[Federal Register Volume 61, Number 109 (Wednesday, June 5, 1996)]
[Rules and Regulations]
[Pages 28666-28682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12954]
[[Page 28665]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Part 171, et al.
Transportation of Hazardous Materials by Rail; Miscellaneous
Amendments; Final Rule
Federal Register / Vol. 61, No. 109 / Wednesday, June 5, 1996 / Rules
and Regulations
[[Page 28666]]
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.
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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 Sec. 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
Sec. 172.102 special provisions and in Parts 173 and 179 into
Sec. 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 Sec. 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
[[Page 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
Sec. 172.330. Accordingly, this rule provides a list of these
commodities in Sec. 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 Sec. 172.101 Hazardous Materials Table (HMT), each
commodity assigned this special provision must be in a packaging
authorized in Sec. 173.243, which does not allow an AAR 206 tank car.
Special Provision B5 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-to-discharge 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-to-discharge 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 Sec. 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 Secs. 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 Sec. 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 Sec. 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.
[[Page 28668]]
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 Sec. 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 Sec. 173.314(c) table.
Section 173.29
Paragraph (f) is removed, consistent with the removal of
Sec. 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 Sec. 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 deg.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 Sec. 179.102-3(a)(3) to Sec. 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 Sec. 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 Sec. 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
[[Page 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 Secs. 174.8, 174.9
and 174.10 are consolidated into Sec. 174.9 to clarify a railroad's
inspection duties at points of origination, interchange points and
other locations where rail cars must be inspected. Sections 174.8 and
174.10 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
Sec. 171.12a for transportation of Canadian shipments or packagings by
rail car within the U.S.
Section 174.18
Section 174.18 concerning the handling of astray packages of
hazardous materials is obsolete; therefore this section is removed as
proposed.
Section 174.24
Shipping paper requirements for rail carriers in Part 174 are moved
to Part 172. Revised Sec. 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 Sec. 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 Sec. 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
Secs. 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 Sec. 174.47(b) to permit the ongoing
movement of noncomplying tank cars once their ``in-violation'' 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,
[[Page 28670]]
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 long-term 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
Sec. 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 Secs. 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: Secs. 179.100-7, 179.100-10, 179.100-20,
179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.
[[Page 28671]]
Sections 179.12 through 179.12-7
Sections 179.12-1 through 179.12-7 are removed and Sec. 179.12 is
revised by incorporating provisions from Secs. 179.12-1 and 179.12-5.
The design and materials of construction for interior heater coils
require AAR approval. This 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 Secs. 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-to-discharge 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 Sec. 173.24b for
the calculation of outage and filling limits into pressure relief
device setting requirements. RSPA proposed a mid- range temperature of
43 deg.C (110 deg.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 one-year 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
Sec. 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-to-discharge 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
Sec. 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 Sec. 172.102. The commenter also requested that this car be
authorized in Sec. 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 Secs. 179.200-
11, 179.200-14, and 179.200- 16). An editorial revision is made to a
reference in the Sec. 179.201-1 table for DOT
[[Page 28672]]
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 Sec. 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 non-pressure 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
Sec. 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 Sec. 179.220-7 and the table following
paragraph (a) in Sec. 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 Secs. 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
[[Page 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 Sec. 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:
Sec. 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 178.337; 179.102-17
Specification for General
Requirements for Steel Plates
for Pressure Vessels, Revision C.
* * * *
* * *
ASTM A 240-82 Standard 178.57; 178.358; 179.100; 179.200;
Specification for Heat-Resisting 179.201; 179.220; 179.400.
Chromium and Chromium-Nickel
Stainless Steel Plate, Sheet and
Strip for Fusion-Welded Unfired
Pressure Vessels, Revision A.
* * * *
* * *
ASTM A 262-68 Recommended 179.100; 179.200.
Practices for Detecting
Susceptibility to Intergranular
Attack in Stainless Steels.
* * * *
* * *
ASTM A 302-78 Pressure Vessel 179.100; 179.200; 179.220.
Plates, Alloy Steel, Manganese-
Molybdenum and Manganese-
Molybdenum Nickel.
* * * *
* * *
ASTM A 370-77 Standard Methods 179.102-4 and 179.102-17
and Definition for Mechanical
Testing of Steel Products.
* * * *
* * *
ASTM A 516-79b Standard 178.337; 179.100; 179.102; 179.200
Specification for Pressure 179.220
Vessel Plates, Carbon Steel, for
Moderate and Lower-Temperature
Service.
ASTM A 537-80 Standard 179.100; 179.102.
