[Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
[Proposed Rules]
[Pages 65492-65504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30408]




[[Page 65491]]

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Part VI





Department of Transportation





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Research and Special Programs Administration



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49 CFR Part 171, et al.



Transportation of Hazardous Materials By Rail; Miscellaneous 
Amendments; Proposed Rule

Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / 
Proposed Rules

[[Page 65492]]


DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

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

[Docket No. HM-216; Notice No. 95-16]
RIN 2137-AC66


Transportation of Hazardous Materials By Rail; Miscellaneous 
Amendments

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: RSPA is proposing to incorporate into the Department's 
Hazardous Materials Regulations (HMR) a number of changes to rail 
requirements based on rulemaking petitions from industry and RSPA 
initiatives. This action is necessary to update the regulations and to 
respond to petitions for rulemaking. The intended effect of these 
regulatory changes is to improve safety and reduce costs to offerors 
and transporters of hazardous materials.

DATES: Comments must be received on or before February 22, 1996.

ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous 
Materials Safety, RSPA, U.S. Department of Transportation, Washington, 
DC 20590-0001. Comments should identify the docket and notice number 
and be submitted, when possible, in five copies. Persons wishing to 
receive confirmation of receipt of their comments should include a 
self-addressed, stamped postcard. The Dockets Unit is located in Room 
8421 of the Nassif Building, 400 Seventh Street S.W., Washington, DC 
20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday, 
except on public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-4488, 
Office of Hazardous Materials Standards, Research and Special Programs 
Administration, Washington DC, 20590-0001, or James H. Rader, telephone 
(202) 366-0510, Office of Safety Assurance and Compliance, Federal 
Railroad Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION: This document proposes miscellaneous changes 
to rail requirements contained in the HMR. These proposed changes are 
based either on petitions for rulemaking submitted in accordance with 
49 CFR 106.31 or agency initiative and are intended to reduce 
regulatory burdens by simplifying or updating existing regulations.
    This rule, as proposed, is consistent with the goals of President 
Clinton's Regulatory Reinvention Initiative. The President directed 
Federal agencies to review all agency regulations and eliminate or 
revise those that are outdated or in need of reform. A notice issued 
April 4, 1995 by RSPA requested comments on regulatory reform (Docket 
HM-222; 60 FR 17049) and announced a comprehensive review of the HMR to 
identify provisions that are candidates for elimination, revision, 
clarification, or relaxation. Certain proposed changes in this document 
reflect the results of this review.

I. Summary of Proposed Regulatory Changes by Section

    Listed below is a section-by-section summary of the proposed 
changes and, where applicable, the assigned petition number.

Part 171

    Section 171.7. Various American Society for Testing and Materials 
(ASTM) standards would be updated to reflect the most current version. 
Other ASTM standards that no longer would be referenced in the proposed 
revision of Sec. 179.12 would be removed.

Part 172

    Section 172.101: The Hazardous Materials Table. In the Hazardous 
Materials Table, several entries would be revised based on petitions 
for rulemaking and agency initiative. Proposed revisions include:

--Twenty-nine entries would be revised by removing Special Provision 
B12 assigned to those entries in Column (7). This special provision 
requires the marking of tank cars with the proper shipping name or 
common name of the material. RSPA is proposing to limit the 
applicability of this marking requirement to certain materials that 
pose a higher risk in transportation.
--For the entry ``Dimethylhydrazine, unsymmetrical'', in Column (7) 
Special Provision B79 would be removed. ``Dimethylhydrazine, 
unsymmetrical'' currently is assigned Special Provisions B74 and B79. 
Special Provision B74 requires the use of a tank car conforming to a 
Class 105S, 106, 110, 112J, or 114J. Special Provision B79 requires 
each tank car to have a tank head puncture system if the tank was 
constructed prior to April 1, 1989. Because Special Provision B74 
requires all tank cars to meet the requirements of B79, referencing 
Special Provision B79 is unnecessary.
--For the entry for Calcium carbide, Special Provision B59 would be 
added for both Packing Group I and II entries. This special provision 
will authorize the continued use of Class AAR 207 tank cars for the 
transportation of calcium carbide after October 1, 1996.

    Section 172.102. Special Provisions B4 and B10 would be revised to 
remove a prohibition on the use of Association of American Railroads 
(AAR) 206 tank cars. In the Sec. 172.101 Hazardous Materials Table 
(HMT), each commodity assigned this special provision must be in a 
packaging authorized in Sec. 173.243, which does not allow an AAR 206 
tank car.
    Special Provision B5 would be revised to authorize use of tank 
cars, constructed from other than aluminum plate, for ammonium nitrate 
fertilizer.
    Consistent with proposed changes to tank car marking requirements 
discussed previously in conjunction with proposed changes to the 
Hazardous Materials Table, Special Provision B12 would be removed. The 
requirement to mark the proper shipping name or common name of a 
material on a tank car would be limited to certain materials that 
present a higher risk in transportation, as proposed in Sec. 172.330.
    Special Provisions B42, B65, B71, B72, B74, and B76 would be 
revised for clarity. RSPA and FRA have received numerous inquiries 
concerning the use of tank cars having higher test pressures than those 
authorized under these special provisions. RSPA is proposing to revise 
these provisions to clarify that any class tank car with a higher test 
pressure than authorized also may be used. Special Provisions B42, B65, 
and B76 also would be revised to authorize the optional marking of the 
tank to a lower pressure specification. The current regulations require 
the lower pressure specification marking for certain commodities. RSPA 
and FRA believe that tank cars qualified to meet a specific 
specification should be marked to indicate that specification. RSPA is 
proposing the optional marking requirement to authorize the remarking 
of qualified tank cars to the higher pressure specification. For 
example, currently tank cars transporting acetone cyanohydrin are 
required to conform to a DOT 105S, 112J, or 114J specification provided 
the tank test pressure is 300 psig or greater. In addition, the tank 
car specification must be remarked to indicate a tank test pressure of 
200 psig, and each tank car must be equipped with a safety relief 
device having a start-

[[Page 65493]]
to-discharge pressure setting of 150 psig. RSPA is proposing that these 
tank cars remain marked at the higher pressure specification while 
maintaining the currently applied safety relief device (e.g., DOT 
105S300W, Safety Valve 150 LB).
    RSPA is proposing to remove a requirement in Special Provision B57 
that the shipping name CHLOROPRENE must be marked on a tank car. This 
marking requirement is included in the proposed revision of 
Sec. 172.330(a)(1). RSPA also is revising the first sentence of Special 
Provision B78 to specify test pressure and clarify which rail cars are 
authorized.
    Section 172.203. Currently, rail carrier shipping paper 
requirements are contained in both Parts 172 and 174. In this notice, 
RSPA proposes to move the shipping paper requirements in Part 174 to 
Part 172. RSPA and FRA believe that by consolidating the shipping paper 
requirements, including additional shipping paper entries for tank cars 
containing the residue of a hazardous material, compliance will be 
improved. Paragraph (e)(2) currently references paragraph (e)(3) and 
Sec. 174.25 for shipping paper description requirements for residues of 
hazardous materials in tank cars. These references would be replaced 
with a specific requirement to precede the basic shipping description 
with the wording ``RESIDUE, LAST CONTAINED.'' Paragraph (g)(1) also 
would be revised to reflect the incorporation of shipping paper 
requirements currently contained in Part 174 by a requirement to 
identify a rail car, freight container, transport vehicle, or portable 
tank that contains a hazardous material by ``reporting mark and 
number.''
    Section 172.205. Based on a petition [P-1053] from AAR, RSPA would 
revise paragraph (f) for consistency with Environmental Protection 
Agency (EPA) hazardous waste manifest requirements for transportation 
by rail contained in 40 CFR 263.20(f).
    Section 172.330. Paragraph (a)(1) would be revised to clarify 
marking requirements for tank cars. Marking requirements currently 
contained in Sec. 172.102 special provisions and in Parts 173 and 179 
would be incorporated into Sec. 172.330 or removed as part of this 
revision. The requirement to mark the proper shipping name or common 
name of a hazardous material on a tank car would be limited to Division 
2.1 and 2.3 materials, Division 2.2 materials in a Class DOT 107 tank 
car, anhydrous ammonia, ammonia solutions with more than 50% ammonia, 
bromine and bromine solutions, hydrogen cyanide, chloroprene, and 
refrigerant or dispersant gases, as defined in Sec. 173.115.
    Section 172.510. Paragraph (a) would be revised to require the 
placement of each placard on a white square background for each class 
DOT 113 tank car used to transport a Division 2.1 (flammable gas) 
material. The white square background notifies railroad switching crews 
that the car may not be cut off while in motion. The current 
regulations only require rail cars containing Divisions 1.1 and 1.2 
explosives, Division 2.3 Hazard Zone A materials and Division 6.1 PG I 
Hazard Zone A materials to have the white square background, but not 
the class DOT 113 tank car. This change will simplify the switching 
requirements for rail cars by communicating, through a white square 
background, that a class DOT 113 tank car transporting a Division 2.1 
material may not be cut off while in motion. RSPA and FRA believe that 
this requirement will make it easier to train yard switching employees 
and reduce the potential for overspeed impacts. The inner support 
system for class 113 tank cars is designed to withstand loads producing 
accelerations of 7``g'' longitudinal, 3``g'' transverse, and 3``g'' 
vertical. Consequently, it is imperative that railroads shove this 
class of car to rest to prevent yielding of the support system.
    Sections 172.510 and 172.526. Provisions applying to the 
specifications and use of RESIDUE placards would be removed in these 
sections. The RESIDUE placard is not required by any other mode and, 
because the information provided through a RESIDUE placard can be 
adequately conveyed through primary and subsidiary placards and 
shipping paper information, RSPA and FRA believe that this placard is 
unnecessary. Further, FRA reports that during the last six years its 
inspectors cited missing, faded, or incorrect placards on nearly 22,000 
occasions. By removing the RESIDUE placard requirement, RSPA and FRA 
believe that offerors will use permanent adhesive placards, such as 
those used on highway vehicles, thereby increasing compliance with HMR 
placarding requirements. Also, RSPA and FRA understand that Transport 
Canada is considering removing the RESIDUE placard from its 
Transportation of Dangerous Goods Regulations to the extent that, in 
December 1993, it issued a newsletter asking for public comment. Such 
an action by Transport Canada would have a direct effect on transborder 
shipments; consequently, RSPA and FRA believe a proposal to remove this 
requirement from the HMR is appropriate.

