65492 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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 § 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 § 172.101 Hazardous

Materials Table (HMT), each commodity

assigned this special provision must be

in a packaging authorized in § 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 § 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-
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules 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 § 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 § 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

§ 172.102 special provisions and in

Parts 173 and 179 would be

incorporated into § 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

§ 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 ‘‘midrange’’ temperature for the calculation

of outage and filling limits, provided the

insulation qualities provide an overall

thermal conductance at 15.5°C (60°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 § 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 § 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 heatresistant 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
65494 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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 § 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°C (450–

650°F). Consequently, RSPA is

proposing to specify that a heat-resistant

gasket can survive temperatures at or

above 230°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 § 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 § 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 §§ 174.8, 174.9 and 174.10

would be consolidated into § 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 § 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
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules 65495

§ 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

§ 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 § 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

§§ 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 § 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 §§ 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 noncompliance 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 § 172.514.

Section 174.85. Based on

corresponding changes in §§ 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: §§ 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 § 179.12 would

be revised by incorporating provisions

from §§ 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-todischarge 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-todischarge pressure setting for tank cars

with that prescribed by the ASME code.
65496 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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-todischarge 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 §§ 173.314(i), 179.100–15,

179.200–18, 179.201–7, and 179.220–19

into a new § 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

§ 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-todischarge 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-todischarge 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 § 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 §§ 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 § 179.15. In
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules 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 § 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 § 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

§ 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 §§ 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.
65498 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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.

§ 171.7 [Amended]

2. In § 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.

§ 172.101 [Amended]

4. In § 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 § 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:

§ 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.

* * *

* * * * *
Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules 65499

§ 172.102 [Amended]

6. In addition, in § 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 § 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 § 172.203, paragraphs (e)(2) and

(g) would be revised to read as follows:

§ 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

§ 173.247(h)(3) of this subchapter, the

shipping paper must contain an

appropriate notation, such as

‘‘Maximum operating speed 15 mph.’’.

* * * * *

8. In § 172.205, paragraph (f) would be

revised to read as follows:

§ 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 nonrail 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 § 172.330, paragraph (a)(1)

would be revised to read as follows:

§ 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

§ 172.302 with the identification

number specified for the material in the

§ 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 § 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 § 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 § 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:

§ 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 § 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.

* * * * *

§ 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 § 173.24b, paragraph (a)(3)

would be removed and paragraph (a)(1)

would be revised to read as follows:

§ 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),
65500 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

multi-unit tank car tank, or any

compartment thereof, at the following

reference temperatures—

(i) 46°C (115°F) for noninsulated

tanks;

(ii) 43°C (110°F) for tank cars having

a thermal protection system,

incorporating a metal jacket, that

provides an overall thermal

conductance at 15.5°C (60°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°C (105°F) for insulated tanks.

* * * * *

§ 173.29 [Amended]

14. In § 173.29, paragraph (f) would be

removed and reserved.

15. In § 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:

§ 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°C (450°F).

The use of sealants to install gaskets is

prohibited.

* * * * *

§ 173.314 [Amended]

16. In addition, in § 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:

§ 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.

§ 174.8 [Removed]

20. Section 174.8 would be removed.

21. Section 174.9 would be revised to

read as follows:

§ 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.

§ 174.10 [Removed]

22. Section 174.10 would be removed.

§ 174.11 [Removed]

23. Section 174.11 would be removed.

§ 174.18 [Removed]

24. Section 174.18 would be removed.

25. Section 174.24 would be revised

to read as follows:

§ 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 § 172.204 of this subchapter.

§ 174.25 [Removed]

26. Section 174.25 would be removed.

27. In § 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:

§ 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.

§ 174.45 [Removed]

28. Section 174.45 would be removed.

§§ 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:

§ 174.50 Leaking packages.

Leaking packages other than tank cars

may not be forwarded until repaired,

reconditioned, or overpacked in

accordance with § 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:

§ 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 § 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).

