28666 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 171, 172, 173, 174, 178,

and 179

[Docket No. HM–216; Amdt Nos. 171–144,

172–148, 173–252, 174–83, 178–115, 179–52]

RIN 2137–AC66

Transportation of Hazardous Materials

by Rail; Miscellaneous Amendments

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule amends the

Department’s Hazardous Materials

Regulations (HMR) to incorporate 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: Effective date: The effective date

of these amendments is October 1, 1996.

Compliance date: Voluntary

compliance with the regulations, as

amended herein, is authorized June 30,

1996.

Incorporation by reference: The

incorporation by reference of certain

publications listed in these amendments

has been approved by the Director of the

Federal Register as of October 1, 1996.

FOR FURTHER INFORMATION CONTACT: Beth

Romo, telephone (202) 366–8553, 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:

I. Background

On December 19, 1995, RSPA issued

a notice of proposed rulemaking

(NPRM) under Docket HM–216 [60 FR

65492]. The NPRM proposed

miscellaneous changes to rail

requirements contained in the HMR,

based on petitions for rulemaking

submitted in accordance with 49 CFR

106.31 or agency initiative.

RSPA received 22 comments in

response to the proposed rule.

Comments were submitted by chemical

manufacturing companies, trade

associations, emergency response

organizations, and rail carriers.

Commenters were uniformly supportive

of RSPA’s and FRA’s efforts to respond

to petitions for rulemaking and to

reduce regulatory burdens by

simplifying or updating existing

regulations. Several commenters

suggested other amendments to the

HMR as part of this initiative. These

suggestions are incorporated into this

final rule where possible, but many are

beyond the scope of the rule and should

be proposed in a future rulemaking

action to ensure adequate opportunity

for public notice and comment.

This rule 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 changes in this

document reflect the results of this

review.

II. Summary of Regulatory Changes by

Section

Listed below is a section-by-section

summary of changes and, where

applicable, the assigned petition

number.

Part 171

Section 171.7

Various American Society for Testing

and Materials (ASTM) standards are

updated to reflect the most current

version. Other ASTM standards that no

longer would be referenced in revised

§ 179.12 are removed. In the NPRM,

RSPA did not propose any changes to

ASTM A 285 and proposed an update

to ASTM A 515; however, because these

standards are no longer applicable, they

are removed in this final rule.

Part 172

Section 172.101; The Hazardous

Materials Table

Several entries in the Hazardous

Materials Table are revised as proposed.

For the entry ‘‘Dimethylhydrazine,

unsymmetrical’’, assigned Special

Provisions B74 and B79, Special

Provision B79 is removed. 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

is 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.

Sections 172.101 (The Hazardous

Materials Table) and 172.330

In the Hazardous Materials Table,

RSPA proposed to revise 29 entries 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. As part of the proposal to

provide relief from this marking

requirement, RSPA proposed to

consolidate marking requirements

currently contained in § 172.102 special

provisions and in Parts 173 and 179 into

§ 172.330 and limit its applicability to

certain materials which pose very high

risks in transportation. RSPA proposed

in the NPRM that the requirement to

mark the proper shipping name or

common name of a hazardous material

on a tank car be limited to: Division 2.1

and 2.3 materials; Division 2.2 materials

in Class DOT 107 tank cars; 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. A majority of commenters

supported this proposal, but several

suggested that other commodities

should be considered for inclusion in

the proposed list of commodities

requiring marking. Two emergency

response organizations, the

International Association of Fire

Fighters (IAFF) and the International

Association of Fire Chiefs (IAFC),

strongly opposed elimination of the

marking requirement. The IAFF claimed

that fewer cars would have information

providing instant confirmation of the

contents, thereby delaying rescue

actions while shipping papers are

researched. The IAFC agreed, stating

that the inability to promptly identify

contents of a car involved in an incident

or accident would increase the hazard to

fire and emergency service responders.

Very little cost or effort is involved to

stencil the product or proper shipping

name on the car, the IAFC added. One

chemical manufacturer questioned the

safety rationale of removing this

requirement and stated that use of a

proper shipping name is preferable for

loaders/unloaders, repair and cleaning
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28667

facility personnel, and emergency

responders, rather than depending only

on the four-digit identification number.

Based on views expressed by emergency

response organizations and after careful

consideration of all comments on this

issue, RSPA and FRA have decided to

retain the requirement for marking tank

cars with the proper shipping name for

all commodities currently assigned B12,

but to move these requirements to

§ 172.330. Accordingly, this rule

provides a list of these commodities in

§ 172.330(a)(1). RSPA and FRA believe

that a future revision of this list may be

warranted because certain high hazard

materials currently are not subject to

this marking requirement, while other

hazardous materials posing less risk

appear on the list. Interested readers are

invited to submit suggestions as to what

proper shipping names should be

removed, retained or added to the list.

Section 172.102

Special Provisions B4 and B10 are

revised as proposed 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 is revised as

proposed to authorize use of tank cars,

constructed from other than aluminum

plate, for ammonium nitrate fertilizer.

Special Provision B12 is removed, as

discussed above.

Changes to Special Provisions B42,

B65, B71, B72, B74, and B76 are

adopted as proposed. These provisions

are revised 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 are

revised to authorize the optional

marking of the tank to a lower pressure

specification. All but one commenter

addressing this issue supported the

proposed change. Commenters agreed

that the proposed option allows

flexibility for safety valve settings for

certain classes of pressure cars and

allows the originally designed tank

pressure to also remain marked on the

car. One commenter believed that

confusion would arise if there is an

option to mark the tank with either the

tank test pressure rating or a lower

pressure rating, required to coincide

with the pressure relief device start-todischarge pressure. RSPA and FRA do

not believe that either the current

requirement or the new option will

cause confusion. The option adopted in

this final rule simply removes the

mandatory link between marked test

pressure and the safety valve start-todischarge settings.

RSPA is removing 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 revision of

§ 172.330(a)(1). Based on a comment,

RSPA is revising Special Provision B57

to specify a safety vent with a minimum

diameter of 305 mm (12 inches) with a

rupture disc pressure of not more than

45 psi. RSPA also is revising the first

sentence of Special Provision B78 to

specify the test pressure and to clarify

which rail cars are authorized.

As pointed out by a commenter, RSPA

proposed the addition of a new class

DOT 120A, but overlooked the need to

add corresponding special provisions.

Therefore, authorizations for use of

Class DOT 120A tank car tanks are

added to Special Provisions B71, B74,

B76, and B78.

Section 172.203

Currently, rail carrier shipping paper

requirements are contained in both Parts

172 and 174. In this final rule, RSPA is

moving the shipping paper

requirements in Part 174 to Part 172.

Commenters supported the

consolidation of shipping paper

requirements in Part 172. Paragraph

(e)(2) is revised as proposed to replace

references with a specific requirement

to precede the basic shipping

description with the wording

‘‘RESIDUE, LAST CONTAINED.’’

Paragraph (g)(1) also is revised to adopt

a requirement to identify a rail car,

freight container, transport vehicle, or

portable tank that contains a hazardous

material by reporting mark and number.

Several commenters requested that

RSPA clarify in the final rule that

annotating a reporting mark and number

on a shipping paper applies only to

those shipments which are assigned

reporting marks. RSPA agrees and is

limiting this requirement to those rail

cars, transport vehicles, freight

containers and portable tanks displaying

a reporting mark.

Section 172.205

This section is revised as proposed.

RSPA received unanimous support for

its proposal to 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) is revised to clarify

marking requirements for tank cars. See

preamble discussion under §§ 172.101

and 172.330.

Section 172.510

Paragraph (a) is revised to require the

placement of each placard on a white

square background on each class DOT

113 tank car used to transport a Division

2.1 (flammable gas) material. This

change will enhance compliance with

switching requirements for rail cars by

communicating to railroad switching

crews, 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. (See

§ 174.83(b).) Commenters generally

supported this proposed change;

however, one rail carrier opposed it,

claiming that such placards require

special attention and imposing the

requirement on class DOT 113 tank cars

containing flammable gas would dilute

the meaning of the square white

background and be more confusing than

helpful. RSPA does not agree and

believes a white square background will

more effectively communicate to rail

crews the presence of flammable gases,

such as liquid hydrogen.

Several commenters pointed out an

unintended change in wording which

would broaden the requirement for a

placard with a square white background

to all Hazard Zone A materials,

including those in a class or division

other than Division 2.3 or Division 6.1.