Specification for Pressure
Vessel Plates, Heat-Treated,
Carbon-Manganese-Silicon Steel.
* * * *
* * *
ASTM B 162-69 Nickel Plate, 179.200.
Sheet, and Strip.
ASTM B 209-69 Aluminum Alloy 179.100; 179.200; 179.220
Sheet and Plate.
* * * *
* * *
[Add]
ASTM A 20/A 20M-93a Standard 178.337-2; 179.102-4; 179.102-17.
Specification for General
Requirements for Steel Plates
for Pressure Vessels.
* * * *
* * *
ASTM A 240/A 240M-94b Standard 178.57; 178.358-5; 179.100-7; 179.100-
Specification for Heat-Resisting 10; 179.102-1; 179.102-4; 179.102-
Chromium and Chromium-Nickel 17; 179.200-7; 179.201-5; 179.220-7;
Stainless Steel Plate, Sheet and 179.400-5.
Strip for Pressure Vessels.
[[Page 28674]]
* * * *
* * *
ASTM A 262-93a Standard Practices 179.100-7; 179.200-7; 179.201-4.
for Detecting Susceptibility to
Intergranular Attack in
Austenitic Stainless Steels.
* * * *
* * *
ASTM A 302/A 302M-93 Standard 179.100-7; 179.200-7; 179.220-7.
Specification for Pressure
Vessel Plates, Alloy Steel,
Manganese-Molybdenum and
Manganese-Molybdenum Nickel.
* * * *
* * *
ASTM A 370-94 Standard Test 179.102-1; 179.102-4; 179.102-17.
Methods and Definitions for
Mechanical Testing of Steel
Products.
* * * *
* * *
ASTM A 516/A 516M-90 Standard 178.337-2; 179.100-7; 179.100-20;
Specification for Pressure 179.102-1; 179.102-2; 179.102-4;
Vessel Plates, Carbon Steel, for 179.102-17; 179.200-7; 179.220-7.
Moderate and Lower- Temperature
Service.
ASTM A 537/A 537M-91 Standard 179.100-7; 179.102-4; 179.102-17.
Specification for Pressure
Vessel Plates, Heat-Treated,
Carbon-Manganese-Silicon Steel.
* * * *
* * *
ASTM B 162-93a Standard 179.200-7.
Specification for Nickel Plate,
Sheet, and Strip.
ASTM B 209-93 Standard 179.100-7; 179.200-7; 179.220-7.
Specification for Aluminum and
Aluminum-Alloy Sheet and Plate.
* * * *
* * *
------------------------------------------------------------------------
* * * * *
Sec. 171.7 [Amended]
3. In addition, Sec. 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.
Sec. 172.101 [Amended]
5. In Sec. 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;
[[Page 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 Sec. 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:
Sec. 172.102 Special provisions.
* * * * *
(c) * * *
(3) * * *
Code/Special Provisions
* * * * *
B42 Tank cars must have a test pressure of 34.47 Bar (500 psig) or
greater and conform to Class 105J. Each tank car must have a safety
relief device having a start-to-discharge pressure of 10.34 Bar (150
psig). The tank car specification may be marked to indicate a test
pressure of 13.79 Bar (200 psig).
* * * * *
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-to-discharge pressure of 15.51 Bar (225
psig). The tank car specification may be marked to indicate a test
pressure of 20.68 Bar (300 psig).
* * * * *
B71 Tank cars must have a test pressure of 20.68 Bar (300 psig) or
greater and conform to Class 105, 112, 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. * * *
* * * * *
Sec. 172.102 [Amended]
7. In addition, in Sec. 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 Sec. 172.203, paragraphs (e)(2) and (g) are revised to read
as follows:
Sec. 172.203 Additional description requirements.
* * * * *
(e) * * *
(2) The description on the shipping paper for a tank car containing
the residue of a hazardous material must include the phrase, ``RESIDUE:
LAST CONTAINED * * *'' before the basic description.
* * * * *
(g) Transportation by rail. (1) 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 Sec. 173.247(h)(3) of this
subchapter, the shipping paper must contain an appropriate notation,
such as ``Maximum operating speed 15 mph.''.
* * * * *
9. In Sec. 172.205, paragraph (f) is revised to read as follows:
Sec. 172.205 Hazardous waste manifest.
* * * * *
(f) Transportation by rail. Notwithstanding the requirements of
paragraphs (d) and (e) of this section, the following requirements
apply:
(1) When accepting hazardous waste from a non-rail transporter, the
initial rail transporter must:
(i) Sign and date the manifest acknowledging acceptance of the
hazardous waste;
(ii) Return a signed copy of the manifest to the non-rail
transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any;
(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.
