Vol. 77 Monday, No. 122 June 25, 2012

Part II

Department of Transportation

Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 171, 172, 173, et al. Hazardous Materials: Incorporating Rail Special Permits Into the Hazardous Materials Regulations; Final Rule

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DEPARTMENT OF TRANSPORTATION Railroad Administration (FRA), 1200 (b) Permit the electronic transmission New Jersey Avenue SE., Washington, of shipping paper information; Pipeline and Hazardous Materials DC 20590. (c) Permit straight threads in the clean Safety Administration SUPPLEMENTARY INFORMATION: out and/or inspection port openings of a Department of Transportation (DOT) 49 CFR Parts 171, 172, 173, 174, 179, I. Background Specification 110A500W multi-unit and 180 A. Notice of Proposed Rulemaking tank car tank; B. Comments on the NPRM (d) Permit alternative start-to- [Docket No. PHMSA–2010–0018 (HM–216B)] II. Amendments Adopted in Final Rule III. Section-by-Section Review discharge pressure requirements for RIN 2137–AE55 IV. Regulatory Analyses and Notices certain DOT Specification 105J500W A. Statutory/Legal Authority for the tank cars containing chlorine; Hazardous Materials: Incorporating Rulemaking (e) Permit alternative pressure relief Rail Special Permits Into the B. Executive Order 12866, Executive Order requirements for pressure relief devices Hazardous Materials Regulations 13563, and DOT Regulatory Policies and for DOT Specification 105J300W tank Procedures AGENCY: Pipeline and Hazardous cars containing certain flammable C. Executive Order 13132 liquids; Materials Safety Administration D. Executive Order 13175 (PHMSA), DOT. (f) Permit certain DOT and E. Regulatory Flexibility Act, Executive Association of American Railroad (AAR) ACTION: Final rule. Order 13272, and DOT Procedures and Policies specification tank cars with stainless SUMMARY: The Pipeline and Hazardous F. Paperwork Reduction Act steel identification plates to have their Materials Safety Administration is G. Regulatory Identifier Number (RIN) specification and other required amending the Hazardous Materials H. Unfunded Mandates Reform Act information stamped on the Regulations to incorporate provisions I. Environmental Assessment identification plate instead of the tank contained in certain widely used or J. Privacy Act car head provided certain requirements longstanding rail special permits that I. Background are met; have general applicability and (g) Permit liquefied anhydrous established safety records. Special A. Notice of Proposed Rulemaking ammonia gas or ammonia solution to be permits allow a company or an The Pipeline and Hazardous Materials measured by a metering device when individual to package or ship a Safety Administration (PHMSA) and the loaded into a tank car as an alternative hazardous material in a manner that Federal Railroad Administration (FRA) to measuring the cars by weight; varies from the regulations provided an issued a notice of proposed rulemaking (h) Revise § 179.13(b) to require that equivalent level of safety is maintained. (NPRM) on August 18, 2011 [76 FR rail tank cars with a gross weight that Incorporating the special permits 51324] under Docket No. PHMSA 2010– exceeds 263,000 but not 286,000 pounds discussed in this rulemaking will 0018 (HM–216B) to amend the containing poisonous-by-inhalation provide users of the regulations with Hazardous Materials Regulations (HMR; (PIH) materials must be approved for wider access to the regulatory flexibility 49 CFR Parts 171–180) to incorporate use by the FRA’s Associate offered in these special permits, requirements based on seven existing Administrator for Railroad Safety; and (i) Eliminate use of the AAR 600 eliminate the need for numerous special permits for transportation by program concerning the FRA’s approval renewal requests, reduce paperwork railroad issued by PHMSA under 49 of bulk packagings in container-on-flat- burdens, and facilitate commerce while CFR Part 107, Subpart B (§§ 107.101 to car (COFC) or trailer-on-flat-car (TOFC) maintaining an appropriate level of 107.127). This NPRM was part of an service that is incorporated into safety. This rulemaking will also ongoing review by PHMSA to identify § 174.63(c)(2). respond to two petitions for rulemaking, widely used and longstanding special P–1497, concerning the use of electronic permits with established safety records B. Comments on the NPRM shipping papers, and P–1567, for adoption into HMR. The numbers of The comment period for the NPRM concerning the removal of the the special permits considered for closed on October 17, 2011. Thirteen Association of American Railroad’s incorporation in the NPRM are DOT–SP: entities provided comments in response AAR–600 portable tank program for 7616, 9388, 11184, 12095, 12905, 14333, to the NPRM. Most of the commenters previously adopted standards that meet and 14622. PHMSA identified these support the proposals in the NPRM, or exceed the AAR–600 requirements. special permits as implementing new while several commenters request DATES: Effective date: July 25, 2012. technologies and operational techniques modifications to the proposed Voluntary compliance date: PHMSA that achieve a safety level that regulations for clarity. Still others is authorizing voluntary compliance corresponds to or exceeds the safety suggest certain proposals be eliminated beginning June 25, 2012. level required under the HMR. In altogether from consideration. PHMSA Incorporation by reference date: The addition, we also addressed two has summarized these comments in the incorporation by reference of certain petitions for rulemaking in the NPRM: ‘‘Section-by-Section Review’’ discussion publications listed in this rule was P–1497 and P–1567. P–1497 pertains to of this rulemaking. Specifically, PHMSA previously approved by the Director of the use of electronic shipping papers; P– received comments from the following: the Federal Register on October 1, 2003 1567 pertains to the removal of the 1. Alltranstek LLC (Alltranstek) and March 16, 2009. AAR–600 portable tank program for 2. American Railcar Leasing LLC (ARL) FOR FURTHER INFORMATION CONTACT: previously adopted standards that meet 3. Association of American Railroads Eileen Edmonson, Standards and or exceed AAR–600 requirements. (AAR) Rulemaking Division, Office of Based on the aforementioned special 4. The Chlorine Institute Hazardous Materials Safety, (202) 366– permits and petitions for rulemaking, 5. CIT Group 8553, Pipeline and Hazardous Materials we subsequently proposed amendments 6. Council on Safe Transportation of Safety Administration (PHMSA), or Karl to the HMR to: Hazardous Articles, Inc. (COSTHA) Alexy, Office of Safety Assurance and (a) Establish an alternative tank car 7. Dangerous Goods Advisory Council Compliance, (202) 493–6247, Federal qualification program; (DGAC)

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8. The Dow Chemical Company (Dow) carrying poisonous-by-inhalation car owner, and for a coating or lining, 9. GATX Corporation (GATX) materials with a gross weight on rail up to the coating or lining owner; 10. International Vessel Operators to 286,000 pounds. Æ Permit the FRA Associate Dangerous Goods Association • Requirements to permit tank car Administrator for Railroad Safety to (IVODGA) information to be stamped on declare a tank car in unsafe operating 11. Midland Rail Services, LLC permanent identification plates placed condition based on the existence of an (Midland) on opposite ends of a tank car instead objectively reasonable and articulable 12. Union Pacific Railroad (UPC) of stamped into the tank’s head are belief instead of a probable cause; 13. Union Tank Car Company (UTC) added to §§ 179.24, 179.100–20, Æ Simplify the ‘‘Allowable Shell II. Amendments Adopted in Final Rule 179.200–24, 179.201–10, and 179.220– Thickness Reduction’’ table for a tank 25. car’s service life thickness allowance; The following is a summary of the • Requirements to permit straight Æ Require the owner of a tank car amendments PHMSA is adopting in this threads to be used instead of tapered coating or lining to ensure the adequacy final rule. This list does not include threads in the clean-out/inspection and compatibility of the coating or minor editorial changes. ports of DOT Specification 110A multi- lining for the material being offered for • The reference to § 174.63 is unit tank car tanks are added to transport and to establish and maintain removed from the AAR Manual of § 179.300–13. a record of service of the coating or Standards and Recommended Practices • The applicability provisions for 49 lining and commodity combination, M–1002 listing in § 171.7. CFR Part 180 are revised to include Part including an appropriate inspection • Definitions for ‘‘Electronic data 174 in § 180.501(a). interval that is not to exceed eight years, interchange’’ and ‘‘Train consist’’ are • Section 180.501(b) is added to unless evidence or scientific analysis added to § 171.8. require tank car owners to develop can be provided that supports a longer • Requirements for electronic written tank car qualification inspection interval; shipping papers, electronic data procedures required under § 179.7 for Æ Require tank car owners to ensure interchange (EDI) standards, and their tank car employees, and to require a tank car’s service equipment is electronic signature certification for tank car facilities to incorporate an qualified at least once every 10 years; hazardous material rail shipments are owner’s qualification program in the and added to §§ 172.201(a)(5), 172.202(b), facility’s quality assurance program. Æ Clarifies that the Associate 172.204(a)(3)(ii), and (d)(3). • New paragraph (d) is added to Administrator for Railroad Safety must • Requirements for verbal § 180.501 to require that documents approve alternative inspection and test certification of shipping papers for rail must be made available upon request to procedures or