RSPA is revising the proposed wording

to limit the requirement for a placard on

a square white background to Hazard

Zone A materials in Divisions 2.3 and

6.1. However, after reviewing these

comments, RSPA believes this

requirement should be broadened to

apply to all Hazard Zone A materials

(with corresponding changes in

§ 174.83) and may propose such a

change in a future rulemaking action.

Sections 172.510 and 172.526

The NPRM proposed the removal of

provisions for the specifications for and

use of RESIDUE placards. The majority

of commenters to this issue supported

RSPA’s and FRA’s proposal to eliminate

these requirements. These commenters

cited standardization among all

transportation modes, enhanced

regulatory understanding and

compliance, and harmonization with

NAFTA and international regulations.

One chemical manufacturer noted that

its emergency response personnel were

not aware of any incident where the

RESIDUE placard has made a difference

in the outcome of the incident. This

commenter maintained that eliminating

this placard would result in

considerable savings to the company.
28668 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

Several other commenters, including the

Chemical Manufacturers Association,

believed that the determination of what

constitutes ‘‘residue’’ is arbitrary and

stated that some residue tank cars could

have a significant amount of product

remaining in the tank. One rail carrier

indicated that a common deficiency is

the failure of an offeror to completely

reverse all placards applied to a tank

car. Thus, loaded tank cars will often

have a RESIDUE placard as one of the

four placards displayed, or conversely,

residue tank cars will still have the

original loaded placard in one of the

holders.

Only four commenters—the IAFC,

two chemical manufacturers and a

government safety inspector—opposed

removing the requirement for the use of

a RESIDUE placard. The IAFC believed

the information is crucial to fire and

emergency responders because it

communicates whether a tank car is full

or just has residue left in the tank. The

IAFC claimed the 22,000 occasions cited

in the NPRM were due to poor

compliance and inadequate

enforcement. The commenter further

stated that eliminating the RESIDUE

placard may significantly increase the

hazard or risk to fire or emergency

response personnel. Not knowing the

amount of product in a car will force

responders to treat all tank cars as if

they were full, which may result in

unnecessary and potentially expensive

actions.

RSPA and FRA disagree with the

opinion expressed by IAFC that the

22,000 occasions cited in the NPRM

were due both to poor compliance and

inadequate enforcement since they were

discovered as a result of FRA’s

enforcement efforts. As noted by one

commenter, RSPA and FRA are aware of

many ‘‘residue’’ tank cars which have

remaining product that may contain as

much as 1,000 gallons or more of

hazardous material. Moreover, FRA has

discovered that some shipments of

liquefied compressed gases in pressure

tank cars that are unloaded through

equalization of pressure retain as much

as one-third of the original load. In a

fire, a partially-filled tank car can

rupture as violently as a full tank car,

thereby presenting a similar hazard to

emergency responders. In fact, a

partially-filled tank car exposed to fire

in some circumstances may rupture in

less time than a full tank car, because a

partially-filled tank car has less thermal

mass. Clearly, a residue placard may

lead to a false sense of security. Further,

RSPA and FRA believe that the primary

purpose of placards is to convey the

presence of a hazardous material, a

‘‘trigger’’ to emergency response

personnel that more needs to be known

about the contents of bulk packages of

hazardous materials before entering a

potential danger zone. By obtaining a

copy of the shipping papers or freight

car movement documents, emergency

response personnel will gain basic

information on the hazards present and

the shipper’s emergency response

telephone number, resulting in better

informed decisions about any

precautions or evacuation measures

needed to secure the incident site. One

chemical manufacturer expressed

concern that the removal of the residue

placard will mandate the use of

permanent pressure-sensitive placards

to general service rail tank cars and,

where the commodities change

frequently, increase the possibility of

misidentification of the commodity

being transported. Nothing in the

proposed rule would require the use of

pressure-sensitive placards. Shippers

and carriers may continue to use ‘‘tag

board’’ placards placed within placard

holders. Based on consideration of all

comments received, RSPA is removing

all provisions applying to the

specifications for and use of RESIDUE

placards.

Part 173

Section 173.24b

Commenters uniformly supported this

proposal to add a mid-range

temperature for calculating outage and

filling limits for certain thermally

protected and jacketed tank cars. This

proposal was based on a petition for

rulemaking submitted by the Propane

Gas Association of Canada [P–1251] in

cooperation with Transport Canada.

Paragraph (a) of the proposed rule

included provisions for anhydrous

ammonia currently contained in Note 2

following the § 173.314(c) table. In this

final rule, RSPA is adopting a mid-range

temperature calculation for anhydrous

ammonia by revising Note 2 of the

§ 173.314(c) table.

Section 173.29

Paragraph (f) is removed, consistent

with the removal of § 172.510(c).

Sections 173.240 through 173.244

RSPA is adding an authorization for

the use of Class 120A tank car tanks in

each of these sections.

Section 173.314

Paragraph (b)(5), which contains

provisions for marking the proper

shipping name of certain Class 2

materials on tank cars, is removed

because these provisions also appear in

§ 172.330. Paragraph (b)(6) is

redesignated (b)(5) and amended to

revise requirements for heat-resistant

gaskets. Commenters expressed concern

as to the difficulty of obtaining suitable

heat-resistant materials because of the

scarcity of materials (other than

asbestos) that are capable of

withstanding temperatures of 230°C that

are also compatible with the lading.

Besides temperature and compatibility,

the selection of a proper gasket must

include consideration of many factors,

such as the mating of the gasket to its

seating surfaces, fluid media, operating

pressure, flange design, bolting data,

and size. RSPA and FRA agree with

those comments that, because of

numerous factors involved, criteria for

the selection of a suitable gasket

material is too technically complex for

resolution at this time. Therefore, this

final rule does not define a minimum

temperature for heat-resistant gaskets,

but identifies criteria which a shipper

must consider in selecting a proper

gasket. In addition, in analyzing

comments to this section, RSPA and

FRA discovered that when this

provision was moved from § 179.102–

3(a)(3) to § 173.314 under changes

adopted in Docket HM–181, certain

words were inadvertently removed.

RSPA is restoring this wording to refer

to ‘‘gaskets for manway cover plates.’’

In the paragraph (c) table, several

entries are amended to add an

authorization for use of a Class DOT

120A tank car tank.

RSPA also is authorizing Class DOT

112J and 112T specification tank cars

for the transportation of dimethyl ether,

as proposed. Currently, only the use of

a DOT 105A300W tank car is

authorized. This is based on an

exemption issued to Aeropres

Corporation (DOT–E 11000) and a

petition for rulemaking [P–1253].

RSPA also is revising Note 2 in

paragraph (c) of the table. This note is

assigned to the entry ‘‘Ammonia,

anhydrous or ammonia solutions >50

percent ammonia’’ and the revision will

allow shippers to calculate outage and

filling limits for tank cars based on

corresponding changes adopted in

§ 173.24b.

In addition, RSPA is removing

paragraph (i), which currently provides

alternate settings for safety relief valves

on tank car tanks used for certain

commodities, because pressure relief

device requirements are being

consolidated in § 179.15.

Part 174

Section 174.3

This section prohibits a shipment of

a hazardous material not prepared in

accordance with Parts 171, 172, and 173
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28669

from being offered for transportation or

transported by rail. The section is

revised as proposed to be consistent

with language contained in Parts 175,

176 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

are 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 are

removed. Section 174.9 requires a

railroad to inspect each rail car for

compliance with the HMR and other

conditions that may make the car unsafe

for transportation.

The final rule further clarifies that a

railroad employee may perform

inspections at ‘‘ground level.’’ One

commenter, a chemical manufacturer,

opposed this proposed change because

inspections would be limited to leaks

detectable at ground level. Another

commenter representing a chemical

manufacturing company recognized the

practicality of ground level inspections,

and believed that shippers and carriers

must work together to ensure proper

securement and compliance with hazard

communication standards. A

commenter supporting this revision

noted that requirements for above

ground inspections raise substantial

safety concerns, are extremely

burdensome, and significantly impair

efficiency. RSPA and FRA believe that

ground level inspections provide an

adequate level of safety and this

provision is adopted with an editorial

revision to clarify provisions for train

crew inspection.

Section 174.11

Section 174.11 is removed as

proposed because it merely references

§ 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 is removed as

proposed.

