  
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 Sec. Sec.  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 tie-downs, 
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.
---------------------------------------------------------------------------

    \38\ 21 FR 4432 (June 23, 1956).
    \39\ See Letter of Interpretation Reference No. 19-0039: https://www.phmsa.dot.gov/regulations/title49/interp/19-0039.
    \40\ See Letter of Interpretation Reference No. 11-0198: https://www.phmsa.dot.gov/regulations/title49/interp/11-0198.
---------------------------------------------------------------------------

    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 
Sec.  173.159(e). While these shipments are not subject to many of the 
HMR provisions, including Sec.  172.704 training requirements, a person 
who is complying with Sec.  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 Sec.  
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 Sec.  173.159(e) and add only minimal burden because, as 
previously mentioned, being aware of the requirements of Sec.  
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, Sec.  173.242 authorizes AAR Class 206W tank cars, 
and Sec.  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 Sec.  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

[[Page 85616]]

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.
---------------------------------------------------------------------------

    \41\ https://www.fmcsa.dot.gov/regulations/hazardous-materials/cargo-tank-safety.
    \42\ The report is available at: https://rosap.ntl.bts.gov/view/dot/163.
    \43\ https://data.ntsb.gov/carol-main-public/basic-search.
---------------------------------------------------------------------------

    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 Sec.  
177.840(p). PHMSA does not intend to make any substantive changes to 
existing requirements in this table, however we are adding information 
from Sec.  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 Sec.  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 Sec.  
172.101 Hazardous Materials Table are the same as the materials defined 
as ``atmospheric gases'' in Sec.  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 Sec.  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 Sec.  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

[[Page 85617]]

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, Sec.  
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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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

[[Page 85618]]

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 non-emergency situations, where an emergency is 
defined as an event when an emergency response telephone number, as 
specified in Sec.  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 Sec.  
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-by-Section 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 non-conforming or leaking package, unless 
movement is necessary to reduce or eliminate an immediate safety risk. 
PHMSA proposes to revise Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  174.50:
---------------------------------------------------------------------------

    \44\ See HMG-127: https://www.regulations.gov/document/PHMSA-2018-0080-0001.
---------------------------------------------------------------------------

     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 Sec.  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

[[Page 85619]]

familiar with the OTMA process. In Sec.  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 Sec.  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 Sec.  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 Sec.  174.50(b)(4).
---------------------------------------------------------------------------

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

    PHMSA expects the revisions proposed to Sec.  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 non-accidental releases, creating safety and environmental 
benefits.
Section 174.58
    PHMSA proposes to add Sec.  174.58 to detail what ``extent 
practicable'' means for rail transportation with respect to the Sec.  
171.8 definition of residue. This language was originally proposed as a 
change to the definition of residue in Sec.  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 Sec.  171.8 to 
Sec.  174.58. If RSAC's proposed revision is made in Sec.  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 Sec.  174.58, instead of as part 
of the definition of residue in Sec.  171.8 which has broader 
applicability. Note that in accordance with the Sec.  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 Sec.  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 Sec.  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 Sec.  174.59 
removes reference to ``car certificates.'' PHMSA and FRA seek comment 
on the removal of the reference to ``car certificates'' in Sec.  
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 multi-unit tank 
car tanks transported by rail. PHMSA proposes to make editorial 
revisions to the title of Sec.  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

[[Page 85620]]

proposes to revise the condition in paragraph (c)(1), which outlines 
authorized packaging sections, by adding packagings authorized in Sec.  
173.247 for elevated temperature materials to the list of packaging 
sections, as well as Division 2.2 materials not specifically listed in 
the Sec.  173.315(a)(2) table that are packaged as authorized in the 
table and Sec.  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 non-flammable 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 Sec.  
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 Sec.  173.31 (Use of Tank Cars) and, as such, proposes to add 
reference to Sec.  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 Sec.  
173.31(g), as the language currently in paragraph (a)(2) is 
unnecessarily duplicative of the requirements in Sec.  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 Sec.  
173.31(g) (see discussion of proposed amendments to Sec.  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 Sec.  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

[[Page 85621]]

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 Sec.  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 RSAC-approved 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 Sec.  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

[[Page 85622]]

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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 
Sec.  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.
---------------------------------------------------------------------------

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

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 Sec.  
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 Sec.  172.101(k)), however Sec.  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 Sec.  172.101(k) created confusion for shippers and vessel 
operators. IVODGA requested that PHMSA revise Sec.  176.84 editorially 
to reiterate that limited quantities are not subject to the stowage 
codes assigned by Column 10B of the Sec.  172.101 HMT. PHMSA and the 
USCG agree that Sec.  176.84 should be revised editorially to reiterate 
the limited quantity exception to reduce confusion. Therefore, PHMSA 
proposes to revise Sec.  176.84(a) editorially by duplicating the 
limited quantity exception language from Sec.  172.101(k). PHMSA 
expects this revision will increase safety and efficiency by reducing 
confusion for shippers and carriers of limited quantity materials.
---------------------------------------------------------------------------

    \47\ See IVODGA OST Regulatory Reform comment: https://www.regulations.gov/document?D=DOT-OST-2017-0069-2399.
---------------------------------------------------------------------------

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

[[Page 85623]]

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 Sec.  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 
Sec. Sec.  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 three-year refresher training 
required by Sec. Sec.  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 Sec.  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 Sec.  
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 
Sec.  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 Sec.  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 Sec.  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 Sec.  177.823.
---------------------------------------------------------------------------

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

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

[[Page 85624]]

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 Sec.  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 
self-closing 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 self-closing stop valve. All three of 
these paragraphs only reference internal self-closing 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 self-closing 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 self-closing 
stop valves to comply with the same requirements as internal self-
closing 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 Sec.  178.320, PHMSA noted 
that cargo tank was also defined in Sec.  171.8, with minor editorial 
differences. PHMSA proposes to revise the Sec.  171.8 definition of 
cargo tank to align with the current definition in Sec.  178.320. See 
``Section IV. Section-by-Section Review; Part 171; Section 171.8'' for 
details on the proposed changes to the Sec.  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 Sec.  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 Sec.  
178.320 for the definition of cargo tank is able to locate the 
definition in Sec.  171.8 easily.
     Cargo tank motor vehicle: The definition of cargo tank 
motor vehicle is currently defined in both Sec. Sec.  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 Sec.  178.320 definition of cargo tank motor vehicle with a 
reference to the definition in Sec.  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

[[Page 85625]]

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 Sec.  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 Sec.  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.
---------------------------------------------------------------------------

    \49\ See Letter of Interpretation Reference No. 03-0057: https://www.phmsa.dot.gov/regulations/title49/interp/03-0057.
---------------------------------------------------------------------------

     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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  178.345-1(c) to Sec.  178.320.
     Shear section: PHMSA noted that shear section is currently 
defined in Sec.  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 Sec.  178.345-1(c) to Sec.  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

[[Page 85626]]

Sec. Sec.  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 Sec.  178.320, PHMSA noted duplicative 
definitions for internal self-closing stop valves in Sec. Sec.  178.320 
and 178.337-1. PHMSA proposes to remove the definition of internal 
self-closing stop valves in Sec.  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 Sec.  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 Sec. Sec.  178.337-3 and 178.338-3 and 
paragraph (f) in Sec.  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 Sec. Sec.  178.337-3 and 178.338-3 and 
paragraph (f)(3) of Sec.  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.
---------------------------------------------------------------------------

    \50\ See 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.
---------------------------------------------------------------------------

