95-30408. Transportation of Hazardous Materials By Rail; Miscellaneous Amendments  

  • [Federal Register Volume 60, Number 243 (Tuesday, December 19, 1995)]
    [Proposed Rules]
    [Pages 65492-65504]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-30408]
    
    
    
    
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    Part VI
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Research and Special Programs Administration
    
    
    
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    49 CFR Part 171, et al.
    
    
    
    Transportation of Hazardous Materials By Rail; Miscellaneous 
    Amendments; Proposed Rule
    
    Federal Register / Vol. 60, No. 243 / Tuesday, December 19, 1995 / 
    Proposed Rules
    
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    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 171, 172, 173, 174, 179
    
    [Docket No. HM-216; Notice No. 95-16]
    RIN 2137-AC66
    
    
    Transportation of Hazardous Materials By Rail; Miscellaneous 
    Amendments
    
    AGENCY: Research and Special Programs Administration (RSPA), DOT.
    
    ACTION: Notice of Proposed Rulemaking (NPRM).
    
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    SUMMARY: RSPA is proposing to incorporate into the Department's 
    Hazardous Materials Regulations (HMR) a number of changes to rail 
    requirements based on rulemaking petitions from industry and RSPA 
    initiatives. This action is necessary to update the regulations and to 
    respond to petitions for rulemaking. The intended effect of these 
    regulatory changes is to improve safety and reduce costs to offerors 
    and transporters of hazardous materials.
    
    DATES: Comments must be received on or before February 22, 1996.
    
    ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous 
    Materials Safety, RSPA, U.S. Department of Transportation, Washington, 
    DC 20590-0001. Comments should identify the docket and notice number 
    and be submitted, when possible, in five copies. Persons wishing to 
    receive confirmation of receipt of their comments should include a 
    self-addressed, stamped postcard. The Dockets Unit is located in Room 
    8421 of the Nassif Building, 400 Seventh Street S.W., Washington, DC 
    20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday, 
    except on public holidays when the office is closed.
    
    FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-4488, 
    Office of Hazardous Materials Standards, Research and Special Programs 
    Administration, Washington DC, 20590-0001, or James H. Rader, telephone 
    (202) 366-0510, Office of Safety Assurance and Compliance, Federal 
    Railroad Administration, Washington DC, 20590-0001.
    
    SUPPLEMENTARY INFORMATION: This document proposes miscellaneous changes 
    to rail requirements contained in the HMR. These proposed changes are 
    based either on petitions for rulemaking submitted in accordance with 
    49 CFR 106.31 or agency initiative and are intended to reduce 
    regulatory burdens by simplifying or updating existing regulations.
        This rule, as proposed, is consistent with the goals of President 
    Clinton's Regulatory Reinvention Initiative. The President directed 
    Federal agencies to review all agency regulations and eliminate or 
    revise those that are outdated or in need of reform. A notice issued 
    April 4, 1995 by RSPA requested comments on regulatory reform (Docket 
    HM-222; 60 FR 17049) and announced a comprehensive review of the HMR to 
    identify provisions that are candidates for elimination, revision, 
    clarification, or relaxation. Certain proposed changes in this document 
    reflect the results of this review.
    
    I. Summary of Proposed Regulatory Changes by Section
    
        Listed below is a section-by-section summary of the proposed 
    changes and, where applicable, the assigned petition number.
    
    Part 171
    
        Section 171.7. Various American Society for Testing and Materials 
    (ASTM) standards would be updated to reflect the most current version. 
    Other ASTM standards that no longer would be referenced in the proposed 
    revision of Sec. 179.12 would be removed.
    
    Part 172
    
        Section 172.101: The Hazardous Materials Table. In the Hazardous 
    Materials Table, several entries would be revised based on petitions 
    for rulemaking and agency initiative. Proposed revisions include:
    
    --Twenty-nine entries would be revised by removing Special Provision 
    B12 assigned to those entries in Column (7). This special provision 
    requires the marking of tank cars with the proper shipping name or 
    common name of the material. RSPA is proposing to limit the 
    applicability of this marking requirement to certain materials that 
    pose a higher risk in transportation.
    --For the entry ``Dimethylhydrazine, unsymmetrical'', in Column (7) 
    Special Provision B79 would be removed. ``Dimethylhydrazine, 
    unsymmetrical'' currently is assigned Special Provisions B74 and B79. 
    Special Provision B74 requires the use of a tank car conforming to a 
    Class 105S, 106, 110, 112J, or 114J. Special Provision B79 requires 
    each tank car to have a tank head puncture system if the tank was 
    constructed prior to April 1, 1989. Because Special Provision B74 
    requires all tank cars to meet the requirements of B79, referencing 
    Special Provision B79 is unnecessary.
    --For the entry for Calcium carbide, Special Provision B59 would be 
    added for both Packing Group I and II entries. This special provision 
    will authorize the continued use of Class AAR 207 tank cars for the 
    transportation of calcium carbide after October 1, 1996.
    
        Section 172.102. Special Provisions B4 and B10 would be revised to 
    remove a prohibition on the use of Association of American Railroads 
    (AAR) 206 tank cars. In the Sec. 172.101 Hazardous Materials Table 
    (HMT), each commodity assigned this special provision must be in a 
    packaging authorized in Sec. 173.243, which does not allow an AAR 206 
    tank car.
        Special Provision B5 would be revised to authorize use of tank 
    cars, constructed from other than aluminum plate, for ammonium nitrate 
    fertilizer.
        Consistent with proposed changes to tank car marking requirements 
    discussed previously in conjunction with proposed changes to the 
    Hazardous Materials Table, Special Provision B12 would be removed. The 
    requirement to mark the proper shipping name or common name of a 
    material on a tank car would be limited to certain materials that 
    present a higher risk in transportation, as proposed in Sec. 172.330.
        Special Provisions B42, B65, B71, B72, B74, and B76 would be 
    revised for clarity. RSPA and FRA have received numerous inquiries 
    concerning the use of tank cars having higher test pressures than those 
    authorized under these special provisions. RSPA is proposing to revise 
    these provisions to clarify that any class tank car with a higher test 
    pressure than authorized also may be used. Special Provisions B42, B65, 
    and B76 also would be revised to authorize the optional marking of the 
    tank to a lower pressure specification. The current regulations require 
    the lower pressure specification marking for certain commodities. RSPA 
    and FRA believe that tank cars qualified to meet a specific 
    specification should be marked to indicate that specification. RSPA is 
    proposing the optional marking requirement to authorize the remarking 
    of qualified tank cars to the higher pressure specification. For 
    example, currently tank cars transporting acetone cyanohydrin are 
    required to conform to a DOT 105S, 112J, or 114J specification provided 
    the tank test pressure is 300 psig or greater. In addition, the tank 
    car specification must be remarked to indicate a tank test pressure of 
    200 psig, and each tank car must be equipped with a safety relief 
    device having a start-
    
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    to-discharge pressure setting of 150 psig. RSPA is proposing that these 
    tank cars remain marked at the higher pressure specification while 
    maintaining the currently applied safety relief device (e.g., DOT 
    105S300W, Safety Valve 150 LB).
        RSPA is proposing to remove a requirement in Special Provision B57 
    that the shipping name CHLOROPRENE must be marked on a tank car. This 
    marking requirement is included in the proposed revision of 
    Sec. 172.330(a)(1). RSPA also is revising the first sentence of Special 
    Provision B78 to specify test pressure and clarify which rail cars are 
    authorized.
        Section 172.203. Currently, rail carrier shipping paper 
    requirements are contained in both Parts 172 and 174. In this notice, 
    RSPA proposes to move the shipping paper requirements in Part 174 to 
    Part 172. RSPA and FRA believe that by consolidating the shipping paper 
    requirements, including additional shipping paper entries for tank cars 
    containing the residue of a hazardous material, compliance will be 
    improved. Paragraph (e)(2) currently references paragraph (e)(3) and 
    Sec. 174.25 for shipping paper description requirements for residues of 
    hazardous materials in tank cars. These references would be replaced 
    with a specific requirement to precede the basic shipping description 
    with the wording ``RESIDUE, LAST CONTAINED.'' Paragraph (g)(1) also 
    would be revised to reflect the incorporation of shipping paper 
    requirements currently contained in Part 174 by a requirement to 
    identify a rail car, freight container, transport vehicle, or portable 
    tank that contains a hazardous material by ``reporting mark and 
    number.''
        Section 172.205. Based on a petition [P-1053] from AAR, RSPA would 
    revise paragraph (f) for consistency with Environmental Protection 
    Agency (EPA) hazardous waste manifest requirements for transportation 
    by rail contained in 40 CFR 263.20(f).
        Section 172.330. Paragraph (a)(1) would be revised to clarify 
    marking requirements for tank cars. Marking requirements currently 
    contained in Sec. 172.102 special provisions and in Parts 173 and 179 
    would be incorporated into Sec. 172.330 or removed as part of this 
    revision. The requirement to mark the proper shipping name or common 
    name of a hazardous material on a tank car would be limited to Division 
    2.1 and 2.3 materials, Division 2.2 materials in a Class DOT 107 tank 
    car, anhydrous ammonia, ammonia solutions with more than 50% ammonia, 
    bromine and bromine solutions, hydrogen cyanide, chloroprene, and 
    refrigerant or dispersant gases, as defined in Sec. 173.115.
        Section 172.510. Paragraph (a) would be revised to require the 
    placement of each placard on a white square background for each class 
    DOT 113 tank car used to transport a Division 2.1 (flammable gas) 
    material. The white square background notifies railroad switching crews 
    that the car may not be cut off while in motion. The current 
    regulations only require rail cars containing Divisions 1.1 and 1.2 
    explosives, Division 2.3 Hazard Zone A materials and Division 6.1 PG I 
    Hazard Zone A materials to have the white square background, but not 
    the class DOT 113 tank car. This change will simplify the switching 
    requirements for rail cars by communicating, through a white square 
    background, that a class DOT 113 tank car transporting a Division 2.1 
    material may not be cut off while in motion. RSPA and FRA believe that 
    this requirement will make it easier to train yard switching employees 
    and reduce the potential for overspeed impacts. The inner support 
    system for class 113 tank cars is designed to withstand loads producing 
    accelerations of 7``g'' longitudinal, 3``g'' transverse, and 3``g'' 
    vertical. Consequently, it is imperative that railroads shove this 
    class of car to rest to prevent yielding of the support system.
        Sections 172.510 and 172.526. Provisions applying to the 
    specifications and use of RESIDUE placards would be removed in these 
    sections. The RESIDUE placard is not required by any other mode and, 
    because the information provided through a RESIDUE placard can be 
    adequately conveyed through primary and subsidiary placards and 
    shipping paper information, RSPA and FRA believe that this placard is 
    unnecessary. Further, FRA reports that during the last six years its 
    inspectors cited missing, faded, or incorrect placards on nearly 22,000 
    occasions. By removing the RESIDUE placard requirement, RSPA and FRA 
    believe that offerors will use permanent adhesive placards, such as 
    those used on highway vehicles, thereby increasing compliance with HMR 
    placarding requirements. Also, RSPA and FRA understand that Transport 
    Canada is considering removing the RESIDUE placard from its 
    Transportation of Dangerous Goods Regulations to the extent that, in 
    December 1993, it issued a newsletter asking for public comment. Such 
    an action by Transport Canada would have a direct effect on transborder 
    shipments; consequently, RSPA and FRA believe a proposal to remove this 
    requirement from the HMR is appropriate.
    