Section 174.24

Shipping paper requirements for rail

carriers in Part 174 are moved to Part

172. Revised § 174.24 cross-references

shipping paper requirements in Part

172. One commenter expressed concern

that the proposed wording of this

section would allow origin carriers to

accept hazardous materials without first

receiving shipping papers. The

commenter believed that documentation

shows the offer and acceptance

affiliation between shipper and carrier

and proves that a shipper offered

hazardous material for transportation

prior to acceptance by a carrier. RSPA

agrees that the wording in this section

should be revised to clarify that a carrier

may not accept or transport a hazardous

material by rail unless the carrier

receives a properly prepared shipping

document from the shipper.

Numerous commenters urged RSPA to

address electronic transmission of a

shipper certification. Commenters

claimed that adopting a provision in

§ 172.204 to recognize electronic data

interchange (EDI) or other electronic

transmission of shipping paper

certifications could eliminate the need

for an existing exemption, DOT–E–7616.

RSPA and FRA agree with commenters

that this issue should be addressed, but

believe that adopting new certification

provisions for electronic transmissions

is beyond the scope of this final rule.

Section 174.25

RSPA is removing the ‘‘placard

notation’’ requirement since it is

outdated for emergency response

communication. RSPA also is removing

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.

Commenters supporting these proposals

cited improved hazard communication

requirements and technological

advancements as reasons to eliminate

these outdated provisions. The only

commenter to oppose these proposals,

IAFF, claimed that a placard notation

‘‘allows the company officer to instantly

make an initial diagnosis regarding a

‘go/no go’ decision for imminent

rescue’’ and ‘‘* * * offers a point of

quick confirmation of the basic hazard.’’

IAFF further noted that ‘‘* * *

removing the placard endorsement

cripples the ability of the incident

commander to make quick and correct

decisions when life safety is at stake.’’

RSPA and FRA disagree with IAFF.

Hazard communication requirements in

the HMR (e.g., proper shipping name,

hazard class, identification number,

packing group and emergency response

information) are the principal tools that

emergency response personnel should

use to assess the emergency. Because

the current placard notation is repetitive

of other hazard communication

requirements and generally restates the

hazard class of the material, it is

considered unnecessary for making a

‘‘go/no go’’ decision. Removing this

requirement also makes requirements

for railroad transportation consistent

with other modes. Accordingly, this

final rule removes requirements for the

placard notation and endorsement.

Other shipping paper requirements in

this section, including those for tank

cars containing the residue of a

hazardous material, are removed or

moved to Part 172.

Section 174.26

Amendments to this section are

adopted as proposed. Paragraph (a) is

removed because, if a carrier complies

with paragraph (b), the carrier also is

complying with paragraph (a).

Paragraphs (b) and (c) are redesignated

paragraphs (a) and (b), respectively.

Newly designated paragraph (b) is

revised to reference shipping paper

requirements of Part 172 and specify use

of other forms of car movement

documents.

Sections 174.47 and 174.48

As proposed, the provisions in these

sections are consolidated into revised

§ 174.50 to prescribe requirements for

forwarding shipments in violation of the

HMR and damaged or leaking packages.

Section 174.49

This section is removed as proposed

because open-flame lanterns are no

longer used.

Section 174.50

This section is revised by

consolidating requirements of §§ 174.47,

174.48, and 174.50 and by removing all

obsolete provisions. As proposed,

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.

RSPA and FRA have recently learned

that at least one business entity has

interpreted existing § 174.47(b) to

permit the ongoing movement of

noncomplying tank cars once their ‘‘inviolation’’ status was reported. Neither

FRA nor RSPA agree with this

interpretation. Both agencies believe

that the HMR have, even before these

amendments, clearly prohibited such

movement. FRA has consistently taken

enforcement action against the

movement of tank cars that are in

violation of the HMR. The amendment

removes any doubt that the old language

might have created on the part of one

shipper, and provides a method for

relief where repairs cannot be made

without further movement. For instance,
28670 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

a tank car found en route with missing

placards or markings is typically

‘‘repaired’’ by corrective action on the

spot. In more serious situations, it may

not be possible to conduct an on-site

repair, such as repair of a tank car with

its thermal protection system torn or

abraded so that it no longer meets a

specification. A tank car in this

condition may only be moved under the

authority of an exemption.

Commenters generally believed the

proposed changes will promote safety,

simplify the process, and enable the

shipper or carrier to take quicker action.

Several commenters recommended that

the proposed section be modified to

authorize use of a telephone, fax, or

electronic mail for notification and FRA

approval, with written confirmation to

be provided within a specified number

of days. RSPA and FRA agree with this

recommendation and are revising the

section accordingly.

The Iowa Department of

Transportation asked RSPA to expand

the proposed provision which would

allow a leaking tank car to be switched

to ‘‘a location distant from habitation

and highways’’ to include ‘‘streams’’

and ‘‘pipelines within the railroad rights

of way.’’ The Iowa DOT cited a National

Transportation Safety Board report on

activities within railroad rights of way

that may disturb pipelines. This

commenter expressed concern that

corrosives or other chemicals could

pose either an immediate risk or a longterm effect on pipelines that would not

be readily apparent, with corresponding

potential effects on water quality and

the environment. RSPA and FRA agree

in principle with the commenter, and

this final rule is broadened, not just to

include streams or pipelines within

railroad rights of way, but to authorize

limited movement of a leaking tank car

to reduce or eliminate any immediate

risk to human health or the

environment.

Section 174.55

Proposed changes to this section were

intended to clarify and streamline

requirements for loading and securing

packages of hazardous materials. Of the

22 comments submitted in response to

the NPRM, only three commenters

suggested changes to the proposed

revision of this section. One commenter

noted that lading securement

requirements should apply to both

‘‘transport vehicles’’ (as stated in the

NPRM) and ‘‘freight containers’’ (as

provided in the current regulations).

RSPA agrees, and the final rule reflects

this change.

The NPRM contained a proposal to

streamline requirements by eliminating

the need to seek DOT approval for

lading restraint systems that permit

‘‘limited movement.’’ RSPA and FRA

believe it is not the slight movement of

hazardous materials packages that

creates a safety hazard, but their

unsecured movement.

All three commenters believed the

proposed requirement that lading ‘‘be

secured’’ was too vague; two favored a

return to the term ‘‘blocked and braced’’

and the other suggested requiring

‘‘lading restraint systems.’’ While RSPA

and FRA do not agree that the proposal

was too vague, RSPA is replacing the

word ‘‘secured’’ in proposed § 174.55(a)

with language requiring that a package

containing a hazardous material must be

loaded in the transport vehicle or freight

container so that it cannot fall and must

be safeguarded in such a manner that

other freight cannot fall onto or slide

into it. This is a performance standard

which acknowledges that all packages

in a vehicle or container may move to

a limited degree during transportation

without adversely affecting their

structural and containment integrity.

The performance standard adopted in

this final rule provides rail shippers and

carriers maximum flexibility in meeting

regulatory requirements and is

consistent with requirements for other

modes of transportation. At times,

damage-free transportation can be

achieved by loading packages so tightly

within a vehicle or freight container that

each package is protected by those

around it and the total load does not

exceed the design strength of the walls

or doors. For such loads, no additional

equipment or material is necessary.

With other load configurations, material

in addition to the packages is necessary

to create a tight load.

In response to concerns expressed by

commenters, this final rule explicitly

mandates blocking and bracing (i.e., a

lading restraint system), when the

required protection cannot be achieved

through use of other freight.

Section 174.67

The shipping community uses interior

heater coils to improve the ability of a

solid or viscous product to flow and

thereby reduce tank car unloading

times. The interior coils consist of a

series of longitudinally arranged and

manifolded welded pipe so that one to

four inlet and outlet pipe connections

allow circulation of a heating medium,

usually steam or hot oil, throughout the

entire system. The current regulations

require that, after a tank equipped with

interior heater coils is unloaded, the

inlet and outlet pipe connections must

be left open for drainage and to prevent

the potential collapse of the coils from

the vacuum otherwise created from

condensing vapors. This requirement

applies whether or not the coils were

actually used to heat the commodity

from the tank.

Comments on this issue were split

between supporters and those who

opposed removal of the requirements.

Several commenters thought that if

steam were used, drainage of the

condensate would inhibit corrosion.