Part 173

    Section 173.24b. RSPA is proposing to amend paragraph (a) to 
recognize the insulation properties of thermal protection applied to 
tank cars. The proposed rule would allow for a ``mid-range'' 
temperature for the calculation of outage and filling limits, provided 
the insulation qualities provide an overall thermal conductance at 
15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules per hour per 
square meter per degrees Celsius (0.5 Btu per hour per square foot per 
degree F) temperature differential. This proposal is based on a 
petition for rulemaking submitted by the Propane Gas Association of 
Canada [P-1251], developed in cooperation with Transport Canada.
    Section 173.29. Paragraph (f) would be removed, consistent with the 
proposed removal of Sec. 172.510(c).
    Section 173.314. Paragraph (b)(5), which contains provisions for 
marking the proper shipping name of certain Class 2 materials on tank 
cars, would be removed because these provisions also appear in 
Sec. 172.330. Paragraph (b)(6) would be redesignated (b)(5) and amended 
to revise requirements for heat-resistant gaskets. In 1988, the 
National Transportation Safety Board (NTSB) recommended that FRA: (1) 
establish performance standards for determining the acceptability of 
heat-resistant gaskets on tank cars; and (2) evaluate the effect on 
gasket compatibility and heat-resistant performance of sealants used 
for installing gaskets on tank cars. NTSB recommended that FRA 
establish performance criteria to decide what sealant is acceptable and 
conditions for its use. (Butadiene Release and Fire from GATX 55996 at 
the CSX Terminal Junction Interchange, New Orleans, Louisiana, 
September 8, 1987 (NTSB/HZM-88/01)). As a result of the NTSB 
recommendation, RSPA published an Advanced Notice of Proposed 
Rulemaking (ANPRM) on May 18, 1990, under Docket HM-175A [Notice 90-8; 
55 FR 20242] requesting comments on gasket specifications and the use 
of sealant materials. Commenters to the ANPRM expressed concerns 
regarding the technical complications for defining gasket 
specifications in the regulations, since there are many variables in 
torquing values for the fitting closure/gasket combination and the 
chemical compatibility of the gasket material. In a Notice of Proposed 
Rulemaking (NPRM) published October 8, 1993 [58 FR 52574] under Docket 
HM-175A, RSPA and FRA announced that several 

[[Page 65494]]
topics, including gasket specifications, raised in earlier notices 
either were too technically complex or insufficiently developed to 
address in that NPRM and would be handled in a separate rulemaking 
action.
    Although the commenters to the ANPRM pointed out many technical 
complications associated with defining gasket specifications for all 
products authorized in tank cars, RSPA and FRA believe that a 
performance standard for heat-resistant gaskets is necessary for 
Division 2.1 materials and anhydrous ammonia to ensure that installed 
gaskets will not degrade at elevated temperatures (see 
Sec. 173.314(b)(6) for current requirements). In this NPRM, RSPA is 
proposing a performance standard for heat-resistant gaskets based on 
information obtained from the Fluid Sealing Association's Non Metallic 
Gasket Handbook. The handbook shows that asbestos, a common heat-
resistant gasket material, has a maximum temperature range of 230-
340 deg.C (450-650 deg.F). Consequently, RSPA is proposing to specify 
that a heat-resistant gasket can survive temperatures at or above 
230 deg.C. This is comparable to the temperature indicated in the Fluid 
Sealing Association's handbook. This proposal also would expand the use 
of heat-resistant gaskets to all Division 2.3 materials.
    Commenters stated that to seal a joint, the installed gasket is 
compressed (by applying a bolt load to the flange body surfaces) into 
the imperfection of the joint and a tight, leakproof barrier occurs. 
The use of sealants for installing gaskets is therefore unnecessary and 
may lead to gasket displacement. Based on these comments, RSPA is 
proposing to prohibit the use of sealants for installing gaskets on 
tank cars used to transport Division 2.1 and 2.3 materials and 
anhydrous ammonia.
    RSPA also is proposing to authorize Class DOT 112J and 112T 
specification tank cars for the transportation of dimethyl ether. 
Currently, RSPA only authorizes the use of a DOT 105A300W tank car. 
This proposal is based on an exemption issued to Aeropres Corporation 
(DOT-E 11000) and a petition for rulemaking [P-1253]. RSPA also is 
proposing to remove Note 2 in paragraph (c) of the table. For the entry 
``Ammonia, anhydrous or ammonia solutions >50 percent ammonia'' in the 
second column ``Note 2'' would be revised to read ``Note 3''. This 
would allow shippers to calculate the outage and filling limits for 
tank cars based on changes proposed in Sec. 173.24b.
    In addition, paragraph (i), which provides alternate settings for 
safety relief valves on tank car tanks used for certain commodities, 
would be removed. Removal of this paragraph is consistent with the 
proposed consolidation of pressure relief device requirements in 
Sec. 179.15.

Part 174

    In 1985, AAR petitioned RSPA (P-983) to rewrite Part 174, stating 
that the regulations in this part are ``awkwardly arranged, often 
redundant, and in many places obsolete.'' AAR supplied a complete 
rewrite of Part 174 as part of its petition. Subsequently, various 
rulemaking actions such as HM-175A (final rule adopted improved 
crashworthiness for tank cars), HM-201 (final rule adopted new methods 
of tank car testing), HM-181 (mandated performance packaging 
standards), HM-166 (implemented many detailed changes to the HMR), HM-
197 (adopted new requirements for TOFC/COFC shipments), and HM-212 
(considering new standards for tank car unloading and attendance) have 
addressed numerous suggestions contained in petition P-983. This notice 
proposes additional changes based on P-983, including simplification of 
standards for inspection of tank cars by railroads and revisions in 
documentation requirements of Part 174.
    Section 174.3. This section prohibits a shipment of a hazardous 
material not prepared in accordance with Parts 171, 172, and 173 from 
being offered for transportation or transported by rail. The section 
would be revised to reflect language contained in Parts 175 and 177 for 
unacceptable hazardous materials shipments.
    Section 174.8 through 174.10. Inspection requirements currently 
contained in Secs. 174.8, 174.9 and 174.10 would be consolidated into 
Sec. 174.9 to clarify a railroad's inspection duties at points of 
origination, interchange points and other locations where rail cars 
must be inspected. Sections 174.8 and 174.10 would be removed. Section 
174.9 would require a railroad to inspect each rail car for compliance 
with the HMR and other conditions that may make the car unsafe for 
transportation.
    Under FRA's Railroad Freight Car Safety Standards (FCSS [49 CFR 
Part 215]), each railroad must inspect a freight car at each location 
where it is placed in a train. The inspection must be made by: (1) a 
``designated inspector'' under Sec. 215.11; or (2) a train crew member 
where a designated employee is not on duty (see Appendix D to Part 
215). As a rule, train crew members inspect for ``imminent hazardous 
conditions'' that are likely to cause an accident or casualty before 
the train arrives at its destination. Examples provided in Appendix D 
include: car body leaning or listing to one side, objects dragging 
below, broken or missing safety appliance, lading leaking from a 
placarded hazardous materials car, and broken or extensively cracked 
wheel.
    In addition to the requirements above, the HMR require an 
inspection of each placarded railcar when received in ``interchange.'' 
This notice proposes to remove the requirement to inspect placarded 
railcars at interchange, simply because railroad operations now permit 
the interchange of railroad equipment in outlying locations, usually on 
mainline track, that may not be acceptable for the performance of a 
proper inspection. For example, in ``run-through'' train operations, 
the train crew of the receiving railroad simply assumes responsibility 
of the train from the delivering train crew. No locomotives or railcars 
are added or removed. Since the train may exceed one mile in length, 
portions of the train, including portions that may have a placarded 
railcar containing a hazardous material, may not be accessible to the 
receiving train crew because of bridges, tunnels, or terrain.
    As proposed, RSPA would make the locations of inspection consistent 
with those in the FCSS, issued by the FRA. RSPA does not intend to 
change the railroad's current inspection practices nor require the 
railroad to inspect railcars containing a hazardous material on a more 
frequent basis than the required presently in the HMR and FCSS. The 
proposed rule simply makes clear that a railroad must inspect a 
hazardous material laden car at locations that now require an 
inspection under the FCSS (by the train crew or a designated employee, 
where such employees are on duty).
    The proposed rule further clarifies that a railroad employee need 
not climb each railcar to determine if, in fact, the railcar conforms 
to the HMR. These inspections may be performed at ``ground level.'' 
Where the rule proposes to require a ground level inspection for 
``securement of closures,'' RSPA and FRA believe railroad employees can 
determine, from the ground, whether or not protective housings are 
open, whether or not manway openings (on non- or low-pressure tank 
cars) are in the ``up'' position, and whether or not the manway bonnet 
cover (on pressure tank cars) is open. At the bottom of the car, FRA 
and RSPA believe that railroad employees can determine whether or not 
the bottom outlet cap is in the proper, applied position.
    Section 174.11. Section 174.11 would be removed because it merely 
references 