    PHMSA also proposes minor editorial revisions to Sec. Sec.  
178.338-3(g)(3) as well as Sec.  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 Sec.  
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 Sec.  178.345-3(f) for DOT 
400 series cargo tanks, but it was identified in Sec.  178.337-3(g) for 
MC 331 cargo tanks and Sec.  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 Sec.  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 Sec.  178.345-
3(f)(3) to read as ``shell wall or head wall,'' similar to Sec. Sec.  
178.337-3(g)(3) and 178.338-3(g)(3).
    Furthermore, Sec. Sec.  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.
---------------------------------------------------------------------------

    \51\ 68 FR 19257 (April 18, 2003).
---------------------------------------------------------------------------

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; 
Sec.  178.338-11 details discharge control devices for DOT 
Specification MC 338 cargo tank motor vehicles; and

[[Page 85627]]

Sec.  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 Sec.  178.337-8, paragraph (c)(2)(iii) in 
Sec.  178.338-11, and paragraph (b)(1)(iv) in Sec.  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 
Sec. Sec.  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 Sec.  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 
Sec.  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 Sec.  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 Sec.  178.320.
    Paragraph (c)(1) also specifies the rear bumper dimensions must 
meet the requirements of Sec.  393.86. However, FMCSA notes there is 
stakeholder confusion on whether the referenced dimensional 
requirements or the wheels back vehicle exception in Sec.  393.86 
applies. The historical applicability and intent of this paragraph is 
that the referenced dimensional requirements in Sec.  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

[[Page 85628]]

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 Sec. Sec.  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 Sec. Sec.  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 Sec.  178.338-18(a). PHMSA 
expects this proposed language better aligns this section with 
Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  
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 
Sec. Sec.  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 Sec.  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 Sec.  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

[[Page 85629]]

these types of cargo tank motor vehicles. However, there are several 
definitions in Sec.  178.345-1 that are also found in Sec.  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 
Sec.  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 Sec.  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.
[GRAPHIC] [TIFF OMITTED] TP28OC24.000

    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

[[Page 85630]]

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 Sec. Sec.  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 Sec.  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 Sec. Sec.  
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 Sec. Sec.  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 Sec. Sec.  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.

[[Page 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 Sec. Sec.  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 Sec.  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-

[[Page 85632]]

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., Sec.  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 Sec. Sec.  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 Sec.  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-by-inhalation 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 [deg]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 
[deg]F in accordance with Sec.  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-by-inhalation 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

[[Page 85633]]

by increasing clarity on steel toughness requirements for PIH tank 
cars.
---------------------------------------------------------------------------

    \52\ See NTSB Safety Recommendation R-19-001: https://www.ntsb.gov/safety/safety-recs/recletters/R-19-001-005.pdf.
---------------------------------------------------------------------------

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 
non-pressure 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 Sec.  179.100-7 for pressure tank 
cars. PHMSA has also received a petition requesting authorization to 
use ASTM A 537 steel in construction of non-pressure 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.
---------------------------------------------------------------------------

    \53\ See Letter of Interpretation Reference No. 19-0076: https://www.phmsa.dot.gov/regulations/title49/interp/19-0076.
    \54\ See https://www.regulations.gov/document/PHMSA-2021-0101-0001.
    \55\ See DOT-SP 20908: https://www.phmsa.dot.gov/approvals-and-permits/hazmat/file-serve/offer/SP20908.pdf/offerserver/SP20908.
---------------------------------------------------------------------------

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.

[[Page 85634]]

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 Sec.  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.
---------------------------------------------------------------------------

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

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 Sec.  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

[[Page 85635]]

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 
Sec.  180.403 definitions:
     Repair: PHMSA proposes to utilize the existing definition 
of rebarrelling to better define the term repair. As defined in Sec.  
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 Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec. Sec.  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 [Sec.  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 Sec.  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

[[Page 85636]]

to transportation. FMCSA has encountered cargo tank motor vehicles 
where adhesive tape or other non-durable 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 Sec. Sec.  180.407 and 
180.413 so that Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  
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, Sec.  
180.407(h) details requirements for certain non-specification 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 Sec.  
173.33(a)(3). This is currently authorized in the HMR and this proposal 
reinforces that allowance. Furthermore, while Sec.  173.33(a)(3) refers 
to Sec.  180.407(a)(1), there is no reciprocal reference to Sec.  
177.33(a)(3) in Sec.  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 Sec.  173.33(a)(3) to complete the cross-
reference. 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 Sec.  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

[[Page 85637]]

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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 85638]]

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 Sec. Sec.  
180.407(d)(2) through (d)(6), the cargo tank must also be given an 
internal visual inspection in accordance with Sec.  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 Sec.  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 Sec.  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 Sec.  180.407(c). While not 
currently specified in paragraph (d)(2)(iv), inspection of emergency 
discharge devices and valves is referenced in Sec.  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 non-mechanical 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

[[Page 85639]]

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).
---------------------------------------------------------------------------

    \57\ See 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.
---------------------------------------------------------------------------

    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 Sec.  
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

[[Page 85640]]

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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  171.7. See 
``Section IV. Section-by-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.

[[Page 85641]]

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 non-specification cargo tank motor vehicle authorized under 
Sec.  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 non-specification cargo tank 
authorized under Sec.  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 Sec.  
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 
Sec.  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 non-specification cargo tank motor 
vehicles authorized under Sec.  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 Sec.  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 Sec.  
173.315(n). PHMSA expects that codifying this information in the HMR 
will increase compliance and therefore, increase safety.
---------------------------------------------------------------------------

    \58\ See the August 1, 2012, notice at: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Important%20Notice%20Regarding%20Anhydrous%20Ammonia%20and%20Liquefied%20Petroleum%20Gas%20Hoses_508CLN.pdf.
---------------------------------------------------------------------------

    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

[[Page 85642]]

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 Sec.  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 Sec.  
180.407(h)(4). However, because Sec.  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 
Sec.  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 Sec.  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 Sec.  180.407(c). This aligns with current regulatory requirements, 
but provides additional clarity, specifically for scenarios where a 
non-conforming cargo tank motor vehicle may not be marked as a DOT 
specification cargo tank until it has been repaired and can pass the 
appropriate Sec.  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 Sec.  171.8. See ``Section IV. Section-by-Section 
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

[[Page 85643]]

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 Sec.  180.416. PHMSA 
proposes to revise editorially ``nonspecification cargo tanks'' to 
``non-specification 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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  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

[[Page 85644]]

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 Sec. Sec.  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.
---------------------------------------------------------------------------

    \59\ 58 FR 51735 (Oct. 4, 1993).
    \60\ 88 FR 21879 (Apr. 11, 2023).
---------------------------------------------------------------------------

    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.''
---------------------------------------------------------------------------

    \61\ 64 FR 43255 (Aug. 10, 1999).
    \62\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    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;

[[Page 85645]]

    (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-by-case 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.
---------------------------------------------------------------------------

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

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-for-profit 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\
---------------------------------------------------------------------------

    \64\ 67 FR 53461 (Aug. 16, 2002).
    \65\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last visited Jun. 17, 2021).
---------------------------------------------------------------------------

    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 Sec.  180.407(f)(2) for a 
cargo tank owner to provide paperwork to the Registered Inspector prior 
to lining inspection and Sec.  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 Sec.  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 Sec.  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-of-pocket 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

[[Page 85646]]

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 Sec.  180.503(b)(3). Therefore, 
PHMSA is not including a new information collection for this 
requirement.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Increase in                     Increase in                     Increase in     Increase in
             Information collection details                  number of     Response per      number of      Minutes per    annual burden   annual burden
                                                            respondents     respondent       responses       response          hours           costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Obtain and Provide Paperwork for Lining Inspection--Sec.           1,333              60          79,980               5           6,665              $0
   180.407(f)(2)........................................
Registration Number on Cargo Tank--Sec.   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 Sec.  174.20 and reduction in the number of OTMA applications 
under Sec.  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 Sec.  
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 Sec.  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 Sec. Sec.  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 
Sec.  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 Sec.  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 Sec.  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