§ 174.67 [Amended]

32. In § 174.67, in paragraph (k), the

wording ‘‘, except that heater coil inlet

and outlet pipes must be left open for

drainage’’ would be removed.

§ 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:

§ 174.85 Position in train of placarded

cars, transport vehicles, freight containers,

and bulk packagings.

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

§ 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.

§§ 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:

§ 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 °C (115 °F) for noninsulated tanks,

41 °C (105 °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-todischarge pressure.

(4) The valve flow rating pressure

must be 110 percent of the start-todischarge 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 ± 3 psi for valves

with a start-to-discharge pressure of 6.89

Bar (100 psig) or less and ± 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-todischarge 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-todischarge 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 § 179.100–7, the table following

paragraph (a) would be revised to read

as follows:

§ 179.100–7 Materials.

(a) * * *

Specifications

Minimum

tensile

strength

(p.s.i.)

welded

condition 1

Minimum

elongation in

2 inches

(percent)

welded

condition

(longitudinal)

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.

* * * * *

§ 179.100–7 [Amended]

40. In addition, in § 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
65502 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

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’’.

§ 179.100–10 [Amended]

41. In § 179.100–10, in paragraph (c),

the wording ‘‘ASTM A240–70’’ would

be revised to read ‘‘ASTM A 240’’.

§ 179.100–15 [Removed and reserved]

42. Section 179.100–15 would be

removed and reserved.

§ 179.100–20 [Amended]

43. In § 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:

§ 179.101–1 Individual specification

requirements.

In addition to § 179.100, the

individual specification requirements

are as follows:

DOT specification Insulation

Bursting

pressure

(psi)

Minimum

plate thickness

(inches)

Test pressure (psi)

Manway

cover

thickness

Bottom outlet Bottom

washout

Reference

(179.***)

105A100ALW .................. Yes .................. 500 5⁄8 100 2 21⁄2 No ............... No ............... ....................

105A200ALW .................. Yes .................. 500 5⁄8 200 2 21⁄2 No ............... No ............... ....................

105A300ALW .................. Yes .................. 750 5⁄8 300 2 25⁄8 No ............... No ............... ....................

105A100W ....................... Yes .................. 500 3 9⁄16 100 21⁄4 No ............... No ............... ....................

105A200W ....................... Yes .................. 500 3 9⁄16 200 21⁄4 No ............... No ............... ....................

105A300W ....................... Yes .................. 750 1 11⁄16 300 7 21⁄4 No ............... No ............... ....................

105A400W ....................... Yes .................. 1,000 1 11⁄16 400 7 21⁄4 No ............... No ............... ....................

105A500W ....................... Yes .................. 1,250 1 11⁄16 500 21⁄4 No ............... No ............... 102–1,

102–2

105A600W ....................... Yes .................. 1,500 1 11⁄16 600 21⁄4 No ............... No ............... 102–4,

102–17

109A100ALW .................. Optional ........... 500 5⁄8 100 2 21⁄2 No ............... Optional ....... ....................

109A200ALW .................. Optional ........... 500 5⁄8 200 2 21⁄2 No ............... Optional ....... ....................

109A300ALW .................. Optional ........... 750 5⁄8 300 2 25⁄8 No ............... Optional ....... ....................

109A300W ....................... Optional ........... 500 1 11⁄16 300 21⁄4 No ............... Optional ....... ....................

112A200W ....................... Optional4 ......... 500 3, 5 9⁄16 200 21⁄4 No ............... No ............... ....................

112A340W ....................... Optional4 ......... 850 1 11⁄16 340 21⁄4 No ............... No ............... ....................

112A400W ....................... Optional4 ......... 1,000 1 11⁄16 400 21⁄4 No ............... No ............... ....................

112A500W ....................... Optional4 ......... 1,250 1 11⁄16 500 21⁄4 No ............... No ............... ....................