[[Page 65495]]
Sec. 171.12a for transportation of Canadian shipments or packagings by 
rail car within the U.S.
    Section 174.18. Section 174.18 concerning the handling of astray 
packages of hazardous materials is obsolete; therefore this section 
would be removed.
    Section 174.24. Shipping paper requirements for rail carriers in 
Part 174 would be moved to Part 172. Revised Sec. 174.24 would cross-
reference shipping paper requirements in Part 172.
    Section 174.25. When an accident occurs on the railroad, it is 
customary to identify the transport vehicle or freight container 
involved by the use of reporting marks. These marks are used for 
routing, cost accounting, and for tracing (or locating) individual 
shipments in the transportation system. If an emergency responder were 
to ask about the contents of an individual shipment by reporting mark, 
a rail carrier could provide immediate emergency response information, 
a copy of the shipping paper, routing information, and the name, 
telephone number, and location of the shipper. This information is much 
more detailed than simply conveying to the emergency responder the type 
of placard applied to the packaging. Consequently, RSPA proposes to 
remove the ``placard notation'' requirement since it is outdated for 
emergency response communication. Removing the placard notation 
requirement would not, however, prohibit individual rail carriers from 
adopting comparable requirements, if they so choose.
    RSPA also is proposing to remove the requirement for a ``placard 
endorsement'' placed on a waybill near the reporting mark of each rail 
car, freight container, transport vehicle, or portable tank that 
contains a hazardous material when transported by rail. The current 
rule requires a unique endorsement based on the hazard class of the 
material shipped. Exceptions to the placard endorsement are provided 
for materials that do not require placarding (e.g., less than 1,001 
pounds of a material listed in Sec. 172.504 Table 2, in most types of 
transport vehicles or freight containers), Class 9 materials, and 
combustible liquids). RSPA is proposing to remove this requirement 
because technological advances in the railroad industry have made the 
use of the placard endorsement no longer necessary to communicate the 
presence of hazardous materials to railroad workers. As a general rule, 
railroads now use electronic data interchange and computer generated 
train consists (or manifests) to communicate the presence of these 
materials. Responders and railroad workers rely on the hazardous 
materials description and emergency response information on train 
consists and printed waybills rather than the placard endorsement. As 
stated earlier, removing the endorsement would not prohibit individual 
rail carriers from adopting comparable requirements at their 
discretion.
    Other shipping paper requirements in this section, including those 
for tank cars containing the residue of a hazardous material, would 
either be removed or moved to Part 172.
    Section 174.26. Paragraph (a) would be removed because if a carrier 
complies with paragraph (b), the carrier also is complying with 
paragraph (a), except for the ``consecutively numbered notice.'' Based 
on current railroad technology and computer-based information systems, 
this notice is obsolete. Paragraphs (b) and (c) would be renumbered 
paragraphs (a) and (b), respectively. Newly designated paragraph (b) 
would be revised to reference shipping paper requirements of Part 172 
and specify use of other forms of car movement documents.
    Section 174.45. This section would be removed because it merely 
references Secs. 171.15 and 171.16 and is redundant.
    Sections 174.47 and 174.48. These sections contain requirements for 
forwarding shipments in violation of the HMR and damaged or leaking 
packages. The provisions in these sections would be consolidated into 
revised Sec. 174.50.
    Section 174.49. This section concerns the use of open-flame 
lanterns for the inspection of transport vehicles known to contain 
flammable liquids and gases. The use of open-flame lanterns is 
obsolete; therefore, this section would be removed.
    Section 174.50. This section would be revised by consolidating 
requirements of Secs. 174.47, 174.48, and 174.50 and by removing all 
obsolete provisions. These sections stipulate that railroads may not 
forward damaged packages, leaking tank cars (except for necessary short 
moves), or any tank car found in non-compliance with the HMR, except 
under the terms of a DOT exemption. RSPA is proposing to simplify the 
overall principle in these sections by prohibiting the movement of 
packages that do not conform to the HMR. Packages other than tank cars 
would have to be repaired, reconditioned, or overpacked prior to 
subsequent movement. Tank cars would have to be repaired or be moved 
under conditions approved by FRA's Associate Administrator for Safety. 
This proposed regulation would allow, for example, the movement of a 
tank car with an emergency valve repair or capping kit under approved 
conditions.
    Section 174.55. This section would be revised for clarity. Based on 
a petition [P-1042] submitted by AAR, suggesting that certain 
provisions of the existing section are meaningless or confusing, RSPA 
is proposing to streamline this section.
    Section 174.67. The first sentence in paragraph (k) would be 
revised to remove the requirement for heater coil inlet and outlet 
pipes to be left open. This proposed revision is based on a petition 
[P-942] indicating that these pipes need to be left open only 5% of the 
time, when steam is applied.
    Section 174.69. This section would be removed, based on a petition 
from AAR [P-1139], because it conflicts with applicable requirements in 
Sec. 172.514.
    Section 174.85. Based on corresponding changes in Secs. 172.510 and 
172.526 to remove provisions for a RESIDUE placard, paragraph (c) would 
be revised to reference a rail car containing a residue of a hazardous 
material rather than a rail car placarded ``RESIDUE''.

Part 179

    The following sections would be revised by updating certain ASTM 
specifications and deleting others that are no longer used, based on a 
petition [P-1023] from AAR: Secs. 179.100-7, 179.100-10, 179.100-20, 
179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.
    Sections 179.12 through 179.12-7. Sections 179.12-1 through 179.12-
7 would be removed and Sec. 179.12 would be revised by incorporating 
provisions from Secs. 179.12-1 and 179.12-5. The design and materials 
of construction for interior heater coils require AAR approval. This 
NPRM proposes to remove the DOT specification requirements and allow 
AAR greater flexibility in approving heater system designs.
    Section 179.15. This section would be added to consolidate pressure 
relief device requirements and adopt provisions to: (1) increase the 
start-to-discharge pressure of safety relief devices for tanks that 
have a burst pressure of 240 psig, while allowing the continued use of 
existing cars; (2) allow for a reduced orifice in the upstream nozzle 
of a pressure relief device to accommodate pressure surges; (3) 
increase the rupture disc burst pressure for cars so equipped; (4) 
standardize the start-to-discharge pressure setting for all commodities 
and tank car specifications; and (5) align the start-to-discharge 
pressure setting for tank cars with that prescribed by the ASME code.

[[Page 65496]]

    In this notice, a pressure relief valve means a pressure relief 
device that is designed to open rapidly, or by opening in proportion to 
the increase in pressure over the opening pressure, and designed to 
reclose and prevent further flow of vapor after normal conditions have 
been restored. A nonreclosing pressure relief device is a pressure 
relief device actuated by inlet static pressure and designed to 
function by rupturing (bursting) a pressure containing disc (rupture 
disc) and remains open after operation.
    Two ANPRMs published under Docket HM-175A (May 15, 1990; 55 FR 
20242, and August 29, 1990; 55 FR 35327) solicited comments on 
potential costs and safety benefits derived from improvements to the 
crashworthiness of tank cars and restrictions on continued use of tank 
cars in hazardous materials service that no longer meet current safety 
requirements. RSPA issued the ANPRM, in part, to address an AAR 
petition requesting an increase in the start-to-discharge pressure of a 
nonreclosing pressure relief device and a reduction in the size of the 
upstream nozzle (P-1083). Commenters responding to the ANPRM suggested 
that tanks with a 60 psig test pressure and built with 7/16 inch wall 
thicknesses could be converted to a 100 psig tank test pressure 
(subject to an inspection and AAR approval), but opposed any conversion 
of DOT 115A or AAR 206W tank cars because of wall thickness. Most 
commenters supported increasing the start-to-discharge pressure of a 
nonreclosing pressure relief device to prevent rupture of the disc from 
in-transit pressure surges.
    The Railway Progress Institute (RPI) suggested in its comment that 
the optimum flow capacity for a pressure relief device is the minimum 
required to prevent tank car rupture in fire conditions. The RPI and 
other commenters opposed increasing the flow capacity of certain 
pressure relief valves and stated that both large and small capacity 
pressure relief valves discharge the same amount of product. Large 
capacity pressure relief valves, as opposed to small capacity valves, 
release large amounts of product for brief durations.
    A petition for rulemaking submitted by the Chemical Manufacturers 
Association (CMA) supported the ANPRM and AAR's petition (P-1270). CMA 
suggested that reclosing pressure relief valves should have a start-to-
discharge pressure setting consistent with several DOT exemptions for 
nonreclosing pressure relief devices (i.e., 165 percent of the tank 
test pressure or 33 percent of the tank burst pressure).
    RSPA published an NPRM under Docket HM-175A on October 8, 1993 (58 
FR 52574) but did not propose changes to the HMR concerning pressure 
relief devices. Based on the merit of comments to Docket HM-175A and a 
petition for rulemaking [P-1083], RSPA is proposing to consolidate the 
pressure relief device requirements now contained in Secs. 173.314(i), 
179.100-15, 179.200-18, 179.201-7, and 179.220-19 into a new 
Sec. 179.15. This proposal incorporates a performance-based flow 
capacity requirement to prevent excess pressure build-up within the 
tank, under fire conditions for both reclosing and nonreclosing 
pressure relief devices. Further, RSPA is not proposing an increase in 
the flow capacity of a pressure relief device (including those devices 
used on tank cars transporting materials toxic by inhalation), based on 
comments received to Docket HM-175A.
    For most tank car specifications, the current start-to-discharge 
pressure setting for pressure relief devices is 30 percent of the tank 
burst pressure (33 percent of the tank burst pressure for certain 
commodities listed in Sec. 173.314(i) and in two DOT exemptions: DOT-E 
10288 and DOT-E 10328). Flow capacity of the pressure relief device is 
set at 33 percent of the tank burst pressure. For nonpressure tank car 
specifications, however, the start-to-discharge pressure setting of a 
pressure relief device is about 15 percent of the tank burst pressure. 
To allow for an equivalent start-to-discharge pressure setting for both 
pressure and nonpressure tank car specifications, RSPA is proposing a 
start-to-discharge pressure setting of up to 33 percent of the tank 
burst pressure for all commodities and specifications. Based on the 
physical-chemical properties of the material (vapor pressure, static 
head, and gas padding pressure of the product within the tank), this 
notice also proposes to authorize a reduction in the start-to-discharge 
pressure setting. This proposal is consistent with Section VIII, UG-
125, of the American Society of Mechanical Engineers Pressure Vessels 
Code (ASME) and an exemption (DOT-E 11184) that authorizes the 
transportation of certain flammable liquid products in DOT 105J300W 
tank cars having a start-to-discharge pressure setting of 75 psig as 
opposed to 225 psig. Further, because of costs associated with 
modifying existing tank cars to conform to this proposed requirement 
and because there is no apparent safety reason to require any 
modification to existing tank cars, this NPRM proposes to allow the 
continued use of tank cars having a start-to-discharge pressure set at 
15 percent of burst.
    In addition, this notice proposes that a tank car equipped with a 
nonreclosing pressure relief device must have installed a rupture disc 
designed to burst at 33 percent of the tank burst pressure within one 
year after any final rule issued in this docket. For example, a DOT 
111A100W2 tank car would have a rupture disc designed to burst at 165 
psig within one year after any final rule issued in this docket. This 
proposal is based on provisions in several exemptions (e.g., DOT-E 
10118 and DOT-E 10354), several petitions for rulemaking, and the 
number of rupture disc failures reported to RSPA's Hazardous Materials 
Information System.
    The location for pressure relief devices would be revised in 
proposed paragraph (g) to allow for the mounting of pressure relief 
valves on a hinged manway cover plate. The current regulations require 
mounting a pressure relief valve on the tank dome, manway cover plate, 
or on a nozzle on top of the tank shell. This notice proposes to 
require a pressure relief device to communicate with the vapor space 
above the lading.
    Sections 179.100-15, 179.200-18, 179.201-7, and 179.220-19. These 
sections contain provisions for safety relief devices. For consistency 
with the proposed consolidation of safety relief device provisions in 
Sec. 179.15, RSPA is proposing to remove these sections from the HMR.
    Sections 179.101-1 and 179.201-1. RSPA proposes to revise 
individual specification requirements for pressure tank cars and non-
pressure tank cars, respectively. The proposed revisions will correct 
many typographical errors and remove several special references that 
are no longer applicable. RSPA also proposes to add a new class ``DOT 
120A'' specification tank car and a new ``DOT 111A60W6'' specification 
tank car in the table based on two petitions for rulemaking [P-1044 and 
P-1119] from AAR. Furthermore, RSPA proposes to remove certain entries 
from the table since these provisions are currently found in the text 
proceeding the table (see for example Secs. 179.200-11, 179.200-14, and 
179.200-16).
    Section 179.102-4. Paragraph (d), which specifies at least one 
safety relief valve on a tank car tank used to transport vinyl 
fluoride, inhibited, would be removed, consistent with the proposed 
consolidation of safety relief device provisions in Sec. 179.15. In 