[[Page 85647]]

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 Sec.  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-of-pocket 
expenses.
    PHMSA proposes to remove Sec.  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 Sec.  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-of-pocket expenses.
    In Sec.  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 Sec.  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 Sec. Sec.  
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:

----------------------------------------------------------------------------------------------------------------
                                                                                          Change in   Change in
                                        Change in    Responses   Change in    Time per      total       annual
   Information collection request       number of       per      number of    response     burden       burden
                                       respondents  respondent   responses                  hours       costs
----------------------------------------------------------------------------------------------------------------
Tank Car Facility Registration--Sec.           280           1         280      2 hours         560           $0
   107.905..........................
DCE Registration--Sec.   107.907....            25           1          25      2 hours          50            0
Tank Car Facility & DCE Registration            45           1          45    5 minutes           4            0
 Record Retention--Sec.   107.909(e)
Tank Car Tank Car Facility & DCE                 0           0           0   30 minutes           0            0
 Registration--Renew or Update
 Registration--Sec.   107.909(e)....
DCE Approval when a Tank Car Carries             0          48           0   10 minutes           0            0
 a Commodity other than Specified on
 a Certificate of Construction or
 DAC--Sec.   173.31(a)(2)...........
Procedures for Closing and Securing          4,619           1       4,619     16 hours      70,280            0
 All Openings on a Tank Car--Sec.
 173.31(d)(1)--NEW..................
Procedures for Closing and Securing            231           1         231     40 hours       9,240  ...........
 All Openings on a Tank Car--Sec.
 173.31(d)(1)--UPDATES..............
Record Required for Car Being Held--           100         100      10,000    5 seconds          14            0
 Sec.   174.14(a)...................
Reporting to the Bureau of                     -34         1.5         -51   20 minutes         -17            0
 Explosives Regarding any
 Restrictions Over Any Portion of
 its Lines--Sec.   174.20(b)........
OTMA Application--Sec.   174.50(c)..           -54           9        -575   24 minutes        -202            0
OTMA Documentation--Sec.   174.50(d)            56           1          56    5 minutes           5            0
DCE Written Procedure to Verify                 25           1          25      8 hours         200            0
 Compliance--Sec.   179.3(b)........
DCE Providing DAC Requirements--Sec.            25          14         350     10 hours       3,500            0
  Sec.   179.3(d), 179.5............
----------------------------------------------------------------------------------------------------------------

    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 Sec.  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, Sec.  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

[[Page 85648]]

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.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Change in
     Information collection details--alternate route         Change in       number of       Change in     Burden hours      Change in       Change in
               analysis--Sec.   172.820(d)                   number of      routes per       number of       per route     total burden    total burden
                                                             railroads       railroad         routes                           hours           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, [email protected], 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 Sec.  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

[[Page 85649]]

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 long-standing 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 non-accidental releases of hazardous 
materials. Based on a review of non-accident 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 Sec.  174.58, authorizing additional types of packages for 
COFC/TOFC service without FRA approval in Sec.  174.63, and revising 
transloading requirements in Sec.  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

[[Page 85650]]

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, low-income populations, and disadvantaged communities.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

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

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

[[Page 85651]]

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.
---------------------------------------------------------------------------

    \71\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

    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 Sec.  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.
---------------------------------------------------------------------------

    \72\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \73\ 86 FR 26633 (May 17, 2021).
    \74\ TSA, Security Directive No. 1580/82-2022-01, ``Rail 
Cybersecurity Mitigation Actions and Testing'' (Oct. 24, 2022).
---------------------------------------------------------------------------

    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,

[[Page 85652]]

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

0
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.

0
2. In Sec.  107.1, revise the definition of ``registration'' to read as 
follows:


Sec.  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.
* * * * *
0
3. In 107.105, revise paragraph (a)(5) to read as follows:


Sec.  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.
* * * * *
0
4. In Sec.  107.502:
0
a. Revise paragraphs (a)(3), (b), (d), and (e); and
0
b. Add paragraphs (a)(4) through (9) and (f).
    The revisions and additions read as follows:


Sec.  107.502  General registration requirements.

    (a) * * *
    (3) The terms cargo tank wall, component, and manufacturer are 
defined in Sec.  178.320(a) of this chapter. The terms maintenance, 
modification, and repair are defined in Sec.  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 Sec.  
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 Sec.  
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/UrsRegistrationWizard/, 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.
0
5. In Sec.  107.503:
0
a. Revise paragraphs (a)(2), (a)(4), and (c); and
0
b. Add paragraph (d).
    The revisions and addition read as follows:


Sec.  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 Sec.  171.8 of this 
chapter, has been trained in accordance with Sec.  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

[[Page 85653]]

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.
0
6. Add Sec.  107.505 to read as follows:


Sec.  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 Sec. Sec.  
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 Sec.  109.1 
of this subchapter, FMCSA may issue an immediately effective emergency 
order to the registration holder in accordance with Sec.  109.17 of 
this subchapter. Petitions for review of the emergency order shall be 
governed by Sec.  109.19 of this subchapter.
0
7. Add Sec.  107.506 to read as follows:


Sec.  107.506  Reconsideration.

    (a) A registration holder may request that the FMCSA Agency 
Official reconsider a decision under Sec.  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 Sec.  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 Sec.  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 Sec. Sec.  
386.6 and 386.8 of this title shall apply to this section, except that 
electronic service is permitted.
0
8. Add Sec.  107.507 to read as follows:


Sec.  107.507  Appeal.

    (a) A person who requested reconsideration under Sec.  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 
[email protected]. 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

[[Page 85654]]

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 Sec. Sec.  386.6, 386.7, and 386.8 of this title shall apply to 
this section, except that electronic service is permitted.
0
9. In Sec.  107.701, revise paragraph (c) to read as follows:


Sec.  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.
0
10. In part 107, subpart J is added to read as follows:

Subpart J--Registration of Tank Car Facilities and Design 
Certifying Engineers

Sec.  107.901 Purpose and Scope.
Sec.  107.903 Definitions.
Sec.  107.905 Tank car facility registration.
Sec.  107.907 Tank car design certifying engineer registration.
Sec.  107.909 Period of registration, updates, and record retention.
Sec.  107.911 Modification, suspension, or termination of 
registration.
Sec.  107.913 Reconsideration.
Sec.  107.915 Appeal.


Sec.  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.


Sec.  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 Sec.  171.8 of this 
chapter.
    FRA Administrator means the Administrator of the Federal Railroad 
Administration.
    Qualification is defined in Sec.  180.503 of this chapter.
    Tank car is defined in Sec.  179.2 of this chapter.
    Tank car facility is defined in Sec.  179.2 of this chapter.
    Tank car tank is defined in Sec.  180.503 of this chapter.


Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  105.40 of this subchapter to serve 
as agent for service of process.


Sec.  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

[[Page 85655]]

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 Sec.  171.8 of this chapter; has been trained 
in accordance with Sec.  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 Sec.  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 Sec.  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.


Sec.  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 Sec. Sec.  107.905 or 107.907 
of this subpart. Any person initially registered under the provisions 
of Sec. Sec.  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 
Sec. Sec.  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 Sec.  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 Sec. Sec.  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 Sec. Sec.  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.


Sec.  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 
[email protected].
    (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.

[[Page 85656]]

Sec.  107.913  Reconsideration.

    (a) A registration holder may request that the Associate 
Administrator for Safety, FRA reconsider a decision under Sec.  107.911 
of this subpart. The request must:
    (1) Be filed in accordance with the procedures of 49 CFR 209.9 with 
[email protected] 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.