intervals based on a hazardous materials shipments are credentialed FRA employees or damage-tolerance analysis or service added to § 172.204(a)(3)(i) and (d)(3). authorized U.S. Department of reliability assessment. • The emergency response telephone Transportation employees. • The introductory paragraph of number requirements are revised to • Definitions from the former Tank § 180.511 is revised to require the clarify that telephone numbers outside Car Qualification Program (TCQ–1) representation of a qualified tank car’s the United States (U.S.) must be concerning tank car qualification and inspections and tests to be marked on accompanied by the international access maintenance, some with revisions, are the tank in conformance with § 180.515. code or the plus sign, country code, and added to § 180.503. • Section 180.511(d) is revised to city code, as appropriate, needed to • Paragraph § 180.507(b) is removed. include a requirement that the safety complete the call. This paragraph was added to the HMR system inspection must also show no • Section 172.604(a)(3)(ii) is revised in an earlier rulemaking to require tank indication of a defect that may reduce to clarify that the emergency response cars authorized to transport cryogenic the reliability of tank car before its next telephone number must be entered on liquids under an exemption (DOT–E) inspection and test. the shipping paper in the manner issued before October 1, 1984, to remove • Section 180.511(g) is revised to prescribed in § 172.604(b). the earlier exemption number, stamp require a hydrostatic test for the inner • Provisions to allow tank cars and the tank car with the appropriate Class tank of a DOT Class 115 specification multi-unit tank cars to be loaded with DOT–113 specification, and mark the tank car. liquefied anhydrous ammonia gas or tank car with the applicable DOT–E • Section 180.511(h) is added to ammonia solution through the use of a number. PHMSA proposed in the NPRM establish acceptable results for metering device are added to to replace the DOT–E number marked inspection and test requirements for § 173.314(e). on the tank with the applicable DOT–SP service equipment. • Section 173.314(k)(2) is added to number. However, the FRA has • Section 180.513 is revised to permit DOT 105J500W tank cars determined most of the tank cars subject require that, in addition to having to equipped with combination safety relief to this paragraph have been modified, comply with the AAR’s Specifications valves with a start-to-discharge pressure that one special permit of this type may for Tank Cars, a tank car facility making of 360 psi to be used as authorized exist, and that the tank cars authorized repairs, alterations, conversions, or packagings for inhalation hazard zone B under that special permit have already modifications to a tank car must comply Chlorine gas. been marked with the current DOT–SP with the tank car owner’s requirements, • Section 174.63(c)(2) is revised to number. Therefore, FRA has determined and must obtain the permission of the remove the requirement for tank cars in the need for this section no longer equipment owner before performing container-on-flat-car (COFC) or trailer- exists. work that would affect the alteration, on-flat-car (TOFC) service from • Section 180.509 is amended to add conversion, repair, or qualification of complying with the AAR 600 program conditions and frequencies of the owner’s equipment. Also, after this in the AAR Specification for Tank Cars, inspections and tests for qualifying a work is performed, the tank’s service ‘‘Specifications for the Acceptability of tank car that were authorized under equipment must successfully pass the Tank Containers.’’ former TCQ–1. These provisions: leak test prescribed in § 180.509(j). • Section 179.13(b) is revised to Æ Require that reports of all • The tank car marking requirements specify FRA approval of tank cars inspections and tests be sent to the tank prescribed in § 180.515(a) are revised to

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establish that dates displayed on a It should be noted that several describe hazardous materials in consolidated stencil take precedence commenters object to PHMSA transportation. In the NPRM, we over dates that are modified and not maintaining this edition in the HMR, proposed minor editorial changes to stenciled, pursuant to interval stating that many of these standards are clarify § 172.201(a)(2), and proposed to adjustments for service equipment, not applicable to the material being revise § 172.201(a)(5) to add provisions linings, and granted alternative regulated or are obsolete compared to prescribed in DOT–SP 7616 for the inspection intervals. the AAR’s 2007 edition of this acceptance, availability, forwarding, • Section 180.515(b) is revised to publication. Several commenters verification, and retention of electronic specifically list converted DOT 105, request that PHMSA revise the HMR in shipping paper information transmitted 109, 112, 114, and 120 specification this final rule to permit current and by EDI for the development of shipping tank cars as being required to have new future editions of AAR M–1002 to be papers used to transport hazardous specification and conversion date incorporated into the HMR when they materials by railcar. We also proposed markings. are published. requirements concerning the generation • Section 180.515(c) is revised to Before incorporating any of residue shipping papers by carriers. state the installation date of a reclosing organization’s technical guidance into Most of the commenters support pressure relief device on a tank car is the HMR as a material incorporated by amending the HMR to permit EDI the test date the device is ‘‘qualified,’’ reference, PHMSA and the appropriate transmission of shipping paper instead of ‘‘pressure tested,’’ within six modal agency staff conduct an extensive information. The DGAC states that, months from the date it was installed technical review of the document to while EDI is generally well-understood and protected from deterioration. without a definition, if retained in the • determine if the standards it establishes Section 180.517(a) establishes that are safe and in conformance with the final rule, PHMSA should move the last the builder’s signature on a tank car’s HMR. In addition, in such instances, two sentences of proposed certificate of construction and marking federal agencies must comply with the § 172.201(a)(5) into a definition of EDI of the tank car with the tank’s other requirements concerning and place it under general definitions specification represent that all the incorporating materials by reference, prescribed in § 171.8 so that EDI’s use appropriate inspections and tests were such as soliciting public comment on is clearly not limited to rail performed successfully and the tank is their incorporation as required under transportation. The two sentences in the qualified for use. the Administrative Procedure Act, and NPRM state: • Section 180.517(b) is revised to completing procedures for their require that the written report of a tank For the purpose of this section electronic incorporation issued by the Federal car’s qualification inspections and tests data interchange (EDI) means the computer- Register. Therefore, PHMSA is denying to-computer exchange of business data in must be provided in a common readable this request. However, we will consider standard formats. In EDI, information is form to FRA upon request, and must organized according to a specific format include the tank car reporting mark and the 2007 or later edition of the AAR’s M–1002 for possible incorporation into (electronic transmission protocol) agreed number, specification, name of the upon by the sender and receiver of this inspector, and the unique code (station the HMR in a future rulemaking. information, and transmitted through a stencil) identifying the facility. Section 171.8 computer transaction that requires no human • 49 CFR Part 180, Subpart D, is intervention or retyping at either end of the added to include materials the FRA has Section 171.8 provides definitions transaction. and abbreviations used throughout the determined may, under certain PHMSA and FRA agree that this HMR. In the NPRM, we proposed to add conditions, corrode carbon steel tanks or commenter’s remarks have merit. We a definition to indicate that a ‘‘train service equipment at a rate that may also believe referring the regulated consist’’ means a written record of the reduce their reliability. public to the existence of this new contents and location of each rail car in definition in § 171.8 instead of III. Section-by-Section Review a train. Our intention was to provide a § 172.201(a)(5) will assist them with definition for a provision proposed in The following is a section-by-section correctly applying this requirement. § 172.204(a)(3)(i) to permit a carrier to review of the amendments adopted in Therefore, PHMSA will eliminate the record acknowledgment on a shipping this final rule. phrase ‘‘For the purposes of this paper that will accompany a rail section’’ from the first sentence of Part 171 hazardous material shipment or other § 172.201(a)(5), remove the last two document, like a train consist, that a Section 171.7 sentences of that section and place them correct, complete shipping description Section 171.7 addresses industry in a new definition for EDI under was received verbally over the standards and other reference materials § 171.8, and add regulatory text to telephone, and is in conformance with that are incorporated by reference into § 172.201(a)(5) to refer the user to the § 174.24. Commenters state that the HMR. In the NPRM, we proposed to new location of the EDI definition. remove the reference to § 174.63 under although a train consist is used to assist In the NPRM, PHMSA proposed to the AAR Manual of Standards and rail carriers, it is not an official shipping require under § 172.201(a)(5)(iii) that a Recommended Practices, M–1002, paper document, and that § 174.24 carrier that generates a shipping paper (December, 2000) because we proposed refers only to shipping papers. We for tank cars containing residue using to discontinue use of the AAR 600 agree. Therefore, we are adopting this information from the previous loaded program of the AAR’s Specification for proposed definition in § 171.8, but are movement of a hazard materials Tank Cars, entitled ‘‘Specifications for not adding this phrase to packaging must ensure the description the Acceptability of Tank Containers,’’ § 172.204(a)(3)(i). of the material that accompanies the in § 174.63(c)(2). PHMSA received no Part 172 shipment complies with the offerer’s comments on the specific proposed request. The DGAC assumes in all cases language change to this section. Section 172.201 the carrier would have to comply with Therefore, in this final rule, this Section 172.201 specifies the offerer’s instructions regardless of language is being adopted as proposed requirements for the preparation and how the information is transmitted and in the NPRM. retention of shipping papers used to recommends PHMSA delete this