[[Page 28676]]
(3) When delivering hazardous waste to the designated facility, a
rail transporter must:
(i) Obtain the date of delivery and handwritten signature of the
owner or operator of the designated facility on the manifest or the
shipping paper (if the manifest has not been received by the facility);
and
(ii) Retain a copy of the manifest or signed shipping paper in
accordance with 40 CFR 263.22.
(4) When delivering hazardous waste to a non-rail transporter, a
rail transporter must:
(i) Obtain the date of delivery and the handwritten signature of
the next non-rail transporter on the manifest; and
(ii) Retain a copy of the manifest in accordance with 40 CFR
263.22.
(5) Before accepting hazardous waste from a rail transporter, a
non-rail transporter must sign and date the manifest and provide a copy
to the rail transporter.
* * * * *
10. In Sec. 172.330, paragraph (a)(1) is revised to read as
follows:
Sec. 172.330 Tank cars and multi-unit tank car tanks.
(a) * * *
(1) In a tank car unless the following conditions are met:
(i) The tank car must be marked on each side and each end as
required by Sec. 172.302 with the identification number specified for
the material in the Sec. 172.101 Table; and
(ii) A tank car containing any of the following materials must be
marked on each side with the key words (including words such as
``stabilized'', ``inhibited'', ``compressed'', or ``liquefied'') of the
proper shipping name specified for the material in the Sec. 172.101
Table, or with a common name authorized for the material in this
subchapter (e.g., ``Refrigerant Gas''):
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 Sec. 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 Sec. 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:
Sec. 172.510 Special placarding provisions: Rail.
(a) White square background. The following must have the specified
placards placed on a white square background, as described in
Sec. 172.527:
(1) Division 1.1 and 1.2 (explosive) materials which require
EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
(2) Materials 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.
* * * * *
Sec. 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 Sec. 173.24b, paragraph (a)(3) is removed and paragraph
(a)(1) is revised to read as follows:
Sec. 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 deg.C (115 deg.F) for a noninsulated tank;
(ii) 43 deg.C (110 deg.F) for a tank car having a thermal
protection system, incorporating a metal jacket that provides an
overall thermal conductance at 15.5 deg.C (60 deg.F) of no more than
10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu
per hour/per square foot/ per degree F) temperature differential; or
(iii) 41 deg.C (105 deg.F) for an insulated tank.
* * * * *
Sec. 173.29 [Amended]
15. In Sec. 173.29, paragraph (f) is removed and reserved.
Sec. 173.240 [Amended]
16. In Sec. 173.240, in paragraph (a), the wording ``or 115 tank
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.
Sec. 173.241 [Amended]
17. In Sec. 173.241, in paragraph (a), the wording ``or 115 tank
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.
Sec. 173.242 [Amended]
18. In Sec. 173.242, in paragraph (a), the wording ``or 115 tank
car tanks;'' is revised to read ``115, or 120 tank car tanks;''.
Sec. 173.243 [Amended]
19. In Sec. 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;''.
Sec. 173.244 [Amended]
20. In Sec. 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 Sec. 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:
Sec. 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
[[Page 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 deg.C (115 deg.F) for a noninsulated tank; 43
deg.C (110 deg.F) for a tank having a thermal protection system
incorporating a metal jacket that provides an overall thermal
conductance at 15.5 deg.C (60 deg.F) of no more than 10.22
kilojoules per hour per square meter per degree Celsius (0.5 Btu per
hour/per square foot/per degree F) temperature differential; or 41
deg.C (105 deg.F) for an insulated tank.
* * * * *
Sec. 173.314 [Amended]
22. In addition, in Sec. 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:
Sec. 174.3 Unacceptable hazardous materials shipments.
No person may accept for transportation or transport by rail any
shipment of hazardous material that is not in conformance with the
requirements of this subchapter.
Sec. 174.8 [Removed]
25. Section 174.8 is removed.
26. Section 174.9 is revised to read as follows:
Sec. 174.9 Inspection and acceptance.
At each location where a hazardous material is accepted for
transportation or placed in a train, the carrier shall 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.
Sec. 174.10 [Removed]
27. Section 174.10 is removed.
Sec. 174.11 [Removed]
28. Section 174.11 is removed.
Sec. 174.18 [Removed]
29. Section 174.18 is removed.
30. Section 174.24 is revised to read as follows:
Sec. 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
Sec. 172.204 of this subchapter. This section does not apply to a
material that is excepted from shipping paper requirements as specified
in Sec. 172.200 of this subchapter.