Sec.  107.915  Appeal.

    (a) A person who requested reconsideration under Sec.  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 
[email protected] 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

0
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.

0
12. In Sec.  171.6, revise the table in paragraph (b)(2) to read as 
follows:


Sec.  171.6  Control numbers under the Paperwork Reduction Act.

* * * * *
    (b) * * *
    (2) * * *

------------------------------------------------------------------------
                                                    Title 49 CFR part or
                                                       section where
  Current OMB control number          Title            identified and
                                                         described
------------------------------------------------------------------------
2137-0014.....................  Cargo Tank         Sec.  Sec.   107.503,
                                 Specification      107.504, 107.505,
                                 Requirements.      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     Sec.  Sec.   173.24,
                                 Testing of         173.32, 178.3,
                                 Portable Tanks     178.255, 178.273,
                                 and Intermediate   178.274, 178.703,
                                 Bulk Containers.   178.801, 180.352,
                                                    180.605.
2137-0022.....................  Testing,           Sec.  Sec.   173.5b,
                                 Inspection, and    173.302a, 173.303,
                                 Marking            173.304, 173.309,
                                 Requirements for   178.2, 178.3,
                                 Cylinders.         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          Sec.  Sec.   172.200,
                                 Materials          172.201, 172.202,
                                 Shipping Papers    172.203, 172.204,
                                 and Emergency      172.505, 172.600,
                                 Response           172.602, 172.604,
                                 Information.       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          Sec.  Sec.   171.15,
                                 Materials          171.16, 171.21.
                                 Incidents
                                 Reports.
2137-0051.....................  Rulemaking and     Sec.  Sec.   105.30,
                                 Special Permit     105.40, 106.95,
                                 Petitions.         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                Part 173, subpart I,
                                 Transportation     Sec.  Sec.   173.22,
                                 Requirements.      173.411, 173.415,
                                                    173.416, 173.417,
                                                    173.457, 173.471,
                                                    173.472, 173.473,
                                                    173.476.
2137-0542.....................  Flammable          Sec.  Sec.   173.318,
                                 Cryogenic          177.816, 177.840,
                                 Liquids.           180.405.
2137-0557.....................  Approvals for      Sec.  Sec.   107.402,
                                 Hazardous          107.403, 107.405,
                                 Materials.         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   Sec.  Sec.   107.905,
                                 Tank Car Tanks     107.907, 107.909,
                                 Requirements,      107.911, 107.913,
                                 Rail Tank Car      107.915, 172.102,
                                 Tanks--Transport   Special provisions:
                                 ation of           B45, B46, B55, B61,
                                 Hazardous          B69, B77, B78, B81;
                                 Materials by       173.10, 173.31,
                                 Rail.              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            Sec.  Sec.   173.168,
                                 Requirements for   178.2, 178.601,
                                 Non-bulk           Appendix C to part
                                 Packages.          178, Appendix D to
                                                    part 178.

[[Page 85657]]

 
2137-0582.....................  Container          Sec.  Sec.   176.27,
                                 Certification      176.172.
                                 Statement.
2137-0586.....................  Hazardous          Part 110.
                                 Materials Public
                                 Sector Training
                                 and Planning
                                 Grants.
2137-0591.....................  Response Plans     Part 130.
                                 for Shipments of
                                 Oil.
2137-0595.....................  Cargo Tank Motor   Sec.  Sec.   173.315,
                                 Vehicles in        178.337-8, 178.337-
                                 Liquefied          9, 180.405, 180.416.
                                 Compressed Gas
                                 Service.
2137-0612.....................  Hazardous          Part 172, subpart I,
                                 Materials          Sec.  Sec.
                                 Security Plans.    172.800, 172.802,
                                                    172.804.
2137-0613.....................  Subsidiary Hazard  Sec.  Sec.   172.202,
                                 Class and Number/  172.203.
                                 Type of
                                 Packagings.
2137-0620.....................  Inspection and     Part 173, subpart A,
                                 Testing of Meter   Sec.   173.5a.
                                 Provers.
2137-0621.....................  Requirements for   Sec.  Sec.   173.301,
                                 United Nations     173.304, 173.304b,
                                 (UN) Cylinders.    178.69, 178.70,
                                                    178.74, 178.75,
                                                    180.207, 180.209,
                                                    180.212, 180.215,
                                                    180.217.
2137-0628.....................  Flammable          Sec.  Sec.   130.120,
                                 Hazardous          171.16, 173.41,
                                 Materials by       173.145, 173.150,
                                 Rail               174.310, 174.312.
                                 Transportation.
------------------------------------------------------------------------

0
13. In Sec.  171.7:
0
a. Revise paragraphs (h)(39), (k), and (l)(3);
0
b. Remove and reserve paragraph (l)(4); and
0
c. Revise paragraph (n)(21).
    The revisions read as follows:


Sec.  171.7  Reference material.

* * * * *
    (h) * * *
    (39) ASTM D 1838-64 Copper Strip Corrosion by Liquefied Petroleum 
(LP) Gases, 1964 (Reapproved 1968), into Sec.  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 Sec.  
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 Sec.  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 Sec.  
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 Sec.  
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 
Sec. Sec.  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 Sec.  
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 Sec.  
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 
Sec. Sec.  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 
Sec. Sec.  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 Sec.  
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 
Sec. Sec.  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 
Sec. Sec.  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 Sec.  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 Sec. Sec.  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 
Sec. Sec.  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 
Sec.  179.13.
* * * * *
    (l) * * *
    (3) Pamphlet 49, Recommended Practices for Handling Chlorine Bulk 
Highway Transports, Edition 10, December 2016, into Sec.  173.315.
    (4) [Reserved]
* * * * *
    (n) * * *

[[Page 85658]]

    (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 Sec. Sec.  180.407; 180.413.
* * * * *
0
14. In Sec.  171.8, revise the definitions of ``cargo tank'' and 
``design certifying engineer'' to read as follows:


Sec.  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.
* * * * *
0
15. In Sec.  171.22, revise paragraph (f)(4) to read as follows:


Sec.  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 Sec. Sec.  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 Sec.  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.
* * * * *
0
16. In Sec.  171.23, revise paragraphs (b)(5) introductory text and 
(b)(5)(iii) to read as follows:


Sec.  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 Sec.  171.8, must conform to the 
shipping paper requirements in Sec.  172.203(c) of this subchapter. 
Non-bulk packages must be marked in accordance with the requirements in 
Sec.  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

0
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.

0
18. In Sec.  172.101, revise paragraph (j) introductory text to read as 
follows:

Sec.  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 passenger-carrying rail 
(Column 9A) or by cargo aircraft only (Column 9B), subject to the 
following:
* * * * *
0
19. In Sec.  172.102, revise paragraph (c)(1), special provision 13 and 
paragraph (c)(3), special provision B45 to read as follows:


Sec.  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 Sec.  172.302(b) of this subchapter. In addition, 
security plan requirements in part 172, subpart I, apply. The 
requirements of Sec. Sec.  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.
* * * * *
0
20. In Sec.  172.303, add paragraph (b)(4) to read as follows:


Sec.  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 Sec. Sec.  172.323(c), 
172.325(c), or 172.327(a), of this part, respectively.
0
21. In Sec.  172.328, revise paragraph (d) to read as follows:


Sec.  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 manually-activated remote shutoff 
device for closure of the internal or external self-closing stop valve 
must be identified by marking ``Emergency Shutoff'' in letters

[[Page 85659]]

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.
* * * * *
0
22. In Sec.  172.336, revise the table in paragraph (c) to read as 
follows:


Sec.  172.336  Identification numbers; special provisions.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                                                    Then the alternative
          Packaging:                  When:         marking requirement
                                                            is:
------------------------------------------------------------------------
On the ends of portable tanks,  They have more     The identification
 cargo tanks, or tank cars.      than one           numbers on the sides
                                 compartment and    of the tank are
                                 hazardous          displayed in the
                                 materials with     same sequence as the
                                 different          compartments
                                 identification     containing the
                                 numbers are        materials they
                                 being              identify.
                                 transported
                                 therein.
On cargo tanks................  They contain only  The tank is marked
                                 gasoline.          ``Gasoline'' on each
                                                    side and rear in
                                                    letters no less than
                                                    50 mm (2 inches)
                                                    high or is placarded
                                                    in accordance with
                                                    Sec.   172.542(c).
On cargo tanks................  They contain only  The cargo tank is
                                 fuel oil.          marked ``Fuel Oil''
                                                    on each side and
                                                    rear in letters no
                                                    less than 50 mm (2
                                                    inches) high, or is
                                                    placarded in
                                                    accordance with Sec.
                                                      172.544(c).
On one end of nurse tanks if    They meet the      N/A.
 that end contains valves,       provisions of
 fittings, regulators or         Sec.
 gauges when those               173.315(m) of
 appurtenances prevent the       this subchapter.
 markings and placard from
 being properly placed and
 visible.
On each compartment of          The cargo tank or  The identification
 compartmented cargo tanks or    tank car           number for the
 compartmented tank cars.        contains more      liquid petroleum
                                 than one           distillate fuel
                                 petroleum          having the lowest
                                 distillate fuel.   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       They transport     The identification
 compartmented cargo tanks).     more than one      number for the
                                 petroleum          liquid petroleum
                                 distillate fuel    distillate fuel
                                 in different       having the lowest
                                 trips on the       flash point
                                 previous or        transported in that
                                 current business   previous or current
                                 day.               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.
------------------------------------------------------------------------

* * * * *
0
23. In Sec.  172.504, revise paragraph (b) to read as follows:


Sec.  172.504  General placarding requirements.

* * * * *
    (b) DANGEROUS placard. A freight container, unit load device, 
transport vehicle, or rail car that contains non-bulk 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.
* * * * *
0
24. In Sec.  172.516, revise paragraph (d) to read as follows:


Sec.  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.
* * * * *
0
25. In Sec.  172.704:
0
a. Add paragraph (a)(2)(iii); and
0
b. Revise paragraph (e)(1). The revision and addition read as follows:


Sec.  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 Sec.  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.
* * * * *
0
26. In Sec.  172.820, add paragraph (d)(3) to read as follows:


Sec.  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

[[Page 85660]]

writing, the remediation or mitigation measures to be implemented, if 
any, on the primary route in conformance with Sec.  172.820(d)(1)(iii) 
and certify that an alternative route does not exist for a given 
primary route.
* * * * *
0
27. Revise appendix C to part 172 to read as follows:

Appendix C to Part 172--Dimensional Specifications for Recommended 
Placard Holder
[GRAPHIC] [TIFF OMITTED] TP28OC24.001

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

0
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.

0
29. In Sec.  173.31, revise paragraphs (a)(2), (d) and (g)(1) to read 
as follows:


Sec.  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 Sec.  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

[[Page 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 Sec.  
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]
* * * * *
0
30. In Sec.  173.150, revise paragraph (f)(3)(viii) to read as follows:


Sec.  173.150  Exceptions for Class 3 (flammable and combustible 
liquids).

* * * * *
    (f) * * *
    (3) * * *
    (viii) The requirements of Sec. Sec.  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;
* * * * *
0
31. In Sec.  173.159, revise paragraphs (e)(2), (e)(4), and (e)(5), and 
add paragraph (e)(6) to read as follows:


Sec.  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 Sec.  171.15.
* * * * *
0
32. In Sec.  173.241, revise paragraph (a) introductory text to read as 
follows:


Sec.  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 multi-unit 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

[[Page 85662]]

[DATE ONE YEAR FROM EFFECTIVE DATE] must be as prescribed in AAR 
Specifications for Tank Cars Chapter 3 (IBR, see Sec.  171.7 of this 
subchapter). Additional operational requirements apply to high-hazard 
flammable trains (see Sec.  171.8 of this subchapter) as prescribed in 
Sec.  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.
* * * * *
0
33. In Sec.  173.242, revise paragraph (a) introductory text to read as 
follows:


Sec.  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 multi-unit 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 Sec.  171.7 of this subchapter). Additional operational 
requirements apply to high-hazard flammable trains (see Sec.  171.8 of 
this subchapter) as prescribed in Sec.  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.
* * * * *
0
34. In Sec.  173.247, revise paragraph (a) introductory text to read as 
follows:


Sec.  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 Sec.  171.7 of this subchapter).
* * * * *


Sec.  173.314  [Amended]

0
35. In Sec.  173.314, remove and reserve paragraph (b)(4).
0
36. In Sec.  173.315:
0
a. Revise the first sentence of paragraph (h) introductory text, 
paragraphs (i)(13), (j)(1) introductory text, (m)(1)(vi), (m)(1)(vii);
0
b. Add paragraph (m)(1)(viii); and
0
c. Revise the table in paragraph (n)(1).
    The revisions and addition read as follows:


Sec.  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 Sec.  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) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                               Obstructed view
                                                                       Required emergency     deliveries under
         Sec.             Hazardous material      Delivery service      discharge control   Sec.   177.840(p) of
   173.315(n)(1)(*)                                                        capability          this subchapter
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(iii).................  Anhydrous ammonia      Other than metered     Paragraph (n)(2) of   ....................
                         either Division 2.2    delivery service.      this section.
                         or 2.3.
                        Anhydrous Ammonia,     Metered delivery       Paragraph (n)(3) of   ....................
                         either Division 2.2    service, 13,247 L      this section.
                         or 2.3.                (3,500 water
                                                gallons) or less.
                        Anhydrous Ammonia,     Metered delivery       Paragraph (n)(3) of   Paragraph (n)(2) or
                         either Division 2.2    service, over 13,247   this section; and     (n)(4) of this
                         or 2.3.                L (3,500 water                               section.
                                                gallons).
                        Anhydrous Ammonia,     Both metered delivery  Paragraph (n)(2) of   ....................
                         either Division 2.2    service and other      this section,
                         or 2.3.                than metered           provided the system
                                                delivery service,      operates for both
                                                over 13,247 L (3,500   metered and other
                                                water gallons).        than metered
                                                                       delivery service;
                                                                       or (n)(2) and
                                                                       (n)(3).

[[Page 85663]]

 
(iv)..................  Division 2.2 with a    Other than metered     Paragraph (n)(2) of   ....................
                         subsidiary hazard.     delivery service.      this section.
                        Division 2.2 with a    Metered delivery       Paragraph (n)(3) of   ....................
                         subsidiary hazard.     service, 13,247 L      this section.
                                                (3,500 water
                                                gallons) or less.
                        Division 2.2 with a    Metered delivery       Paragraph (n)(3) of   Paragraph (n)(2) or
                         subsidiary hazard.     service, over 13,247   this section; and     (n)(4) of this
                                                L (3,500 water                               section.
                                                gallons).
(v)...................  Division 2.1.........  Other than metered     Paragraph (n)(2) of   ....................
                                                delivery service.      this section.
                        Division 2.1.........  Metered delivery       Paragraph (n)(3) of   ....................
                                                service, 13,247 L      this section.
                                                (3,500 water
                                                gallons) or less.
                        Division 2.1.........  Metered delivery       Paragraph (n)(3) of   Paragraph (n)(2) or
                                                service, over 13,247   this section;         (n)(4) of this
                                                L (3,500 water                               section.
                                                gallons).
----------------------------------------------------------------------------------------------------------------

* * * * *
0
37. In Sec.  173.320, revise paragraphs (a) introductory text and (b) 
introductory text to read as follows:


Sec.  173.320  Cryogenic liquids; exceptions.

