[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Rules and Regulations]
[Pages 50252-50255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24124]
[[Page 50252]]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 172, 173, 174 and 179
[Docket No. HM-216; Amdt Nos. 172-148, 173-252, 174-83, 179-52 ]
RIN 2137-AC66
Transportation of Hazardous Materials by Rail; Miscellaneous
Amendments; Response to Petitions for Reconsideration
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; editorial revisions and response to petitions for
reconsideration.
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SUMMARY: On June 5, 1996, RSPA published a final rule which amended the
Hazardous Materials Regulations to incorporate a number of changes to
rail requirements based on rulemaking petitions from industry and RSPA
initiatives. The intended effect of the June 5, 1996 rule is to improve
safety and reduce costs to offerors and transporters of hazardous
materials. This final rule corrects errors in that final rule and
responds to petitions for reconsideration.
DATES: Effective date. This final rule is effective October 1, 1996.
The effective date for the final rule published under Docket HM-216 on
June 5, 1996 (61 FR 28666) remains October 1, 1996.
Compliance date. However, compliance with the regulations is
authorized from June 30, 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) 632-3339, Office of Safety Assurance and Compliance, Federal
Railroad Administration, Washington DC, 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
On June 5, 1996, RSPA issued a final rule under Docket HM-216 [61
FR 28666]. The final rule made changes to the HMR, applicable to rail
carriers, shippers, and tank car owners and lessors, based on petitions
for rulemaking submitted in accordance with 49 CFR 106.31 or agency
initiative. RSPA received several petitions for reconsideration to the
final rule concerning the voluntary compliance date of June 30, 1996,
which allowed rail shippers and carriers to discontinue use of the
RESIDUE placard. In a June 28, 1996 letter, RSPA denied these petitions
for reconsideration. This letter of denial was published in the Federal
Register on July 25, 1996 [61 FR 38643] and included a statement of
enforcement policy by the Federal Railroad Administration (FRA).
In addition, RSPA received several other petitions for
reconsideration, as well as other correspondence identifying errors or
requesting clarification. This document incorporates editorial and
technical revisions RSPA has determined are necessary to correct or
clarify the final rule.
Because the amendments adopted herein clarify and relax certain
provisions of the June 5, 1996 final rule, and impose no new regulatory
burden on any person, notice and public procedure are unnecessary. For
these same reasons, these amendments are being made effective on the
same effective date of the June 5, 1996 final rule, without the usual
30-day delay following publication.
II. Summary of Regulatory Changes Made by Section
Listed below is a section-by-section summary of the changes.
Part 172
Section 172.102. Special Provision B65 is revised by correcting two
typographical errors. The ``Class DOT 105J'' reference should read
``Class DOT 105A'' and the wording ``safety relief device'' should read
``pressure relief device''.
Section 172.330. On July 3, 1996, The Chemical Manufacturers
Association's Vinyl Chloride Panel Transportation Committee (CMA-VCC)
filed a petition for reconsideration concerning the marking of tank
cars containing vinyl chloride. CMA-VCC claimed that revised marking
requirements adopted under Docket HM-216 are unduly burdensome because
they require addition of the word ``stabilized'' or ``inhibited'' as
part of the proper shipping name marked on the tank without a
corresponding increase in safety. Further, CMA-VCC states that the
remarking process is costly, primarily because the cars must be removed
from service. In some cases, entire fleets will have to be removed from
service over the next three months in order to achieve compliance. To
reduce the burden on the industry, CMA-VCC requests a five-year period
to comply with the rule. This five-year period coincides with the
regular service schedule for these cars.
In a final rule issued December 29, 1994 under Docket HM-215A [59
FR 67390], the proper shipping name for ``Vinyl chloride'' was amended
to add the word ``stabilized.'' A delayed compliance period provided
under Docket HM-215A authorizes use of either proper shipping name
(``Vinyl chloride'' or ``Vinyl chloride, stabilized'') until October 1,
1996. On or after that date, the word ``stabilized'' must appear as
part of the proper shipping name. Based on pre-Docket HM-216 marking
requirements in Sec. 173.314, after October 1, 1996, the word
``stabilized'' would have been required to appear as part of the proper
shipping name marking (provided such cars were marked after October 1,
1991; see Sec. 172.302(f)).
The Docket HM-216 notice of proposed rulemaking proposed a
reduction in the number of proper shipping names required to be marked
on tank cars and also proposed that only the ``key words'' of the
proper shipping name must be marked. Based on numerous comments,
including those from the emergency response community, opposing these
proposed changes in marking requirements, RSPA did not reduce the
number of proper shipping names required to be marked on tank cars, but
consolidated existing marking requirements into Sec. 172.330. Limited
relief was provided by adopting the proposal to require only key words
of the proper shipping name to be marked; however, the final rule
indicated that qualifying words, such as ``compressed,'' ``liquefied,''
``stabilized'' and ``inhibited'' were considered to be ``key words.''