[[Page 65497]]
addition, paragraphs (b) and (c) would be redesignated paragraphs (a) 
and (b), paragraphs (e) through (k) would be redesignated paragraphs 
(c) through (i), and reserved paragraph (l) would be removed.
    Section 179.103-5. Based on the merits of a petition [P-1048] 
submitted by AAR, paragraph (b)(2) would be revised to adopt 
requirements for the attachment of unloading connections for bottom 
outlets on pressure tank cars. This proposed revision would reflect 
existing requirements for bottom outlets on non-pressure tank cars.
    Section 179.200-7. In addition to the proposed revision of the 
paragraph (b) table discussed previously, certain ASTM specifications 
would be revised to remove references to outdated publications. The 
entry for ASTM B 209-70, Alloy 6061 would be removed, as would 
footnotes 4 and 5 associated with that entry. Footnote 2 following the 
paragraph (d) table would be revised to reference Practice A of ASTM A 
262-85, which is a definitive, rapid method of identifying, by simple 
etching, those specimens free of susceptibility to intergranular 
attack. This revision is based on a petition [P-1049] from AAR, and 
also requests referencing this Footnote 2 in Sec. 179.201-4.
    Section 179.200-14. The first sentence of paragraph (a) and the 
first sentence of paragraph (b) would be revised to recognize the new 
outage and filling limits for tank cars adopted in Docket HM-181.
    Section 179.200-16. RSPA is proposing to revise the first sentence 
in paragraph (d) to require an outage scale visible through the manway 
opening when using a gaging device. This revision is based on the 
proposed changes to Sec. 179.201-1.
    Section 179.200-24. The reference to ``ASTM A 285C'' would be 
revised to read ``ASTM A 516''.
    Section 179.201-4. This section specifies material requirements for 
fittings, tubes, castings, projections, and closures. Based on a 
petition [P-1049] submitted by AAR, this section would be revised to 
refer to Footnote 2 of Sec. 179.200-7(d) rather than the AAR 
Specifications.
    Section 179.221-1. RSPA is proposing to revise the class DOT 115A 
specification table as noted in the discussion of Secs. 179.101-1 and 
179.201-1.
    Sections 179.222, 179.222-1, and 179.500-17. These sections would 
be removed because identical provisions are contained elsewhere in the 
HMR.

II. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and therefore, was 
not reviewed by the Office of Management and Budget. The rule is not 
considered a significant rule under the Regulatory Policies and 
Procedures of the Department of Transportation [44 FR 11034].
    The economic impact of this proposed rule is expected to result in 
only minimal costs to certain persons subject to the HMR and may result 
in modest cost savings to a small number of persons subject to the HMR 
and to the agency. Because of the minimal economic impact of this rule, 
preparation of a regulatory impact analysis or a regulatory evaluation 
is not warranted. This certification may be revised as a result of 
public comment.

B. Executive Order 12612

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 
(``Federalism''). Federal law expressly preempts State, local, and 
Indian tribe requirements applicable to the transportation of hazardous 
material that cover certain subjects and are not substantively the same 
as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
    (A) The designation, description, and classification of hazardous 
material;
    (B) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (C) The preparation, execution, and use of shipping documents 
pertaining to hazardous material, and requirements respecting the 
number, content, and placement of such documents;
    (D) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; or
    (E) The design, manufacturing, fabrication, marking, maintenance, 
reconditioning, repairing, or testing of a package or container which 
is represented, marked, certified, or sold as qualified for use in the 
transportation of hazardous material.
    If adopted as final, this rule would preempt State, local, or 
Indian tribe requirements concerning these subjects unless the non-
Federal requirements are ``substantively the same'' (see 49 CFR 
107.202(d) as the Federal requirements.
    Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
regulation concerning any of the covered subjects, after November 16, 
1990, DOT must determine and publish in the Federal Register the 
effective date of Federal preemption. The effective date may not be 
earlier than the 90th day following the date of issuance of the final 
rule and not later than two years after the date of issuance. RSPA 
requests comments on what the effective date of Federal Preemption 
should be for the requirements in this proposed rule that concern 
covered subjects.

C. Regulatory Flexibility Act

    This proposed rule would respond to petitions for rulemaking. It is 
intended to provide clarification of the regulations and relax certain 
requirements. Therefore, I certify that this proposal will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. This certification is subject to modification as a 
result of a review of comments received in response to this proposal.

D. Paperwork Reduction Act

    There are no new information collection requirements in this 
proposed rule.

E. Regulation Identifier Number (RIN)

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

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Hazardous materials transportation, Hazardous waste, Labels, 
Markings, Packaging and containers, Reporting and recordkeeping 
requirements.

49 CFR Part 173

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

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety. 

[[Page 65498]]


49 CFR Part 179

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

    In consideration of the foregoing, 49 CFR Chapter I would be 
amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

    1. The authority citation for Part 171 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 171.7  [Amended]

    2. In Sec. 171.7, in the table in paragraph (a)(3), the following 
changes are made:
    a. The following entries would be removed: ASTM A 53-69a, ASTM A 
178-70, ASTM A 192-69, ASTM A 269-69, ASTM A 312-70a, ASTM B 161-70, 
ASTM B 210-70, ASTM B 221-76, ASTM B 241-76.
    b. For the entry ``ASTM A 20-81'', the reference ``20-81'' would be 
revised to read ``A 20-94''.
    c. For the entry ``ASTM A 240-82'', the reference ``240-82'' would 
be revised to read ``240-94'', and the wording ``Fusion-Welded 
Unfired'' would be removed.
    d. For the entry ``ASTM A 262-68'', the reference ``262-68'' would 
be revised to read ``262-93'', the word ``Recommended'' would be 
removed and the word ``Standard'', added in its place and the word 
``Austenitic'' would be added immediately before ``Stainless Steels''.
    e. For the entry ``ASTM A 302-78'', the reference ``302-78'' would 
be revised to read ``302-93''.
    f. For the entry ``ASTM A 370-77'', the reference ``370-77'' would 
be revised to read ``370-94'', the word ``Test'' would be added 
immediately following the word ``Standard'' and the word ``Definition'' 
would be revised to read ``Definitions''.
    g. For the entry ``ASTM A 515-69'', the reference ``515-69'' would 
be revised to read ``515-92'', and the wording ``Carbon Steel Plates 
for Pressure Vessels'' would be removed and the wording ``Standard 
Specification for Pressure Vessel Plates, Carbon Steel'' would be added 
in its place.
    h. For the entry ``ASTM A 516-79b'', the reference ``516-79b'' 
would be revised to read ``516-90''.
    i. For the entry ``ASTM A 537-80'', the reference ``537-80'' would 
be revised to read ``537-91''.
    j. For the entry ``ASTM B 162-69'', the reference ``162-69'' would 
be revised to read ``162-93''.
    k. For the entry ``ASTM B 209-69'', the reference ``209-69'' would 
be revised to read ``209-93'' and the wording ``Aluminum Alloy'' would 
be revised to read ``Aluminum and Aluminum-Alloy''.