RSPA and FRA believe it unlikely that

keeping the inlet and outlet pipe caps

off will actually inhibit corrosion of the

coils because heater coils become bent

and often water remains trapped in pipe

valleys. Further, because interior heater

coils may exceed 700 feet in length

there is inadequate air flow within the

coils to dry them completely. In FRA’s

experience, the single most common

failure of interior heater coils is not

corrosion or collapse but failure of coil

anchors. When the anchor fails, the

coils move, creating stresses. Fatigue

cracks may occur in these high stress

areas and create the potential for a

hazardous material release, RSPA has,

within the last two years, issued 29

exemptions allowing the transportation

of tank cars containing the residue of a

hazardous material with the heater coil

pipe caps on the heater coil pipes.

After considering the comments

received, RSPA and FRA conclude that

coil failures are usually the result of

poor maintenance or operational

practices, both of which should be

reviewed by the industry. This final rule

makes optional the current requirement

that the inlet and outlet pipe

connections must remain open.

Section 174.85

Corresponding changes in §§ 172.510

and 172.526 remove provisions for a

RESIDUE placard. Two commenters

noted that proposed paragraph (c)

referenced ‘‘rail car’’ rather than ‘‘tank

car’’, which would expand current

provisions. RSPA agrees and is revising

paragraph (c) to reference a tank car

containing a residue of a hazardous

material.

Part 178

Section 178.337–2

Two ASTM references are updated in

paragraphs (b)(2)(i) and (ii).

Part 179

The following sections are 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.
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28671

Sections 179.12 through 179.12–7

Sections 179.12–1 through 179.12–7

are removed and § 179.12 is 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 final rule removes the

DOT specification requirements and

allows AAR greater flexibility in

approving heater system designs.

Section 179.15

This section is added to consolidate

pressure relief device requirements

currently contained in §§ 173.314,

179.100–15, 179.200–18, 179.201–7 and

179.220–19 and adopt provisions to: (1)

increase the start-to-discharge pressure

of pressure relief devices for certain low

pressure tanks 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 for tank cars with a

setting prescribed by the ASME code for

pressure vessels.

Most commenters endorsed RSPA’s

proposed addition of this section, with

minor editorial clarifications, stating

that this was a worthwhile change in the

regulations that would enhance overall

safety and benefit a number of shippers

and carriers. CMA stated that proposed

provisions in this new section would

allow shippers to establish pressure

relief device settings that are more

directly related to the product

requirements, rather than arbitrarily

relating the settings to the tank test

pressure.

The AAR and the Railway Progress

Institute (RPI) suggested that RSPA

include the ‘‘mid-range’’ temperature

proposed in § 173.24b for the

calculation of outage and filling limits

into pressure relief device setting

requirements. RSPA proposed a midrange temperature of 43°C (110°F) for

certain thermally protected and jacketed

tank cars. RSPA and FRA agree, and a

mid-range temperature requirement is

added in paragraph (b)(1).

Several commenters suggested that

RSPA adopt a range for the burst

pressure, as opposed to a set burst

pressure (e.g., from 20 to 33 percent of

the tank burst pressure for DOT

111A60W tank cars). Other commenters

suggested an extension of the proposed

one-year period because development of

rupture discs that are designed to the

dimensions of the rupture disc holder

may take longer than one year and thus

would not be commercially available.

The commenters claimed that if this

requirement were adopted and made

effective within one year, the current

inventory of rupture discs would

become worthless.

RSPA and FRA believe the need to

increase the burst pressure of a rupture

disc installed in a nonreclosing pressure

relief device is warranted because of the

number of premature rupture disc

failures in transportation which have

resulted in railroad employee injuries.

Of the 5,406 reported hazardous

materials releases by rail from 1990

through 1994, RSPA received reports of

1,716 rupture disc failures (an average

of 343 each year). RSPA also received

418 reports of railroad employee

injuries as a result of a release of

hazardous materials (all sources of

release for an average of 84 each year).

Because rupture disc failures account

for nearly 32 percent of the total number

of releases by rail during this study

period, RSPA and FRA believe that

there will be a considerable decrease in

the number of premature rupture disc

failures as a result of increasing the

burst pressure of the rupture disc.

This final rule adopts a rupture disc

burst pressure of 33 percent of the tank

burst pressure because such pressures

can reduce premature failures in the

transportation system. Rupture discs are

required to be manufactured with a

tolerance of +0 to ¥15 percent of the

burst pressure marked on the rupture

disc. (See A5.02 of the AAR Tank Car

Manual.) In addition, in response to

concerns expressed by commenters,

RSPA is extending the proposed oneyear transition period in paragraph (f) to

October 1, 1998. This extension will

minimize cost impacts in implementing

new designs and will facilitate

depletion of existing inventory of

rupture discs.

One commenter suggested that RSPA

incorporate a requirement for a ‘‘means

of inspection of the disc without

releasing clamping pressure on the

disc,’’ similar to A4.07(d) in the AAR

Specifications for Tank Cars. Many

safety vent devices in use today have

such features, including hinged covers

and screw plugs, for the inspection of a

rupture disc. While these devices are

designed to meet the requirements of

the AAR specifications, RSPA and FRA

believe that in order to fully inspect a

rupture disc, the disc must be removed

from the safety vent device. It is

important that a careful inspection (both

top and bottom of the disc) be

conducted for corrosion and damage

because it has been FRA’s experience

that a rupture disc may appear normal

on the top side, but be severely damaged

or corroded on the bottom side. For

these reasons, RSPA recently amended

the regulations under Docket HM–201 to

require a careful inspection of the

rupture disc. See § 173.31(d)(1)(vi),

effective July 1, 1996 (60 FR 49048,

49073).

In addition, the following editorial

changes are made to provisions

proposed in the NPRM: paragraph (b)(4)

is revised by removing the word

‘‘valve’’; paragraph (e)(2) is revised by

replacing the word ‘‘fail’’ with ‘‘burst’’

and by adding the wording ‘‘at not

greater than’’ before ‘‘95’’; a new

paragraph (e)(3) is added to base the

vapor tight pressure and the start-todischarge tolerance on the discharge

setting of the reclosing pressure relief

device; in paragraph (f), paragraph

‘‘(b)(4)’’ is added after paragraph ‘‘(a)’’;

and paragraph (g) is revised to require

each pressure relief device to

communicate with the vapor space

above the lading as near as practicable

on the longitudinal centerline and

center of the tank.

Sections 179.100–15, 179.200–18,

179.201–7, and 179.220–19

These sections contain provisions for

safety relief devices. Because

requirements for safety relief devices are

consolidated in § 179.15, RSPA is

removing these sections from the HMR.

Sections 179.101–1 and 179.201–1

Individual specification requirements

for pressure tank cars and non-pressure

tank cars are revised. These revisions

correct many typographical errors and

remove several special references that

are no longer applicable. RSPA also is

adding 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. One commenter correctly noted

that if the DOT 120A tank car is

adopted, RSPA should assign packaging

authorizations in Part 173 and

§ 172.102. The commenter also

requested that this car be authorized in

§ 173.314 for ‘‘Division 2.2 not

specifically identified in this table’’.

RSPA agrees and is adding

authorizations for a DOT120A tank car

to appropriate sections. RSPA is

removing 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). An

editorial revision is made to a reference

in the § 179.201–1 table for DOT
28672 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

111A100W4, based on a commenter’s

suggestion.

Section 179.102–4

Paragraph (d), which specifies at least

one pressure relief valve on a tank car

tank used to transport vinyl fluoride,

inhibited, is removed, consistent with

the consolidation of safety relief device

provisions in § 179.15. In addition,

paragraphs (b) and (c) are redesignated

paragraphs (a) and (b), paragraphs (e)

through (k) are redesignated paragraphs

(c) through (i), and reserved paragraph

(l) is removed.

Section 179.103–5

Paragraph (b)(2) is revised as

proposed to adopt requirements for the

attachment of unloading connections for

bottom outlets on pressure tank cars.

This revision reflects existing

requirements for bottom outlets on nonpressure tank cars.

Section 179.200–7

In addition to the revision of the

paragraph (b) table discussed

previously, certain ASTM specifications

are revised to remove references to

outdated publications. The entry for

ASTM B 209–70, Alloy 6061 is

removed, as are footnotes 4 and 5

associated with that entry. Footnote 2

following the paragraph (d) table is

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.

Section 179.200–14

The first sentence of paragraph (a) and

the first sentence of paragraph (b) are

revised to recognize the new outage and

filling limits for tank cars adopted in

Docket HM–181.