After further consideration, RSPA believes that certain qualifying
words do not sufficiently enhance the effectiveness of this marking,
and the parenthetical example in paragraph (a)(1)(ii) creates confusion
as to which qualifying words in a proper shipping name must be
considered ``key words.'' Consequently, RSPA is amending paragraph
(a)(1)(ii) by removing the parenthetical wording ``(including words
such as `stabilized', `inhibited', `compressed', or `liquefied')''.
This change does not limit or prohibit the marking of additional words
on a tank car. A tank car may be marked with words such as
``liquefied'' or ``stabilized''.
Section 172.514. In the section heading and paragraphs (a) and (b),
the phrase ``other than a tank car'' is removed. Based on the removal
of the ``RESIDUE'' placard in the June 5, 1996 final rule, this phrase
is no longer necessary because placarding requirements for tank cars
are the same as for other bulk packagings.
[[Page 50253]]
Part 173
Section 173.314. In the paragraph (c) table, in Column (3), the
wording ``120A'' is corrected to read ``120'' for each commodity
authorized in this tank car class.
Part 174
Section 174.24. In Sec. 174.24, the first two sentences are revised
to clarify that no person may accept or transport a hazardous material
unless that person receives a shipping paper that contains the
information required by part 172 (i.e., the proper shipping
description, emergency response telephone number, and the shipper's
certification). The paragraph is further clarified to state that only
the initial carrier within the United States must receive and retain a
copy of the offeror's certified shipping paper.
Section 174.85. In paragraph (c), a separation requirement is
revised to clarify that a placarded tank car may not be used to
separate a tank car containing a residue of a hazardous material from a
locomotive or occupied caboose. This change makes consistent the
requirements of paragraph (c) with those contained in paragraph (d).
(Also see the preamble discussion in the final rule [61 FR 28666,
28670].)
Part 179
Section 179.15. In Sec. 179.15, several editorial changes are made,
and in paragraph (f)(1) a sentence is added to clarify that until
October 1, 1998, a tank car must have a nonreclosing pressure relief
device incorporating a rupture disc designed to burst at a pressure
corresponding to the new requirements in this final rule or to the old
requirements in effect on September 30, 1996.
A manufacturer of safety valves and safety vents for tank cars
opposed the pressure relief device amendment that would allow for an
increase in the start-to-discharge pressure from 30 percent to 33
percent of the tank burst pressure. This petitioner claimed that the
change would reduce the level of safety by 10 percent, and that the
change did not correspond to the ASME code as purported by RSPA. The
petitioner further stated that the ASME code primarily deals with
stationary pressure vessels where ``plants have maintenance departments
that give their stationary valves tender loving care,'' and that
``[t]ank cars, on the other hand, are frequently looked upon as someone
else's problem and their valves and fittings are given minimum
attention.''
RSPA and FRA disagree. Prior to adoption of the HM-216 amendment,
the HMR and several exemptions authorized an increase in the start-to-
discharge pressure setting on the pressure relief device for several
commodities, such as liquefied petroleum gas and anhydrous ammonia.
This change simply expands the requirement to all commodities,
including those that pose less risk in transportation. Further, the
start-to-discharge pressure setting on the pressure relief device in
the ASME code is partly based on the physical properties of the lading
at a reference temperature, static head, and gas padding pressure in
the tank. Because of the ASME code's wide use in stationary storage
tanks, cargo tanks, and IM portable tanks, RSPA proposed and adopted
the principal code for tank cars in Docket HM-216. Accordingly, the
start-to-discharge pressure of a pressure relief device on a tank car
is now based on the physical properties of the lading and not solely on
the tank specification. Since the lading, and not the tank
specification, ``drives'' the start-to-discharge pressure setting of
the pressure relief device, this provision is now in harmony with the
ASME code. Furthermore, the design of a tank car must account for the
dynamic train-action loads that are transmitted into the tank shell
(axial compression and bending moments). As such, tank wall thickness
is more of a function of the train-action loads as opposed to simply
lading retention. Therefore, a direct comparison between tank cars and
the ASME code is not totally possible, especially when comparing levels
of safety.
This petitioner also disagreed with RSPA and FRA's position that it
was better to remove the disc from the vent in order to examine the
disc for corrosion and damage. The petitioner explained that the
construction of the disc does not allow an inspector to determine the
condition of the disc and that removal of the disc can allow water and
vapor to enter the tank or for pollutants to escape from the tank.
Further, in order to disassemble the nonreclosing pressure relief
device an offeror would have to step outside of the loading platform
area, thus ``workers will be disinclined to take the discs out of the
vents to look at the vacuum support side, so no inspection of the disc
will take place.''
