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64742 Federal Register / Vol. 59, No. 240 / Thursday December 15, 1994 / -Rules and Regulations

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64742 Federal Register / Vol. 59, No. 240 / Thursday December 15, 1994 / -Rules and Regulations 64742 Federal Register / Vol. 59, No. 240 / Thursday December 15, 1994 / -Rules and Regulations DEPARTMENT OF TRANSPORTATION of proposed rulemaking (ANPRM) titled was, in part, based on the transportation "Shippers; Use of Cargo Tanks, Portable safety record of more than 50,000 Research and Special Programs Tanks, IM Portable Tanks, and Multi- portable tanks in COFC/TOFC service. Administration Unit Tank Car Tanks in COFC and The commenter stated that it had not TOFC Service, under Docket No. HM- seen the results of this sample or a 49 CFR Parts 171 and 174 197 Notice No. 85-2 (50 FR 18278). In comparison between performance of [Docket No. HM-197 Amdt. Nos. 171-130, the ANPRM, RSPA solicited comments these containers and the performance of and 174-79] and information to assist in the tank cars presently authorized to identification and development of safety RIN 2137-AC26 transport similar materials. criteria for COFC and TOFC service of RSPA and FRA disagree with this Hazardous Materials in COFC and tanks transporting hazardous materials. commenter's position. The capacity of a TOFC Service Specific comments were requested on portable tank (5000-6000 gallons) is the adequacy of means used to secure a considerably less than that of a rail tank AGENCY, Research and Special Programs highway chassis (trailer) or a container car (18,500-34,500 gallons), and tank Administration (RSPA), DOT. to a flatcar, and the trailer's potential cars and portable tanks have ACTION: Final rule. vulnerability in COFC/TOFC service. significantly different operating Comments were also requested on other environments. FRA has approved SUMMARY, This final rule establishes safety issues involving the double methods for portable tanks transporting standards for transporting portable tanks -stacking of containers, securement and hazardous materials in COFC and TOFC containing certain hazardous materials cushioning of trailers and containers, service for more than ten years. Based in container-on-flatcar (COFC) or trailer- liquid surge prevention, tank thermal on the years of satisfactory on-flatcar (TOFC) service, without protection, tank puncture resistance, transportation experience using safety obtaining prior approval from the and train placement. A public hearing standards established under the Federal Railroad Administration (FRA). was held on June 11, 1985, to discuss approval process, RSPA and FRA Adoption of these standards as rules of the proposals. believe additional safeguards are general applicability will provide wider On May 7 1993, RSPA published in unnecessary Therefore, this final rule access to the benefits of transportation the Federal Register a notice of merely incorporates the approval safety services that have been proven to be proposed rulemaking (NPRM) under standards into the HMR and eliminates effective and safe. Persons holding Docket No. HM-197 Notice No. 93-11 the approval process. approvals issued pnor to this [58 FR 27257], based on comments On July 26, 1994, RSPA published a rulemaking who are unable to meet the received to the ANPRM. In the NPRM, final rule establishing standards for the standards established by this final rule RSPA proposed to allow the construction, maintenance and use of will need to re-apply to the Associate transportation of IM portable tanks and intermediate bulk containers (IBCs) for Administrator for Safety FRA, prior to portable tanks containing certain the transportation of hazardous the expiration date stated in their hazardous materials in COFC and TOFC materials [59 FR 38040]. IBCs are bulk current approval. service under conditions prescribed in packagings with a capacity ranging from The intended effects of this action are the Hazardous Materials Regulations 450 liters (119 gallons) to 3,785 liters to reduce the need for obtaining written (HMR). Currently these COFC and (1,000 gallons) and are designed for approval for certain COFC or TOFC TOFC movements are authorized under mechanical handling. IBCs are generally services and to facilitate domestic and approvals issued by the Associate transported in closed freight containers international commerce. Administrator for Safety FRA. RSPA anc. transport vehicles when transported DATES:, Effective date. February 13, 1995. explained in the preamble of the NPRM by rail. These packagings may continue Compliance date. Compliance with that, because of strong concerns raised to be transported in this manner m by commenters on the transport of cargo the requirements as adopted herein is conformance with § 174.63(b). authorized immediately tank motor vehicles in TOFC service The following is a summary of the Incorporationby reference date. The and because of the limited availability changes made under this final rule and, incorporation by reference of a of experience data, these services would where applicable, a discussion of remain under FRA publication listed in this final rule is approval. With comments received. approved by the Director of the Office regard