Section 179.200–16

RSPA is revising the first sentence in

paragraph (d) to require an outage scale

visible through the manway opening

when using a gauging device. RSPA is

adopting a commenter’s suggested

alternative wording because it clarifies

this provision.

Section 179.200–24

Based on a commenter’s suggestion to

indicate the grade of material for the

entry ‘‘Material’’, the reference to

‘‘ASTM A 285C’’ is revised to read

‘‘ASTM A 516–GR 70’’.

Section 179.201–4

This section is adopted as proposed to

refer to Footnote 2 of § 179.200–7(d)

rather than the AAR Specifications to

specify material requirements for

fittings, tubes, castings, projections, and

closures.

Sections 179.220–7 and 179.300–7

References to ASTM A 515 and ASTM

A 285 are removed from the table

following paragraph (b) in § 179.220–7

and the table following paragraph (a) in

§ 179.300–7, because these

specifications no longer are authorized

for new construction.

Section 179.221–1

RSPA is revising 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 are removed because

identical provisions are contained

elsewhere in the HMR.

III. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT

Regulatory Policies and Procedures

This final 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 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.

B. Executive Order 12612

This final 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:

(1) The designation, description, and

classification of hazardous material;

(2) The packing, repacking, handling,

labeling, marking, and placarding of

hazardous material;

(3) The preparation, execution, and

use of shipping documents pertaining to

hazardous material, and requirements

respecting the number, content, and

placement of such documents;

(4) The written notification,

recording, and reporting of the

unintentional release in transportation

of hazardous material; or

(5) 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.

This final rule preempts 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 has determined that the

effective date of Federal preemption for

these requirements will be October 1,

1996. Thus, RSPA lacks discretion in

this area, and preparation of a

federalism assessment is not warranted.

C. Regulatory Flexibility Act

This final rule responds to petitions

for rulemaking and agency review. It is

intended to provide clarification of the

regulations and relax certain

requirements. Therefore, I certify that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

D. Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995, no person is required to

respond to a collection of information

unless it displays a valid OMB control

number. Information collection

requirements in 49 CFR parts 172 and

174 pertaining to shipping papers are

currently approved under OMB control

number 2137–0051. A requirement to

annotate a reporting mark and number

on shipping documents for certain rail

shipments reflects a current rail carrier

operating requirement and

insignificantly increases the amount of

burden imposed by this collection.

Some provisions adopted in this final

rule, such as elimination of

requirements for placing placard

endorsements and placard notations on

shipping documents, will result in a

minor reduction in the amount of

burden imposed by this collection.

RSPA believes that these changes in

burden are not sufficient to warrant
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28673

revision of the currently approved

information collection.

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.

49 CFR Part 178

Hazardous materials transportation,

Incorporation by reference, Motor

vehicles safety, Packaging and

containers, Reporting and recordkeeping

requirements.

49 CFR Part 179

Hazardous materials transportation,

Incorporation by reference, Railroad

safety, Reporting and recordkeeping

requirements.

In consideration of the foregoing, 49

CFR Chapter I is amended as follows:

PART 171—GENERAL INFORMATION,

REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

2. In the § 171.7(a)(3) Table, under the

entry American Society for Testing and

Materials, 9 entries are removed and 9

new entries are added in alphabetical

order, to read as follows:

§ 171.7 Reference material.

(a) Matter incorporated by reference

* * *

(3) Table of material incorporated by

reference. * * *

Source and name of material 49 CFR reference

* * * * * * *

American Society for Testing and Materials

* * * * * * *

[Remove]

ASTM A 20–81 Standard Specification for General Requirements for Steel Plates for Pressure Vessels, Revision C 178.337; 179.102–17

* * * * * * *

ASTM A 240–82 Standard Specification for Heat-Resisting Chromium and Chromium-Nickel Stainless Steel Plate,

Sheet and Strip for Fusion-Welded Unfired Pressure Vessels, Revision A.

178.57; 178.358; 179.100;

179.200; 179.201;

179.220; 179.400.

* * * * * * *

ASTM A 262–68 Recommended Practices for Detecting Susceptibility to Intergranular Attack in Stainless Steels .... 179.100; 179.200.

* * * * * * *

ASTM A 302–78 Pressure Vessel Plates, Alloy Steel, Manganese-Molybdenum and Manganese-Molybdenum

Nickel.

179.100; 179.200; 179.220.

* * * * * * *

ASTM A 370–77 Standard Methods and Definition for Mechanical Testing of Steel Products ..................................... 179.102–4 and 179.102–17

* * * * * * *

ASTM A 516–79b Standard Specification for Pressure Vessel Plates, Carbon Steel, for Moderate and Lower-Temperature Service.178.337; 179.100; 179.102;

179.200 179.220

ASTM A 537–80 Standard Specification for Pressure Vessel Plates, Heat-Treated, Carbon-Manganese-Silicon

Steel.

179.100; 179.102.

* * * * * * *

ASTM B 162–69 Nickel Plate, Sheet, and Strip ............................................................................................................. 179.200.

ASTM B 209–69 Aluminum Alloy Sheet and Plate ........................................................................................................ 179.100; 179.200; 179.220

* * * * * * *

[Add]

ASTM A 20/A 20M–93a Standard Specification for General Requirements for Steel Plates for Pressure Vessels ..... 178.337–2; 179.102–4;

179.102–17.

* * * * * * *

ASTM A 240/A 240M–94b Standard Specification for Heat-Resisting Chromium and Chromium-Nickel Stainless

Steel Plate, Sheet and Strip for Pressure Vessels.

178.57; 178.358–5;

179.100–7; 179.100–10;

179.102–1; 179.102–4;

179.102–17; 179.200–7;

179.201–5; 179.220–7;

179.400–5.
28674 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

Source and name of material 49 CFR reference

* * * * * * *

ASTM A 262–93a Standard Practices for Detecting Susceptibility to Intergranular Attack in Austenitic Stainless

Steels.

179.100–7; 179.200–7;

179.201–4.

* * * * * * *

ASTM A 302/A 302M–93 Standard Specification for Pressure Vessel Plates, Alloy Steel, Manganese-Molybdenum

and Manganese-Molybdenum Nickel.

179.100–7; 179.200–7;

179.220–7.

* * * * * * *

ASTM A 370–94 Standard Test Methods and Definitions for Mechanical Testing of Steel Products ........................... 179.102–1; 179.102–4;

179.102–17.

* * * * * * *

ASTM A 516/A 516M–90 Standard Specification for Pressure Vessel Plates, Carbon Steel, for Moderate and

Lower- Temperature Service.

178.337–2; 179.100–7;

179.100–20; 179.102–1;

179.102–2; 179.102–4;

179.102–17; 179.200–7;

179.220–7.

ASTM A 537/A 537M–91 Standard Specification for Pressure Vessel Plates, Heat-Treated, Carbon-Manganese-Silicon Steel.179.100–7; 179.102–4;

179.102–17.

* * * * * * *

ASTM B 162–93a Standard Specification for Nickel Plate, Sheet, and Strip ................................................................ 179.200–7.

ASTM B 209–93 Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate ..................................... 179.100–7; 179.200–7;

179.220–7.

* * * * * * *

* * * * *

§ 171.7 [Amended]

3. In addition, § 171.7, in the

paragraph (a)(3) table, the following

changes are made:

a. Under American Society for Testing

and Materials, the following entries are

removed: ASTM A 53–69a, ASTM A

178–70, ASTM A 192–69, ASTM A 269–

69, ASTM A 285–78, ASTM A 312–70a,

ASTM A 515–69, ASTM B 161–70,

ASTM B 210–70, ASTM B 221–76,

ASTM B 241–76.

b. Under Association of American

Railroads, for the entry ‘‘AAR Manual of

Standards and Recommended Practices,

Section I, Specially Equipped Freight

Car and Intermodal Equipment, 1988’’

in Column (2), a reference ‘‘174.55;’’ is

added as the first reference.

c. Under Association of American

Railroads, for the entry ‘‘AAR Manual of

Standards and Recommended Practices,

Section C—Part III, Specifications for

Tank Cars, Specification M–1002,

September 1992’’ in Column (2), a

reference ‘‘179.15;’’ is added in

numerical order.