RSPA and FRA disagree. The preamble discussion in Docket HM-216
simply makes clear an offeror's responsibility--that each person who
offers a hazardous material for transportation in a tank car must
ensure that the ``tank car is in proper condition and safe for
transportation.'' The provision also requires a ``careful inspection of
the frangible [rupture] disc in non-reclosing pressure relief
devices.'' A rupture disc failure in transportation poses a potential
threat to human health and the environment. This threat is best
mitigated by the careful inspection of the disc to ensure its integrity
prior to transportation. A careful inspection does not simply mean a
cursory look at the top of the disc; defects can and do arise in any
material and on any surface, including the bottom side of the disc.
Since non-reclosing pressure relief devices account for a large number
of non-accident releases and railroad worker injuries, it simply cannot
be argued that a partial inspection of the disc will qualify the whole
disc for further use and help prevent such releases. Offerors must
acknowledge that the cost of using a non-reclosing pressure relief
device includes not just the purchase price, but also the cost of
inspection, maintenance, and repair prior to each shipment. In cases
where there is a concern about air and water vapors entering the tank
or pollutants discharged from the tank, it is RSPA and FRA's opinion
that the offeror should use a reclosing pressure relief device, as
opposed to a nonreclosing pressure relief device that allows for the
movement of unwanted vapors and pollutants into or out of the tank
after disc rupture.
Section 179.100-7. In Sec. 179.100-7, the minimum elongation
requirements for AAR TC 128, Gr. B and ASTM A 302, Gr. B are corrected
to read ``19'' and ``20'' respectively.
Section 179.201-4. A manufacturer of safety valves and safety vents
for tank cars asked RSPA to amend Sec. 179.201-4 to authorize the
finishing of as cast internal surfaces of stainless castings prior to
testing. Section 179.201-4 requires the use of a standard practice,
ASTM-262, for detecting the susceptibility to intergranular attack in
austenic stainless steels. ASTM-262 requires the surface of a test
specimen to conform to the actual surface of the casting used in
service. The standard further authorizes the finishing of the test
specimen surface to remove foreign material and to obtain a standard,
uniform finish, by polishing. As to the removal of surface
carburization, caused by carbonaceous binders in the sand, the ASTM-262
standard prohibits grinding and machining to remove the carburized
surface, except in tests undertaken to demonstrate such effects.
In 1988, this petitioner and the Association of American Railroads
(AAR) reviewed the ASTM-262 standard as it applies to carburized
surfaces. The review resulted in a 1988
[[Page 50254]]
amendment to Appendix M of the AAR Tank Car Manual that now allows for
the finishing, by grinding and machining, on all surfaces prior to
testing. Based on the recognized industry standard practice for
detecting the susceptibility to intergranular attack in austenic
stainless steel and these comments, RSPA is amending Sec. 179.201-4 to
authorize finishing, by machining or grinding, prior to testing.
Section 179.300-7. RSPA received one petition for reconsideration
relating to the use of steels for the construction of multi-unit tank
car tanks. The petitioner stated that the removal of steel
specifications A285 and A515 will cause an enormous disruption to users
of multi-unit tank car tanks and in particular to the chlorine
industry, which uses A285 for forge welding Class DOT 106A multi-unit
tank car tanks. The petitioner also asked RSPA to consider adding ASTM
A516 Gr 70 to the table, since this material is often used in the
construction of multi-unit tank car tanks under exemption (DOT-E 9157
and DOT-E 3216). RSPA agrees that the steel specifications in
Sec. 179.300-7 were inadvertently removed in the final rule. RSPA also
is adding ASTM A516 Gr. 70 to the table based on comments received.
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
The June 5, 1996 final rule, as amended herein, was 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. RSPA lacks discretion in this area, and preparation of a
federalism assessment is not warranted.
Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a
regulation concerning any of the covered subjects, 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 determined that the effective
date of Federal preemption for these requirements in the June 5, 1996
final rule would be October 1, 1996. The effective date of Federal
preemption for the changes made in this final rule will be December 24,
1996.
C. Regulatory Flexibility Act
This final rule responds to petitions for reconsideration and
agency review. It is intended to make editorial and technical
corrections, 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
There are no new information collection requirements in this final
rule.
E. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 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 179
Hazardous materials transportation, Incorporation by reference,
Railroad safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, 49 CFR parts 172, 173, 174 and
179 are amended as follows:
PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND
TRAINING REQUIREMENTS
1. The authority citation for Part 172 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
Sec. 172.102 [Amended]
2. In Sec. 172.102, in paragraph (c)(3), for Special Provision B65,
as amended at 61 FR 28675, effective October 1, 1996, the wording
``Class 105J'' is revised to read ``Class 105A'' and the wording
``safety relief device'' is revised to read ``pressure relief device''.