to the transport of multi-unit tank of the Federal Register as of February car tanks (DOT 106 and 110), FRA II. Summary of Regulatory Changes believes that 13, 1995. less than-ten units are Section 171.7 being transported and that they should FOR FURTHER INFORMATION CONTACT: continue under FRA approval. In the table in paragraph (a)(3), the Edward W Pritchard, Telephone (202) RSPA received seven comments in proposal would have removed the entry 366-0897 Chief Hazardous Materials response to the NPRM from rail carriers, for the Association of American Division, RRS-12, FederalRailroad rail car and portable tank Railroads's (AAR) publication AAR Administration, 400 Seventh Street, manufacturers, and trade associations Specification for Tank Cars" and SW., Washington, DC 20590, Telephone representing rail carriers and shippers. updated the entry for AAR (202) 366-0897 or Thomas A. Six commenters supported the Specification for Tank Cars, Phemister, Telephone (202) 366-0443, proposals but requested certain changes. Specification M-1002, Section C" from Trial Attorney, Office of Chief Counsel, The remaining commenter stated that the 1988 edition to the 1990 edition. Federal Railroad Administration, RCC- the transport of hazardous materials in The AAR and another commenter 30, 400 Seventh Street, SW., COFC/TOFC systems should be subject requested adoption of the 1992 edition Washington, DC 20590-0001. to the same performance requirements of the publication. The 1992 publication SUPPLEMENTARY INFORMATION: in accidents as those currently required contains discussions on the controlled for tank cars transporting the same interchange movement of portable tanks I. Background materials. The commenter also took on double-stack cars:without end-of-car On April 30, 1985, RSPA published in exception to RSPA's statement in.the cushioning. Agreeing with commenters the Federal Register an advance notice- preamble of the NPRM that the proposal that the 1992 edition should be adopted. Federal Register / Vol. 59, No. 240 / Thursday, December 15, 1994 / Rules and Regulations 64743 RSPA removed the "AAR Specification tanks in the bottom well, with the outlet requirements. 49 U.S.C. 5125(b)(1). for Tank Car" entry and incorporated by valve facing outboard away from the These covered subjects are: reference the 1992 edition of the AAR middle of the car and towards the end (A) the designation, description, and publication under another rulemaking of the car. The commenter also classification of hazardous material; action (Docket No. HM-166Z [59 FR recommended that the well car be (B) the packing, repacking, handling, 28487]). As proposed m the NPRM, an equipped with a device to fill voids labeling, marking, and placarding of entry is added for "AAR Manual of between the sides and corners of the hazardous material; Standards and Recommended Practices, well and the frame. RSPA and FRA (C) the preparation, execution, and Section 1, Specially Equipped Freight agree that well cars should be allowed, use of shipping documents pertaining to Car and Intermodal Equipment." The subject to the conditions that the hazardous material and requirements edition referenced is corrected to read portable tanks are located in the bottom respecting the number, contents, and "1988," which is the latest edition. well in a single-stack configuration and placement of those documents; (D) the written notification, recording, Section 174.61 are fitted to prevent movement in the well car. RSPA and FRA also agree that and reporting of the unintentional RSPA proposed to revise this section the outlet valves should face towards release in transportation of hazardous to include requirements applicable to the ends of the car to allow ready access material; and transport vehicles and freight containers to these valves and to facilitate (E) the design, manufacturing, containing packages of hazardous emergency response in case of their fabrication, marking, maintenance, materials only. This proposal was leakage. This provision is revised reconditioning, repairing, or testing of a supported by commenters and is accordingly and appears in paragraph package or container represented, adopted in this final rule. (c)(6) in this final rule. marked, certified, or sold as qualified for use in transporting hazardous Section 174.63 A commenter pointed out that proposed paragraph (b)(4), containing material. This section contains requirements for requirements for TOFC service, This final rule addresses the handling portable tanks, IM portable tanks, cargo incorrectly refers to AAR Specification of hazardous materials. Therefore, this tanks, and multi-unit tank car tanks M-952 which addresses only COFC final rule preempts State, local, or transported by rail. Proposed paragraph Indian tribe requirements that are not service. RSPA agrees the reference to ..substantively (a) contained requirements applicable to AAR Specification M-952 is incorrect the same" as Federal DOT 51, 52, 53, 56, and 57 and IM 101 and has removed the reference from the requirements on these subjects. Section and 102 portable tanks that are 5125(b)(2) of Title 49 U.S.C.,provides transported inside a transport vehicle or provision appearing in paragraph (c)(4) in this final rule.
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