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

    3. The authority citation for Part 172 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.


Sec. 172.101  [Amended]

    4. In Sec. 172.101, in the Hazardous Materials Table, the following 
changes would be made:
    a. For the following entries, in Column (7), Special Provision 
``B12,'' would be removed:

Acrolein, inhibited;
Bromine or Bromine solutions;
Bromine chloride;
Dinitrogen tetroxide, liquefied;
Formic acid;
Hydrocyanic acid, aqueous solutions or Hydrogen cyanide, aqueous 
solutions with not more than 20 percent hydrogen cyanide;
Hydrocyanic acid, aqueous solutions with less than 5 percent hydrogen 
cyanide;
Hydrofluoric acid, solution, with more than 60 percent strength;
Hydrofluoric acid, solution, with not more than 60 percent strength;
Hydrogen cyanide, stabilized with less than 3 percent water;
Hydrogen fluoride, anhydrous;
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with 
acids, water and not more than 5 percent peroxyacetic acid;
Hydrogen peroxide, aqueous solutions with more than 40 percent but not 
more than 60 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, aqueous solutions with not less than 20 percent but 
not more than 40 percent hydrogen peroxide (stabilized as necessary);
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, 
stabilized with more than 60 percent hydrogen peroxide;
Motor fuel anti-knock mixtures;
Nitric acid other than red fuming, with more than 70 percent nitric 
acid;
Nitric acid other than red fuming, with not more than 70 percent nitric 
acid;
Nitric oxide;
Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide and 
nitrogen dioxide mixtures;
Perchloryl fluoride;
Phosphorus, amorphous;
Phosphorus, white dry or Phosphorus, white, under water or Phosphorus, 
white, in solution or Phosphorus, yellow dry or Phosphorus, yellow, 
under water or Phosphorus, yellow, in solution;
Phosphorous white, molten;
Potassium nitrate and sodium nitrite mixtures;
Sulfur trioxide, inhibited; and
Sulfur trioxide, uninhibited.

    b. For the entries ``Carbon dioxide, solid or Dry ice'' and 
``Potassium permanganate'', in Column (7), Special Provision ``B12'' 
would be removed.
    c. For the entry ``Dimethylhydrazine, unsymmetrical'', in Column 
(7), Special Provision ``B79,'' would be removed.
    5. In Sec. 172.102, in paragraph (c)(3), Special Provisions B12 and 
B79 would be removed and Special Provisions B42, B65, B71, B72, B74, 
B76 and the first sentence of B78 would be revised to read as follows:


Sec. 172.102  Special provisions.

* * * * *
    (c) * * *
    (3) * * *

Code/Special Provisions

* * * * *
    B42  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
or greater and conform to Class 105J. Each tank car must have a 
safety relief device having a start-to-discharge pressure of 10.34 
Bar (150 psig). The tank car specification may be marked to indicate 
a test pressure of 13.79 Bar (200 psig).
* * * * *
    B65  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
or greater and conform to Class 105J. Each tank car must have a 
safety relief device having a start-to-discharge pressure of 15.51 
Bar (225 psig). The tank car specification may be marked to indicate 
a test pressure of 20.68 Bar (300 psig).
* * * * *
    B71  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
or greater and conform to Class 105, 112, or 114.
    B72  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
or greater and conform to Class 105J, 106, or 110.
    B74  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
or greater and conform to Class 105S, 106, 110, 112J, or 114J.
    B76  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
or greater and conform to Class 105S, 112J, or 114J. Each tank car 
must have a safety relief device having a start-to-discharge 
pressure of 10.34 Bar (150 psig). The tank car specification may be 
marked to indicate a test pressure of 13.79 Bar (200 psig).
* * * * *
    B78  Tank cars must have a test pressure of 4.14 Bar (60 psig) 
or greater and conform to Class 103, 104, 105, 109, 111, 112, or 
114. * * *
* * * * * 

[[Page 65499]]



Sec. 172.102  [Amended]

    6. In addition, in Sec. 172.102, in paragraph (c)(3), the following 
changes would be made:
    a. For Special Provision B4, the wording ``AAR 206 tank car tanks 
and'' would be removed.
    b. For Special Provision B5, the wording ``DOT 103 ALW, 111A60 ALW 
tank car tanks and'' would be removed.
    c. For Special Provision B10, the wording ``AAR 206 tank car 
tanks,'' would be removed.
    d. For Special Provision B57, the wording ``complying with 
Sec. 179.221-1 of this subchapter and the outer shell must be stenciled 
``CHLOROPRENE'' on both sides in letters not less than 102 mm (4 
inches) high'' would be removed.
    7. In Sec. 172.203, paragraphs (e)(2) and (g) would be revised to 
read as follows:


Sec. 172.203  Additional description requirements.

* * * * *
    (e) * * *
    (2) The description on the shipping paper for a tank car containing 
the residue of a hazardous material must include the phrase, ``RESIDUE: 
LAST CONTAINED. . .'' before the basic description.
* * * * *
    (g) Transportation by rail. (1) The shipping paper for a rail car, 
freight container, transport vehicle, or portable tank that contains a 
hazardous material must include the reporting mark and number of the 
rail car, freight container, transport vehicle, or portable tank.
    (2) The shipping paper for each DOT-113 tank car containing a 
Division 2.1 material or its residue must contain an appropriate 
notation, such as ``DOT 113'', and the statement ``Do not hump or cut 
off car while in motion.''
    (3) When shipments of elevated temperature materials are 
transported under the exception permitted in Sec. 173.247(h)(3) of this 
subchapter, the shipping paper must contain an appropriate notation, 
such as ``Maximum operating speed 15 mph.''.
* * * * *
    8. In Sec. 172.205, paragraph (f) would be revised to read as 
follows:


Sec. 172.205  Hazardous waste manifest.

* * * * *
    (f) Transportation by rail. Notwithstanding the requirements of 
paragraphs (d) and (e) of this section, the following requirements 
apply:
    (1) When accepting hazardous waste from a non-rail transporter, the 
initial rail transporter must:
    (i) Sign and date the manifest acknowledging acceptance of the 
hazardous waste;
    (ii) Return a signed copy of the manifest to the non-rail 
transporter;
    (iii) Forward at least three copies of the manifest to:
    (A) The next non-rail transporter, if any; or
    (B) The designated facility, if the shipment is delivered to that 
facility by rail; or
    (C) The last rail transporter designated to handle the waste in the 
United States; and
    (iv) Retain one copy of the manifest and rail shipping paper in 
accordance with 40 CFR 263.22.
    (2) Rail transporters must ensure that a shipping paper containing 
all the information required on the manifest (excluding the EPA 
identification numbers, generator certification and signatures) and, 
for exports, an EPA Acknowledgment of Consent accompanies the hazardous 
waste at all times. Intermediate rail transporters are not required to 
sign either the manifest or shipping paper.
    (3) When delivering hazardous waste to the designated facility, a 
rail transporter must:
    (i) Obtain the date of delivery and handwritten signature of the 
owner or operator of the designated facility on the manifest or the 
shipping paper (if the manifest has not been received by the facility); 
and
    (ii) Retain a copy of the manifest or signed shipping paper in 
accordance with 40 CFR 263.22.
    (4) When delivering hazardous waste to a non-rail transporter a 
rail transporter must:
    (i) Obtain the date of delivery and the handwritten signature of 
the next non-rail transporter on the manifest; and
    (ii) Retain a copy of the manifest in accordance with 40 CFR 
263.22.
    (5) Before accepting hazardous waste from a rail transporter, a 
non-rail transporter must sign and date the manifest and provide a copy 
to the rail transporter.
* * * * *
    9. In Sec. 172.330, paragraph (a)(1) would be revised to read as 
follows:


Sec. 172.330  Tank cars and multi-unit tank car tanks.

    (a) * * *
    (1) In a tank car unless the following conditions are met:
    (i) The tank car must be marked on each side and each end as 
required by Sec. 172.302 with the identification number specified for 
the material in the Sec. 172.101 Table; and
    (ii) A tank car containing any of the following materials must be 
marked on each side with the key words of the proper shipping name 
specified for the material in the Sec. 172.101 Table, or with a common 
name authorized for the material in this subchapter (e.g., 
``Refrigerant Gas''):
    (A) Division 2.1 or Division 2.3 materials;
    (B) Anhydrous ammonia or an ammonia solution with more than 50% 
ammonia;
    (C) A refrigerant or dispersant gas, as defined in Sec. 173.115 of 
this subchapter;
    (D) Bromine or bromine solutions;
    (E) Chloroprene, inhibited;
    (F) Hydrogen cyanide; or
    (G) A Division 2.2 material in a Class DOT 107 tank car.
* * * * *
    10. In Sec. 172.510, paragraph (a) would be revised, paragraphs (b) 
and (c) would be removed, and paragraphs (d) and (e) would be 
redesignated as paragraphs (b) and (c), respectively, to read as 
follows:


Sec. 172.510  Special placarding provisions: Rail.

    (a) White square background. The following must have the specified 
placards placed on a white square background, as described in 
Sec. 172.527:
    (1) Division 1.1 and 1.2 (explosive) materials which require 
EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
    (2) Materials poisonous by inhalation in Hazard Zone A, including 
tank cars containing only a residue of the material; and
    (3) Class DOT 113 tank cars used to transport a Division 2.1 
(flammable gas) material, including tank cars containing only a residue 
of the material.
* * * * *


Sec. 172.526  [Removed and reserved]

    11. Section 172.526 would be removed and reserved.

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

    12. The authority citation for Part 173 would continue to read as 
follows:

    Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.