    Part 173
    
        Section 173.24b. RSPA is proposing to amend paragraph (a) to 
    recognize the insulation properties of thermal protection applied to 
    tank cars. The proposed rule would allow for a ``mid-range'' 
    temperature for the calculation of outage and filling limits, provided 
    the insulation qualities provide an overall thermal conductance at 
    15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules per hour per 
    square meter per degrees Celsius (0.5 Btu per hour per square foot per 
    degree F) temperature differential. This proposal is based on a 
    petition for rulemaking submitted by the Propane Gas Association of 
    Canada [P-1251], developed in cooperation with Transport Canada.
        Section 173.29. Paragraph (f) would be removed, consistent with the 
    proposed removal of Sec. 172.510(c).
        Section 173.314. Paragraph (b)(5), which contains provisions for 
    marking the proper shipping name of certain Class 2 materials on tank 
    cars, would be removed because these provisions also appear in 
    Sec. 172.330. Paragraph (b)(6) would be redesignated (b)(5) and amended 
    to revise requirements for heat-resistant gaskets. In 1988, the 
    National Transportation Safety Board (NTSB) recommended that FRA: (1) 
    establish performance standards for determining the acceptability of 
    heat-resistant gaskets on tank cars; and (2) evaluate the effect on 
    gasket compatibility and heat-resistant performance of sealants used 
    for installing gaskets on tank cars. NTSB recommended that FRA 
    establish performance criteria to decide what sealant is acceptable and 
    conditions for its use. (Butadiene Release and Fire from GATX 55996 at 
    the CSX Terminal Junction Interchange, New Orleans, Louisiana, 
    September 8, 1987 (NTSB/HZM-88/01)). As a result of the NTSB 
    recommendation, RSPA published an Advanced Notice of Proposed 
    Rulemaking (ANPRM) on May 18, 1990, under Docket HM-175A [Notice 90-8; 
    55 FR 20242] requesting comments on gasket specifications and the use 
    of sealant materials. Commenters to the ANPRM expressed concerns 
    regarding the technical complications for defining gasket 
    specifications in the regulations, since there are many variables in 
    torquing values for the fitting closure/gasket combination and the 
    chemical compatibility of the gasket material. In a Notice of Proposed 
    Rulemaking (NPRM) published October 8, 1993 [58 FR 52574] under Docket 
    HM-175A, RSPA and FRA announced that several 
    
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    topics, including gasket specifications, raised in earlier notices 
    either were too technically complex or insufficiently developed to 
    address in that NPRM and would be handled in a separate rulemaking 
    action.
        Although the commenters to the ANPRM pointed out many technical 
    complications associated with defining gasket specifications for all 
    products authorized in tank cars, RSPA and FRA believe that a 
    performance standard for heat-resistant gaskets is necessary for 
    Division 2.1 materials and anhydrous ammonia to ensure that installed 
    gaskets will not degrade at elevated temperatures (see 
    Sec. 173.314(b)(6) for current requirements). In this NPRM, RSPA is 
    proposing a performance standard for heat-resistant gaskets based on 
    information obtained from the Fluid Sealing Association's Non Metallic 
    Gasket Handbook. The handbook shows that asbestos, a common heat-
    resistant gasket material, has a maximum temperature range of 230-
    340 deg.C (450-650 deg.F). Consequently, RSPA is proposing to specify 
    that a heat-resistant gasket can survive temperatures at or above 
    230 deg.C. This is comparable to the temperature indicated in the Fluid 
    Sealing Association's handbook. This proposal also would expand the use 
    of heat-resistant gaskets to all Division 2.3 materials.
        Commenters stated that to seal a joint, the installed gasket is 
    compressed (by applying a bolt load to the flange body surfaces) into 
    the imperfection of the joint and a tight, leakproof barrier occurs. 
    The use of sealants for installing gaskets is therefore unnecessary and 
    may lead to gasket displacement. Based on these comments, RSPA is 
    proposing to prohibit the use of sealants for installing gaskets on 
    tank cars used to transport Division 2.1 and 2.3 materials and 
    anhydrous ammonia.
        RSPA also is proposing to authorize Class DOT 112J and 112T 
    specification tank cars for the transportation of dimethyl ether. 
    Currently, RSPA only authorizes the use of a DOT 105A300W tank car. 
    This proposal is based on an exemption issued to Aeropres Corporation 
    (DOT-E 11000) and a petition for rulemaking [P-1253]. RSPA also is 
    proposing to remove Note 2 in paragraph (c) of the table. For the entry 
    ``Ammonia, anhydrous or ammonia solutions >50 percent ammonia'' in the 
    second column ``Note 2'' would be revised to read ``Note 3''. This 
    would allow shippers to calculate the outage and filling limits for 
    tank cars based on changes proposed in Sec. 173.24b.
        In addition, paragraph (i), which provides alternate settings for 
    safety relief valves on tank car tanks used for certain commodities, 
    would be removed. Removal of this paragraph is consistent with the 
    proposed consolidation of pressure relief device requirements in 
    Sec. 179.15.
    
    Part 174
    
        In 1985, AAR petitioned RSPA (P-983) to rewrite Part 174, stating 
    that the regulations in this part are ``awkwardly arranged, often 
    redundant, and in many places obsolete.'' AAR supplied a complete 
    rewrite of Part 174 as part of its petition. Subsequently, various 
    rulemaking actions such as HM-175A (final rule adopted improved 
    crashworthiness for tank cars), HM-201 (final rule adopted new methods 
    of tank car testing), HM-181 (mandated performance packaging 
    standards), HM-166 (implemented many detailed changes to the HMR), HM-
    197 (adopted new requirements for TOFC/COFC shipments), and HM-212 
    (considering new standards for tank car unloading and attendance) have 
    addressed numerous suggestions contained in petition P-983. This notice 
    proposes additional changes based on P-983, including simplification of 
    standards for inspection of tank cars by railroads and revisions in 
    documentation requirements of Part 174.
        Section 174.3. This section prohibits a shipment of a hazardous 
    material not prepared in accordance with Parts 171, 172, and 173 from 
    being offered for transportation or transported by rail. The section 
    would be revised to reflect language contained in Parts 175 and 177 for 
    unacceptable hazardous materials shipments.
        Section 174.8 through 174.10. Inspection requirements currently 
    contained in Secs. 174.8, 174.9 and 174.10 would be consolidated into 
    Sec. 174.9 to clarify a railroad's inspection duties at points of 
    origination, interchange points and other locations where rail cars 
    must be inspected. Sections 174.8 and 174.10 would be removed. Section 
    174.9 would require a railroad to inspect each rail car for compliance 
    with the HMR and other conditions that may make the car unsafe for 
    transportation.
        Under FRA's Railroad Freight Car Safety Standards (FCSS [49 CFR 
    Part 215]), each railroad must inspect a freight car at each location 
    where it is placed in a train. The inspection must be made by: (1) a 
    ``designated inspector'' under Sec. 215.11; or (2) a train crew member 
    where a designated employee is not on duty (see Appendix D to Part 
    215). As a rule, train crew members inspect for ``imminent hazardous 
    conditions'' that are likely to cause an accident or casualty before 
    the train arrives at its destination. Examples provided in Appendix D 
    include: car body leaning or listing to one side, objects dragging 
    below, broken or missing safety appliance, lading leaking from a 
    placarded hazardous materials car, and broken or extensively cracked 
    wheel.
        In addition to the requirements above, the HMR require an 
    inspection of each placarded railcar when received in ``interchange.'' 
    This notice proposes to remove the requirement to inspect placarded 
    railcars at interchange, simply because railroad operations now permit 
    the interchange of railroad equipment in outlying locations, usually on 
    mainline track, that may not be acceptable for the performance of a 
    proper inspection. For example, in ``run-through'' train operations, 
    the train crew of the receiving railroad simply assumes responsibility 
    of the train from the delivering train crew. No locomotives or railcars 
    are added or removed. Since the train may exceed one mile in length, 
    portions of the train, including portions that may have a placarded 
    railcar containing a hazardous material, may not be accessible to the 
    receiving train crew because of bridges, tunnels, or terrain.
        As proposed, RSPA would make the locations of inspection consistent 
    with those in the FCSS, issued by the FRA. RSPA does not intend to 
    change the railroad's current inspection practices nor require the 
    railroad to inspect railcars containing a hazardous material on a more 
    frequent basis than the required presently in the HMR and FCSS. The 
    proposed rule simply makes clear that a railroad must inspect a 
    hazardous material laden car at locations that now require an 
    inspection under the FCSS (by the train crew or a designated employee, 
    where such employees are on duty).
        The proposed rule further clarifies that a railroad employee need 
    not climb each railcar to determine if, in fact, the railcar conforms 
    to the HMR. These inspections may be performed at ``ground level.'' 
    Where the rule proposes to require a ground level inspection for 
    ``securement of closures,'' RSPA and FRA believe railroad employees can 
    determine, from the ground, whether or not protective housings are 
    open, whether or not manway openings (on non- or low-pressure tank 
    cars) are in the ``up'' position, and whether or not the manway bonnet 
    cover (on pressure tank cars) is open. At the bottom of the car, FRA 
    and RSPA believe that railroad employees can determine whether or not 
    the bottom outlet cap is in the proper, applied position.
        Section 174.11. Section 174.11 would be removed because it merely 
    references 
    