PART 172—HAZARDOUS MATERIALS

TABLE, SPECIAL PROVISIONS,

HAZARDOUS MATERIALS

COMMUNICATIONS, EMERGENCY

RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

4. The authority citation for Part 172

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 172.101 [Amended]

5. In § 172.101, in the Hazardous

Materials Table, the following changes

are made:

a. For the following entries, in

Column (7), Special Provision ‘‘B12,’’ is

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;
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28675

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 entry ‘‘Calcium carbide’’,

for Packing Groups I and II, in Column

(7), Special Provision ‘‘B59,’’ is added

immediately following ‘‘B55,’’ each

place it appears.

c. For the entries ‘‘Carbon dioxide,

solid or Dry ice’’ and ‘‘Potassium

permanganate’’, in Column (7), Special

Provision ‘‘B12’’ is removed.

d. For the entry ‘‘Dimethylhydrazine,

unsymmetrical’’, in Column (7), Special

Provision ‘‘B79,’’ is removed.

6. In § 172.102, in paragraph (c)(3),

Special Provisions B12 and B79 are

removed and Special Provisions B42,

B57, B65, B71, B72, B74, B76 and the

first sentence of B78 are 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-todischarge 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).

* * * * *

B57 Class 115A tank car tanks used to

transport chloroprene must be equipped

with a safety vent of a diameter not less

than 305 mm (12 inches) with a maximum

rupture disc pressure of 45 psi.

* * * * *

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-todischarge 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, 114 or 120.

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, 114J or 120S.

B76 Tank cars must have a test pressure of

20.68 Bar (300 psig) or greater and conform

to Class 105S, 112J, 114J or 120S. 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, 114

or 120. * * *

* * * * *

§ 172.102 [Amended]

7. In addition, in § 172.102, in

paragraph (c)(3), the following changes

are made:

a. For Special Provision B4, the

wording ‘‘AAR 206 tank car tanks and’’

is removed.

b. For Special Provision B5, the

wording ‘‘DOT 103 ALW, 111A60 ALW

tank car tanks and’’ is removed.

c. For Special Provision B10, the

wording ‘‘AAR 206 tank car tanks,’’ is

removed.

8. In § 172.203, paragraphs (e)(2) and

(g) are 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) A

shipping paper prepared by a rail carrier

for a rail car, freight container, transport

vehicle or portable tank that contains

hazardous materials must include the

reporting mark and number when

displayed on 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.’’.

* * * * *

9. In § 172.205, paragraph (f) is

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;

(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.
28676 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

(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.

* * * * *

10. In § 172.330, paragraph (a)(1) is

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 (including

words such as ‘‘stabilized’’, ‘‘inhibited’’,

‘‘compressed’’, or ‘‘liquefied’’) 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’’):

Acrolein, inhibited

Ammonia, anhydrous, liquefied

Ammonia solutions (more than 50%

ammonia)

Bromine or Bromine solutions

Bromine chloride

Chloroprene, inhibited

Dispersant gas or Refrigerant gas (as defined

in § 173.115 of this subchapter)

Division 2.1 materials

Division 2.2 materials (in Class DOT 107 tank

cars only)

Division 2.3 materials

Formic acid

Hydrocyanic acid, aqueous solutions

Hydrofluoric acid, solution

Hydrogen cyanide, stabilized (less than 3%

water)

Hydrogen fluoride, anhydrous

Hydrogen peroxide, aqueous solutions

(greater than 20% hydrogen peroxide)

Hydrogen peroxide, stabilized

Hydrogen peroxide and peroxyacetic acid

mixtures

Nitric acid (other than red fuming)

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

Phosphorus white, molten

Potassium nitrate and sodium nitrate

mixtures

Potassium permanganate

Sulfur trioxide, inhibited

Sulfur trioxide, uninhibited

* * * * *

11. In § 172.510, paragraph (a) is

revised, paragraphs (b) and (c) are

removed, and paragraphs (d) and (e) are

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 classed in Division 2.3

Hazard Zone A or 6.1 Packing Group I

Hazard Zone A which require POISON

GAS or POISON placards affixed to the

rail car, 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]

12. Section 172.526 is removed and

reserved.

PART 173—SHIPPERS—GENERAL

REQUIREMENTS FOR SHIPMENTS

AND PACKAGINGS

13. The authority citation for Part 173

continues to read as follows:

Authority: 49 U.S.C. 5102–5127; 49 CFR

1.53.

14. In § 173.24b, paragraph (a)(3) is

removed and paragraph (a)(1) is revised

to read as follows:

§ 173.24b Additional general requirements

for bulk packagings.

(a) Outage and filling limits. (1)

Except as otherwise provided in this

subchapter, liquids and liquefied gases

must be so loaded that the outage is at

least five percent for materials

poisonous by inhalation, or at least one

percent for all other materials, of the

total capacity of a cargo tank, portable

tank, tank car (including dome

capacity), multi-unit tank car tank, or

any compartment thereof, at the

following reference temperatures—

(i) 46 °C (115 °F) for a noninsulated

tank;

(ii) 43 °C (110 °F) for a tank car 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 degree Celsius (0.5 Btu

per hour/per square foot/ per degree F)

temperature differential; or

(iii) 41 °C (105 °F) for an insulated

tank.

* * * * *

§ 173.29 [Amended]

15. In § 173.29, paragraph (f) is

removed and reserved.

§ 173.240 [Amended]

16. In § 173.240, in paragraph (a), the

wording ‘‘or 115 tank car tanks;’’ is

revised to read ‘‘115, or 120 tank car

tanks;’’.

§ 173.241 [Amended]

17. In § 173.241, in paragraph (a), the

wording ‘‘or 115 tank car tanks;’’ is

revised to read ‘‘115, or 120 tank car

tanks;’’.

§ 173.242 [Amended]

18. In § 173.242, in paragraph (a), the

wording ‘‘or 115 tank car tanks;’’ is

revised to read ‘‘115, or 120 tank car

tanks;’’.

§ 173.243 [Amended]

19. In § 173.243, in paragraph (a), the

wording ‘‘or 115 fusion-welded tank car

tanks;’’ is revised to read ‘‘115, or 120

fusion-welded tank car tanks;’’.

§ 173.244 [Amended]

20. In § 173.244, in paragraph (a), the

wording ‘‘or 114 fusion-welded tank car

tanks;’’ is revised to read ‘‘114, or 120

fusion-welded tank car tanks;’’.

21. In § 173.314, as amended at 60 FR

49074, effective July 1, 1996, paragraph

(b)(5) is removed, paragraph (b)(6) is

redesignated as paragraph (b)(5) and

revised, Note 2 following the paragraph

(c) table is revised, and paragraph (i) is

removed and reserved, to read as

follows:

§ 173.314 Compressed gases in tank cars

and multi-unit tank cars.

* * * * *

(b) * * *

(5) Each tank car used for the

transportation of anhydrous ammonia or

any material that meets the criteria of

Division 2.1 or 2.3 must have gaskets for

manway cover plates and for mounting
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28677

of fittings designed (for temperature,

application, media, pressure, and size)

to create a positive seal so that, under

conditions normally incident to

transportation, there will not be an

identifiable release of the material to the

environment. The use of sealants to

install gaskets is prohibited.

(c) * * *

Notes:

* * * * *

2. The liquefied gas must be so loaded so

that the outage is at least two percent of the

total capacity of the tank at the reference

temperature of 46 °C (115 °F) for a

noninsulated tank; 43 °C (110 °F) for a tank

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 degree Celsius (0.5 Btu

per hour/per square foot/per degree F)

temperature differential; or 41 °C (105 °F) for

an insulated tank.

* * * * *

§ 173.314 [Amended]

22. In addition, in § 173.314, as

amended at 60 FR 49074, effective July

1, 1996, the following changes are made:

a. In the paragraph (c) table, in

Column 3, the wording ‘‘, 120A’’ is

added in numerical order for the

following entries:

Ammonia, anhydrous, or ammonia

solutions > 50 percent ammonia

Ammonia solutions with > 35 percent

ammonia, but ≤ 50 percent ammonia

by mass

Division 2.1 materials not specifically

provided in this table

Division 2.2 materials not specifically

identified in this table

Division 2.3 Zone B materials not

specifically identified in this table

Division 2.3 Zone C materials not

specifically identified in this table

Division 2.3 Zone D materials not

specifically identified in this table

Ethylamine

b. In the paragraph (c) table, in

Column 3, for the entry ‘‘Dimethyl

ether’’, the class designations ‘‘, 112,

114, 120’’ are added in appropriate

numerical order.