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provision because it is unnecessary. shipments in keeping with the Government Paperwork Elimination Act PHMSA and FRA disagree with the Paperwork Elimination Act, which (44 U.S.C. 3504), and helps companies commenter that in all cases the carrier allows and encourages: distribute their newest products rapidly will comply with the offerer’s the acquisition and use of information and maintain inventory throughout the instructions when generating a residue technology, including alternative information world. Union Pacific states it maintains shipping paper based on a previous technologies that provide for electronic its EDI shipping paper electronically in loaded hazardous materials package. submission, maintenance, or disclosure of a manner that can be printed as received PHMSA and FRA believe, instead, that information as a substitute for paper and for or in a format that conforms to the the implementation of this provision the use and acceptance of electronic requirements in the HMR, and will make carriers aware of their signatures. 44 U.S.C. 3504(a)(1)(B)(vi). recommends the following wording be responsibilities to properly describe and The IVOGDA interprets the Act as added to § 172.201(a)(5)(i): class a residue hazardous material in stating electronic signatures ‘‘are When the information applicable to the transportation. Therefore, PHMSA is required to be compatible with consignment is provided under this denying this request. standards that are generally used in requirement, the information must be In the NPRM, PHMSA proposed to commerce,’’ industry, and by State available to the shipper and carrier at all times during transport. When a paper require under § 172.201(a)(5)(v) that an governments. The IVOGDA also electronic shipping paper issued for the document is produced, the data must be interprets the Act as stating electronic presented as required by this subpart. rail transport of hazardous materials signatures ‘‘may not inappropriately under § 172.201(a)(5) be retained for the favoring [sic] one industry or In addition, the DGAC notes that same amount of time and in the same technology’’ over another and questions DOT–SP 7616 permits these documents manner required for other hazardous if the NPRM’s application of this to be retained electronically by the materials shipping papers as prescribed provision to rail transport only complies carrier but the NPRM proposed that a in § 172.201(e). The DGAC requests the written copy of the shipping paper must with the Act. The DGAC and COSTHA removal of the shipping paper retention accompany the shipment. The DGAC also support permitting the use of EDI proposal for EDI shipping papers under requests that if electronic storage of the in all modes of transport. In addition, § 172.201(a)(5)(v) because shipping EDI shipping paper be permitted by the the IVOGDA states the Act provides that papers issued under § 172.201 must be HMR, if the format of the electronic data electronic records, signatures, or other retained in conformance with is agreed [to] by both parties, and the forms of electronic authentication ‘‘shall § 172.201(e). The DGAC also notes that data can be used to produce a printed not be denied legal effect, validity, or § 172.201(e) currently requires the shipping paper document, no further enforceability when such records are in shipper to retain a copy of the shipping requirement concerning the format of electronic form.’’ To comply with the paper from the time the shipment is the computer data for EDI shipping offered until at least two years after Act, the IVOGDA requests PHMSA: papers is needed. issuance, and § 174.24 requires rail Remove the word ‘‘rail’’ in DOT–SP 7616 authorizes a rail freight carriers to retain the shipping paper for §§ 172.201(a)(5), 172.202(b), 172.204(a), carrier to accept hazardous materials at least one year. PHMSA and FRA agree (a)(3), and (d)(3); revise the proposed shipping paper information by voice with the commenter that shipping language in § 172.205(a)(5)(i) that communication through the telephone papers issued under § 172.201 are proposes to require that the carrier have or through EDI for use in the creation of subject to the shipping paper retention and maintain a printed copy of the a physical shipping paper that requirements prescribed in § 172.201(e); shipping paper ‘‘until delivery of the accompanies the shipment and that is therefore, PHMSA will remove hazardous material on the shipping retained by the shipper and carrier for § 172.201(a)(5)(v). paper is complete;’’ to adopt a provision one year from the date of shipment. In the NPRM, PHMSA proposed to to require the carrier to make a copy of DOT–SP 7616 also authorizes a variance revise § 172.201(a)(5)(i) to require that the shipping document(s) available in the shipping paper certification electronic shipping paper information upon request; and allow those requirement for EDI shipping papers provided under § 172.201(a)(5) must be complying with ICAO Technical that allows for an abbreviated made available to the shipper and Instruction and IMDG Code EDI certification statement or the carrier at all times the material is in regulations to produce these documents completion of a field on a form to transportation, and that the carrier must upon request. Several commenters note represent the completed certification. have and maintain a printed copy of this that the UN Model Regulations, ICAO DOT–SP 7616 does not include an information until delivery of the Technical Instructions, and exception that permits a rail hazardous hazardous material is complete. Several International Maritime Organization material shipment to be transported commenters opposed the proposed Dangerous Goods Code, and UN ADR all without a printed copy of the applicable requirement in § 172.201(a)(5)(i). The recognize the use of EDI-generated shipping paper. Further, DOT–SP 7616 AAR suggested the requirement be shipping papers that are issued and requires rail shippers of hazardous changed to require that the shipping retained electronically only as an materials that use EDI shipping papers paper information ‘‘be available to the acceptable alternative to paper to provide the rail staff with a copy of shipper and carrier at all times during documents. IVOGDA also notes the the shipping papers, which it states can transport’’ and a printed copy encrypted coding of an EDI shipping include waybills, train consists, or other accompany the shipment until delivery paper adds an additional layer of similar documents (see DOT–SP 7616, is complete. The IVOGDA requests that security that helps to ‘‘conceal the paragraph 8(d)). PHMSA and FRA are PHMSA permit immediate access to presence of high value cargoes that aware of no adverse consequences or hazard communication information for might be the target of piracy or hijacking incidents have been reported all those involved in transportation, during transport.’’ IVOGDA further concerning hazardous materials including emergency responders, by notes permitting the use of EDI shipping shipments using shipping papers providing existing EDI transmission papers in an electronic format only generated with telephonic or EDI methods to these individuals and promotes environmental conservation transmitted information. eliminate the requirement that paper by supporting a paperless operation, One purpose of a printed shipping documents be transmitted with these complies with the provisions of the paper for hazardous materials