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    Sec. 171.12a for transportation of Canadian shipments or packagings by 
    rail car within the U.S.
        Section 174.18. Section 174.18 concerning the handling of astray 
    packages of hazardous materials is obsolete; therefore this section 
    would be removed.
        Section 174.24. Shipping paper requirements for rail carriers in 
    Part 174 would be moved to Part 172. Revised Sec. 174.24 would cross-
    reference shipping paper requirements in Part 172.
        Section 174.25. When an accident occurs on the railroad, it is 
    customary to identify the transport vehicle or freight container 
    involved by the use of reporting marks. These marks are used for 
    routing, cost accounting, and for tracing (or locating) individual 
    shipments in the transportation system. If an emergency responder were 
    to ask about the contents of an individual shipment by reporting mark, 
    a rail carrier could provide immediate emergency response information, 
    a copy of the shipping paper, routing information, and the name, 
    telephone number, and location of the shipper. This information is much 
    more detailed than simply conveying to the emergency responder the type 
    of placard applied to the packaging. Consequently, RSPA proposes to 
    remove the ``placard notation'' requirement since it is outdated for 
    emergency response communication. Removing the placard notation 
    requirement would not, however, prohibit individual rail carriers from 
    adopting comparable requirements, if they so choose.
        RSPA also is proposing to remove the requirement for a ``placard 
    endorsement'' placed on a waybill near the reporting mark of each rail 
    car, freight container, transport vehicle, or portable tank that 
    contains a hazardous material when transported by rail. The current 
    rule requires a unique endorsement based on the hazard class of the 
    material shipped. Exceptions to the placard endorsement are provided 
    for materials that do not require placarding (e.g., less than 1,001 
    pounds of a material listed in Sec. 172.504 Table 2, in most types of 
    transport vehicles or freight containers), Class 9 materials, and 
    combustible liquids). RSPA is proposing to remove this requirement 
    because technological advances in the railroad industry have made the 
    use of the placard endorsement no longer necessary to communicate the 
    presence of hazardous materials to railroad workers. As a general rule, 
    railroads now use electronic data interchange and computer generated 
    train consists (or manifests) to communicate the presence of these 
    materials. Responders and railroad workers rely on the hazardous 
    materials description and emergency response information on train 
    consists and printed waybills rather than the placard endorsement. As 
    stated earlier, removing the endorsement would not prohibit individual 
    rail carriers from adopting comparable requirements at their 
    discretion.
        Other shipping paper requirements in this section, including those 
    for tank cars containing the residue of a hazardous material, would 
    either be removed or moved to Part 172.
        Section 174.26. Paragraph (a) would be removed because if a carrier 
    complies with paragraph (b), the carrier also is complying with 
    paragraph (a), except for the ``consecutively numbered notice.'' Based 
    on current railroad technology and computer-based information systems, 
    this notice is obsolete. Paragraphs (b) and (c) would be renumbered 
    paragraphs (a) and (b), respectively. Newly designated paragraph (b) 
    would be revised to reference shipping paper requirements of Part 172 
    and specify use of other forms of car movement documents.
        Section 174.45. This section would be removed because it merely 
    references Secs. 171.15 and 171.16 and is redundant.
        Sections 174.47 and 174.48. These sections contain requirements for 
    forwarding shipments in violation of the HMR and damaged or leaking 
    packages. The provisions in these sections would be consolidated into 
    revised Sec. 174.50.
        Section 174.49. This section concerns the use of open-flame 
    lanterns for the inspection of transport vehicles known to contain 
    flammable liquids and gases. The use of open-flame lanterns is 
    obsolete; therefore, this section would be removed.
        Section 174.50. This section would be revised by consolidating 
    requirements of Secs. 174.47, 174.48, and 174.50 and by removing all 
    obsolete provisions. These sections stipulate that railroads may not 
    forward damaged packages, leaking tank cars (except for necessary short 
    moves), or any tank car found in non-compliance with the HMR, except 
    under the terms of a DOT exemption. RSPA is proposing to simplify the 
    overall principle in these sections by prohibiting the movement of 
    packages that do not conform to the HMR. Packages other than tank cars 
    would have to be repaired, reconditioned, or overpacked prior to 
    subsequent movement. Tank cars would have to be repaired or be moved 
    under conditions approved by FRA's Associate Administrator for Safety. 
    This proposed regulation would allow, for example, the movement of a 
    tank car with an emergency valve repair or capping kit under approved 
    conditions.
        Section 174.55. This section would be revised for clarity. Based on 
    a petition [P-1042] submitted by AAR, suggesting that certain 
    provisions of the existing section are meaningless or confusing, RSPA 
    is proposing to streamline this section.
        Section 174.67. The first sentence in paragraph (k) would be 
    revised to remove the requirement for heater coil inlet and outlet 
    pipes to be left open. This proposed revision is based on a petition 
    [P-942] indicating that these pipes need to be left open only 5% of the 
    time, when steam is applied.
        Section 174.69. This section would be removed, based on a petition 
    from AAR [P-1139], because it conflicts with applicable requirements in 
    Sec. 172.514.
        Section 174.85. Based on corresponding changes in Secs. 172.510 and 
    172.526 to remove provisions for a RESIDUE placard, paragraph (c) would 
    be revised to reference a rail car containing a residue of a hazardous 
    material rather than a rail car placarded ``RESIDUE''.
    
    Part 179
    
        The following sections would be revised by updating certain ASTM 
    specifications and deleting others that are no longer used, based on a 
    petition [P-1023] from AAR: Secs. 179.100-7, 179.100-10, 179.100-20, 
    179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.
        Sections 179.12 through 179.12-7. Sections 179.12-1 through 179.12-
    7 would be removed and Sec. 179.12 would be revised by incorporating 
    provisions from Secs. 179.12-1 and 179.12-5. The design and materials 
    of construction for interior heater coils require AAR approval. This 
    NPRM proposes to remove the DOT specification requirements and allow 
    AAR greater flexibility in approving heater system designs.
        Section 179.15. This section would be added to consolidate pressure 
    relief device requirements and adopt provisions to: (1) increase the 
    start-to-discharge pressure of safety relief devices for tanks that 
    have a burst pressure of 240 psig, while allowing the continued use of 
    existing cars; (2) allow for a reduced orifice in the upstream nozzle 
    of a pressure relief device to accommodate pressure surges; (3) 
    increase the rupture disc burst pressure for cars so equipped; (4) 
    standardize the start-to-discharge pressure setting for all commodities 
    and tank car specifications; and (5) align the start-to-discharge 
    pressure setting for tank cars with that prescribed by the ASME code.
    
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        In this notice, a pressure relief valve means a pressure relief 
    device that is designed to open rapidly, or by opening in proportion to 
    the increase in pressure over the opening pressure, and designed to 
    reclose and prevent further flow of vapor after normal conditions have 
    been restored. A nonreclosing pressure relief device is a pressure 
    relief device actuated by inlet static pressure and designed to 
    function by rupturing (bursting) a pressure containing disc (rupture 
    disc) and remains open after operation.
        Two ANPRMs published under Docket HM-175A (May 15, 1990; 55 FR 
    20242, and August 29, 1990; 55 FR 35327) solicited comments on 
    potential costs and safety benefits derived from improvements to the 
    crashworthiness of tank cars and restrictions on continued use of tank 
    cars in hazardous materials service that no longer meet current safety 
    requirements. RSPA issued the ANPRM, in part, to address an AAR 
    petition requesting an increase in the start-to-discharge pressure of a 
    nonreclosing pressure relief device and a reduction in the size of the 
    upstream nozzle (P-1083). Commenters responding to the ANPRM suggested 
    that tanks with a 60 psig test pressure and built with 7/16 inch wall 
    thicknesses could be converted to a 100 psig tank test pressure 
    (subject to an inspection and AAR approval), but opposed any conversion 
    of DOT 115A or AAR 206W tank cars because of wall thickness. Most 
    commenters supported increasing the start-to-discharge pressure of a 
    nonreclosing pressure relief device to prevent rupture of the disc from 
    in-transit pressure surges.
        The Railway Progress Institute (RPI) suggested in its comment that 
    the optimum flow capacity for a pressure relief device is the minimum 
    required to prevent tank car rupture in fire conditions. The RPI and 
    other commenters opposed increasing the flow capacity of certain 
    pressure relief valves and stated that both large and small capacity 
    pressure relief valves discharge the same amount of product. Large 
    capacity pressure relief valves, as opposed to small capacity valves, 
    release large amounts of product for brief durations.
        A petition for rulemaking submitted by the Chemical Manufacturers 
    Association (CMA) supported the ANPRM and AAR's petition (P-1270). CMA 
    suggested that reclosing pressure relief valves should have a start-to-
    discharge pressure setting consistent with several DOT exemptions for 
    nonreclosing pressure relief devices (i.e., 165 percent of the tank 
    test pressure or 33 percent of the tank burst pressure).
        RSPA published an NPRM under Docket HM-175A on October 8, 1993 (58 
    FR 52574) but did not propose changes to the HMR concerning pressure 
    relief devices. Based on the merit of comments to Docket HM-175A and a 
    petition for rulemaking [P-1083], RSPA is proposing to consolidate the 
    pressure relief device requirements now contained in Secs. 173.314(i), 
    179.100-15, 179.200-18, 179.201-7, and 179.220-19 into a new 
    Sec. 179.15. This proposal incorporates a performance-based flow 
    capacity requirement to prevent excess pressure build-up within the 
    tank, under fire conditions for both reclosing and nonreclosing 
    pressure relief devices. Further, RSPA is not proposing an increase in 
    the flow capacity of a pressure relief device (including those devices 
    used on tank cars transporting materials toxic by inhalation), based on 
    comments received to Docket HM-175A.
        For most tank car specifications, the current start-to-discharge 
    pressure setting for pressure relief devices is 30 percent of the tank 
    burst pressure (33 percent of the tank burst pressure for certain 
    commodities listed in Sec. 173.314(i) and in two DOT exemptions: DOT-E 
    10288 and DOT-E 10328). Flow capacity of the pressure relief device is 
    set at 33 percent of the tank burst pressure. For nonpressure tank car 
    specifications, however, the start-to-discharge pressure setting of a 
    pressure relief device is about 15 percent of the tank burst pressure. 
    To allow for an equivalent start-to-discharge pressure setting for both 
    pressure and nonpressure tank car specifications, RSPA is proposing a 
    start-to-discharge pressure setting of up to 33 percent of the tank 
    burst pressure for all commodities and specifications. Based on the 
    physical-chemical properties of the material (vapor pressure, static 
    head, and gas padding pressure of the product within the tank), this 
    notice also proposes to authorize a reduction in the start-to-discharge 
    pressure setting. This proposal is consistent with Section VIII, UG-
    125, of the American Society of Mechanical Engineers Pressure Vessels 
    Code (ASME) and an exemption (DOT-E 11184) that authorizes the 
    transportation of certain flammable liquid products in DOT 105J300W 
    tank cars having a start-to-discharge pressure setting of 75 psig as 
    opposed to 225 psig. Further, because of costs associated with 
    modifying existing tank cars to conform to this proposed requirement 
    and because there is no apparent safety reason to require any 
    modification to existing tank cars, this NPRM proposes to allow the 
    continued use of tank cars having a start-to-discharge pressure set at 
    15 percent of burst.
        In addition, this notice proposes that a tank car equipped with a 
    nonreclosing pressure relief device must have installed a rupture disc 
    designed to burst at 33 percent of the tank burst pressure within one 
    year after any final rule issued in this docket. For example, a DOT 
    111A100W2 tank car would have a rupture disc designed to burst at 165 
    psig within one year after any final rule issued in this docket. This 
    proposal is based on provisions in several exemptions (e.g., DOT-E 
    10118 and DOT-E 10354), several petitions for rulemaking, and the 
    number of rupture disc failures reported to RSPA's Hazardous Materials 
    Information System.
        The location for pressure relief devices would be revised in 
    proposed paragraph (g) to allow for the mounting of pressure relief 
    valves on a hinged manway cover plate. The current regulations require 
    mounting a pressure relief valve on the tank dome, manway cover plate, 
    or on a nozzle on top of the tank shell. This notice proposes to 
    require a pressure relief device to communicate with the vapor space 
    above the lading.
        Sections 179.100-15, 179.200-18, 179.201-7, and 179.220-19. These 
    sections contain provisions for safety relief devices. For consistency 
    with the proposed consolidation of safety relief device provisions in 
    Sec. 179.15, RSPA is proposing to remove these sections from the HMR.
        Sections 179.101-1 and 179.201-1. RSPA proposes to revise 
    individual specification requirements for pressure tank cars and non-
    pressure tank cars, respectively. The proposed revisions will correct 
    many typographical errors and remove several special references that 
    are no longer applicable. RSPA also proposes to add a new class ``DOT 
    120A'' specification tank car and a new ``DOT 111A60W6'' specification 
    tank car in the table based on two petitions for rulemaking [P-1044 and 
    P-1119] from AAR. Furthermore, RSPA proposes to remove certain entries 
    from the table since these provisions are currently found in the text 
    proceeding the table (see for example Secs. 179.200-11, 179.200-14, and 
    179.200-16).
        Section 179.102-4. Paragraph (d), which specifies at least one 
    safety relief valve on a tank car tank used to transport vinyl 
    fluoride, inhibited, would be removed, consistent with the proposed 
    consolidation of safety relief device provisions in Sec. 179.15. In 
    