PART 174—CARRIAGE BY RAIL

23. The authority citation for Part 174

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

24. Section 174.3 is 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 conformance with the

requirements of this subchapter.

§ 174.8 [Removed]

25. Section 174.8 is removed.

26. Section 174.9 is 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

inspect each rail car containing the

hazardous material, at ground level, for

required markings, labels, placards,

securement of closures and leakage.

This inspection may be performed in

conjunction with inspections required

under parts 215 and 232 of this title.

§ 174.10 [Removed]

27. Section 174.10 is removed.

§ 174.11 [Removed]

28. Section 174.11 is removed.

§ 174.18 [Removed]

29. Section 174.18 is removed.

30. Section 174.24 is revised to read

as follows:

§ 174.24 Shipping papers.

A carrier may not accept or transport

a hazardous material by rail unless the

carrier receives a shipping paper on

which the hazardous material is

properly described in the manner

prescribed in part 172 of this

subchapter. An originating carrier must

retain a copy of the shipping paper that

bears the shipper’s certification as

required by § 172.204 of this subchapter.

This section does not apply to a material

that is excepted from shipping paper

requirements as specified in § 172.200

of this subchapter.

§ 174.25 [Removed]

31. Section 174.25 is removed.

32. In § 174.26, paragraph (a) is

removed, paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b),

respectively, and newly redesignated

paragraph (b) is 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 a document for the

hazardous material being transported

showing the information required by

part 172 of this subchapter.

§§ 174.47 and 174.48 [Removed]

33. Sections 174.47 and 174.48 are

removed.

§ 174.49 [Removed]

34. Section 174.49 is removed.

35. Section 174.50 is revised to read

as follows:

§ 174.50 Nonconforming or 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 in this section, a tank car that

no longer conforms to this subchapter

may not be forwarded unless repaired or

approved for movement by the

Associate Administrator for Safety,

Federal Railroad Administration.

Notification and approval must be

furnished in writing, or through

telephonic or electronic means with

subsequent written confirmation

provided within two weeks. For the

applicable address and telephone

number, see part 107, subpart B,

Appendix A, of this chapter. A leaking

tank car containing a hazardous material

may be moved without repair or

approval only so far as necessary to

reduce or eliminate an immediate threat

of harm to human health or the

environment when it is determined its

movement would provide greater safety

than allowing the car to remain in place.

In the case of a liquid leak, measures

must be taken to prevent the spread of

the liquid.

36. Section 174.55 is revised to read

as follows:

§ 174.55 General requirements.

(a) Each package containing a

hazardous material being transported by

rail in a freight container or transport

vehicle must be loaded so that it cannot

fall or slide and must be safeguarded in

such a manner that other freight cannot

fall onto or slide into it under

conditions normally incident to

transportation. When this protection

cannot be provided by using other

freight, it must be provided by blocking

and bracing. For examples of blocking

and bracing in freight containers and

transport vehicles, see Bureau of

Explosives Pamphlet Nos. 6 and 6C.

(b) Each package containing a

hazardous material bearing package

orientation markings prescribed in

§ 172.312 of this subchapter must be

loaded within a transport vehicle or

freight container to remain in the correct

position indicated by those markings

during transportation.

(c) The doors of a freight container or

transport vehicle may not be used to

secure a load that includes a package

containing a hazardous material unless

the doors meet the design strength
28678 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

requirements of Specification M–930

(for freight containers) and M–931 (for

trailers) in the AAR’s Manual of

Standards and Recommended Practices

and the load is also within the limits of

the design strength requirements for the

doors.

§ 174.67 [Amended]

37–38. In § 174.67, in paragraph (k),

the wording ‘‘, except that heater coil

inlet and outlet pipes must be left open

for drainage’’ is removed.

39. Section 174.85 is amended by

revising paragraph (c) to read as follows:

§ 174.85 Position in train of placarded

cars, transport vehicles, freight containers,

and bulk packagings.

* * * * *

(c) A tank car containing the residue

of a hazardous material must be

separated from a locomotive or

occupied caboose by at least one nonplacarded rail car.

* * * * *

PART 178—SPECIFICATIONS FOR

PACKAGINGS

40. The authority citation for part 178

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

§ 178.337–2 [Amended]

41. In § 178.337–2, the following

changes are made:

a. In paragraph (b)(2)(i), the wording

‘‘A–516–72’’ is revised to read ‘‘A 516’’.

b. In paragraph (b)(2)(ii) the wording

‘‘A–20–72a’’ is revised to read ‘‘A 20’’.

PART 179—SPECIFICATIONS FOR

TANK CARS

42. The authority citation for Part 179

continues to read as follows:

Authority: 49 U.S.C. 5101–5127; 49 CFR

1.53.

43. Section 179.12 is 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]

44. Sections 179.12–1 through

179.12–7 are removed.

45. Section 179.15 is 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 static head and

gas padding pressure and the lading

vapor pressure at the following

reference temperatures:

(i) 46 °C (115 °F) for noninsulated

tanks;

(ii) 43 °C (110 °F) for tanks 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 degree

Celsius (0.5 Btu per hour/per square

foot/per degree F) temperature

differential; and

(iii) 41 °C (105 °F) for insulated tanks.

(2)(i) 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.

(ii) Tanks built prior to October 1,

1997 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-todischarge 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 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 ±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. A nonreclosing pressure relief

device may be used in series with a

nonreclosing pressure relief valve. The

pressure relief valve must be located

outboard of the nonreclosing pressure

relief device.

(1) When a breaking pin device is

used in combination with a reclosing

pressure relief valve, 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 not greater than

95 percent of the start-to-discharge

pressure.

(2) When a rupture disc is used in

combination with a reclosing pressure

relief valve, the rupture disc must be

designed to burst at the start-todischarge pressure specified in

paragraph (b) of this section, and the

reclosing pressure relief valve must be

designed to discharge at not greater than

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.

(3) The vapor tight pressure and the

start-to-discharge tolerance is based on

the discharge setting of the reclosing

pressure relief device.

(f) Nonreclosing pressure relief device.

In addition to paragraphs (a), (b)(4), (c),

and (d) of this section, a nonreclosing

pressure relief device must conform to

the following requirements:

(1) After October 1, 1998, a

nonreclosing 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
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28679

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. The tolerance for a

rupture disc is +0 to ¥15 percent of the

burst pressure marked on the disc.

(g) Location of relief devices. Each

pressure relief device must

communicate with the vapor space

above the lading as near as practicable

on the longitudinal center line and

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.

46. In § 179.100–7, the table in

paragraph (a) is revised to read as

follows:

§ 179.100–7 Materials.

(a) * * *

Specifications

Minimum

tensile

strength

(p.s.i.)

welded

condition1

Minimum

elongation in

2 inches

(percent)

welded

condition

(longitudinal)

AAR TC128, Gr. B ........ 81,000 20

ASTM A 302, Gr. B ....... 80,000 19

ASTM A 516 ................. 70,000 20

ASTM A 537, Class 1 ... 70,000 23

1 Maximum stresses to be used in calculations.

* * * * *

§ 179.100–7 [Amended]

47. In addition, in § 179.100–7, the

following changes are made:

a. In the table in paragraph (b), the

last entry ‘‘ASTM B 209–70, Alloy

60614’’ is removed and, in the first

column, the wording ‘‘209–70’’ is

revised to read ‘‘209’’ each place it

appears.

b. In the footnotes to the paragraph (b)

table, Footnotes 4 and 5 are removed

and Footnote 6 is redesignated as

Footnote 4.

c. In the table in paragraph (c)(1), the

wording ‘‘A240–70’’ is revised to read

‘‘A 240’’ each place it appears.

d. In paragraph (c)(2)(i), the wording

‘‘A262–68’’ is revised to read ‘‘A 262’’,

the word ‘‘Recommended’’ is revised to

read ‘‘Standard’’, and the word

‘‘Austenitic’’ is added immediately

before ‘‘Stainless Steel’’.

§ 179.100–10 [Amended]

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

the wording ‘‘ASTM A240–70’’ is

revised to read ‘‘ASTM A 240’’.

§ 179.100–15 [Removed]

49. Section 179.100–15 is removed

and reserved.