114A340W ....................... Optional4 ......... 850 1 11⁄16 340 ( 6 ) Optional ....... Optional ....... 103

114A400W ....................... Optional4 ......... 1,000 1 11⁄16 400 ( 6 ) Optional ....... Optional ....... 103

120A200ALW .................. Yes .................. 500 5⁄8 200 2 21⁄2 Optional ....... Optional ....... 103

120A100W ....................... Yes .................. 500 3 9⁄16 100 21⁄4 Optional ....... Optional ....... 103

120A200W ....................... Yes .................. 500 3 9⁄16 200 21⁄4 Optional ....... Optional ....... 103

120A300W ....................... Yes .................. 750 1 11⁄16 300 21⁄4 Optional ....... Optional ....... 103

120A400W ....................... Yes .................. 1,000 1 11⁄16 400 21⁄4 Optional ....... Optional ....... 103

120A500W ....................... Yes .................. 1,250 1 11⁄16 500 21⁄4 Optional ....... Optional ....... 103

1When 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. 2When approved material other than aluminum alloys are used, the thickness shall be not less than 21⁄4 inches. 3When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than 1⁄2 inch. 4Tank 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. 5For inside diameter of 87 inches or less, the thickness of plates shall be not less than 1⁄2 inch. 6See AAR specifications for tank cars, Appendix E, E4.01 and § 179.103–2. 7When the use of nickel is required by the lading, the thickness shall not be less than two inches.

§ 179.102–1 [Amended]

45. In § 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’’.

§ 179.102–2 [Amended]

46. In § 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’’.

§ 179.102–4 [Amended]

47. In § 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 § 179.103–5, in paragraph (a)(3),

the word ‘‘valve’’ would be removed,

and paragraph (b)(2) would be revised to

read as follows:

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

§ 179.200–7 Materials.

* * * * *

(b) * * *

Specifications

Minimum

tensile

strength

(p.s.i.)

welded

condition1

Minimum

elongation in

2 inches

(percent)

weld

metal

(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.

* * * * *

§ 179.200–7 [Amended]

50. In addition, in § 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–

692’’ would be revised to read ‘‘1622’’.

f. In the table following paragraph (f),

in the first column, the wording ‘‘302–

69a’’ would be revised to read ‘‘302’’.

51. In § 179.200–14, the first sentence

of paragraph (a) and the first sentence of

paragraph (b) would be revised to read

as follows:

§ 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 § 179.200–16, the first sentence

in paragraph (d) would be revised to

read as follows:

§ 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. * * *

* * * * *

§ 179.200–18 [Removed]

53. Section 179.200–18 would be

removed.

§ 179.200–24 [Amended]

54. In § 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:

§ 179.201–1 Individual specification

requirements.

In addition to § 179.200, the

individual specification requirements

are as follows:

DOT Specification 1 Insulation

Bursting

pressure

(psi)

Minimum

plate thickness

(inches)

Test

pressure

(psi)

Bottom outlet Bottom

washout

References

(179.201–***)

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).
65504 Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / Proposed Rules

DOT Specification 1 Insulation

Bursting

pressure

(psi)

Minimum

plate thickness

(inches)

Test

pressure

(psi)

Bottom outlet Bottom

washout

References

(179.201–***)

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).

1Tanks 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 § 179.201–3.

§ 179.201–4 [Amended]

56. In § 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’’.

§ 179.201–5 [Amended]

57. In § 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.

§ 179.201–7 [Removed]

58. Section 179.201–7 would be

removed.

§ 179.220–19 [Removed]

59. Section 179.220–19 would be

removed.

60. Section 179.221–1 would be

revised as follows:

§ 179.221–1 Individual specification

requirements.

In addition to § 179.220, the

individual specification requirements

are as follows:

DOT Specification 1 Insulation

Bursting

pressure

(psi)

Minimum

plate thickness

(inches)

Test

pressure

(psi)

Bottom outlet Bottom

washout

Reference

(179.221–***)

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.

1Tanks 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.

§ 179.222 [Removed]

61. Section 179.222 would be

removed.

§ 179.222–1 [Removed]

62. Section 179.222–1 would be

removed.

§ 179.300–7 [Amended]

63. In § 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’’.

§ 179.500–17 [Amended]

64. In § 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