    (a) Cryogenic liquids authorized to use this section by Column 8(A) 
of the Sec.  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 Sec.  
172.101 Hazardous Materials Table of this subchapter:
* * * * *

PART 174--CARRIAGE BY RAIL

0
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.

0
39. In Sec.  174.9, revise paragraph (a) and add paragraph (e) to read 
as follows:


Sec.  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.
0
40. In Sec.  174.14, revise paragraph (a) to read as follows:


Sec.  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.
* * * * *


Sec.  Sec.  174.16 and 174.20  [Remove and Reserve]

0
41. Remove and reserve Sec. Sec.  174.16 and 174.20.
0
42. In Sec.  174.24, revise paragraph (b) to read as follows:


Sec.  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.
0
43. Revise Sec.  174.50 to read as follows:

[[Page 85664]]

Sec.  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 Sec.  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 Sec.  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 pre-transportation 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 Sec.  173.24 of this subchapter or a DOT specification 
tank car moved in accordance with the TDG Regulations (see Sec.  
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 non-conforming 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 One-Time 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 non-conformance 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 One-Time 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 One-Time 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.
0
44. Add Sec.  174.58 to read as follows:


Sec.  174.58  Residue shipment.

    As referenced in the Sec.  171.8 definition of residue, the phrase 
``extent practicable'' means an unloading facility has unloaded a bulk 
package using

[[Page 85665]]

properly functioning service equipment and plant process equipment.
0
45. Revise Sec.  174.59 to read as follows:


Sec.  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 Sec.  171.12.
0
46. In Sec.  174.63, revise the section heading, and paragraphs (b), 
(c)(1), and (c)(2) to read as follows:


Sec.  174.63  Requirements for rail transport of Portable tanks, IM 
portable tanks, IBCs, Large Packagings, cargo tanks, and multi-unit 
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 Sec. Sec.  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 Sec.  173.315(a)(2) table and packaged 
in accordance with Sec.  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.
* * * * *
0
47. Revise Sec.  174.67 to read as follows:


Sec.  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 Sec. Sec.  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 Sec.  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 
Sec.  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 Sec.  
173.31(g) of this subchapter.
    (5) Access to the track must be secured in accordance with Sec.  
173.31(g) of this subchapter.
    (l) Once the transloading operation is complete, all tank car 
valves and

[[Page 85666]]

closures must be secured in accordance with Sec.  173.31(d) of this 
subchapter. The tank car then must be inspected by a designated hazmat 
employee in accordance with Sec.  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]
0
48. In Sec.  174.81, revise paragraph (g)(3)(iv) to read as follows:


Sec.  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

0
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.

0
50. In Sec.  176.2, revise the definition for ``Commandant'' to read as 
follows:


Sec.  176.2  Definitions.

* * * * *
    Commandant (CG-ENG), USCG means the Chief, Office of Design and 
Engineering Standards, United States Coast Guard, Washington, DC 20593-
7509.
* * * * *
0
51. In Sec.  176.84, revise paragraph (a) to read as follows:


Sec.  176.84  Other requirements for stowage, cargo handling, and 
segregation for cargo vessels and passenger vessels.

    (a) General. When Column 10B of the Sec.  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 Sec.  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 Sec.  171.7 of this subchapter), as 
set forth in Sec.  176.83(m). Hazardous materials offered for 
transportation as limited quantities are not subject to the stowage 
codes assigned by Column 10B of the Sec.  172.101 Table (see Sec.  
172.101(k)).
* * * * *
0
52. In Sec.  176.340, revise paragraph (c) to read as follows:


Sec.  176.340  Combustible liquids in portable tanks.

* * * * *
    (c) Portable tanks approved by the Commandant (CG-ENG), USCG.
0
53. In Sec.  176.905, add paragraph (i)(7) to read as follows:


Sec.  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

0
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.

0
55. Revise Sec.  177.801 to read as follows:


Sec.  177.801  Unacceptable hazardous materials shipments.

    (a) No person may accept for transportation or transport by motor 
vehicle a forbidden material (see Sec.  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.
0
56. In Sec.  177.804, revise paragraph (a) to read as follows:


Sec.  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 Sec. Sec.  397.3 and 397.9) when operating vehicles subject 
to those regulations.
* * * * *
0
57. In Sec.  177.816, revise paragraphs (c) and (d) to read as follows:


Sec.  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 Sec.  172.704(c) and (d) of this 
subchapter with respect to frequency and recordkeeping.
0
58. In Sec.  177.835, revise paragraph (d) to read as follows:


Sec.  177.835  Class 1 (explosive) materials.

* * * * *
    (d) Multipurpose bulk trucks. When Sec.  172.101 of this subchapter 
specifies that Class 1 (explosive) materials may be transported in 
accordance with Sec.  173.66 of this subchapter (per special provision 
148 in Sec.  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 Sec.  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 Sec.  
177.823. In addition, the segregation requirements in Sec.  177.848 do 
not apply.
* * * * *
0
59. In Sec.  177.837, revise paragraph (c) introductory text to read as 
follows:


Sec.  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:
* * * * *
0
60. In Sec.  177.840, revise paragraphs (n), (r)(2), and (t) to read as 
follows:


Sec.  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

[[Page 85667]]

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 self-closing 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 Sec. Sec.  
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.
* * * * *
0
61. In Sec.  177.841, revise paragraphs (e)(1) introductory text and 
(e)(2) to read as follows:


Sec.  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

0
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.

0
63. In Sec.  178.320, paragraph (a);
0
a. Revise definitions of ``cargo tank'', ``cargo tank motor vehicle'', 
and ``minimum thickness''; and
0
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:


Sec.  178.320  General requirements applicable to all DOT Specification 
cargo tank motor vehicles.

    (a) * * *
* * * * *
    Cargo tank: See Sec.  171.8 of this subchapter for the definition.
    Cargo tank motor vehicle: See Sec.  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 Sec.  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 Sec. Sec.  
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

[[Page 85668]]

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 Sec. Sec.  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.
* * * * *
0
64. In Sec.  178.337-1:
0
a. Revise paragraph (d); and
0
b. Remove the definition of ``internal self-closing stop valve'' in 
paragraph (g).
    The revision reads as follows:


Sec.  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.
* * * * *
0
65. In Sec.  178.337-2, revise paragraph (b)(2)(i) to read as follows:


Sec.  178.337-2  Material.