    [[Page 65497]]
    addition, paragraphs (b) and (c) would be redesignated paragraphs (a) 
    and (b), paragraphs (e) through (k) would be redesignated paragraphs 
    (c) through (i), and reserved paragraph (l) would be removed.
        Section 179.103-5. Based on the merits of a petition [P-1048] 
    submitted by AAR, paragraph (b)(2) would be revised to adopt 
    requirements for the attachment of unloading connections for bottom 
    outlets on pressure tank cars. This proposed revision would reflect 
    existing requirements for bottom outlets on non-pressure tank cars.
        Section 179.200-7. In addition to the proposed revision of the 
    paragraph (b) table discussed previously, certain ASTM specifications 
    would be revised to remove references to outdated publications. The 
    entry for ASTM B 209-70, Alloy 6061 would be removed, as would 
    footnotes 4 and 5 associated with that entry. Footnote 2 following the 
    paragraph (d) table would be revised to reference Practice A of ASTM A 
    262-85, which is a definitive, rapid method of identifying, by simple 
    etching, those specimens free of susceptibility to intergranular 
    attack. This revision is based on a petition [P-1049] from AAR, and 
    also requests referencing this Footnote 2 in Sec. 179.201-4.
        Section 179.200-14. The first sentence of paragraph (a) and the 
    first sentence of paragraph (b) would be revised to recognize the new 
    outage and filling limits for tank cars adopted in Docket HM-181.
        Section 179.200-16. RSPA is proposing to revise the first sentence 
    in paragraph (d) to require an outage scale visible through the manway 
    opening when using a gaging device. This revision is based on the 
    proposed changes to Sec. 179.201-1.
        Section 179.200-24. The reference to ``ASTM A 285C'' would be 
    revised to read ``ASTM A 516''.
        Section 179.201-4. This section specifies material requirements for 
    fittings, tubes, castings, projections, and closures. Based on a 
    petition [P-1049] submitted by AAR, this section would be revised to 
    refer to Footnote 2 of Sec. 179.200-7(d) rather than the AAR 
    Specifications.
        Section 179.221-1. RSPA is proposing to revise the class DOT 115A 
    specification table as noted in the discussion of Secs. 179.101-1 and 
    179.201-1.
        Sections 179.222, 179.222-1, and 179.500-17. These sections would 
    be removed because identical provisions are contained elsewhere in the 
    HMR.
    
    II. Rulemaking Analyses and Notices
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        This proposed rule is not considered a significant regulatory 
    action under section 3(f) of Executive Order 12866 and therefore, was 
    not reviewed by the Office of Management and Budget. The rule is not 
    considered a significant rule under the Regulatory Policies and 
    Procedures of the Department of Transportation [44 FR 11034].
        The economic impact of this proposed rule is expected to result in 
    only minimal costs to certain persons subject to the HMR and may result 
    in modest cost savings to a small number of persons subject to the HMR 
    and to the agency. Because of the minimal economic impact of this rule, 
    preparation of a regulatory impact analysis or a regulatory evaluation 
    is not warranted. This certification may be revised as a result of 
    public comment.
    
    B. Executive Order 12612
    
        This proposed rule has been analyzed in accordance with the 
    principles and criteria contained in Executive Order 12612 
    (``Federalism''). Federal law expressly preempts State, local, and 
    Indian tribe requirements applicable to the transportation of hazardous 
    material that cover certain subjects and are not substantively the same 
    as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:
        (A) The designation, description, and classification of hazardous 
    material;
        (B) The packing, repacking, handling, labeling, marking, and 
    placarding of hazardous material;
        (C) The preparation, execution, and use of shipping documents 
    pertaining to hazardous material, and requirements respecting the 
    number, content, and placement of such documents;
        (D) The written notification, recording, and reporting of the 
    unintentional release in transportation of hazardous material; or
        (E) The design, manufacturing, fabrication, marking, maintenance, 
    reconditioning, repairing, or testing of a package or container which 
    is represented, marked, certified, or sold as qualified for use in the 
    transportation of hazardous material.
        If adopted as final, this rule would preempt State, local, or 
    Indian tribe requirements concerning these subjects unless the non-
    Federal requirements are ``substantively the same'' (see 49 CFR 
    107.202(d) as the Federal requirements.
        Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a 
    regulation concerning any of the covered subjects, after November 16, 
    1990, DOT must determine and publish in the Federal Register the 
    effective date of Federal preemption. The effective date may not be 
    earlier than the 90th day following the date of issuance of the final 
    rule and not later than two years after the date of issuance. RSPA 
    requests comments on what the effective date of Federal Preemption 
    should be for the requirements in this proposed rule that concern 
    covered subjects.
    
    C. Regulatory Flexibility Act
    
        This proposed rule would respond to petitions for rulemaking. It is 
    intended to provide clarification of the regulations and relax certain 
    requirements. Therefore, I certify that this proposal will not, if 
    promulgated, have a significant economic impact on a substantial number 
    of small entities. This certification is subject to modification as a 
    result of a review of comments received in response to this proposal.
    
    D. Paperwork Reduction Act
    
        There are no new information collection requirements in this 
    proposed rule.
    
    E. Regulation Identifier Number (RIN)
    
        A regulation identifier number (RIN) is assigned to each regulatory 
    action listed in the Unified Agenda of Federal Regulations. The 
    Regulatory Information Service Center publishes the Unified Agenda in 
    April and October of each year. The RIN number contained in the heading 
    of this document can be used to cross-reference this action with the 
    Unified Agenda.
    
    List of Subjects
    
    49 CFR Part 171
    
        Exports, Hazardous materials transportation, Hazardous waste, 
    Imports, Incorporation by reference, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 172
    
        Hazardous materials transportation, Hazardous waste, Labels, 
    Markings, Packaging and containers, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 173
    
        Hazardous materials transportation, Packaging and containers, 
    Radioactive materials, Reporting and recordkeeping requirements, 
    Uranium.
    
    49 CFR Part 174
    
        Hazardous materials transportation, Radioactive materials, Railroad 
    safety. 
    
    [[Page 65498]]
    
    
    49 CFR Part 179
    
        Hazardous materials transportation, Railroad safety, Reporting and 
    recordkeeping requirements.
    
        In consideration of the foregoing, 49 CFR Chapter I would be 
    amended as follows:
    
    PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
    
        1. The authority citation for Part 171 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 171.7  [Amended]
    
        2. In Sec. 171.7, in the table in paragraph (a)(3), the following 
    changes are made:
        a. The following entries would be removed: ASTM A 53-69a, ASTM A 
    178-70, ASTM A 192-69, ASTM A 269-69, ASTM A 312-70a, ASTM B 161-70, 
    ASTM B 210-70, ASTM B 221-76, ASTM B 241-76.
        b. For the entry ``ASTM A 20-81'', the reference ``20-81'' would be 
    revised to read ``A 20-94''.
        c. For the entry ``ASTM A 240-82'', the reference ``240-82'' would 
    be revised to read ``240-94'', and the wording ``Fusion-Welded 
    Unfired'' would be removed.
        d. For the entry ``ASTM A 262-68'', the reference ``262-68'' would 
    be revised to read ``262-93'', the word ``Recommended'' would be 
    removed and the word ``Standard'', added in its place and the word 
    ``Austenitic'' would be added immediately before ``Stainless Steels''.
        e. For the entry ``ASTM A 302-78'', the reference ``302-78'' would 
    be revised to read ``302-93''.
        f. For the entry ``ASTM A 370-77'', the reference ``370-77'' would 
    be revised to read ``370-94'', the word ``Test'' would be added 
    immediately following the word ``Standard'' and the word ``Definition'' 
    would be revised to read ``Definitions''.
        g. For the entry ``ASTM A 515-69'', the reference ``515-69'' would 
    be revised to read ``515-92'', and the wording ``Carbon Steel Plates 
    for Pressure Vessels'' would be removed and the wording ``Standard 
    Specification for Pressure Vessel Plates, Carbon Steel'' would be added 
    in its place.
        h. For the entry ``ASTM A 516-79b'', the reference ``516-79b'' 
    would be revised to read ``516-90''.
        i. For the entry ``ASTM A 537-80'', the reference ``537-80'' would 
    be revised to read ``537-91''.
        j. For the entry ``ASTM B 162-69'', the reference ``162-69'' would 
    be revised to read ``162-93''.
        k. For the entry ``ASTM B 209-69'', the reference ``209-69'' would 
    be revised to read ``209-93'' and the wording ``Aluminum Alloy'' would 
    be revised to read ``Aluminum and Aluminum-Alloy''.
    
    PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
    MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND 
    TRAINING REQUIREMENTS
    
        3. The authority citation for Part 172 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
    
    Sec. 172.101  [Amended]
    
        4. In Sec. 172.101, in the Hazardous Materials Table, the following 
    changes would be made:
        a. For the following entries, in Column (7), Special Provision 
    ``B12,'' would be removed:
    
    Acrolein, inhibited;
    Bromine or Bromine solutions;
    Bromine chloride;
    Dinitrogen tetroxide, liquefied;
    Formic acid;
    Hydrocyanic acid, aqueous solutions or Hydrogen cyanide, aqueous 
    solutions with not more than 20 percent hydrogen cyanide;
    Hydrocyanic acid, aqueous solutions with less than 5 percent hydrogen 
    cyanide;
    Hydrofluoric acid, solution, with more than 60 percent strength;
    Hydrofluoric acid, solution, with not more than 60 percent strength;
    Hydrogen cyanide, stabilized with less than 3 percent water;
    Hydrogen fluoride, anhydrous;
    Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with 
    acids, water and not more than 5 percent peroxyacetic acid;
    Hydrogen peroxide, aqueous solutions with more than 40 percent but not 
    more than 60 percent hydrogen peroxide (stabilized as necessary);
    Hydrogen peroxide, aqueous solutions with not less than 20 percent but 
    not more than 40 percent hydrogen peroxide (stabilized as necessary);
    Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions, 
    stabilized with more than 60 percent hydrogen peroxide;
    Motor fuel anti-knock mixtures;
    Nitric acid other than red fuming, with more than 70 percent nitric 
    acid;
    Nitric acid other than red fuming, with not more than 70 percent nitric 
    acid;
    Nitric oxide;
    Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide and 
    nitrogen dioxide mixtures;
    Perchloryl fluoride;
    Phosphorus, amorphous;
    Phosphorus, white dry or Phosphorus, white, under water or Phosphorus, 
    white, in solution or Phosphorus, yellow dry or Phosphorus, yellow, 
    under water or Phosphorus, yellow, in solution;
    Phosphorous white, molten;
    Potassium nitrate and sodium nitrite mixtures;
    Sulfur trioxide, inhibited; and
    Sulfur trioxide, uninhibited.
    
        b. For the entries ``Carbon dioxide, solid or Dry ice'' and 
    ``Potassium permanganate'', in Column (7), Special Provision ``B12'' 
    would be removed.
        c. For the entry ``Dimethylhydrazine, unsymmetrical'', in Column 
    (7), Special Provision ``B79,'' would be removed.
        5. In Sec. 172.102, in paragraph (c)(3), Special Provisions B12 and 
    B79 would be removed and Special Provisions B42, B65, B71, B72, B74, 
    B76 and the first sentence of B78 would be revised to read as follows:
    
    
    Sec. 172.102  Special provisions.
    
    * * * * *
        (c) * * *
        (3) * * *
    
    Code/Special Provisions
    
    * * * * *
        B42  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
    or greater and conform to Class 105J. Each tank car must have a 
    safety relief device having a start-to-discharge pressure of 10.34 
    Bar (150 psig). The tank car specification may be marked to indicate 
    a test pressure of 13.79 Bar (200 psig).
    * * * * *
        B65  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
    or greater and conform to Class 105J. Each tank car must have a 
    safety relief device having a start-to-discharge pressure of 15.51 
    Bar (225 psig). The tank car specification may be marked to indicate 
    a test pressure of 20.68 Bar (300 psig).
    * * * * *
        B71  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
    or greater and conform to Class 105, 112, or 114.
        B72  Tank cars must have a test pressure of 34.47 Bar (500 psig) 
    or greater and conform to Class 105J, 106, or 110.
        B74  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
    or greater and conform to Class 105S, 106, 110, 112J, or 114J.
        B76  Tank cars must have a test pressure of 20.68 Bar (300 psig) 
    or greater and conform to Class 105S, 112J, or 114J. Each tank car 
    must have a safety relief device having a start-to-discharge 
    pressure of 10.34 Bar (150 psig). The tank car specification may be 
    marked to indicate a test pressure of 13.79 Bar (200 psig).
    * * * * *
        B78  Tank cars must have a test pressure of 4.14 Bar (60 psig) 
    or greater and conform to Class 103, 104, 105, 109, 111, 112, or 
    114. * * *
    * * * * * 
    
    [[Page 65499]]
    
    
    
    Sec. 172.102  [Amended]
    
        6. In addition, in Sec. 172.102, in paragraph (c)(3), the following 
    changes would be made:
        a. For Special Provision B4, the wording ``AAR 206 tank car tanks 
    and'' would be removed.
        b. For Special Provision B5, the wording ``DOT 103 ALW, 111A60 ALW 
    tank car tanks and'' would be removed.
        c. For Special Provision B10, the wording ``AAR 206 tank car 
    tanks,'' would be removed.
        d. For Special Provision B57, the wording ``complying with 
    Sec. 179.221-1 of this subchapter and the outer shell must be stenciled 
    ``CHLOROPRENE'' on both sides in letters not less than 102 mm (4 
    inches) high'' would be removed.
        7. In Sec. 172.203, paragraphs (e)(2) and (g) would be revised to 
    read as follows:
    
    
    Sec. 172.203  Additional description requirements.
    
    * * * * *
        (e) * * *
        (2) The description on the shipping paper for a tank car containing 
    the residue of a hazardous material must include the phrase, ``RESIDUE: 
    LAST CONTAINED. . .'' before the basic description.
    * * * * *
        (g) Transportation by rail. (1) The shipping paper for a rail car, 
    freight container, transport vehicle, or portable tank that contains a 
    hazardous material must include the reporting mark and number of the 
    rail car, freight container, transport vehicle, or portable tank.
        (2) The shipping paper for each DOT-113 tank car containing a 
    Division 2.1 material or its residue must contain an appropriate 
    notation, such as ``DOT 113'', and the statement ``Do not hump or cut 
    off car while in motion.''
        (3) When shipments of elevated temperature materials are 
    transported under the exception permitted in Sec. 173.247(h)(3) of this 
    subchapter, the shipping paper must contain an appropriate notation, 
    such as ``Maximum operating speed 15 mph.''.
    * * * * *
        8. In Sec. 172.205, paragraph (f) would be revised to read as 
    follows:
    
    
    Sec. 172.205  Hazardous waste manifest.
    
    * * * * *
        (f) Transportation by rail. Notwithstanding the requirements of 
    paragraphs (d) and (e) of this section, the following requirements 
    apply:
        (1) When accepting hazardous waste from a non-rail transporter, the 
    initial rail transporter must:
        (i) Sign and date the manifest acknowledging acceptance of the 
    hazardous waste;
        (ii) Return a signed copy of the manifest to the non-rail 
    transporter;
        (iii) Forward at least three copies of the manifest to:
        (A) The next non-rail transporter, if any; or
        (B) The designated facility, if the shipment is delivered to that 
    facility by rail; or
        (C) The last rail transporter designated to handle the waste in the 
    United States; and
        (iv) Retain one copy of the manifest and rail shipping paper in 
    accordance with 40 CFR 263.22.
        (2) Rail transporters must ensure that a shipping paper containing 
    all the information required on the manifest (excluding the EPA 
    identification numbers, generator certification and signatures) and, 
    for exports, an EPA Acknowledgment of Consent accompanies the hazardous 
    waste at all times. Intermediate rail transporters are not required to 
    sign either the manifest or shipping paper.
        (3) When delivering hazardous waste to the designated facility, a 
    rail transporter must:
        (i) Obtain the date of delivery and handwritten signature of the 
    owner or operator of the designated facility on the manifest or the 
    shipping paper (if the manifest has not been received by the facility); 
    and
        (ii) Retain a copy of the manifest or signed shipping paper in 
    accordance with 40 CFR 263.22.
        (4) When delivering hazardous waste to a non-rail transporter a 
    rail transporter must:
        (i) Obtain the date of delivery and the handwritten signature of 
    the next non-rail transporter on the manifest; and
        (ii) Retain a copy of the manifest in accordance with 40 CFR 
    263.22.
        (5) Before accepting hazardous waste from a rail transporter, a 
    non-rail transporter must sign and date the manifest and provide a copy 
    to the rail transporter.
    * * * * *
        9. In Sec. 172.330, paragraph (a)(1) would be revised to read as 
    follows:
    
    
    Sec. 172.330  Tank cars and multi-unit tank car tanks.
    
        (a) * * *
        (1) In a tank car unless the following conditions are met:
        (i) The tank car must be marked on each side and each end as 
    required by Sec. 172.302 with the identification number specified for 
    the material in the Sec. 172.101 Table; and
        (ii) A tank car containing any of the following materials must be 
    marked on each side with the key words of the proper shipping name 
    specified for the material in the Sec. 172.101 Table, or with a common 
    name authorized for the material in this subchapter (e.g., 
    ``Refrigerant Gas''):
        (A) Division 2.1 or Division 2.3 materials;
        (B) Anhydrous ammonia or an ammonia solution with more than 50% 
    ammonia;
        (C) A refrigerant or dispersant gas, as defined in Sec. 173.115 of 
    this subchapter;
        (D) Bromine or bromine solutions;
        (E) Chloroprene, inhibited;
        (F) Hydrogen cyanide; or
        (G) A Division 2.2 material in a Class DOT 107 tank car.
    * * * * *
        10. In Sec. 172.510, paragraph (a) would be revised, paragraphs (b) 
    and (c) would be removed, and paragraphs (d) and (e) would be 
    redesignated as paragraphs (b) and (c), respectively, to read as 
    follows:
    
    
    Sec. 172.510  Special placarding provisions: Rail.
    
        (a) White square background. The following must have the specified 
    placards placed on a white square background, as described in 
    Sec. 172.527:
        (1) Division 1.1 and 1.2 (explosive) materials which require 
    EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
        (2) Materials poisonous by inhalation in Hazard Zone A, including 
    tank cars containing only a residue of the material; and
        (3) Class DOT 113 tank cars used to transport a Division 2.1 
    (flammable gas) material, including tank cars containing only a residue 
    of the material.
    * * * * *
    
    
    Sec. 172.526  [Removed and reserved]
    
        11. Section 172.526 would be removed and reserved.
    
    PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
    PACKAGINGS
    
        12. The authority citation for Part 173 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.
    
        13. In Sec. 173.24b, paragraph (a)(3) would be removed and 
    paragraph (a)(1) would be revised to read as follows:
    
    
    Sec. 173.24b  Additional general requirements for bulk packagings.
    