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shipments is to provide emergency one carrier to another within the same fully aware of the responsibilities they responders with timely and accurate mode of transport or between modes. In are agreeing to under this requirement. information needed to respond to a addition, the IVOGDA notes Section 5.4 Omitting this statement may also make possible hazardous materials release. of the United Nations Recommendations it unclear to the emergency responder or PHMSA and FRA are aware that for the Transport of Dangerous Goods enforcement official who is taking emergency responders do not have (UN Recommendations) includes in all responsibility for the compliance of the devices that allow them to access EDI its references to dangerous goods shipment with the HMR. However, shipping papers that are electronically transport documents a provision to PHMSA and FRA are also aware that retained. However, we are aware that allow information by the use of under the special permit shippers were emergency responders typically acquire electronic data processing and EDI permitted to use this method with no this information from shipping papers techniques, and that similar provisions adverse consequences or incidents located in the locomotive or from train are located in Chapter 4 of the reported. Therefore, we agree with the crew consists. If these sources are not International Civil Aviation position of the commenters and will available, emergency responders call the Organization (ICAO) Technical revise the regulatory text to require that railroad and request the train’s consist. Instructions for the Transport of only for EDI shipping papers the Emergency responders typically have Dangerous Goods (Technical shipper’s certification may be had timely access to emergency Instructions), and Chapter 5.4 of the represented by completing a specific response information using one of these International Maritime Dangerous field for this purpose in the manner methods. Historically, PHMSA and FRA Goods Code (IMDG Code). PHMSA did prescribed in DOT–SP 7616. have found delays in retrieving shipping not propose in the NPRM to specify the In § 172.201(a)(5) of the NPRM, paper information at the site of a rail transfer container responsibilities PHMSA and FRA also proposed to add hazardous materials incident can between carriers within the same or language to regulate the transmission of contribute to increased risks associated different modes of transport; therefore, shipping papers by facsimile. The with the management and containment it is outside of the scope of this DGAC and Union Pacific request that of the hazards associated with these rulemaking. However, PHMSA may since the provision for transporting materials. Further, rail incidents often consider this issue in a future these documents electronically by occur in remote locations and/or on rulemaking. facsimile is a common occurrence and difficult terrain, which may further Several commenters oppose the was not provided for in the special delay the arrival of emergency requirement proposed in permit, this provision should be responders to an incident site. A § 172.201(a)(5)(ii) that an EDI shipping removed from the amended physical copy of a shipping paper at the paper contain a full or abbreviated requirements. PHMSA and FRA scene of an incident helps emergency certification. These commenters state disagree with the commenters’ request responders respond quickly and the special permit for these to eliminate the provision to allow accurately when trying to mitigate the transmissions permitted the name of the shipping papers to be transmitted by effects of a hazardous materials release. principal person, etc., for the shipment facsimile into the HMR because this was As a result, PHMSA and FRA disagree to appear in a field designed to not specifically mentioned in the with the position presented by the represent the certification as a method special permit being incorporated. As IVOGDA that a printed copy of the that worked well and no purpose would the commenters state, sending shipping information on an electronic shipping be served by requiring a printed version papers by facsimile is a common paper does not need to accompany a rail of the certification. A few commenters practice that is currently not provided hazardous materials shipment, and request that PHMSA add a provision to for under the HMR, but this type of PHMSA is denying this request. § 172.204 to clarify that an authorized transaction does qualify as another form However, PHMSA will continue to signature in a designated field on the of electronic transmission of a shipping investigate this issue, and may address form is sufficient to denote a completed paper. PHMSA and FRA believe it in a future rulemaking. shipper’s certification. The DGAC also establishing minimal HMR requirements Several commenters request the questions the abbreviated representation for shipping paper facsimile proposed requirements for EDI be of a shipper’s certification may not be transmissions based on current industry revised to make them harmonious with appropriate for some hazardous practices will have little effect on the international regulations for this materials packages, such as portable regulated public while clarifying that activity. Specifically, the IVOGDA, tanks that are interlined to other transmission of shipping papers by this DGAC, and COSTHA request that transport modes. This commenter method is a regulated activity. In PHMSA allow the use of EDI under the requests the abbreviated certification addition, this requirement safeguards HMR to promote the accurate and discussed earlier be limited to rail this transaction by providing modest timely transmission of these documents transport only. guidance how these materials are to be and to reduce the difficulties and delays One of the basic HMR requirements processed. Therefore, PHMSA is that can occur in all modes of transport, for a shipping paper is that the person incorporating provisions under both international and domestic, when taking responsibility for the shipment §§ 172.201(a)(5). PHMSA is also shipping documents are not agrees by signing the certification incorporating provisions to transmit harmonious. While it is always statement that the shipment has been shipping papers by facsimile under PHMSA’s goal to harmonize the HMR prepared properly for transportation. §§ 172.202, 172.204 and 172.604 of the whenever safely possible with PHMSA is concerned designating a HMR. international requirements, we did not blank signature block on a shipping propose this revision in the NPRM. paper as representing the shipper’s Section 172.202 Therefore, it is outside the scope of this certification without the shipper’s Section 172.202 specifies rulemaking, but we may consider it in certification statement, and deeming the requirements for the description of a future rulemaking. shipping paper prepared in this manner hazardous materials on shipping papers. The IVOGDA also requests PHMSA as certified when the block is filled in In the NPRM, we proposed to add a provide regulations that specify the with the name of the shipper or their third sentence to paragraph (b) to transfer container responsibilities from representative, may not make shipper specify that shipping descriptions for

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hazardous materials offered or intended consist, but also believe the definition of conveying this information verbally by for transportation by rail that contain all a ‘‘train consist’’ is useful. Therefore, as telephone may create a greater of the information required in subpart C stated earlier in this preamble, PHMSA opportunity for error than a properly and that are formatted and ordered in will replace the word ‘‘train consist’’ working electronic form of transmission, accordance with recognized electronic with ‘‘waybill’’ in § 172.204(a)(3)(i), and historically, this method has proven to data interchange standards and, to the will also move the proposed definition be effective because it has occurred extent possible, in the order and manner of ‘‘train consist’’ from § 171.8 to without notable incident or error. In required by this subpart are deemed to § 180.503 of the HMR. fact, PHMSA and FRA are aware that be in compliance with paragraph (b) of In § 172.204(a)(3)(i) of the NPRM, this method of transmitting shipping this section. Commenters did not PHMSA proposed to incorporate paper information has occurred without provide remarks on this proposed regulatory text that would permit appreciable incident for decades. requirement. Therefore, PHMSA is shipping paper information to be Therefore, PHMSA is denying the adopting this language as proposed. received via oral communication over commenters’ request to disallow the the telephone. Several commenters Section 172.204 verbal transmission of shipping paper support inclusion of regulations that information by telephone and will Section 172.204 specifies would permit shipping paper incorporate these requirements as requirements for a hazardous material information to be communicated by proposed in the NPRM. shipper’s certification on a shipping telephone or EDI. The Association of Union Pacific also requests PHMSA paper. In the NPRM, PHMSA proposed American Railroads (AAR) states delete proposed § 172.204(a)(3)(ii) and to revise § 172.204(a), (a)(3), and (d)(3) transmitting shipping paper information replace it with: to incorporate provisions currently by telephone is necessary when authorized under DOT–SP 7616, and to electronic systems do not work, Electronic certification. When transmitted permit the shipper’s certification for rail electronically, by entering the name of the although it acknowledges its members principal person, partner, officer, or hazardous materials shipments to be do not routinely rely on this method. employee of the offeror or his agent in a transmitted verbally by telephone or Based on this experience, the AAR specific EDI field defined for that purpose. electronically by computer, as requested states verbal transmission of this by Petition No. P–14333. information is a necessary option to Union Pacific states completing a As discussed earlier in this final rule provide rail shippers with information field with the appropriate representative under section-by-section heading that will support efficient information will allow ‘‘electronic ‘‘Section 171.8,’’ PHMSA and FRA transportation. The AAR also states it is verification that the shipment is proposed in the NPRM to require the not aware ‘‘of instances where safety has certified,’’ and adding abbreviated verbal acknowledgement of the receipt been undermined through the verbal shipper’s certification boiler language of shipping paper information by transmission of shipping papers.’’ Some ‘‘does not add value to the EDI message telephone to be recorded on the commenters object to this proposal. * * * and does not readily lend itself to shipping document or in a separate These commenters state they believe verification in EDI processing.’’ This record, such as a train consist. Union errors could occur when recording commenter also requests PHMSA Pacific requests proposed § 172.204(a): shipping paper information orally change the word ‘‘may’’ to ‘‘must’’ (1) Be revised to add the words through use of the telephone, the under proposed § 172.204(d)(3) to telephonically or electronically to information provided by telephone clarify that one of the individuals listed clarify the method in which these cannot be verified, errors that could in that paragraph must certify the documents will be received, and (2) occur during this recording process shipment. The HMR requires each change ‘‘train consist’’ to ‘‘waybill’’ in could compromise the integrity of the shipper to sign a shipper’s certification proposed § 172.204(a)(3)(i) because the hazardous materials information, and statement to attest that a hazardous waybill is the singular record of a these, in turn, could compromise safety. materials shipping paper has been hazardous material shipment for the These commenters also state the verbal properly prepared in conformance with duration of the shipment and the transmission method does not create a the HMR. shipper’s certification is never placed sufficient record of the transaction. PHMSA and FRA agree with the on the train list. Some other Others thought communicating this commenter that requiring a field on an commenters also request that PHMSA information by telephone is not EDI transmitted shipping paper to replace the wording ‘‘train consist’’ necessary. COSTHA thought, as an represent a shipper’s certification prescribed in § 172.204(a)(3)(i) with alternative to verbal communication of statement is more appropriate than ‘‘waybill’’ because waybills, and not shipping paper information, this requiring abbreviated shipper’s train consists, are the actual shipping rulemaking action should incorporate certification language be added to a field document. PHMSA and FRA EDI transmission of shipping paper on an EDI shipping paper. PHMSA and acknowledge that verbal communication information for all modes of transport. FRA also acknowledge that using this of a shipper’s certification can be PHMSA and FRA are aware that method of certification will harmonize received either by telephone or through electronic systems for conveying the HMR’s EDI requirements with how a computer using software designed to transport information are used the shipper’s certification is achieved allow it to operate like a telephone. predominantly in the hazardous for EDI shipping papers issued under PHMSA also agrees with commenters materials industry but agree with the UN Recommendations, ICAO that adding wording that explains how commenters that there are times when Technical Instructions, and IMDG Code. the shipping paper certification can be electronic systems do not work correctly However, PHMSA and FRA believe the received either verbally by telephone or (e.g., a software malfunction or viral language in § 172.204(a)(3)(ii) should be electronically may provide clarity for contamination) or do not work at all revised to emphasize that by completing users of these regulations, and promote (e.g., during an electrical outage or the signature field on an EDI document, safety. PHMSA and FRA agree with weather emergency). Although these the shipper is certifying that the these commenters that this final rule instances may be rare, when they occur document complies with the should not require the shipper’s back-up methods must be permitted to certification requirements prescribed in certification statement on a train ensure safety. While the method of § 172.204(a). Therefore, PHMSA will

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revise this section to emphasize that metering device. The metering device Personal Protective Equipment signing an EDI shipping paper is, in technology is currently authorized In the NPRM, PHMSA proposed to effect, also signing the shipper’s under Special Permit DOT–SP 9388 for require under § 173.314(e)(2)(i)(A) that certification statement. loading only ‘‘UN 1005, Ammonia, employees loading and unloading The DGAC notes that the list of anhydrous, 2.2 (non-flammable gas),’’ or ammonia liquefied gas or ammonia individuals who may sign the ammonia solution. Therefore, PHMSA is solution measured with a metering abbreviated EDI shipper’s certification correcting the provisions in device wear personal protective proposed in §§ 172.204(a)(3)(ii) and § 173.314(e)(2) concerning the use of a equipment (PPE) designed to protect 172.204(d)(3) differs slightly from the metering device for loading tank cars them from the dangers associated with list in existing § 172.204(d)(1) and and multi-unit tank cars to apply to these materials. The NPRM also requests for consistency that the list in anhydrous ammonia or ammonia proposed that the PPE used must § 172.204(d)(1) be used in the other two solution only. comply with the Department of Labor’s sections. PHMSA agrees with the PHMSA and FRA also proposed in the commenters and, in this final rule, will NPRM to require under Occupational Safety and Health make the lists in these three sections § 173.314(e)(2)(i)(B)(4) that materials Administration, and the state and local consistent. loaded into a tank car using a metering laws where either of these tasks are device must be visually inspected for being performed. AllTranstek requests Section 172.604 any signs of damage for accessories PHMSA remove the language requiring Section 172.604 specifies inside the loading dome and under PPE for employees performing this requirements for an emergency response § 173.314(e)(2)(i)(D), after sitting loaded activity, stating that this equipment is telephone number. To address and undisturbed for 10 minutes, this regulated by the Department of Labor’s incomplete international phone same tank car must be given a final Occupational Safety and Health numbers PHMSA is encountering on check for leaks prior to closing the dome Administration (OSHA). For improved shipping paper documents, in the cover and properly inserting the dome safety, PHMSA has historically required NPRM, we proposed to revise the pin. Midland Rail Services, LLC, the use of PPE throughout the HMR for introductory text in paragraph (a) to (Midland) says the wording ‘‘loading those hazardous materials that pose a specify that, for telephone numbers dome’’ and ‘‘dome cover’’ are not greater risk of damage to the employee outside of the U.S., sufficient consistent with the terminology used in or environment if released. However, information must be provided to the rail and tank car industry. This PHMSA recognizes the authority of complete the call. In its comments, the commenter states the appropriate OSHA regulations concerning the DGAC notes that PHMSA did not wording is ‘‘protective housing’’ and management and use of PPE in the include a preamble discussion of its ‘‘protective housing cover,’’ workplace and will, therefore, make this proposal to amend § 172.604(a), and respectively. This commenter also states change by deleting § 173.314(e)(2)(i)(A) states it would be helpful to further the word ‘‘accessories’’ refers to devices and renumbering in consecutive order clarify that for numbers outside of the listed in § 179.100–13, which are called the remaining paragraphs in U.S., the complete number required is ‘‘service equipment’’ under § 173.314(e)(2)(i). the number needed to compete the call § 180.509(c)(3)(i), and requests PHMSA Pre-Trip Inspections within the U.S. The DGAC also states revise § 173.314(e)(2)(i)(B)(4) to state that this provision is already indicated ‘‘* * * service equipment inside the AllTranstek requests PHMSA remove in U.S. Variation 15 of the ICAO protective housing,’’ and language proposed in Technical Instructions. PHMSA added § 173.314(e)(2)(i)(D) to state ‘‘* * * § 173.314(e)(2)(i)(B) requiring the this provision to address incomplete check for leaks must be conducted prior undercarriage assembly of the tank to be international phone numbers it is to closing protective housing cover inspected because this is a function of encountering on shipping paper * * * protective housing cover pin.’’ qualified and designated railroad documents. PHMSA agrees with the PHMSA and FRA agree with the employees and repair shops regulated commenter and will make this revision commenter. PHMSA will revise these under the FRA’s Freight Car Safety in this final rule. sections, but to accommodate all the Standards (49 CFR Part 215) and would In the NPRM, we also proposed to closure devices possible on a tank car, require plant operators to obtain revise paragraph (a)(3)(ii) of § 172.604 to PHMSA is simplifying the regulatory additional training on mechanical specifically require that the emergency text in proposed § 173.314(e)(2)(i)(D) to functions and condemning limits of response telephone number must be make it more general. Also, as discussed operational railroad stock. entered on a shipping paper in the later in this preamble, PHMSA deleted The FRA agrees with the commenter manner prescribed in paragraph (b) of § 173.314(e)(2)(i)(A) in response to a that § 215.13 is a FRA requirement that this section. Commenters did not commenters request. Therefore, in this prescribes pre-departure inspections for provide remarks on this proposed final rule § 173.314(e)(2)(i)(B) and freight cars before they are placed in a requirement. Therefore, PHMSA is (e)(2)(i)(D) are renumbered train and agrees that revising adopting this language as proposed. § 173.314(e)(2)(i)(A) and (e)(2)(i)(C), § 173.314(e)(2)(i)(B) to add this ‘‘would respectively. require plant operators to obtain Part 173 In § 173.314(e)(2)(i) of the NPRM, additional training on mechanical Section 173.314 PHMSA and FRA propose to permit functions and condemning limits of DOT specification tank cars in operational stock.’’ Section 215.13(c) Metering Device commerce transportation that contain permits a train crew member who is not Section 173.314 specifies the anhydrous ammonia liquefied gas or an inspector designated under § 215.11 requirements for tank cars and multi- ammonia solution measured by a to conduct an inspection of unit tank car tanks that transport metering device when loaded into the ‘‘imminently hazardous conditions’’ compressed gases. In the NPRM, we tank. AllTranstek objected to several listed in 49 CFR Part 215, Appendix D, errantly proposed to add § 173.314(e)(2) provisions concerning this proposal that ‘‘that are likely to cause an accident or to permit any hazardous material to be we have discussed in the following casualty before the train arrives at its loaded into a tank car through use of a paragraphs. destination.’’ This section also states