    13. In Sec. 173.24b, paragraph (a)(3) would be removed and 
paragraph (a)(1) would be revised to read as follows:


Sec. 173.24b  Additional general requirements for bulk packagings.

    (a) Outage and filling limits. (1) Liquids and liquefied gases must 
be so loaded that the outage is at least one percent (two percent for 
anhydrous ammonia and five percent for materials poisonous by 
inhalation) of the total capacity of a cargo tank, portable tank, tank 
car (including dome capacity), 

[[Page 65500]]
multi-unit tank car tank, or any compartment thereof, at the following 
reference temperatures--
    (i) 46 deg.C (115 deg.F) for noninsulated tanks;
    (ii) 43 deg.C (110 deg.F) for tank cars having a thermal protection 
system, incorporating a metal jacket, that provides an overall thermal 
conductance at 15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules 
per hour per square meter per degrees Celsius (0.5 Btu per hour/ per 
square foot/ per degree F) temperature differential; or
    (iii) 41 deg.C (105 deg.F) for insulated tanks.
* * * * *


Sec. 173.29  [Amended]

    14. In Sec. 173.29, paragraph (f) would be removed and reserved.
    15. In Sec. 173.314, as currently in effect, paragraph (b)(5) would 
be removed, paragraph (b)(6) would be redesignated as paragraph (b)(5) 
and revised, and paragraph (i) would be removed and reserved, to read 
as follows:


Sec. 173.314  Requirements for compressed gases in tank car tanks.

* * * * *
    (b) * * *
    (5) Each tank car used for the transportation of a Division 2.1 or 
2.3 material or anhydrous ammonia must have gaskets capable of 
surviving temperatures at or above 230 deg.C (450 deg.F). The use of 
sealants to install gaskets is prohibited.
* * * * *


Sec. 173.314  [Amended]

    16. In addition, in Sec. 173.314, as amended at 60 FR 49074, 
effective July 1, 1996, the following changes would be made:
    a. In the paragraph (c) table, in Column 2, for the entry 
``Ammonia, anhydrous, or ammonia solutions >50 percent ammonia'', 
``Note 2'' would be removed and ``Note 3'' added in its place.
    b. In paragraph (c), in Column 3, for the entry ``Dimethyl ether'', 
the class designations ``112'' and ``114'' would be added in 
appropriate numerical order.
    c. In the notes following the paragraph (c) table, Note 2, would be 
removed and reserved.

PART 174--CARRIAGE BY RAIL

    17. The authority citation for Part 174 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    18. Section 174.3 would be revised to read as follows:


Sec. 174.3  Unacceptable hazardous materials shipments.

    No person may accept for transportation or transport by rail any 
shipment of hazardous material that is not in accordance with the 
requirements of this subchapter.


Sec. 174.8  [Removed]

    20. Section 174.8 would be removed.
    21. Section 174.9 would be revised to read as follows:


Sec. 174.9  Inspection and acceptance.

    At each location where a hazardous material is accepted for 
transportation or placed in a train, the carrier shall externally 
inspect each rail car containing the hazardous material, at ground 
level, for required markings, labels, placards, securement of closures, 
leakage, and for the requirements of part 215 of this title.


Sec. 174.10  [Removed]

    22. Section 174.10 would be removed.


Sec. 174.11  [Removed]

    23. Section 174.11 would be removed.


Sec. 174.18  [Removed]

    24. Section 174.18 would be removed.
    25. Section 174.24 would be revised to read as follows:


Sec. 174.24  Shipping papers.

    A carrier may not accept or transport a hazardous material by rail 
unless the material is properly described on a shipping paper in the 
manner prescribed in part 172 of this subchapter. An originating 
carrier must have a copy of the shipping paper that bears the shipper's 
certification as required by Sec. 172.204 of this subchapter.


Sec. 174.25  [Removed]

    26. Section 174.25 would be removed.
    27. In Sec. 174.26, paragraph (a) would be removed, paragraphs (b) 
and (c) would be redesignated as paragraphs (a) and (b), respectively, 
and newly redesignated paragraph (b) would be revised to read as 
follows:


Sec. 174.26  Notice to train crews of placarded cars.

* * * * *
    (b) A member of the train crew of a train transporting a hazardous 
material must have a copy of the shipping papers, train consist, or 
other car movement document for the hazardous material being 
transported showing the information required by part 172 of this 
subchapter.


Sec. 174.45  [Removed]

    28. Section 174.45 would be removed.


Secs. 174.47 through 174.49  [Removed]

    29. Sections 174.47, 174.48 and 174.49 would be removed.
    30. Section 174.50 would be revised to read as follows:


Sec. 174.50  Leaking packages.

    Leaking packages other than tank cars may not be forwarded until 
repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of 
this subchapter. Except as otherwise provided, a tank car that no 
longer conforms to this subchapter may not be forwarded unless repaired 
or approved, in writing, for movement by the Associate Administrator 
for Safety, Federal Railroad Administration. For the applicable address 
and telephone number, see part 107, appendix A, of this chapter. A 
leaking tank car containing any hazardous material may be switched to a 
location distant from habitation and highways if the move can be safely 
made and, in the case of a liquid leak, if precautions are taken 
against the spread of the liquid.
    31. Section 174.55 would be revised to read as follows:


Sec. 174.55  General requirements.

    (a) Except as otherwise provided, each packaging containing 
hazardous materials being transported by rail must be secured within 
the transport vehicle so that the packaging will not become damaged to 
an extent that would affect its integrity under conditions normally 
incident to rail transportation.
    (b) Each package of hazardous materials bearing package orientation 
markings prescribed in Sec. 172.312 of this subchapter must be secured 
within the transport vehicle in accordance with the orientation 
indicated by the markings.
    (c) The doors of the transport vehicle may not be used as support 
for the securement system or the package beyond their design strength 
as required by the AAR's Manual of Standards and Recommended Practices, 
Specification M-930 (for containers) and M-931 (for trailers).


Sec. 174.67  [Amended]

    32. In Sec. 174.67, in paragraph (k), the wording ``, except that 
heater coil inlet and outlet pipes must be left open for drainage'' 
would be removed.


Sec. 174.69  [Removed]

    33. Section 174.69 would be removed.
    34. Section 174.85 would be amended by revising paragraph (c) to 
read as follows:


Sec. 174.85  Position in train of placarded cars, transport vehicles, 
freight containers, and bulk packagings.

* * * * * 

[[Page 65501]]

    (c) A rail car containing the residue of a hazardous material must 
be separated from a locomotive or occupied caboose by at least one non-
placarded rail car.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

    35. The authority citation for part 179 would continue to read as 
follows:

    Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

    36. Section 179.12 would be revised to read as follows:


Sec. 179.12  Interior heater systems.

    (a) Interior heater systems shall be of approved design and 
materials. If a tank is divided into compartments, a separate system 
shall be provided for each compartment.
    (b) Each interior heater system shall be hydrostatically tested at 
not less than 13.79 bar (200 psi) and shall hold the pressure for 10 
minutes without leakage or evidence of distress.


Secs. 179.12-1 through 179.12-7  [Removed]

    37. Sections 179.12-1 through 179.12-7 would be removed.
    38. Section 179.15 would be added to read as follows:


Sec. 179.15  Pressure relief devices.

    Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must 
have a pressure relief system that conforms to the following 
requirements:
    (a) Performance standard. Each tank must have a pressure relief 
system having sufficient flow capacity to prevent pressure build-up in 
the tank to no more than the flow rating pressure of the pressure 
relief device in fire conditions as defined in Appendix A of the 
Association of American Railroads Specifications for Tank Cars.
    (b) Settings for pressure relief valves. (1) Except as provided in 
paragraph (b)(2) of this section, a reclosing pressure relief valve 
must have a minimum start-to-discharge pressure equal to the sum of the 
lading vapor pressure at the reference temperature (46  deg.C (115 
deg.F) for noninsulated tanks, 41  deg.C (105  deg.F) for insulated 
tanks) plus the static head plus gas padding pressure. The start-to-
discharge pressure may not be lower than 5.17 Bar (75 psig) or exceed 
33 percent of the minimum tank burst pressure.
    (2) Tanks built prior to [one year after publication of final rule] 
having a minimum tank burst pressure of 34.47 Bar (500 psig) or less 
may be equipped with a reclosing pressure relief valve having a start-
to-discharge pressure of not less than 14.5 percent of the minimum tank 
burst pressure but no more than 33 percent of the minimum tank burst 
pressure.
    (3) The vapor tight pressure of a reclosing pressure relief valve 
must be at least 80 percent of the start-to-discharge pressure.
    (4) The valve flow rating pressure must be 110 percent of the 
start-to-discharge pressure for tanks having a minimum tank burst 
pressure greater than 34.47 Bar (500 psig) and from 110 percent to 130 
percent for tanks having a minimum tank burst pressure less than or 
equal to 34.47 Bar (500 psig).
    (5) The tolerance for a reclosing pressure relief valve is 
<plus-minus> 3 psi for valves with a start-to-discharge pressure of 
6.89 Bar (100 psig) or less and <plus-minus> 3 percent for valves with 
a start-to-discharge pressure greater than 6.89 Bar (100 psig).
    (c) Flow capacity of pressure relief systems. The total flow 
capacity of each reclosing and nonreclosing pressure relief device must 
conform to Appendix A of the Association of American Railroads 
Specifications for Tank Cars.
    (d) Flow capacity tests. The manufacturer of any reclosing or 
nonreclosing pressure relief device must design and test the device in 
accordance with Appendix A of the Association of American Railroads 
Specifications for Tank Cars.
    (e) Combination pressure relief systems. (1) When a reclosing 
pressure relief valve is used in combination with a breaking pin 
device, the breaking pin must be designed to fail at the start-to-
discharge pressure specified in paragraph (b) of this section, and the 
reclosing pressure relief valve must be designed to discharge at 95 
percent of the start-to-discharge pressure.
    (2) When a reclosing pressure relief valve is used in combination 
with a rupture disc, the rupture disc must be designed to fail at the 
start-to-discharge pressure specified in paragraph (b) of this section, 
and the reclosing pressure relief valve must be designed to discharge 
95 percent of the start-to-discharge pressure. A device must be 
installed to detect any accumulation of pressure between the rupture 
disc and the reclosing pressure relief valve. The detection device must 
be a needle valve, trycock, or tell-tale indicator. The detection 
device must be closed during transportation.
    (f) Non-reclosing pressure relief device. In addition to paragraphs 
(a), (c), and (d) of this section, a nonreclosing pressure relief 
device must conform to the following requirements:
    (1) After [one year after publication of final rule], a non-
reclosing pressure relief device must incorporate a rupture disc 
designed to burst at 33 percent of the tank burst pressure.
    (2) The approach channel and the discharge channel may not reduce 
the required minimum flow capacity of the pressure relief device.
    (3) The nonreclosing pressure relief device must be designed to 
prevent interchange with other fittings installed on the tank car, must 
have a structure that encloses and clamps the rupture disc in position 
(preventing any distortion or damage to the rupture disc when properly 
applied), and must have a cover, with suitable means of preventing 
misplacement, designed to direct any discharge of the lading downward.
    (4) The nonreclosing pressure relief device must be closed with a 
rupture disc that is compatible with the lading and manufactured in 
accordance with Appendix A of the AAR Specifications for Tank Cars.
    (g) Location of relief devices. Each pressure relief device must 
communicate with the vapor space above the lading on the longitudinal 
center line as near as practicable to the center of the tank.
    (h) Marking of pressure relief devices. Each pressure relief device 
and rupture disc must be permanently marked in accordance with the 
Appendix A of the Association of American Railroads Specifications for 
Tank Cars.
    39. In Sec. 179.100-7, the table following paragraph (a) would be 
revised to read as follows:


Sec. 179.100-7  Materials.

    (a) * * *

------------------------------------------------------------------------
                                                              Minimum   
                                               Minimum     elongation in
                                               tensile       2 inches   
              Specifications                  strength       (percent)  
                                              (p.s.i.)        welded    
                                               welded        condition  
                                              condition   (longitudinal)
-------------------------------------------------\1\--------------------
ASTM A 516................................       70,000             20  
AAR TC128, Gr. B..........................       81,000             19  
ASTM A 537, Class 1.......................       70,000             23  
ASTM A 302, Gr. B.........................       80,000            20   
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *


Sec. 179.100-7  [Amended]

    40. In addition, in Sec. 179.100-7, the following changes would be 
made:
    a. In the table following paragraph (b), the last entry ``ASTM B 
209-70, Alloy 6061 \4\'' would be removed, and the wording ``209-70'' 
would be revised to read ``209'' each place it appears.
    b. In the footnotes to the paragraph (b) table, Footnotes 4 and 5 
would be 

[[Page 65502]]
removed and Footnote 6 would be redesignated as Footnote 4.
    c. In the table following paragraph (c)(1), the wording ``A240-70'' 
would be revised to read ``A 240'' each place it appears.
    d. In paragraph (c)(2) (i), the wording ``A262-68'' would be 
revised to read ``A 262'', the word ``Recommended'' would be revised to 
read ``Standard'', and the word ``Austenitic'' would be added 
immediately before ``Stainless Steel''.


Sec. 179.100-10  [Amended]

    41. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-
70'' would be revised to read ``ASTM A 240''.


Sec. 179.100-15  [Removed and reserved]

    42. Section 179.100-15 would be removed and reserved.


Sec. 179.100-20  [Amended]

    43. In Sec. 179.100-20, in the paragraph (a) table, for the entry 
``Material'', in the second column, the wording ``ASTM A515-70'' would 
be revised to read ``ASTM A 516''.
    44. Section 179.101-1 would be revised to read as follows:


Sec. 179.101-1  Individual specification requirements.

    In addition to Sec. 179.100, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Minimum                                                                            
                                                        Bursting      plate       Test       Manway                                           Reference 
       DOT specification              Insulation        pressure    thickness   pressure      cover      Bottom outlet      Bottom washout    (179.***) 
                                                          (psi)     (inches)      (psi)     thickness                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
105A100ALW....................  Yes..................         500       \5/8\         100  \2\ 2\1/2\  No...............  No...............  ...........
105A200ALW....................  Yes..................         500       \5/8\         200  \2\ 2\1/2\  No...............  No...............  ...........
105A300ALW....................  Yes..................         750       \5/8\         300  \2\ 2\5/8\  No...............  No...............  ...........
105A100W......................  Yes..................         500  \3\ \9/16\         100      2\1/4\  No...............  No...............  ...........
105A200W......................  Yes..................         500  \3\ \9/16\         200      2\1/4\  No...............  No...............  ...........
105A300W......................  Yes..................         750    \1\ \11/         300  \7\ 2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
105A400W......................  Yes..................       1,000    \1\ \11/         400  \7\ 2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
105A500W......................  Yes..................       1,250    \1\ \11/         500      2\1/4\  No...............  No...............  102-1, 102-
                                                                          16\                                                                          2
105A600W......................  Yes..................       1,500    \1\ \11/         600      2\1/4\  No...............  No...............  102-4, 102-
                                                                          16\                                                                         17
109A100ALW....................  Optional.............         500       \5/8\         100  \2\ 2\1/2\  No...............  Optional.........  ...........
109A200ALW....................  Optional.............         500       \5/8\         200  \2\ 2\1/2\  No...............  Optional.........  ...........
109A300ALW....................  Optional.............         750       \5/8\         300  \2\ 2\5/8\  No...............  Optional.........  ...........
109A300W......................  Optional.............         500    \1\ \11/         300      2\1/4\  No...............  Optional.........  ...........
                                                                          16\                                                                           
112A200W......................  Optional\4\..........         500  <SUP>3, \5\ \9/         200      2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
112A340W......................  Optional\4\..........         850    \1\ \11/         340      2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
112A400W......................  Optional\4\..........       1,000    \1\ \11/         400      2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
112A500W......................  Optional\4\..........       1,250    \1\ \11/         500      2\1/4\  No...............  No...............  ...........
                                                                          16\                                                                           
114A340W......................  Optional\4\..........         850    \1\ \11/         340     ( \6\ )  Optional.........  Optional.........          103
                                                                          16\                                                                           
114A400W......................  Optional\4\..........       1,000    \1\ \11/         400     ( \6\ )  Optional.........  Optional.........          103
                                                                          16\                                                                           
120A200ALW....................  Yes..................         500       \5/8\         200  \2\ 2\1/2\  Optional.........  Optional.........          103
120A100W......................  Yes..................         500  \3\ \9/16\         100      2\1/4\  Optional.........  Optional.........          103
120A200W......................  Yes..................         500  \3\ \9/16\         200      2\1/4\  Optional.........  Optional.........          103
120A300W......................  Yes..................         750    \1\ \11/         300      2\1/4\  Optional.........  Optional.........          103
                                                                          16\                                                                           
120A400W......................  Yes..................       1,000    \1\ \11/         400      2\1/4\  Optional.........  Optional.........          103
                                                                          16\                                                                           
120A500W......................  Yes..................       1,250    \1\ \11/         500      2\1/4\  Optional.........  Optional.........         103 
                                                                          16\                                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than \5/8\ inch, and when steel of
  81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plates shall be not less than \9/16\ inch.                                   
\2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2\1/4\ inches.                                     
\3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than \1/2\ inch.                        
\4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must    
  have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with
  a reflective coat of white paint.                                                                                                                     
\5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than \1/2\ inch.                                                
\6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec.  179.103-2.                                                                        
\7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.                                                  

Sec. 179.102-1  [Amended]

    45. In Sec. 179.102-1, in paragraph (a)(1), the following changes 
would be made:
    a. In the first sentence, the wording ``A516-79b'' would be revised 
to read ``A 516''.
    b. At the end of the third sentence, the wording ``A370-77'' would 
be revised to read ``A 370''.
    c. In the last sentence, the wording ``A240-79'' would be revised 
to read ``A 240''.


Sec. 179.102-2  [Amended]

    46. In Sec. 179.102-2, in paragraph (a)(1), the wording ``A516-
70a'' would be revised to read ``A 516'' and the wording ``TC-128-70'' 
would be revised to read ``TC-128''.


Sec. 179.102-4  [Amended]

    47. In Sec. 179.102-4, the following changes would be made:
    a. Paragraph (d) would be removed.
    b. Paragraphs (b) and (c) would be redesignated as paragraphs (a) 
and (b), respectively.
    c. Paragraphs (e) through (k) would be redesignated as paragraphs 
(c) through (i), respectively.
    d. Paragraph (l) would be removed.
    48. In Sec. 179.103-5, in paragraph (a)(3), the word ``valve'' 
would be removed, and paragraph (b)(2) would be revised to read as 
follows:


Sec. 179.103-5  Bottom outlets.

* * * * *
    (b) * * *
    (2) To provide for the attachment of unloading connections, the 
discharge end of the bottom outlet nozzle or reducer, the valve body of 
the exterior valve, or some fixed attachment thereto, shall be provided 
with one of the following arrangements or an approved modification 
thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank 
Cars for illustrations of some of the possible arrangements.) 