§ 179.100–20 [Amended]

50. In § 179.100–20, in the paragraph

(a) table, for the entry ‘‘Material’’, in the

second column, the wording ‘‘ASTM

A515–70’’ is revised to read ‘‘ASTM A

516’’.

51. Section 179.101–1 is 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 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 11/16 300 7 2 1/4 No ................ No.

105A400W .......................... Yes ............... 1,000 1 11/16 400 7 2 1/4 No ................ No.

105A500W .......................... Yes ............... 1,250 1 11/16 500 2 1/4 No ................ No ................ 102–1, 102–2.

105A600W .......................... Yes ............... 1,500 1 11/16 600 2 1/4 No ................ No ................ 102–4, 102–17.

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 11/16 300 2 1/4 No ................ Optional.

112A200W .......................... Optional 4 ..... 500 3 5 9/16 200 2 1/4 No ................ No.

112A340W .......................... Optional 4 ..... 850 1 11/16 340 2 1/4 No ................ No.

112A400W .......................... Optional 4 ..... 1,000 1 11/16 400 2 1/4 No ................ No.

112A500W .......................... Optional 4 ..... 1,250 1 11/16 500 2 1/4 No ................ No.

114A340W .......................... Optional 4 ..... 850 1 11/16 340 6 Optional ....... Optional ....... 103.

114A400W .......................... Optional 4 ..... 1,000 1 11/16 400 6 Optional ....... Optional ....... 103.

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 11/16 300 2 1/4 Optional ....... Optional ....... 103.

120A400W .......................... Yes ............... 1,000 1 11/16 400 2 1/4 Optional ....... Optional ....... 103.

120A500W .......................... Yes ............... 1,250 1 11/16 500 2 1/4 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 plate shall be not less than 9/16 inch. 2When approved material other than aluminum alloys are used, the thickness shall be not less than 2 1/4 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.
28680 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

§ 179.102–1 [Amended]

52. In § 179.102–1, in paragraph (a)(1),

the following changes are made:

a. In the first sentence, the wording

‘‘A516–79b’’ is revised to read ‘‘A 516’’.

b. At the end of the third sentence, the

wording ‘‘A370–77’’ is revised to read

‘‘A 370’’.

c. In the last sentence, the wording

‘‘A240–79’’ is revised to read ‘‘A 240’’.

§ 179.102–2 [Amended]

53. In § 179.102–2, in paragraph (a)(1),

the wording ‘‘A516–70a’’ is revised to

read ‘‘A 516’’ and the wording ‘‘TC–

128–70’’ is revised to read ‘‘TC–128’’.

§ 179.102–4 [Amended]

54. In § 179.102–4, the following

changes are made:

a. Paragraph (d) is removed.

b. Paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b),

respectively.

c. Paragraphs (e) through (k) are

redesignated as paragraphs (c) through

(i), respectively.

d. Paragraph (l) is removed.

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

the word ‘‘valve’’ is removed, and

paragraph (b)(2) is 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.)

(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).

* * * * *

56. Section 179.200–7 is amended by

revising the table in paragraph (b) to

read as follows:

§ 179.200–7 Materials.

* * * * *

(b) * * *

Specifications

Minimum

tensile

strength

(p.s.i.)

welded

condition 1

Minimum

elongation in

2 inches

(percent)

weld

metal

(longitudinal)

AAR TC 128, Gr. B ....... 81,000 19

ASTM A 516, Gr. 70 ..... 70,000 20

1 Maximum stresses to be used in calculations.

* * * * *

§ 179.200–7 [Amended]

57. In addition, in § 179.200–7, the

following changes are made:

a. In the table in paragraph (c), the last

entry ‘‘ASTM B 209–70, Alloy 6061 4’’ is

removed, and in the first column, for

each entry, the wording ‘‘209–70’’ is

revised to read ‘‘209’’.

b. In the paragraph (c) table, Footnotes

4 and 5 are removed and Footnote 6 is

redesignated as Footnote 4.

c. In the table in paragraph (d), in the

first column, for each entry, the wording

‘‘240–70’’ is 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:’’ is 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 in paragraph (e), in the

first column, the wording ‘‘162–692’’ is

revised to read ‘‘1622’’.

f. In the table in paragraph (f), in the

first column, the wording ‘‘302–69a’’ is

revised to read ‘‘302’’.

58. In § 179.200–14, the first sentence

of paragraph (a) and the first sentence of

paragraph (b) are 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. * * *

* * * * *

59. In § 179.200–16, the first sentence

in paragraph (d) is revised to read as

follows:

§ 179.200–16 Gauging devices, top loading

and unloading devices, venting and air inlet

devices.

* * * * *

(d) When using a visual gauging

device on a car with a hinged manway

cover, an outage scale visible through

the manway opening shall be

provided. * * *

* * * * *

§ 179.200–18 [Removed]

60. Section 179.200–18 is removed.

§ 179.200–24 [Amended]

61. In § 179.200–24, in the paragraph

(a) table, for the entry ‘‘Material’’ , in the

second column, the wording ‘‘ASTM

A285 C’’ is revised to read ‘‘ASTM A

516–GR 70’’.

62. Section 179.201–1 is 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.
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations 28681

DOT Specification 1 Insulation

Bursting

pressure

(psi)

Minimum

plate

thickness

(inches)

Test

pressure

(psi)

Bottom

outlet Bottom washout References(179.201 - ***)

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).

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

179.201–11).

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(c).

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]

63. 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)’’ is revised to

read ‘‘ASTM Specification A 262’’.

§ 179.201–5 [Amended]

64. In § 179.201–5, in paragraphs (a)

and (b), the wording ‘‘ASTM A240–70’’

is revised to read ‘‘ASTM Specification

A 240’’ each place it appears.

§ 179.201–7 [Removed]

65. Section 179.201–7 is removed.

66. In § 179.220–7, the table in

paragraph (b) is revised to read as

follows:

§ 179.220–7 Materials.

* * * * *

(b) * * *

Specifications

Minimum

tensile

strength

(p.s.i.)

welded

condition 1

Minimum

elongation in

2 inches

(percent)

weld

metal

(longitudinal)

AAR TC 128, Gr. B ....... 81,000 19

ASTM A 516, Gr. 70 ..... 70,000 20

1 Maximum stresses to be used in calculations.

* * * * *

§ 179.220–7 [Amended]

67. In addition, in § 179.220–7, the

following changes are made:

a. In the table in paragraph (c), the last

entry ‘‘ASTM B 209–70, Alloy 6061 4’’ is

removed, and the wording ‘‘ASTM B

209–70’’ is revised to read ‘‘ASTM B

209’’ each place it appears.

b. In the table in paragraph (d), the

wording ‘‘ASTM 240–70’’ is revised to

read ‘‘ASTM 240’’ each place it appears.

c. In the table in paragraph (e), the

wording ‘‘ASTM A 302–70a’’ is revised

to read ‘‘ASTM A 302’’.

§ 179.220–19 [Removed]

68. Section 179.220–19 is removed.

69. Section 179.221–1 is revised to

read 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– ***)

115A60ALW .......... Yes ........................ 240 3⁄16 60 Optional. Optional .................

115A60W1 ............. Yes ........................ 240 1⁄8 60 Optional ................. Optional ................. 1

115A60W6 ............. Yes ........................ 240 1⁄8 60 Optional ................. Optional ................. 1

1Tanks converted to DOT–111A series from existing forge-welded specification, DOT–105A 300, 490, or 500 tanks, by modification using conversion details complying with DOT–111A specification requirements, shall be stenciled by substituting the letter ‘‘F’’ for the letter ‘‘W’’ in the

specification designation.
28682 Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules and Regulations

§ 179.222 [Removed]

70. Section 179.222 is removed.

§ 179.222–1 [Removed]

71. Section 179.222–1 is removed.

§ 179.300–7 [Amended]

72. In § 179.300–7, the following

changes are made:

a. In the table at the end of paragraph

(a), the entries for ‘‘ASTM A 285–69’’

and ‘‘ASTM A 515–69’’ are removed.

b. Paragraph (b) is removed and

reserved.

§ 179.500–17 [Amended]

73. In § 179.500–17, paragraph (a)(7)

is removed.

Issued in Washington, DC, on May 17,

1996, under authority delegated in 49 CFR

part 1.

Rose A. McMurray,

Acting Deputy Administrator, Research and

Special Programs Administration.

[FR Doc. 96–12954 Filed 6–4–96; 8:45 am]

BILLING CODE 4910–60–P