        (a) Outage and filling limits. (1) Liquids and liquefied gases must 
    be so loaded that the outage is at least one percent (two percent for 
    anhydrous ammonia and five percent for materials poisonous by 
    inhalation) of the total capacity of a cargo tank, portable tank, tank 
    car (including dome capacity), 
    
    [[Page 65500]]
    multi-unit tank car tank, or any compartment thereof, at the following 
    reference temperatures--
        (i) 46 deg.C (115 deg.F) for noninsulated tanks;
        (ii) 43 deg.C (110 deg.F) for tank cars having a thermal protection 
    system, incorporating a metal jacket, that provides an overall thermal 
    conductance at 15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules 
    per hour per square meter per degrees Celsius (0.5 Btu per hour/ per 
    square foot/ per degree F) temperature differential; or
        (iii) 41 deg.C (105 deg.F) for insulated tanks.
    * * * * *
    
    
    Sec. 173.29  [Amended]
    
        14. In Sec. 173.29, paragraph (f) would be removed and reserved.
        15. In Sec. 173.314, as currently in effect, paragraph (b)(5) would 
    be removed, paragraph (b)(6) would be redesignated as paragraph (b)(5) 
    and revised, and paragraph (i) would be removed and reserved, to read 
    as follows:
    
    
    Sec. 173.314  Requirements for compressed gases in tank car tanks.
    
    * * * * *
        (b) * * *
        (5) Each tank car used for the transportation of a Division 2.1 or 
    2.3 material or anhydrous ammonia must have gaskets capable of 
    surviving temperatures at or above 230 deg.C (450 deg.F). The use of 
    sealants to install gaskets is prohibited.
    * * * * *
    
    
    Sec. 173.314  [Amended]
    
        16. In addition, in Sec. 173.314, as amended at 60 FR 49074, 
    effective July 1, 1996, the following changes would be made:
        a. In the paragraph (c) table, in Column 2, for the entry 
    ``Ammonia, anhydrous, or ammonia solutions >50 percent ammonia'', 
    ``Note 2'' would be removed and ``Note 3'' added in its place.
        b. In paragraph (c), in Column 3, for the entry ``Dimethyl ether'', 
    the class designations ``112'' and ``114'' would be added in 
    appropriate numerical order.
        c. In the notes following the paragraph (c) table, Note 2, would be 
    removed and reserved.
    
    PART 174--CARRIAGE BY RAIL
    
        17. The authority citation for Part 174 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        18. Section 174.3 would be revised to read as follows:
    
    
    Sec. 174.3  Unacceptable hazardous materials shipments.
    
        No person may accept for transportation or transport by rail any 
    shipment of hazardous material that is not in accordance with the 
    requirements of this subchapter.
    
    
    Sec. 174.8  [Removed]
    
        20. Section 174.8 would be removed.
        21. Section 174.9 would be revised to read as follows:
    
    
    Sec. 174.9  Inspection and acceptance.
    
        At each location where a hazardous material is accepted for 
    transportation or placed in a train, the carrier shall externally 
    inspect each rail car containing the hazardous material, at ground 
    level, for required markings, labels, placards, securement of closures, 
    leakage, and for the requirements of part 215 of this title.
    
    
    Sec. 174.10  [Removed]
    
        22. Section 174.10 would be removed.
    
    
    Sec. 174.11  [Removed]
    
        23. Section 174.11 would be removed.
    
    
    Sec. 174.18  [Removed]
    
        24. Section 174.18 would be removed.
        25. Section 174.24 would be revised to read as follows:
    
    
    Sec. 174.24  Shipping papers.
    
        A carrier may not accept or transport a hazardous material by rail 
    unless the material is properly described on a shipping paper in the 
    manner prescribed in part 172 of this subchapter. An originating 
    carrier must have a copy of the shipping paper that bears the shipper's 
    certification as required by Sec. 172.204 of this subchapter.
    
    
    Sec. 174.25  [Removed]
    
        26. Section 174.25 would be removed.
        27. In Sec. 174.26, paragraph (a) would be removed, paragraphs (b) 
    and (c) would be redesignated as paragraphs (a) and (b), respectively, 
    and newly redesignated paragraph (b) would be revised to read as 
    follows:
    
    
    Sec. 174.26  Notice to train crews of placarded cars.
    
    * * * * *
        (b) A member of the train crew of a train transporting a hazardous 
    material must have a copy of the shipping papers, train consist, or 
    other car movement document for the hazardous material being 
    transported showing the information required by part 172 of this 
    subchapter.
    
    
    Sec. 174.45  [Removed]
    
        28. Section 174.45 would be removed.
    
    
    Secs. 174.47 through 174.49  [Removed]
    
        29. Sections 174.47, 174.48 and 174.49 would be removed.
        30. Section 174.50 would be revised to read as follows:
    
    
    Sec. 174.50  Leaking packages.
    
        Leaking packages other than tank cars may not be forwarded until 
    repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of 
    this subchapter. Except as otherwise provided, a tank car that no 
    longer conforms to this subchapter may not be forwarded unless repaired 
    or approved, in writing, for movement by the Associate Administrator 
    for Safety, Federal Railroad Administration. For the applicable address 
    and telephone number, see part 107, appendix A, of this chapter. A 
    leaking tank car containing any hazardous material may be switched to a 
    location distant from habitation and highways if the move can be safely 
    made and, in the case of a liquid leak, if precautions are taken 
    against the spread of the liquid.
        31. Section 174.55 would be revised to read as follows:
    
    
    Sec. 174.55  General requirements.
    
        (a) Except as otherwise provided, each packaging containing 
    hazardous materials being transported by rail must be secured within 
    the transport vehicle so that the packaging will not become damaged to 
    an extent that would affect its integrity under conditions normally 
    incident to rail transportation.
        (b) Each package of hazardous materials bearing package orientation 
    markings prescribed in Sec. 172.312 of this subchapter must be secured 
    within the transport vehicle in accordance with the orientation 
    indicated by the markings.
        (c) The doors of the transport vehicle may not be used as support 
    for the securement system or the package beyond their design strength 
    as required by the AAR's Manual of Standards and Recommended Practices, 
    Specification M-930 (for containers) and M-931 (for trailers).
    
    
    Sec. 174.67  [Amended]
    
        32. In Sec. 174.67, in paragraph (k), the wording ``, except that 
    heater coil inlet and outlet pipes must be left open for drainage'' 
    would be removed.
    
    
    Sec. 174.69  [Removed]
    
        33. Section 174.69 would be removed.
        34. Section 174.85 would be amended by revising paragraph (c) to 
    read as follows:
    
    
    Sec. 174.85  Position in train of placarded cars, transport vehicles, 
    freight containers, and bulk packagings.
    
    * * * * * 
    
    [[Page 65501]]
    
        (c) A rail car containing the residue of a hazardous material must 
    be separated from a locomotive or occupied caboose by at least one non-
    placarded rail car.
    * * * * *
    
    PART 179--SPECIFICATIONS FOR TANK CARS
    
        35. The authority citation for part 179 would continue to read as 
    follows:
    
        Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.
    
        36. Section 179.12 would be revised to read as follows:
    
    
    Sec. 179.12  Interior heater systems.
    
        (a) Interior heater systems shall be of approved design and 
    materials. If a tank is divided into compartments, a separate system 
    shall be provided for each compartment.
        (b) Each interior heater system shall be hydrostatically tested at 
    not less than 13.79 bar (200 psi) and shall hold the pressure for 10 
    minutes without leakage or evidence of distress.
    
    
    Secs. 179.12-1 through 179.12-7  [Removed]
    
        37. Sections 179.12-1 through 179.12-7 would be removed.
        38. Section 179.15 would be added to read as follows:
    
    
    Sec. 179.15  Pressure relief devices.
    
        Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must 
    have a pressure relief system that conforms to the following 
    requirements:
        (a) Performance standard. Each tank must have a pressure relief 
    system having sufficient flow capacity to prevent pressure build-up in 
    the tank to no more than the flow rating pressure of the pressure 
    relief device in fire conditions as defined in Appendix A of the 
    Association of American Railroads Specifications for Tank Cars.
        (b) Settings for pressure relief valves. (1) Except as provided in 
    paragraph (b)(2) of this section, a reclosing pressure relief valve 
    must have a minimum start-to-discharge pressure equal to the sum of the 
    lading vapor pressure at the reference temperature (46  deg.C (115 
    deg.F) for noninsulated tanks, 41  deg.C (105  deg.F) for insulated 
    tanks) plus the static head plus gas padding pressure. The start-to-
    discharge pressure may not be lower than 5.17 Bar (75 psig) or exceed 
    33 percent of the minimum tank burst pressure.
        (2) Tanks built prior to [one year after publication of final rule] 
    having a minimum tank burst pressure of 34.47 Bar (500 psig) or less 
    may be equipped with a reclosing pressure relief valve having a start-
    to-discharge pressure of not less than 14.5 percent of the minimum tank 
    burst pressure but no more than 33 percent of the minimum tank burst 
    pressure.
        (3) The vapor tight pressure of a reclosing pressure relief valve 
    must be at least 80 percent of the start-to-discharge pressure.
        (4) The valve flow rating pressure must be 110 percent of the 
    start-to-discharge pressure for tanks having a minimum tank burst 
    pressure greater than 34.47 Bar (500 psig) and from 110 percent to 130 
    percent for tanks having a minimum tank burst pressure less than or 
    equal to 34.47 Bar (500 psig).
        (5) The tolerance for a reclosing pressure relief valve is 
     3 psi for valves with a start-to-discharge pressure of 
    6.89 Bar (100 psig) or less and  3 percent for valves with 
    a start-to-discharge pressure greater than 6.89 Bar (100 psig).
        (c) Flow capacity of pressure relief systems. The total flow 
    capacity of each reclosing and nonreclosing pressure relief device must 
    conform to Appendix A of the Association of American Railroads 
    Specifications for Tank Cars.
        (d) Flow capacity tests. The manufacturer of any reclosing or 
    nonreclosing pressure relief device must design and test the device in 
    accordance with Appendix A of the Association of American Railroads 
    Specifications for Tank Cars.
        (e) Combination pressure relief systems. (1) When a reclosing 
    pressure relief valve is used in combination with a breaking pin 
    device, the breaking pin must be designed to fail at the start-to-
    discharge pressure specified in paragraph (b) of this section, and the 
    reclosing pressure relief valve must be designed to discharge at 95 
    percent of the start-to-discharge pressure.
        (2) When a reclosing pressure relief valve is used in combination 
    with a rupture disc, the rupture disc must be designed to fail at the 
    start-to-discharge pressure specified in paragraph (b) of this section, 
    and the reclosing pressure relief valve must be designed to discharge 
    95 percent of the start-to-discharge pressure. A device must be 
    installed to detect any accumulation of pressure between the rupture 
    disc and the reclosing pressure relief valve. The detection device must 
    be a needle valve, trycock, or tell-tale indicator. The detection 
    device must be closed during transportation.
        (f) Non-reclosing pressure relief device. In addition to paragraphs 
    (a), (c), and (d) of this section, a nonreclosing pressure relief 
    device must conform to the following requirements:
        (1) After [one year after publication of final rule], a non-
    reclosing pressure relief device must incorporate a rupture disc 
    designed to burst at 33 percent of the tank burst pressure.
        (2) The approach channel and the discharge channel may not reduce 
    the required minimum flow capacity of the pressure relief device.
        (3) The nonreclosing pressure relief device must be designed to 
    prevent interchange with other fittings installed on the tank car, must 
    have a structure that encloses and clamps the rupture disc in position 
    (preventing any distortion or damage to the rupture disc when properly 
    applied), and must have a cover, with suitable means of preventing 
    misplacement, designed to direct any discharge of the lading downward.
        (4) The nonreclosing pressure relief device must be closed with a 
    rupture disc that is compatible with the lading and manufactured in 
    accordance with Appendix A of the AAR Specifications for Tank Cars.
        (g) Location of relief devices. Each pressure relief device must 
    communicate with the vapor space above the lading on the longitudinal 
    center line as near as practicable to the center of the tank.
        (h) Marking of pressure relief devices. Each pressure relief device 
    and rupture disc must be permanently marked in accordance with the 
    Appendix A of the Association of American Railroads Specifications for 
    Tank Cars.
        39. In Sec. 179.100-7, the table following paragraph (a) would be 
    revised to read as follows:
    