[[Page 65503]]

    (i) A bolted flange closure arrangement including a minimum 1-inch 
NPT pipe plug (see Fig. E17.1) or including an auxiliary valve with a 
threaded closure.
    (ii) A threaded cap closure arrangement including a minimum 1-inch 
NPT pipe plug (see Fig. E17.2) or including an auxiliary valve with a 
threaded closure.
    (iii) A quick-coupling device using a threaded plug closure of at 
least 1-inch NPT or having a threaded cap closure with a minimum 1-inch 
NPT pipe plug (see Fig. E17.3 through E17.5). A minimum 1-inch 
auxiliary test valve with a threaded closure may be substituted for the 
1-inch pipe plug (see Fig E17.6). If the threaded cap closure does not 
have a pipe plug or integral auxiliary test valve, a minimum 1-inch NPT 
pipe plug shall be installed in the outlet nozzle above the closure 
(see Fig. E17.7).
    (iv) A two-piece quick-coupling device using a clamped dust cap 
must include an in-line auxiliary valve, either integral with the 
quick-coupling device or located between the primary bottom outlet 
valve and the quick-coupling device. The quick-coupling device closure 
dust cap or outlet nozzle shall be fitted with a minimum 1-inch NPT 
closure (see Fig. E17.8 and E17.9).
* * * * *
    49. Section 179.200-7 would be amended by revising the table 
following paragraph (b) to read as follows:


Sec. 179.200-7  Materials.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                               Minimum        Minimum   
                                               tensile     elongation in
                                              strength       2 inches   
              Specifications                  (p.s.i.)    (percent) weld
                                               welded          metal    
                                            condition\1\  (longitudinal)
------------------------------------------------------------------------
ASTM A 515, Gr. 70........................       70,000             20  
ASTM A 516, Gr. 70........................       70,000             20  
AAR TC 128, Gr. B.........................       81,000            19   
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.                        

* * * * *


Sec. 179.200-7  [Amended]

    50. In addition, in Sec. 179.200-7, the following changes would be 
made:
    a. In the table following paragraph (c), the last entry ``ASTM B 
209-70, Alloy 60614'' would be removed, and in the first column, for 
each entry, the wording ``209-70'' would be revised to read ``209''.
    b. In the paragraph (c) table, Footnotes 4 and 5 would be removed 
and Footnote 6 would be redesignated as Footnote 4.
    c. In the table following paragraph (d), in the first column, for 
each entry, the wording ``240-70'' would be revised to read ``240''.
    d. In Footnote 2 in the paragraph (d) table, the wording ``the 
following procedures in ASTM Specification A 262-68 titled, 
`Recommended Practices for Detecting Susceptibility to Intergranular 
Attack in Stainless Steels,' and must exhibit corrosion rates not 
exceeding the following:'' would be revised to read ``Practice A of 
ASTM Specification A 262 titled, `Standard Practices for Detecting 
Susceptibility to Intergranular Attack in Austenitic Stainless Steels.' 
If the specimen does not pass Practice A, Practice B or C must be used 
and the corrosion rates may not exceed the following:''.
    e. In the table following paragraph (e), in the first column, the 
wording ``162-69\2\'' would be revised to read ``162\2\''.
    f. In the table following paragraph (f), in the first column, the 
wording ``302-69a'' would be revised to read ``302''.
    51. In Sec. 179.200-14, the first sentence of paragraph (a) and the 
first sentence of paragraph (b) would be revised to read as follows:


Sec. 179.200-14  Expansion capacity.

    (a) Tanks shall have expansion capacity as prescribed in this 
subchapter. *  *  *
    (b) For tank cars having an expansion dome, the expansion capacity 
is the total capacity of the tank and dome combined. *  *  *
* * * * *
    52. In Sec. 179.200-16, the first sentence in paragraph (d) would 
be revised to read as follows:


Sec. 179.200-16  Gauging devices, top loading and unloading devices, 
venting and air inlet devices.

* * * * *
    (d) When using a gauging device, an outage scale visible through 
the manway opening shall be provided. *  *  *
* * * * *


Sec. 179.200-18  [Removed]

    53. Section 179.200-18 would be removed.


Sec. 179.200-24  [Amended]

    54. In Sec. 179.200-24, in the paragraph (a) table, for the entry 
``Material'' , in the second column, the wording ``ASTM A285 C'' would 
be revised to read ``ASTM A 516''.
    55. Section 179.201-1 would be revised to read as follows:


Sec. 179.201-1  Individual specification requirements.

    In addition to Sec. 179.200, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Minimum                                                                              
                                                       Bursting     plate        Test                                                                   
    DOT Specification \1\            Insulation        pressure   thickness    pressure    Bottom outlet      Bottom washout    References (179.201-***)
                                                        (psi)      (inches)     (psi)                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
103A-ALW.....................  Optional.............        240        \1/2\         60  No...............  Optional.........  .........................
103AW........................  Optional.............        240    179.201-2         60  No...............  Optional.........  .........................
103ALW.......................  Optional.............        240        \1/2\         60  Optional.........  Optional.........  6(a).                    
103ANW.......................  Optional.............        240    179.201-2         60  No...............  Optional.........  6(d).                    
103BW........................  Optional.............        240    179.201-2         60  No...............  No...............  6(b), 3.                 
103CW........................  Optional.............        240    179.201-2         60  No...............  No...............  6(c), 4, 5.              
103DW........................  Optional.............        240    179.201-2         60  Optional.........  Optional.........  6(a), 6(c), 4, 5.        
103EW........................  Optional.............        240    179.201-2         60  No...............  Optional.........  6(c), 4, 5.              
103W.........................  Optional.............        240    179.201-2         60  Optional.........  Optional.........  6(a).                    
104W.........................  Yes..................        240    179.201-2         60  Optional.........  Optional.........  6(a).                    
111A60ALW1...................  Optional.............        240        \1/2\         60  Optional.........  Optional.........  6(a).                    
111A60ALW2...................  Optional.............        240        \1/2\         60  No...............  Optional.........  .........................
111A60W1.....................  Optional.............        240       \7/16\         60  Optional.........  Optional.........  6(a).                    
111A60W2.....................  Optional.............        240       \7/16\         60  No...............  Optional.........  .........................
111A60W5.....................  Optional.............        240       \7/16\         60  No...............  No...............  3, 6(b).                 

[[Page 65504]]
                                                                                                                                                        
111A60W6.....................  Optional.............        240       \7/16\         60  Optional.........  Optional.........  4, 5, 6(a), 6(c).        
111A60W7.....................  Optional.............        240       \7/16\         60  No...............  No...............  4, 5, 6(a).              
111A100ALW1..................  Optional.............        500        \5/8\        100  Optional.........  Optional.........  6(a).                    
111A100ALW2..................  Optional.............        500        \5/8\        100  No...............  Optional.........  .........................
111A100W1....................  Optional.............        500       \7/16\        100  Optional.........  Optional.........  6(a).                    
111A100W2....................  Optional.............        500       \7/16\        100  No...............  Optional.........  .........................
111A100W3....................  Yes..................        500       \7/16\        100  Optional.........  Optional.........  6(a).                    
111A100W4....................  Yes (see 179.211-11).        500       \7/16\        100  No...............  No...............  6(a), 8, 10.             
111A100W5....................  Optional.............        500       \7/16\        100  No...............  No...............  3.                       
111A100W6....................  Optional.............        500       \7/16\        100  Optional.........  Optional.........  4, 5, 6(a) and 6(b).     
111A100W7....................  Optional.............        500       \7/16\        100  No...............  No...............  4, 5, 6(c).              
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or 
  manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec.  179.201-3.                    




Sec. 179.201-4  [Amended]

    56. In Sec. 179.201-4, at the end of the paragraph, the wording 
``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)'' 
would be revised to read ``ASTM Specification A 262''.


Sec. 179.201-5  [Amended]

    57. In Sec. 179.201-5, in paragraphs (a) and (b), the wording 
``ASTM A240-70'' would be revised to read ``ASTM Specification A 240'' 
each place it appears.


Sec. 179.201-7  [Removed]

    58. Section 179.201-7 would be removed.


Sec. 179.220-19  [Removed]

    59. Section 179.220-19 would be removed.
    60. Section 179.221-1 would be revised as follows:


Sec. 179.221-1 Individual specification requirements.

    In addition to Sec. 179.220, the individual specification 
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Minimum                                                                              
                                                       Bursting     plate        Test                                                                   
    DOT Specification \1\            Insulation        pressure   thickness    pressure    Bottom outlet      Bottom washout    Reference (179.221-***) 
                                                        (psi)      (inches)     (psi)                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
115A60W1.....................  Yes..................        240        \1/8\         60  Optional.........  Optional.........  1.                       
115A60ALW....................  Yes..................        240       \3/16\         60  Optional.........  Optional.........                           
115A60W6.....................  Yes..................        240        \1/8\         60  Optional.........  Optional.........  1.                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks converted to DOT-1A series from existing forge-welded specification, DOT-105A 300, 490, or 500 tanks, by modification using conversion details
  complying with DOT-1-11A specification requirements, shall be stenciled by substituting the letter ``F'' for the letter ``W'' in the specification    
  designation.                                                                                                                                          

Sec. 179.222  [Removed]

    61. Section 179.222 would be removed.


Sec. 179.222-1  [Removed]

    62. Section 179.222-1 would be removed.


Sec. 179.300-7  [Amended]

    63. In Sec. 179.300-7, the following changes would be made:
    a. In the table at the end of paragraph (a), the wording ``A 285-
69'' would be revised to read ``A 285'' each place it appears, and the 
wording ``A 515-69'' would be revised to read ``A 515'' each place it 
appears.
    b. In the table at the end of paragraph (b), the wording ``285-69'' 
would be revised to read ``285''.


Sec. 179.500-17  [Amended]

    64. In Sec. 179.500-17, paragraph (a)(7) would be removed.

    Issued in Washington, DC on December 7, 1995 under authority 
delegated in 49 CFR part 106, appendix A.
Alan I. Roberts,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. 95-30408 Filed 12-18-95; 8:45 am]
BILLING CODE 4910-60-P