* * * * *
    (b) * * *
    (2) * * *
    (i) Material shall conform to ASTM A 612 or ASTM A 516/A 516M (IBR, 
see Sec.  171.7 of this subchapter), Grade 65 or 70;
* * * * *
0
66. In Sec.  178.337-3, revise paragraphs (g)(3) introductory text and 
(g)(3)(iii) to read as follows:


Sec.  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.
* * * * *
0
67. In Sec.  178.337-8, add paragraph (a)(4)(vii) to read as follows:


Sec.  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.
* * * * *
0
68. In Sec.  178.337-9:
0
a. Revise paragraphs (a)(3), (b) introductory text, (b)(1), and (b)(6);
0
b. Remove and reserve paragraph (b)(7); and
0
c. Add paragraph (e).
    The revisions and addition read as follows:


Sec.  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 Sec.  180.416(f) of this subchapter.
    (3) Mark each hose assembly with the month and year of its original 
pressure test.
0
69. In Sec.  178.337-10, revise paragraph (c)(1) to read as follows:


Sec.  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 Sec.  393.86 of 
this title. The exception in Sec.  393.86 for wheels back vehicles does 
not apply; or
* * * * *
0
70. In Sec.  178.337-17, revise paragraphs (a) introductory text and 
(a)(4) to read as follows:


Sec.  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

[[Page 85669]]

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.
* * * * *
0
71. Revise Sec.  178.337-18, revise paragraphs (a) introductory text, 
(a)(1), (a)(3), and (a)(4) to read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  
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.
* * * * *
0
72. In Sec.  178.338-3, revise paragraphs (g)(3) introductory text and 
(g)(3)(iii) to read as follows:


Sec.  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.
* * * * *
0
73. In Sec.  178.338-10, revise paragraph (c)(1) to read as follows:


Sec.  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 Sec.  393.86 of 
this title. The exception in Sec.  393.86 for wheels back vehicles does 
not apply; or
* * * * *
0
74. In Sec.  178.338-11, add paragraph (c)(2)(iii) to read as follows:


Sec.  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.
0

    75. In Sec.  178.338-18, revise paragraphs (a) introductory text 
and (a)(4) to read as follows:


Sec.  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

[[Page 85670]]

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.
* * * * *
0
76. Revise Sec.  178.338-19 to read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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]
0
77. In Sec.  178.345-1, revise paragraph (c) to read as follows:


Sec.  178.345-1  General requirements.

* * * * *
    (c) Definitions. See Sec.  178.320(a) for the definition of certain 
terms used in Sec. Sec.  178.345, 178.346, 178.347, and 178.348.
* * * * *
0
78. In Sec.  178.345-3, revise paragraphs (f) introductory text, (f)(3) 
introductory text, and (f)(3)(iii) to read as follows:


Sec.  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.
* * * * *
0
79. In Sec.  178.345-8, revise paragraph (d) to read as follows:


Sec.  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 rear-end 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 Sec.  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

[[Page 85671]]

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.
* * * * *
0
80. In Sec.  178.345-11:
0
a. Revise paragraph (b)(1)(ii); and
0
b. Add paragraph (b)(1)(iv).
    The revision and addition read as follows:


Sec.  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.
* * * * *
0
81. In Sec.  178.345-13, revise paragraph (a) to read as follows:


Sec.  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 Sec. Sec.  
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.
* * * * *
0
82. In Sec.  178.345-14, revise paragraphs (a), (b)(3), (c)(6), (c)(7), 
and (d) to read as follows:


Sec.  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 
(Sec. Sec.  178.345, 178.346, 178.347, 178.348) cargo tank requirements 
and, when applicable, with Section VIII of the ASME Code (IBR, see 
Sec.  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 
Sec.  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 Sec.  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.
* * * * *
0
83. In Sec.  178.345-15, revise paragraphs (a), (b)(1), and (e) to read 
as follows:


Sec.  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 Sec.  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 
Sec. Sec.  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.
0
84. In Sec.  178.348-1, revise paragraphs (d) and (e) to read as 
follows:


Sec.  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 Sec.  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 Sec.  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

[[Page 85672]]

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 Sec. Sec.  178.345-14 and 178.345-15.
    (5) Manhole closure assemblies must conform to Sec.  178.345-5.
    (6) Pressure relief devices must be as prescribed in Sec.  178.348-
4.
    (7) The hydrostatic or pneumatic test must be as prescribed in 
Sec.  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

0
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.

0
86. In Sec.  179.2:
0
a. Revise paragraphs (a) introductory text, and (a)(2);
0
b. Add paragraphs (a)(4) and (a)(9); and
0
c. Revise paragraph (a)(10).
    The revisions and addition read as follows:


Sec.  179.2  Definitions and abbreviations.

    (a) In addition to the definitions in Sec. Sec.  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.
* * * * *
0
87. Revise Sec.  179.3 to read as follows:


Sec.  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 Sec.  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.
0
88. Revise Sec.  179.4 to read as follows:


Sec.  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.
0
89. Revise Sec.  179.5 to read as follows:


Sec.  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);

[[Page 85673]]

    (iii) Thermal protection material conductivity (BTU--in/hr.--ft 
sq.--degree F);
    (iv) Jacket thickness; and
    (v) Meets Sec.  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-to-discharge (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.
0
90. Revise Sec.  179.6 to read as follows:


Sec.  179.6  Repairs and alterations.

    For procedures to make repairs or alterations, see Appendix R of 
the AAR Specifications for Tank Cars (IBR, see Sec.  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.
0
91. In Sec.  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:


Sec.  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 Sec.  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.
0
92. In Sec.  179.10, add paragraph (b) to read as follows:


Sec.  179.10  Tank mounting.

* * * * *
    (b) Tank mounting arrangements must meet the requirements of AAR 
Specifications for Tank Cars Chapter 6 (IBR, see Sec.  171.7 of this 
subchapter).
0
93. In Sec.  179.11, revise paragraph (a) to read as follows:

[[Page 85674]]

Sec.  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 Sec.  171.7 of this 
subchapter).
* * * * *
0
94. In Sec.  179.24:
0
a. Revise paragraph (a)(2); and
0
b. Remove and reserve paragraph (a)(3)(i).
    The revision reads as follows:


Sec.  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.
* * * * *
0
95. In Sec.  179.100-9, revise paragraph (a) to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
* * * * *
0
96. In Sec.  179.100-10, revise paragraph (a) to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
* * * * *
0
97. In Sec.  179.100-12, revise paragraph (c) to read as follows:


Sec.  179.100-12  Manway nozzle, cover and protective housing.

* * * * *
    (c) Except as provided in Sec.  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.
0
98. In Sec.  179.100-18, revise paragraph (c) to read as follows:


Sec.  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 Sec.  171.7 of this 
subchapter).
* * * * *
0
99. In Sec.  179.102-3, add paragraph (c) to read as follows:


Sec.  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 
Sec.  171.7 of this subchapter) and meet the requirements of section 
2.2.1.2.
0
100. In Sec.  179.103-5, revise paragraph (b)(1) to read as follows:


Sec.  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 Sec.  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.
* * * * *
0
101. In Sec.  179.200-7, amend the table in paragraph (b) by adding an 
entry for ``ASTM A 537'' to read as follows:


Sec.  179.200-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                              Minimum
                                        Minimum  tensile   elongation in
                                            strength         2 inches
            Specifications              (p.s.i.)  welded  (percent) weld
                                         condition \1\         metal
                                                          (longitudinal)
------------------------------------------------------------------------
ASTM A 537, Class 1..................             70,000              23
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 85675]]

* * * * *
0
102. In Sec.  179.200-10, revise paragraph (a) to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
* * * * *
0
103. Revise Sec.  179.200-11 to read as follows:


Sec.  179.200-11  Postweld heat treatment.

    When specified in Sec.  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 Sec.  171.7 of this subchapter).
0
104. In Sec.  179.200-17, revise paragraph (a)(1) to read as follows:


Sec.  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 Sec.  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.
* * * * *
0
105. In Sec.  179.200-22, revise paragraph (d) to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
0
106. In Sec.  179.220-10, revise paragraph (a) to read as follows:


Sec.  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 Sec.  171.7 of this subchapter).
* * * * *
0
107. In Sec.  179.220-11, revise paragraph (b) to read as follows:


Sec.  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 Sec.  171.7 of this 
subchapter).
* * * * *
0
108. In Sec.  179.220-15, revise paragraph (b) to read as follows:


Sec.  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.
0
109. In Sec.  179.220-18, revise paragraph (a)(1) to read as follows:


Sec.  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 Sec.  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.
* * * * *
0
110. In Sec.  179.300-9, revise paragraph (a) to read as follows:


Sec.  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 
Sec.  171.7 of this subchapter).
* * * * *
0
111. Revise Sec.  179.300-10 to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
0
112. In Sec.  179.400-5, revise paragraph (d) to read as follows:


Sec.  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 Sec.  171.7 of this 
subchapter). The report of impact tests must include the test values 
and lateral expansion data.
0
113. In Sec.  179.400-6, revise paragraph (b) to read as follows:


Sec.  179.400-6  Bursting and buckling pressure.