    
    Sec. 179.100-7  Materials.
    
        (a) * * *
    
    ------------------------------------------------------------------------
                                                                  Minimum   
                                                   Minimum     elongation in
                                                   tensile       2 inches   
                  Specifications                  strength       (percent)  
                                                  (p.s.i.)        welded    
                                                   welded        condition  
                                                  condition   (longitudinal)
    -------------------------------------------------\1\--------------------
    ASTM A 516................................       70,000             20  
    AAR TC128, Gr. B..........................       81,000             19  
    ASTM A 537, Class 1.......................       70,000             23  
    ASTM A 302, Gr. B.........................       80,000            20   
    ------------------------------------------------------------------------
    \1\ Maximum stresses to be used in calculations.                        
    
    * * * * *
    
    
    Sec. 179.100-7  [Amended]
    
        40. In addition, in Sec. 179.100-7, the following changes would be 
    made:
        a. In the table following paragraph (b), the last entry ``ASTM B 
    209-70, Alloy 6061 \4\'' would be removed, and the wording ``209-70'' 
    would be revised to read ``209'' each place it appears.
        b. In the footnotes to the paragraph (b) table, Footnotes 4 and 5 
    would be 
    
    [[Page 65502]]
    removed and Footnote 6 would be redesignated as Footnote 4.
        c. In the table following paragraph (c)(1), the wording ``A240-70'' 
    would be revised to read ``A 240'' each place it appears.
        d. In paragraph (c)(2) (i), the wording ``A262-68'' would be 
    revised to read ``A 262'', the word ``Recommended'' would be revised to 
    read ``Standard'', and the word ``Austenitic'' would be added 
    immediately before ``Stainless Steel''.
    
    
    Sec. 179.100-10  [Amended]
    
        41. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-
    70'' would be revised to read ``ASTM A 240''.
    
    
    Sec. 179.100-15  [Removed and reserved]
    
        42. Section 179.100-15 would be removed and reserved.
    
    
    Sec. 179.100-20  [Amended]
    
        43. In Sec. 179.100-20, in the paragraph (a) table, for the entry 
    ``Material'', in the second column, the wording ``ASTM A515-70'' would 
    be revised to read ``ASTM A 516''.
        44. Section 179.101-1 would be revised to read as follows:
    
    
    Sec. 179.101-1  Individual specification requirements.
    
        In addition to Sec. 179.100, the individual specification 
    requirements are as follows:
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Minimum                                                                            
                                                            Bursting      plate       Test       Manway                                           Reference 
           DOT specification              Insulation        pressure    thickness   pressure      cover      Bottom outlet      Bottom washout    (179.***) 
                                                              (psi)     (inches)      (psi)     thickness                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    105A100ALW....................  Yes..................         500       \5/8\         100  \2\ 2\1/2\  No...............  No...............  ...........
    105A200ALW....................  Yes..................         500       \5/8\         200  \2\ 2\1/2\  No...............  No...............  ...........
    105A300ALW....................  Yes..................         750       \5/8\         300  \2\ 2\5/8\  No...............  No...............  ...........
    105A100W......................  Yes..................         500  \3\ \9/16\         100      2\1/4\  No...............  No...............  ...........
    105A200W......................  Yes..................         500  \3\ \9/16\         200      2\1/4\  No...............  No...............  ...........
    105A300W......................  Yes..................         750    \1\ \11/         300  \7\ 2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    105A400W......................  Yes..................       1,000    \1\ \11/         400  \7\ 2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    105A500W......................  Yes..................       1,250    \1\ \11/         500      2\1/4\  No...............  No...............  102-1, 102-
                                                                              16\                                                                          2
    105A600W......................  Yes..................       1,500    \1\ \11/         600      2\1/4\  No...............  No...............  102-4, 102-
                                                                              16\                                                                         17
    109A100ALW....................  Optional.............         500       \5/8\         100  \2\ 2\1/2\  No...............  Optional.........  ...........
    109A200ALW....................  Optional.............         500       \5/8\         200  \2\ 2\1/2\  No...............  Optional.........  ...........
    109A300ALW....................  Optional.............         750       \5/8\         300  \2\ 2\5/8\  No...............  Optional.........  ...........
    109A300W......................  Optional.............         500    \1\ \11/         300      2\1/4\  No...............  Optional.........  ...........
                                                                              16\                                                                           
    112A200W......................  Optional\4\..........         500  3, \5\ \9/         200      2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    112A340W......................  Optional\4\..........         850    \1\ \11/         340      2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    112A400W......................  Optional\4\..........       1,000    \1\ \11/         400      2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    112A500W......................  Optional\4\..........       1,250    \1\ \11/         500      2\1/4\  No...............  No...............  ...........
                                                                              16\                                                                           
    114A340W......................  Optional\4\..........         850    \1\ \11/         340     ( \6\ )  Optional.........  Optional.........          103
                                                                              16\                                                                           
    114A400W......................  Optional\4\..........       1,000    \1\ \11/         400     ( \6\ )  Optional.........  Optional.........          103
                                                                              16\                                                                           
    120A200ALW....................  Yes..................         500       \5/8\         200  \2\ 2\1/2\  Optional.........  Optional.........          103
    120A100W......................  Yes..................         500  \3\ \9/16\         100      2\1/4\  Optional.........  Optional.........          103
    120A200W......................  Yes..................         500  \3\ \9/16\         200      2\1/4\  Optional.........  Optional.........          103
    120A300W......................  Yes..................         750    \1\ \11/         300      2\1/4\  Optional.........  Optional.........          103
                                                                              16\                                                                           
    120A400W......................  Yes..................       1,000    \1\ \11/         400      2\1/4\  Optional.........  Optional.........          103
                                                                              16\                                                                           
    120A500W......................  Yes..................       1,250    \1\ \11/         500      2\1/4\  Optional.........  Optional.........         103 
                                                                              16\                                                                           
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than \5/8\ inch, and when steel of
      81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plates shall be not less than \9/16\ inch.                                   
    \2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2\1/4\ inches.                                     
    \3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than \1/2\ inch.                        
    \4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must    
      have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with
      a reflective coat of white paint.                                                                                                                     
    \5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than \1/2\ inch.                                                
    \6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec.  179.103-2.                                                                        
    \7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.                                                  
    
    Sec. 179.102-1  [Amended]
    
        45. In Sec. 179.102-1, in paragraph (a)(1), the following changes 
    would be made:
        a. In the first sentence, the wording ``A516-79b'' would be revised 
    to read ``A 516''.
        b. At the end of the third sentence, the wording ``A370-77'' would 
    be revised to read ``A 370''.
        c. In the last sentence, the wording ``A240-79'' would be revised 
    to read ``A 240''.
    
    
    Sec. 179.102-2  [Amended]
    
        46. In Sec. 179.102-2, in paragraph (a)(1), the wording ``A516-
    70a'' would be revised to read ``A 516'' and the wording ``TC-128-70'' 
    would be revised to read ``TC-128''.
    
    
    Sec. 179.102-4  [Amended]
    
        47. In Sec. 179.102-4, the following changes would be made:
        a. Paragraph (d) would be removed.
        b. Paragraphs (b) and (c) would be redesignated as paragraphs (a) 
    and (b), respectively.
        c. Paragraphs (e) through (k) would be redesignated as paragraphs 
    (c) through (i), respectively.
        d. Paragraph (l) would be removed.
        48. In Sec. 179.103-5, in paragraph (a)(3), the word ``valve'' 
    would be removed, and paragraph (b)(2) would be revised to read as 
    follows:
    
    
    Sec. 179.103-5  Bottom outlets.
    
    * * * * *
        (b) * * *
        (2) To provide for the attachment of unloading connections, the 
    discharge end of the bottom outlet nozzle or reducer, the valve body of 
    the exterior valve, or some fixed attachment thereto, shall be provided 
    with one of the following arrangements or an approved modification 
    thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank 
    Cars for illustrations of some of the possible arrangements.) 
    
    [[Page 65503]]
    
        (i) A bolted flange closure arrangement including a minimum 1-inch 
    NPT pipe plug (see Fig. E17.1) or including an auxiliary valve with a 
    threaded closure.
        (ii) A threaded cap closure arrangement including a minimum 1-inch 
    NPT pipe plug (see Fig. E17.2) or including an auxiliary valve with a 
    threaded closure.
        (iii) A quick-coupling device using a threaded plug closure of at 
    least 1-inch NPT or having a threaded cap closure with a minimum 1-inch 
    NPT pipe plug (see Fig. E17.3 through E17.5). A minimum 1-inch 
    auxiliary test valve with a threaded closure may be substituted for the 
    1-inch pipe plug (see Fig E17.6). If the threaded cap closure does not 
    have a pipe plug or integral auxiliary test valve, a minimum 1-inch NPT 
    pipe plug shall be installed in the outlet nozzle above the closure 
    (see Fig. E17.7).
        (iv) A two-piece quick-coupling device using a clamped dust cap 
    must include an in-line auxiliary valve, either integral with the 
    quick-coupling device or located between the primary bottom outlet 
    valve and the quick-coupling device. The quick-coupling device closure 
    dust cap or outlet nozzle shall be fitted with a minimum 1-inch NPT 
    closure (see Fig. E17.8 and E17.9).
    * * * * *
        49. Section 179.200-7 would be amended by revising the table 
    following paragraph (b) to read as follows:
    
    
    Sec. 179.200-7  Materials.
    