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‘‘these conditions are readily is appropriate to track defects in their permitted filling densities,’’ formally discoverable by a train crew member in tank cars so they can identify defect or under § 173.314(c), with ‘‘outage and the course of a customary inspection’’ of damage trends and make needed filling limits’’ based on the tank’s a tank car, a task that a train crew is adjustments to equipment specification volumetric capacity, currently normally trained to perform on a tank or maintenance procedures to eliminate prescribed in §§ 173.314(c) and car after loading and before it is offered them. Also, certifying the inspection 173.24b(1), and not its water weight for transportation. Therefore, PHMSA and loading and unloading procedures capacity. Further, Midland states the will make this change by replacing all for metered loads is important for tank identification plate prescribed in of proposed § 173.314(e)(2)(i)(B), which determining the cause of non-accidental paragraph 4.0 of AAR M–1002, listed undercarriage and several other releases. Therefore, PHMSA is denying Appendix C, does not require showing inspection requirements, with a more this request. However, due to the the water weight capacity of a tank car. general statement to require that tank renumbering of the paragraphs The following five compressed gases cars offered for transportation must discussed earlier in this preamble, the are loaded into a tank car based on comply with applicable government language that appeared in proposed as allowable filling densities: safety regulations, and, as discussed § 173.314(e)(2)(i)(C) now appears in UN 1017, Chlorine, 2.3 (poisonous gas), 5.1 earlier in this preamble, renumber this § 173.314(e)(2)(i)(B). (oxidizer), 8 (corrosive) section as § 173.314(e)(2)(i)(A). Because of the increased accuracy and UN 1053, Hydrogen sulfide, 2.3, 2.1 AllTranstek also requests PHMSA reliability of flow meter technology in (flammable gas) remove proposed language from the magnetic gauging device, UN 1069, Nitrosyl chloride, 2.3, 8 § 173.314(e)(2)(i)(B) concerning signage, AllTranstek requests that PHMSA UN 1079, Sulfur dioxide, 2.3, 8 setting brakes and wheel blocks, leak remove the proposed requirement to UN 2191, Sulfuryl fluoride, 2.3 testing, and inspecting hoses, measure one out of every 10 tank cars The other compressed gases are connections, valves, and accessories loaded with a magnetic gauging device loaded to a filling limit. ‘‘Maximum because these items are currently to verify the load amount since this is permitted filling density’’ is a subset of regulated in § 173.31(d) and (g), as part also proposed in the NPRM under the term ‘‘outage and filling limits,’’ of the steps the HMR requires for § 173.314(e)(2)(i) and (e)(2)(ii). which is prescribed in § 173.24a(d) for examining a tank car before shipping. AllTranstek also requests that PHMSA non-bulk packages and in § 173.24b(a) The HMR require shippers to inspect consider removing recordkeeping a tank car prior to offering it for language from liquefied gases delivered for bulk packages. Further, the HMR transportation (see § 173.31(d)) and that through by meter because the HMR does require the stamping or stenciling of a the tank car must not be offered for not require this type of elaborate tank car’s water capacity in pounds transportation if a nonconforming recordkeeping for any other hazardous under §§ 179.201–10(a) and 179.400– condition is identified unless a one-time material loaded into a packaging. 25(c), and as criteria for tank car approval is obtained (see § 174.50). The Although PHMSA and FRA agree inspections and reports in the ‘‘Record HMR also contains additional with the commenter that flow meters are of Hydrostatic Test Table’’ under requirements for transloading tank cars becoming increasingly accurate, we still § 179.500–18(c). PHMSA did not under § 174.67. PHMSA has historically believe an alternative form of propose under § 173.314(e)(2)(iii)(H) of referenced § 173.31 in other sections of measurement is necessary to confirm the NPRM to replace the proposed term the HMR to promote safety. However, as the safety of this type of loading ‘‘Water capacity of tank car (pounds)’’ stated earlier in this preamble, we agree operation for anhydrous ammonia or with ‘‘Water capacity of tank in with the commenter that the ammonia solution. Further, the NPRM pounds,’’ but agree with the commenter requirements proposed for proposed this requirement in that the use of these two terms may be § 173.314(e)(2)(i)(B) are not needed § 173.314(e)(2)(ii) only. Therefore, confusing to some HMR users. PHMSA because they are covered under other PHMSA is denying this request. and FRA also agree with the commenter federal regulations. Therefore, PHMSA that the term ‘‘water capacity of tank in Water Capacity Marking will make this change to the regulatory pounds’’ is more consistent with AAR text where it now appears in as In the NPRM, PHMSA and FRA M–1002 than a tank car’s water weight § 173.314(e)(2)(i)(A). proposed to require tank car markings to capacity proposed in In addition, AllTranstek opposes be stamped on tank car identification § 173.314(e)(2)(iii)(H). Therefore, for language proposed in plates instead of the tank car head in clarity and consistency PHMSA is § 173.314(e)(2)(i)(C) to record defects several sections of the HMR provided revising the term ‘‘Water capacity of and certify inspection and completion certain requirements are met. Midland tank car in pounds’’ to read ‘‘Water of loading and unloading procedures requests PHMSA revise capacity of tank in pounds’’ in because offerers cannot offer defective § 173.314(e)(2)(iii)(H) to state ‘‘Water § 173.314(e)(2)(iii)(H). We may review packages into transportation and capacity of tank in pounds’’ instead of making this change in additional operators must follow written operating proposed ‘‘Water capacity of tank car sections in a future rulemaking. In procedures under OSHA’s process (pounds)’’ for uniformity with industry addition, PHMSA recognizes that each safety management standards prescribed and 49 CFR language. Midland also facility may have a different specific in 29 CFR 1910.119(f). states current § 179.22 and AAR M– gravity at a reference temperature. PHMSA and FRA agree that shippers 1002, Appendix C, do not require a Therefore, PHMSA has revised must inspect a tank car prior to offering pressure tank car to be marked and/or § 173.314(e)(2)(iii)(J) to remove ‘‘(@ 105 it for transportation and that the tank stenciled with the water capacity of the °F–0.5796 and @ 115 °F–0.5706)’’ and car must not be offered for tank in pounds. This commenter states replace it with the phrase ‘‘at the transportation if a nonconforming PHMSA removed stenciling and reference temperature.’’ PHMSA further condition is identified unless a one-time stamping from the HMR, formally recognizes that the HMR ensures approval is obtained. However, we prescribed in §§ 179.100–21(b) and compatibility with international believe requiring shippers to record 179.100–20, several years ago when it transportation standards by expressing defects and certify inspection and replaced outage and filling limits for most units of measure in International completion of their loading procedures tank cars based upon ‘‘maximum System or metric units (see § 171.10);

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therefore, PHMSA has revised correction, without any negative and final rule. Therefore, to correct this § 173.314(e)(2)(iii) to include metric comments. Therefore, we are adopting error, § 179.13(b) is revised to include units of measure. this change as proposed in this NPRM. this requirement. The Docket No. HM– In addition, in its comments Dow 233A final rule also stated: Part 174 states that it operates under DOT–SP These amendments also apply to any Section 174.63 12858 and DOT–SP 14173 which allow special permits this agency issues during the Section 174.63 specifies requirements the operation of tank cars carrying development of this final rule whose for the portable tanks, IM portable tanks, Ethylene oxide at a gross rail load of provisions are identical in every respect to 286,000 pounds. Dow requests that only those described in the rulemakings issued intermediate bulk containers (IBCs), under this docket. Large packagings, cargo tanks, and DOT–SP 14173 be incorporated into the multi-unit tank car tanks. In the NPRM, HMR. As an alternative, Dow suggests Because DOT–SP 14173 requires tank we proposed to discontinue the AAR– that DOT–SP 12858 not be incorporated cars to be constructed to the AAR S–286 600 requirement in the HMR for into the HMR because Dow has made standard, which is currently required portable tanks because PHMSA adopted over 8,000 shipments with these tank under the HMR, it contains provisions standards for portable tanks in cars with no safety incidents. However, that are not identical to those in DOT– container-on-flat-car (COFC) or trailer- DOT–SP 12858 permits the use of tank SP 12858, so the above-referenced on-flat-car (TOFC) service under other cars constructed to the AAR S–259 statement from that final rule does not sections of the HMR. The Gold Tank standard which does not align with the apply. Further, DOT–SP 14173 was not Inspection Service, Inc., petitioned proposed requirements. If this cannot be proposed for incorporation into the PHMSA (P–1567) to discontinue the achieved, Dow requests that § 179.13(b) HMR in the NPRM issued under Docket AAR–600 program because, in addition be revised to read as follows: No. HM–216B. As a result, the public to the new HMR standards, the HMR no Tank cars containing poisonous-by- has not been given an opportunity to longer permits portable tanks to be built inhalation material meeting the applicable comment on its incorporation as authorized tank car specifications listed in to the AAR 600 standard unless they are required under the Administrative § 173.244(a)(2) or (a)(3), or § 173.314(c) or (d) Procedure Act. Therefore, it cannot be DOT Specification 60 and International may have a gross weight on rail of up to Standard 1496–3 portable tanks. 