* * * * *
    (b) The outer jacket of the required evacuated insulation system 
must be designed in accordance with Sec.  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 Sec.  171.7 of 
this subchapter). The designs and calculations must provide for the 
loadings transferred to the outer jacket through the support system.
0
114. In Sec.  179.400-11, revise paragraph (c) to read as follows:


Sec.  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 Sec.  171.7 of this 
subchapter).
* * * * *
0
115. In Sec.  179.400-12, revise paragraph (b) introductory text to 
read as follows:

[[Page 85676]]

Sec.  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 Sec.  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:
* * * * *
0
116. In Sec.  179.400-13, revise paragraph (b) to read as follows:


Sec.  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.
* * * * *
0
117. Revise Sec.  179.400-15 to read as follows:


Sec.  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 Sec.  171.7 
of this subchapter).
0
118. In Sec.  179.400-18, revise paragraph (b) to read as follows:


Sec.  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 Sec.  171.7 of this 
subchapter).
0
119. In Sec.  179.400-19, revise paragraph (a)(2) to read as follows:


Sec.  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.
* * * * *
0
120. In Sec.  179.500-17, revise paragraph (a)(4) to read as follows:


Sec.  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.
* * * * *
0
121. In Sec.  179.500-18:
0
a. Revise paragraphs (a) and (b)(6); and
0
b. In the form in paragraph (c), revise the sentence under the heading 
``Steel Tanks''.
    The revisions read as follows:


Sec.  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 ____. * * *
* * * * *
0
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 [deg]C plus or minus 55.6 
[deg]C (1600 [deg]F plus-or-minus 100 [deg]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 [deg]C plus-or-minus 55.6 [deg]C 
(2,200 [deg]F plus or minus 100 [deg]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

[[Page 85677]]

and conducted at different times, must be performed for each thermal 
protection system.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
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.

0
124. In Sec.  180.3:
0
a. Revise paragraph (b)(3); and
0
b. Add paragraphs (c) and (d).
    The revision and additions read as follows:


Sec.  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.
0
125. In Sec.  180.403:
0
a. Add definitions for ``certification plate'', ``maintenance'', 
``objectively reasonable and articulable belief'', and ``set pressure'' 
in alphabetical order; and
0
b. Revise the definition of ``repair''.
    The revision and additions read as follows:


Sec.  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 Sec.  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.
* * * * *
0
126. In Sec.  180.405:
0
a. Add paragraphs (b)(3);
0
b. Revise paragraphs (c)(2);
0
c. Add paragraphs (c)(3) and (4);
0
d. Revise paragraphs (h)(3), and (j); and
0
e. Add paragraph (p).
    The revisions and additions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  
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 Sec.  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 Sec. Sec.  180.407 and 180.413

[[Page 85678]]

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.
0
127. In Sec.  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:


Sec.  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 Sec.  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 Sec.  180.409.
    (4) Each cargo tank must be evaluated in accordance with the 
acceptable results of tests and inspections prescribed in Sec.  
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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec. Sec.  178.320 and 180.411 of this subchapter, 
respectively. Any signs of leakage must be repaired. All repairs must 
be performed in accordance with Sec.  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 Sec.  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 Sec.  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

[[Page 85679]]

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 Sec.  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 
Sec.  173.315(n), must be inspected for corrosion, distortion, erosion, 
and any external damage that will prevent safe operation. All emergency 
closure devices and self-closing 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 Sec.  
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 high-strength, 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 Sec.  180.413.
    (9) The inspector must record the results of the external visual 
examination as specified in Sec.  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

[[Page 85680]]

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 Sec.  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 [deg]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 Sec.  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 Sec.  171.7 of this 
subchapter). This paragraph does not apply to cargo tanks that do not 
have manholes. (See Sec.  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 
non-specification cargo tank motor vehicle authorized under Sec.  
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 Sec.  
173.315(k) of this subchapter, equipped with a meter may check leak 
tightness of the internal self-closing 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 Sec.  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 Pressure-Vacuum 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 Sec.  
173.315(k) of this subchapter, must visually inspect the delivery hose 
assembly and piping system, including any delivery hose assembly used 
to meet Sec.  173.315(n), while the assembly is under leakage test 
pressure utilizing the rejection criteria listed in Sec.  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 Sec.  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.

[[Page 85681]]

    (5) The inspector must record the results of the leakage test as 
specified in Sec.  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.
* * * * *
0
128. In Sec.  180.409:
0
a. Revise paragraph (a) introductory text; and
0
b. Add paragraph (a)(4).
    The revision and addition read as follows:


Sec.  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.
* * * * *
0
129. In Sec.  180.411:
0
a. Revise paragraphs (b) introductory text, (b)(1), and (g) 
introductory text; and
0
b. Add paragraph (h).
    The revisions and addition read as follows:


Sec.  180.411  Acceptable results of tests and inspections.

* * * * *
    (b) Dents, cuts, digs, bulges, and gouges. For evaluation 
procedures, see CGA C-6 (IBR, see Sec.  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 Sec.  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 Sec.  
180.407(c) of this subpart.
0
130. In Sec.  180.413, revise paragraph (b)(6) to read as follows:


Sec.  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 Sec.  171.7 of this subchapter) and the 
National Board Inspection Code (IBR, see Sec.  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 Sec.  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.
* * * * *
0
131. In Sec.  180.415, revise paragraph (b) introductory text to read 
as follows:


Sec.  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:
* * * * *
0
132. In Sec.  180.416, revise paragraphs (a), (b), (c), (f) 
introductory text, and (f)(3) to read as follows:


Sec.  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 non-specification cargo tank motor 
vehicles authorized under Sec.  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.
* * * * *
0
133. In Sec.  180.501, revise paragraph (b) to read as follows:


Sec.  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 Sec.  
179.7(d), for use by tank car facility employees. The owner's 
qualification

[[Page 85682]]

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 Sec.  180.509(l). Tank car facilities must incorporate 
the owner's qualification and maintenance program in their quality 
assurance program, as required under Sec.  179.7(a)(2), (b)(3), (b)(5), 
and (d).
* * * * *
0
134. In Sec.  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:


Sec.  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 in-operation tank car's 
specification until its next qualification.
    Modification means any change to a tank car that affects the Design 
Approval Certificate prescribed in Sec.  179.5 or the certificate of 
construction for tank cars manufactured prior to [DATE ONE YEAR FROM 
EFFECTIVE DATE], including an alteration prescribed in Sec.  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.
* * * * *
0
135. In Sec.  180.509, revise paragraphs (i)(1) and (k)(2) to read as 
follows:


Sec.  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 Sec. Sec.  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 Sec.  
171.7 of this subchapter).
* * * * *
0
136. In Sec.  180.513, revise paragraph (b) to read as follows:


Sec.  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.
* * * * *
0
137. In Sec.  180.517:
0
a. Revise paragraphs (a) and (b)(8); and
0
b. Add paragraph (b)(9).
    The revisions and addition read as follows:


Sec.  180.517   Reporting and record retention requirements.

    (a) Certification and representation. Each owner of a specification 
tank car must retain the 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 Sec.  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 Sec.  179.7(b)(12).
    (b) * * *
    (8) The unique code (station stencil) identifying the facility; and
    (9) Tank car facility registration number(s) (see Sec.  107.905 of 
this chapter).

[[Page 85683]]

0
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 Sec.  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`