    * * * * *
        (b) * * *
    
    ------------------------------------------------------------------------
                                                   Minimum        Minimum   
                                                   tensile     elongation in
                                                  strength       2 inches   
                  Specifications                  (p.s.i.)    (percent) weld
                                                   welded          metal    
                                                condition\1\  (longitudinal)
    ------------------------------------------------------------------------
    ASTM A 515, Gr. 70........................       70,000             20  
    ASTM A 516, Gr. 70........................       70,000             20  
    AAR TC 128, Gr. B.........................       81,000            19   
    ------------------------------------------------------------------------
    \1\ Maximum stresses to be used in calculations.                        
    
    * * * * *
    
    
    Sec. 179.200-7  [Amended]
    
        50. In addition, in Sec. 179.200-7, the following changes would be 
    made:
        a. In the table following paragraph (c), the last entry ``ASTM B 
    209-70, Alloy 60614'' would be removed, and in the first column, for 
    each entry, the wording ``209-70'' would be revised to read ``209''.
        b. In the paragraph (c) table, Footnotes 4 and 5 would be removed 
    and Footnote 6 would be redesignated as Footnote 4.
        c. In the table following paragraph (d), in the first column, for 
    each entry, the wording ``240-70'' would be revised to read ``240''.
        d. In Footnote 2 in the paragraph (d) table, the wording ``the 
    following procedures in ASTM Specification A 262-68 titled, 
    `Recommended Practices for Detecting Susceptibility to Intergranular 
    Attack in Stainless Steels,' and must exhibit corrosion rates not 
    exceeding the following:'' would be revised to read ``Practice A of 
    ASTM Specification A 262 titled, `Standard Practices for Detecting 
    Susceptibility to Intergranular Attack in Austenitic Stainless Steels.' 
    If the specimen does not pass Practice A, Practice B or C must be used 
    and the corrosion rates may not exceed the following:''.
        e. In the table following paragraph (e), in the first column, the 
    wording ``162-69\2\'' would be revised to read ``162\2\''.
        f. In the table following paragraph (f), in the first column, the 
    wording ``302-69a'' would be revised to read ``302''.
        51. In Sec. 179.200-14, the first sentence of paragraph (a) and the 
    first sentence of paragraph (b) would be revised to read as follows:
    
    
    Sec. 179.200-14  Expansion capacity.
    
        (a) Tanks shall have expansion capacity as prescribed in this 
    subchapter. *  *  *
        (b) For tank cars having an expansion dome, the expansion capacity 
    is the total capacity of the tank and dome combined. *  *  *
    * * * * *
        52. In Sec. 179.200-16, the first sentence in paragraph (d) would 
    be revised to read as follows:
    
    
    Sec. 179.200-16  Gauging devices, top loading and unloading devices, 
    venting and air inlet devices.
    
    * * * * *
        (d) When using a gauging device, an outage scale visible through 
    the manway opening shall be provided. *  *  *
    * * * * *
    
    
    Sec. 179.200-18  [Removed]
    
        53. Section 179.200-18 would be removed.
    
    
    Sec. 179.200-24  [Amended]
    
        54. In Sec. 179.200-24, in the paragraph (a) table, for the entry 
    ``Material'' , in the second column, the wording ``ASTM A285 C'' would 
    be revised to read ``ASTM A 516''.
        55. Section 179.201-1 would be revised to read as follows:
    
    
    Sec. 179.201-1  Individual specification requirements.
    
        In addition to Sec. 179.200, the individual specification 
    requirements are as follows:
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Minimum                                                                              
                                                           Bursting     plate        Test                                                                   
        DOT Specification \1\            Insulation        pressure   thickness    pressure    Bottom outlet      Bottom washout    References (179.201-***)
                                                            (psi)      (inches)     (psi)                                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    103A-ALW.....................  Optional.............        240        \1/2\         60  No...............  Optional.........  .........................
    103AW........................  Optional.............        240    179.201-2         60  No...............  Optional.........  .........................
    103ALW.......................  Optional.............        240        \1/2\         60  Optional.........  Optional.........  6(a).                    
    103ANW.......................  Optional.............        240    179.201-2         60  No...............  Optional.........  6(d).                    
    103BW........................  Optional.............        240    179.201-2         60  No...............  No...............  6(b), 3.                 
    103CW........................  Optional.............        240    179.201-2         60  No...............  No...............  6(c), 4, 5.              
    103DW........................  Optional.............        240    179.201-2         60  Optional.........  Optional.........  6(a), 6(c), 4, 5.        
    103EW........................  Optional.............        240    179.201-2         60  No...............  Optional.........  6(c), 4, 5.              
    103W.........................  Optional.............        240    179.201-2         60  Optional.........  Optional.........  6(a).                    
    104W.........................  Yes..................        240    179.201-2         60  Optional.........  Optional.........  6(a).                    
    111A60ALW1...................  Optional.............        240        \1/2\         60  Optional.........  Optional.........  6(a).                    
    111A60ALW2...................  Optional.............        240        \1/2\         60  No...............  Optional.........  .........................
    111A60W1.....................  Optional.............        240       \7/16\         60  Optional.........  Optional.........  6(a).                    
    111A60W2.....................  Optional.............        240       \7/16\         60  No...............  Optional.........  .........................
    111A60W5.....................  Optional.............        240       \7/16\         60  No...............  No...............  3, 6(b).                 
    
    [[Page 65504]]
                                                                                                                                                            
    111A60W6.....................  Optional.............        240       \7/16\         60  Optional.........  Optional.........  4, 5, 6(a), 6(c).        
    111A60W7.....................  Optional.............        240       \7/16\         60  No...............  No...............  4, 5, 6(a).              
    111A100ALW1..................  Optional.............        500        \5/8\        100  Optional.........  Optional.........  6(a).                    
    111A100ALW2..................  Optional.............        500        \5/8\        100  No...............  Optional.........  .........................
    111A100W1....................  Optional.............        500       \7/16\        100  Optional.........  Optional.........  6(a).                    
    111A100W2....................  Optional.............        500       \7/16\        100  No...............  Optional.........  .........................
    111A100W3....................  Yes..................        500       \7/16\        100  Optional.........  Optional.........  6(a).                    
    111A100W4....................  Yes (see 179.211-11).        500       \7/16\        100  No...............  No...............  6(a), 8, 10.             
    111A100W5....................  Optional.............        500       \7/16\        100  No...............  No...............  3.                       
    111A100W6....................  Optional.............        500       \7/16\        100  Optional.........  Optional.........  4, 5, 6(a) and 6(b).     
    111A100W7....................  Optional.............        500       \7/16\        100  No...............  No...............  4, 5, 6(c).              
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or 
      manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec.  179.201-3.                    
    
    
    
    
    Sec. 179.201-4  [Amended]
    
        56. In Sec. 179.201-4, at the end of the paragraph, the wording 
    ``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)'' 
    would be revised to read ``ASTM Specification A 262''.
    
    
    Sec. 179.201-5  [Amended]
    
        57. In Sec. 179.201-5, in paragraphs (a) and (b), the wording 
    ``ASTM A240-70'' would be revised to read ``ASTM Specification A 240'' 
    each place it appears.
    
    
    Sec. 179.201-7  [Removed]
    
        58. Section 179.201-7 would be removed.
    
    
    Sec. 179.220-19  [Removed]
    
        59. Section 179.220-19 would be removed.
        60. Section 179.221-1 would be revised as follows:
    
    
    Sec. 179.221-1 Individual specification requirements.
    
        In addition to Sec. 179.220, the individual specification 
    requirements are as follows:
    
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Minimum                                                                              
                                                           Bursting     plate        Test                                                                   
        DOT Specification \1\            Insulation        pressure   thickness    pressure    Bottom outlet      Bottom washout    Reference (179.221-***) 
                                                            (psi)      (inches)     (psi)                                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    115A60W1.....................  Yes..................        240        \1/8\         60  Optional.........  Optional.........  1.                       
    115A60ALW....................  Yes..................        240       \3/16\         60  Optional.........  Optional.........                           
    115A60W6.....................  Yes..................        240        \1/8\         60  Optional.........  Optional.........  1.                       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    \1\ Tanks converted to DOT-1A series from existing forge-welded specification, DOT-105A 300, 490, or 500 tanks, by modification using conversion details
      complying with DOT-1-11A specification requirements, shall be stenciled by substituting the letter ``F'' for the letter ``W'' in the specification    
      designation.                                                                                                                                          
    
    Sec. 179.222  [Removed]
    
        61. Section 179.222 would be removed.
    
    
    Sec. 179.222-1  [Removed]
    
        62. Section 179.222-1 would be removed.
    
    
    Sec. 179.300-7  [Amended]
    
        63. In Sec. 179.300-7, the following changes would be made:
        a. In the table at the end of paragraph (a), the wording ``A 285-
    69'' would be revised to read ``A 285'' each place it appears, and the 
    wording ``A 515-69'' would be revised to read ``A 515'' each place it 
    appears.
        b. In the table at the end of paragraph (b), the wording ``285-69'' 
    would be revised to read ``285''.
    
    
    Sec. 179.500-17  [Amended]
    
        64. In Sec. 179.500-17, paragraph (a)(7) would be removed.
    
        Issued in Washington, DC on December 7, 1995 under authority 
    delegated in 49 CFR part 106, appendix A.
    Alan I. Roberts,
    Associate Administrator for Hazardous Materials Safety.
    [FR Doc. 95-30408 Filed 12-18-95; 8:45 am]
    BILLING CODE 4910-60-P
    
    

Document Information

Published:
12/19/1995
Department:
Research and Special Programs Administration
Entry Type:
Proposed Rule
Action:
Notice of Proposed Rulemaking (NPRM).
Document Number:
95-30408
Dates:
Comments must be received on or before February 22, 1996.
Pages:
65492-65504 (13 pages)
Docket Numbers:
Docket No. HM-216, Notice No. 95-16
RINs:
2137-AC66: Transportation of Hazardous Materials by Railroad; Miscellaneous Amendments
RIN Links:
https://www.federalregister.gov/regulations/2137-AC66/transportation-of-hazardous-materials-by-railroad-miscellaneous-amendments
PDF File:
95-30408.pdf
CFR: (61)
49 CFR 172.330(a)(1)
49 CFR 173.314(b)(6)
49 CFR 171.7
49 CFR 172.101
49 CFR 172.102
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