Sec. 174.25 [Removed]
31. Section 174.25 is removed.
32. In Sec. 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:
Sec. 174.26 Notice to train crews of placarded cars.
* * * * *
(b) A member of the train crew of a train transporting a hazardous
material must have a copy of a document for the hazardous material
being transported showing the information required by part 172 of this
subchapter.
Secs. 174.47 and 174.48 [Removed]
33. Sections 174.47 and 174.48 are removed.
Sec. 174.49 [Removed]
34. Section 174.49 is removed.
35. Section 174.50 is revised to read as follows:
Sec. 174.50 Nonconforming or leaking packages.
Leaking packages other than tank cars may not be forwarded until
repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of
this subchapter. Except as otherwise provided 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:
Sec. 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 Sec. 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
[[Page 28678]]
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.
Sec. 174.67 [Amended]
37-38. In Sec. 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:
Sec. 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 non-
placarded 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.
Sec. 178.337-2 [Amended]
41. In Sec. 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:
Sec. 179.12 Interior heater systems.
(a) Interior heater systems shall be of approved design and
materials. If a tank is divided into compartments, a separate system
shall be provided for each compartment.
(b) Each interior heater system shall be hydrostatically tested at
not less than 13.79 bar (200 psi) and shall hold the pressure for 10
minutes without leakage or evidence of distress.
Secs. 179.12-1 through 179.12-7 [Removed]
44. Sections 179.12-1 through 179.12-7 are removed.
45. Section 179.15 is added to read as follows:
Sec. 179.15 Pressure relief devices.
Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must
have a pressure relief system that conforms to the following
requirements:
(a) Performance standard. Each tank must have a pressure relief
system having sufficient flow capacity to prevent pressure build-up in
the tank to no more than the flow rating pressure of the pressure
relief device in fire conditions as defined in Appendix A of the
Association of American Railroads Specifications for Tank Cars.
(b) Settings for pressure relief valves. (1) Except as provided in
paragraph (b)(2) of this section, a reclosing pressure relief valve
must have a minimum start-to-discharge pressure equal to the sum of the
static head and gas padding pressure and the lading vapor pressure at
the following reference temperatures:
(i) 46 deg.C (115 deg.F) for noninsulated tanks;
(ii) 43 deg.C (110 deg.F) for tanks having a thermal protection
system incorporating a metal jacket that provides an overall thermal
conductance at 15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules
per hour per square meter per degree Celsius (0.5 Btu per hour/per
square foot/per degree F) temperature differential; and
(iii) 41 deg.C (105 deg.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-to-discharge pressure of
not less than 14.5 percent of the minimum tank burst pressure but no
more than 33 percent of the minimum tank burst pressure.
(3) The vapor tight pressure of a reclosing pressure relief valve
must be at least 80 percent of the start-to-discharge pressure.
(4) The 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-to-discharge 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-to-discharge 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
[[Page 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 Sec. 179.100-7, the table in paragraph (a) is revised to
read as follows:
Sec. 179.100-7 Materials.
(a) * * *
------------------------------------------------------------------------
Minimum
Minimum elongation in
tensile 2 inches
Specifications strength (percent)
(p.s.i.) welded
welded condition
condition\1\ (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.
* * * * *
Sec. 179.100-7 [Amended]
47. In addition, in Sec. 179.100-7, the following changes are made:
a. In the table in paragraph (b), the last entry ``ASTM B 209-70,
Alloy 6061\4\'' 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''.
Sec. 179.100-10 [Amended]
48. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-
70'' is revised to read ``ASTM A 240''.
Sec. 179.100-15 [Removed]
49. Section 179.100-15 is removed and reserved.
Sec. 179.100-20 [Amended]
50. In Sec. 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:
Sec. 179.101-1 Individual specification requirements.
In addition to Sec. 179.100, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test Manway
DOT specification Insulation pressure thickness pressure cover Bottom outlet Bottom washout Reference (179.***)
(psi) (inches) (psi) thickness
--------------------------------------------------------------------------------------------------------------------------------------------------------
105A100ALW................... Yes.............. 500 5/8 100 \2\ 2 1/2 No............... No...............
105A200ALW................... Yes.............. 500 5/8 200 \2\ 2 1/2 No............... No...............
105A300ALW................... Yes.............. 750 5/8 300 \2\ 2 5/8 No............... No...............
105A100W..................... Yes.............. 500 \3\ 9/16 100 2 1/4 No............... No...............
105A200W..................... Yes.............. 500 \3\ 9/16 200 2 1/4 No............... No...............