286,000 pounds upon approval by the incorporated into the HMR through Further, after January 1, 2010 (see Associate Administrator for Railroad Safety, them at this time. However, PHMSA § 171.14(d); Docket No. RSPA–2000– FRA. Tank cars exceeding 263,000 pounds may review incorporating DOT–SP 7702 (HM–215D), 66 FR 33316; and and up to 286,000 pounds gross weight on 14173 into the HMR in a future amended, 67 FR 15736), the HMR rail must meet the requirements of the rulemaking. requires all portable tanks to meet or Association of American Railroads, Manual of Standards and Recommended Practices, Section 179.24 exceed AAR 600 requirements, and the Section C–III, Car Construction AAR 600 does not cover portable tank New § 179.24 was proposed in the Fundamentals and Details, S–259 or S–286 NPRM to specify stamping requirements requirements. Commenters did not (IBR; see § 171.7 of this subchapter). Any provide remarks on this proposed for identification plates for rail cars. In increase in weight above 263,000 pounds the NPRM, we specifically proposed to requirement. However, PHMSA realizes may not be used to increase the quantity of in attempting to eliminate the AAR 600 the contents of the tank car. permit certain DOT and AAR standard, it erroneously proposed to specification tank cars with stainless DOT–SP 12858 permits ‘‘UN 1040, steel identification plates to have their remove the entire requirement under Ethylene oxide, 2.3 (poisonous gas), 2.1 § 174.63(c)(2). Our intention was to state specification and other required (flammable gas)’’ to be transported in information stamped on the that a tank and flatcar in COFC or TOFC DOT Specification 105J400W tank cars service must conform to the applicable identification plate instead of the tank constructed of TC–128 Gr B (norm) car head. The stainless steel requirements of the HMR concerning steel. The tank car must also comply their specification to ensure their identification plates are required for with specific ‘‘Certificate of newly constructed tank cars built on or acceptable performance. Therefore, in Construction’’ numbers, AAR Standard after July 25, 2012. The FRA notes that this final rule, PHMSA is revising this S–259, and other betterment all the tank car builders are parties to language to reflect its original intent. requirements. DOT–SP 14173 permits DOT–SP 12905; therefore the work Part 179 ethylene oxide or ethylene oxide with prescribed under § 179.24 is already nitrogen up to a total pressure of 1 being performed and the 30-day Section 179.13 megapascal (MPa) (10 bar) at 50 °C to be effective date also prescribed in this Section 179.13 specifies tank car transported in a DOT Specification requirement is probably not necessary. capacity and gross weight limitations. In 105J400W tank car that has a tank test We did not receive any comments on the NPRM, PHMSA proposed to revise pressure of 400 psig, gross weight on this proposal. Therefore, it is being § 179.13(b) to correct an error that rail load of 286,000 pounds, conforms adopted as proposed in the NPRM. occurred in a final rule published on with the AAR Standard S–286 and May 14, 2010 (75 FR 27205), issued Manual C–III, Section 2.5, and Section 179.100–20 under Docket No. PHMSA–2009–0289 additional betterment requirements, Section 179.100–20 specifies (HM–233A). In that rule, PHMSA some of which are identical to those certification stamping requirements for erroneously omitted a provision to prescribed in DOT–SP 12858. PHMSA pressure tank cars. In the NPRM, require FRA approval of rail tank cars notes that although DOT–SP 12858 was PHMSA proposed to require that newly with a gross weight on rail that exceeds incorporated into the HMR effective constructed DOT tanks cars display 263,000 pounds but not 286,000 pounds October 1, 2010, in a final rule issued specification and other required before they may be used to transport under Docket No. HM–233A, PHMSA information stamped on stainless steel poisonous-by-inhalation (PIH) erroneously omitted its provision that identification plates instead of into the hazardous materials. PHMSA proposed required FRA approval for railcars metal of the tank heads, as formerly to revise this section to add the FRA transporting PIH materials. PHMSA prescribed in § 179.24(a). This section approval statement. We received several stated this intent in the preamble of specifies tank car capacity and gross commenters expressing support for this both the Docket No. HM–233A NPRM weight limitations. We did not receive

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any comments on this proposal. Section 179.220–25 the procedures of the tank car facility Therefore, it is being adopted as Section 179.220–25 specifies performing the inspections and/or proposed in the NPRM. stamping requirements for non-pressure repairs. As a result, their costs should be Midland requests that the requirement tank car tanks consisting of an inner negligible. We did not receive any to show the water capacity of the tank container supported with an outer shell comments on this proposal. Therefore, it in pounds as part of a tank car’s (Class DOT 115). In the NPRM, PHMSA is being adopted as proposed in the specification marking be removed. This proposed to add a new paragraph (b) to NPRM. requirement to mark and/or stencil a require stainless steel identification Section 180.503 tank car’s water capacity in pounds is plates on newly constructed Class DOT Section 180.503 specifies that the currently prescribed in §§ 179.201–10(a) 115 non-pressure tank cars. The plates definitions in §§ 171.8 and 179.2 apply and 179.400–25(c). Midland states that must be stamped with the specification to the tank car qualification and several years ago PHMSA removed and other required information instead maintenance requirements prescribed in stenciling and stamping from the HMR, of into the metal heads of the tank as 49 CFR Part 180, Subpart F. In the formally prescribed in §§ 179.100–21(b) prescribed in § 179.24(a). We did not NPRM, PHMSA proposed to add or and 179.100–20, when it replaced receive any comments on this proposal. modify into the HMR definitions outage and filling limits for tank cars Therefore, it is being adopted as prescribed in DOT–SP 12095 based upon ‘‘maximum permitted filling proposed in the NPRM. densities,’’ formally under § 173.314(c), concerning tank car qualification and with ‘‘outage and filling limits’’ based Section 179.300–13 maintenance. The NPRM proposed to on the tank’s volumetric capacity, Section 179.300–13 specifies venting, add definitions for the following terms: currently prescribed in §§ 173.314(c) loading and unloading valve (1) Lining/coating, (2) Corrosive to the and 173.24b(1), and not its water weight requirements for multi-unit tank car tank or service equipment, (3) Defects, capacity. Further, Midland states the tanks designed to be removed from car (4) Interior heating system, (5) tank identification plate prescribed in structure for filling and emptying Modification, (6) Objectively reasonable paragraph 4.0 of AAR M–1002, (Classes DOT–106A and 110AW). In the and articulable belief, (7) Qualification, Appendix C, does not require showing NPRM, PHMSA proposed to permit (8) Railworthy/Railworthiness, (9) the water weight capacity of a tank car. straight threads to be used in the outlet Reinforced tank shell butt weld, (10) PHMSA did not propose this change in ports of DOT Specification 110A multi- Reinforcing plate, (11) Reliability, (12) the NPRM; therefore, it is outside the unit tank cars instead of taper threads. Safety system, (13) Service equipment scope of this rulemaking. For this The requirement also stipulates that owner, and (14) Tank car owner. The reason, PHMSA is denying this stainless steel safety wire used for hex NPRM also proposed to modify the commenter’s request. However, we may plugs in threaded boss ports must not definitions of these terms with minor consider this issue in a future fail during its intended use. We did not edits or rewording: (1) Design level of rulemaking. receive any comments on this proposal. reliability and safety, (2) Maintenance, (3) Reactive to the tank or service Section 179.200–24 Therefore, it is being adopted as proposed in the NPRM. equipment, (4) Representation, and (5) Section 179.200–24 specifies Service equipment. The term certification stamping requirements for Part 180 ‘‘reinforcing plate’’ is revised to read non-pressure tank cars. In the NPRM, Section 180.501 ‘‘reinforcing pad’’ to be consistent with PHMSA proposed to require that newly the terminology in §§ 179.100–16 and constructed non-pressure DOT tanks Section 180.501 specifies additional 179.200–19. The NPRM did not add the cars display specification and other requirements concerning the definitions of these terms because they required information stamped on qualification and maintenance of tank already exist in § 171.8: (1) Bottom stainless steel identification plates cars that apply to persons who shell, and (2) Top shell. instead of into the metal of the tank manufacture, fabricate, mark, maintain, We