Sec. 172.330 [Amended]
3. In Sec. 172.330, in paragraph (a)(1)(ii), as revised at 61 FR
28676, effective October 1, 1996, the wording ``(including words such
as `stabilized', `inhibited', `compressed', or `liquefied')'' is
removed.
Sec. 172.514 [Amended]
4. In Sec. 172.514, the following changes are made:
a. In the section heading, the wording ``other than tank cars'' is
removed.
[[Page 50255]]
b. In paragraph (a) and paragraph (b) introductory text, the
wording ``, other than a tank car,'' is removed each place it appears.
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
5. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.
Sec. 173.314 [Amended]
6. In Sec. 173.314, in the paragraph (c) table, as amended at 61 FR
28677, effective October 1, 1996, in Column 3, the wording ``120A'' is
revised to read ``120'' each place it appears.
PART 174--CARRIAGE BY RAIL
7. The authority citation for Part 174 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
8. In Sec. 174.24, as revised at 61 FR 28677, effective October 1,
1996, the first two sentences are revised to read as follows:
Sec. 174.24 Shipping papers.
A person may not accept or transport a hazardous material by rail
unless that person receives a shipping paper that properly conveys the
information required by part 172 of this subchapter. Only an initial
carrier within the United States must receive and retain a copy of the
shipper's certification as required by Sec. 172.204 of this subchapter.
* * *
Sec. 174.85 [Amended]
9. In Sec. 174.85, in paragraph (c), as revised at 61 FR 28678,
effective October 1, 1996, the wording ``non-placarded rail car'' is
revised to read ``rail car other than a placarded tank car''.
PART 179--SPECIFICATIONS FOR TANK CARS
10. The authority citation for Part 179 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
11. In Sec. 179.15, as added at 61 FR 28678, effective October 1,
1996, paragraph (f)(1) is revised to read as follows:
Sec. 179.15 Pressure relief devices.
* * * * *
(f) * * *
(1) Until October 1, 1998, a nonreclosing pressure relief device
must incorporate a rupture disc designed to burst at a pressure no less
than 100% of the tank test pressure but no more than 33% of the tank
burst pressure. After that date, a nonreclosing pressure relief device
must incorporate a rupture disc designed to burst at 33% of the tank
burst pressure.
* * * * *
Sec. 179.15 [Amended]
12. In addition, in Sec. 179.15, the following changes are made:
a. In the introductory text, the wording ``pressure relief system''
is revised to read ``pressure relief device, made of material
compatible with the lading,''.
b. In the paragraph (b) heading, the word ``valves'' is revised to
read ``devices''.
c. In paragraph (b)(2)(i), the wording ``start-to-discharge
pressure'' is revised to read ``start-to-discharge pressure of a
pressure relief device''.
d. In the paragraph (c) heading, the word ``systems'' is revised to
read ``devices''.
e. In paragraph (e) introductory text, at the end of the first
sentence, the wording ``nonreclosing pressure relief valve'' is revised
to read ``reclosing pressure relief valve''.
Sec. 179.100-7 [Amended]
13. In Sec. 179.100-7, in the paragraph (a) table, as revised at 61
FR 28679, effective October 1, 1996, the following changes are made:
a. In the first entry, ``AAR TC128, Gr. B'', in the third column,
the entry ``20'' is revised to read ``19''.
b. In the second entry, ``ASTM A 302, Gr. B'', in the third column,
the entry ``19'' is revised to read ``20''.
Sec. 179.201-4 [Amended]
14. In Sec. 179.201-4, as amended at 61 FR 28681, effective October
1, 1996, at the end of the paragraph, the wording ``ASTM Specification
A 262'' is revised to read ``ASTM Specification A 262, except that when
preparing the specimen for testing the carburized surface may be
finished by grinding or machining''.
15. In Sec. 179.300-7, as amended at 61 FR 28682, effective October
1, 1996, in the paragraph (a) table, the following entries are added in
numerical order to read as follows:
Sec. 179.300-7 Materials.
(a) * * *
------------------------------------------------------------------------
Elongation in
Tensile 2 inches
strength (percent)
Specifications (psi) welded welded
condition condition \1\
\1\ (longitudinal)
(minimum) (minimum)
------------------------------------------------------------------------
* * * * *
ASTM A285 Gr. A........................... 45,000 29
ASTM A285 Gr. B........................... 50,000 20
ASTM A285 Gr. C........................... 55,000 20
ASTM A515 Gr. 65.......................... 65,000 20
ASTM A515 Gr. 70.......................... 70,000 20
ASTM A516 Gr. 70.......................... 70,000 20
------------------------------------------------------------------------
\1\ Maximum stresses to be used in calculations.
* * * * *
Issued in Washington, DC on September 16, 1996, under authority
delegated in 49 CFR part 1.
Kelley S. Coyner,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 96-24124 Filed 9-24-96; 8:45 am]
BILLING CODE 4910-60-P