105A300W..................... Yes.............. 750 \1\ 11/16 300 \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/ 200 2 1/4 No............... No...............
16
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than 5/8 inch, and when steel of
81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plate shall be not less than 9/16 inch.
\2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2 1/4 inches.
\3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than 1/2 inch.
\4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must
have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with
a reflective coat of white paint.
\5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than 1/2 inch.
\6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec. 179.103-2.
\7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.
[[Page 28680]]
Sec. 179.102-1 [Amended]
52. In Sec. 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''.
Sec. 179.102-2 [Amended]
53. In Sec. 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''.
Sec. 179.102-4 [Amended]
54. In Sec. 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 Sec. 179.103-5, in paragraph (a)(3), the word ``valve'' is
removed, and paragraph (b)(2) is revised to read as follows:
Sec. 179.103-5 Bottom outlets.
* * * * *
(b) * * *
(2) To provide for the attachment of unloading connections, the
discharge end of the bottom outlet nozzle or reducer, the valve body of
the exterior valve, or some fixed attachment thereto, shall be provided
with one of the following arrangements or an approved modification
thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank
Cars for illustrations of some of the possible arrangements.)
(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:
Sec. 179.200-7 Materials.
* * * * *
(b) * * *
------------------------------------------------------------------------
Minimum Minimum
tensile elongation in
strength 2 inches
Specifications (p.s.i.) (percent) weld
welded metal
condition (longitudinal)
-------------------------------------------------\1\--------------------
AAR TC 128, Gr. B......................... 81,000 19
ASTM A 516, Gr. 70........................ 70,000 20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
* * * * *
Sec. 179.200-7 [Amended]
57. In addition, in Sec. 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 Sec. 179.200-14, the first sentence of paragraph (a) and the
first sentence of paragraph (b) are revised to read as follows:
Sec. 179.200-14 Expansion capacity.
(a) Tanks shall have expansion capacity as prescribed in this
subchapter. * * *
(b) For tank cars having an expansion dome, the expansion capacity
is the total capacity of the tank and dome combined. * * *
* * * * *
59. In Sec. 179.200-16, the first sentence in paragraph (d) is
revised to read as follows:
Sec. 179.200-16 Gauging devices, top loading and unloading devices,
venting and air inlet devices.
* * * * *
(d) When using a visual gauging device on a car with a hinged
manway cover, an outage scale visible through the manway opening shall
be provided. * * *
* * * * *
Sec. 179.200-18 [Removed]
60. Section 179.200-18 is removed.
Sec. 179.200-24 [Amended]
61. In Sec. 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:
Sec. 179.201-1 Individual specification requirements.
In addition to Sec. 179.200, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test References (179.201 -
DOT Specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout ***)
(psi) (inches) (psi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
103A-ALW....................... Optional.......... 240 \1/2\ 60 No............... Optional.
[[Page 28681]]
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- 500 \7/16\ 100 No............... No............... 6(a), 8, 10.
11).
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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or
manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec. 179.201-3.
Sec. 179.201-4 [Amended]
63. In Sec. 179.201-4, at the end of the paragraph, the wording
``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)''
is revised to read ``ASTM Specification A 262''.
Sec. 179.201-5 [Amended]
64. In Sec. 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.
Sec. 179.201-7 [Removed]
65. Section 179.201-7 is removed.
66. In Sec. 179.220-7, the table in paragraph (b) is revised to
read as follows:
Sec. 179.220-7 Materials.
* * * * *
(b) * * *
------------------------------------------------------------------------
Minimum Minimum
tensile elongation in
strength 2 inches
Specifications (p.s.i.) (percent) weld
welded metal
condition (longitudinal)
-------------------------------------------------\1\--------------------
AAR TC 128, Gr. B......................... 81,000 19
ASTM A 516, Gr. 70........................ 70,000 20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
* * * * *
Sec. 179.220-7 [Amended]
67. In addition, in Sec. 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''.
Sec. 179.220-19 [Removed]
68. Section 179.220-19 is removed.
69. Section 179.221-1 is revised to read as follows:
Sec. 179.221-1 Individual specification requirements.
In addition to Sec. 179.220, the individual specification
requirements are as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum
Bursting plate Test Reference
DOT specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout (179.221-***)
(psi) (inches) (psi)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Tanks 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.
[[Page 28682]]
Sec. 179.222 [Removed]
70. Section 179.222 is removed.
Sec. 179.222-1 [Removed]
71. Section 179.222-1 is removed.
Sec. 179.300-7 [Amended]
72. In Sec. 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.
Sec. 179.500-17 [Amended]
73. In Sec. 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