received comments on these seven heads, as formerly prescribed in repair, inspect, or service tank cars to definitions: Corrosive to the tank or § 179.24(a). We did not receive any ensure their continued qualification. In service equipment, defects, comments on this proposal. Therefore, it the NPRM, PHMSA proposed to make qualification, safety system, is being adopted as proposed in the existing paragraph 180.501(b) new maintenance, reactive to the tank or NPRM. paragraph (c), and add new paragraphs service equipment, and representation. (b) and (d) to this section to clarify, We also received recommendations to Section 179.201–10 respectively, the minimally acceptable add two definitions that were not Section 179.201–10 specifies water framework each owner’s tank car proposed in the NPRM, ‘‘inspection and capacity marking requirements for non- qualification program must have, and to test’’ and ‘‘tank car,’’ and discuss each pressure tank cars. In the NPRM, specify that documents concerning the definition and our responses in the PHMSA proposed to permit authorized tank car’s qualification must be made following paragraphs. In addition, we DOT non-pressure tank cars with available upon request to FRA staff or reversed the wording for the definition stainless steel identification plates to an authorized representative of the U.S. for ‘‘Lining/coating’’ to ‘‘Coating/lining’’ have the water capacity of the tank in Department of Transportation. The FRA in the final rule to clarify that this term pounds stamped on the identification is aware that parties to DOT–SP 12095, does not refer to linings placed on the plate instead of into the metal head of which includes a large majority of the external surface of a tank car. Further, the tank as prescribed in § 179.24(a) tank car owners, have either developed any definitions proposed in the NPRM after December 31, 2011. We did not written procedures or purchased that did not receive comments are being receive any comments on this proposal. procedures from another company, such adopted as proposed. However, we did revise the effective as a builder or management company date of this provision to July 25, 2012. like Alltranstek. The minority of tank A. Corrosive to the Tank or Service Therefore, it is being adopted with this car owners may experience an expense Equipment date change but, otherwise, as proposed developing these procedures. However, In the NPRM, PHMSA proposed to in the NPRM. they also have the option of approving add the definition ‘‘corrosive to the tank

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and service equipment’’ to mean ‘‘a mpy. Therefore, we have removed corrosion rate on steel of 0.25 inches per material identified in proposed 49 CFR methyl methacrylate monomer, year, which it believes is severe. Part 180, Appendix D, of the NPRM, or stabilized, from the 49 CFR Part 180, AllTranstek states the corrosive rate in a material when in contact with the Appendix D list. We emphasize that the the proposed definition ‘‘assumes that a inner shell of the tank or service list in Appendix D is not exhaustive and typical tank will experience metal loss equipment may have a severe corrosion any material identified as non-corrosive over a 40-year period before reaching rate on steel or aluminum based on under the HMR that causes corrosive the minimum shell thickness.’’ ARL and criteria in § 173.137(c)(2).’’ Proposed damage to a tank car or its service CIT Group state the proposed definition Appendix D to Part 180 lists materials equipment is included under this is so lenient it would exclude the that the FRA determined under certain requirement. Further, we may amend majority of commodities listed in conditions can corrode carbon steel this list in the future to include proposed 49 CFR Part 180, Appendix D. tanks or service equipment at a rate that additional materials we determine Most commenters recommend PHMSA may reduce the design level of behave in a similar manner. modify the definition ‘‘corrosive to the reliability and safety of the tank or Section 173.137(c)(2) defines Packing tank or service equipment’’ to exclude equipment to an unsafe level before its Group III corrosive materials as materials not corrosive to the tank next qualification. The HMR permits the materials that do ‘‘not cause full according to a corrosion rate of 2.5 mpy corrosion rate on steel or aluminum thickness destruction of intact skin (0.0025 inch per year) to harmonize this prescribed in § 173.137(c)(2) to be used tissue but exhibit a corrosion on either definition with the description of as one of the methods for determining steel or aluminum surfaces exceeding corrosion to the tank prescribed in whether or not a material meets the 6.25 mm (0.25 inch) a year at a test Section C, Part III, of the AAR’s M– hazard class definition of a Packing temperature of 55 °C (130 °F) when 1002, Appendix L. PHMSA and FRA agree with Group (PG) III corrosive material. tested on both materials.’’ It also states A few commenters support including commenters that proposing to define a ‘‘the corrosion may be determined in the list of materials corrosive to the tank material that is ‘‘corrosive to the tank or accordance with the UN Manual of or service equipment the NPRM service equipment’’ based on the Class Tests and Criteria (IBR, see § 171.7 of proposed in Appendix D of 49 CFR Part 8 definition prescribed in this subchapter) or other equivalent test 180 with some modifications. Several § 173.137(c)(2) of the HMR may not methods.’’ Several commenters object to commenters recommend the 49 CFR effectively capture the effects of using the corrosion rate on steel of Part 180, Appendix D list be modified corrosion on a tank car and its service to remove materials that are not 6.25mm (0.25 inch) a year to define the equipment in use over time. We also corrosive to the tank according to a corrosive rate of a material on tank car agree that harmonizing this definition corrosion rate of 2.5 milli-inch per year or its service equipment saying that, with the corrosive rate on steel in (mpy) (0.0025 inch per year) to although it is part of the HMR’s criteria Appendix L of M–1002 creates a harmonize it with the description of prescribed in § 173.137(c)(2) for definition based on industry experience corrosion to the tank prescribed in classifying Class 8 (corrosive) materials, with this type of damage to tank cars Section C, Part III, of the AAR’s M– it has little to do with describing the that will help prevent corrosion to the 1002, Appendix L. They specifically effect of these materials on tank cars and tank and service equipment, and reduce recommend removing ‘‘methyl their appurtenances. Many commenters the occurrence of non-accidental methacrylate monomer, stabilized,’’ expressed the belief that the definition releases and malfunctioning valves. from the list because it does not meet was too strict and unworkable under a FRA states this rate would also not this AAR definition. ARL, GATX, and tank car corrosion control and exceed the allowable thickness UTLX suggest PHMSA and FRA review prevention program or introduced terms reduction after 10 years for the bottom the National Association of Corrosion too subjective to be quantified. For shell of a pressure tank. Further, Engineers (NACE) documentation on example, the Union Tank Car Company PHMSA and FRA agree that removing this subject prior to issuing this (UTC) suggests PHMSA remove the subjective terms, such as the word rulemaking. Specifically, GATX word ‘‘severe’’ from § 180.503 to remove ‘‘severe,’’ to the extent possible Corporation states the NACE Corrosion the subjectivity this word introduces to promotes clarity in regulations, which Data Survey establishes that ‘‘methyl the definition. UTC also states the improves safety. Therefore, in this final methacrylate has a corrosion rate on proposed definition does not harmonize rule, we are revising the definition for carbon steel of less than 2 [mpy],’’ but with AAR M–1002, Section C–III, ‘‘corrosive to the tank or service the AAR’s M–1002, Appendix L, does Appendix L, and recommends the final equipment’’ to remove the word not list the material as corrosive because rule specifically reference this AAR ‘‘severe’’ and establish a corrosion rate its corrosion rate on steel does not appendix. Dow states the rate proposed on steel of 2.5 mpy. exceed the AAR’s 2.5 mpy standard. in the NPRM is twice that of the AAR Therefore, GATX recommends it be MSRP, Section C–III, Appendix L, B. Defects removed from the 49 CFR Part 180, paragraph 8.3, which is 2.5 mpy. Dow In the NPRM, PHMSA proposed to Appendix D list. also requests the definition be revised to add the definition ‘‘defect’’ to mean FRA added the list in Appendix D to a corrosion rate of 5 mpy or 0.005 ‘‘abrasions;’’ corrosion; cracks; dents; TCQ–1 to address significant damage inches per year, and states this rate flaws in welds; distortions; erosion; the agency’s staff found occurring in would allow the opportunity for two missing, damaged, leaking or loose tank cars that contained materials that qualifications to inspect an item before components and fasteners; and other do not meet the HMR definition for a the tank car reaches the minimum conditions that lower the design level of corrosive material. However, we agree allowable limit for local corrosion. The reliability. The NPRM also repeats the with the commenters that it would be CIT Group and GATX Corporation full definition in § 180.509(b). inaccurate to leave methyl methacrylate request that the rate be changed to AllTranstek, CIT Group, and UTLX monomer, stabilized, on this list 0.0125 inches per year to allow for a request the definition for ‘‘defect’’ be because at 50 °F and 100 percent minimum steel thickness of 0.3125 placed only in § 180.503 to represent concentration this material has a inches in a 10-year cycle. GATX states what is meant by the term everywhere corrosion rate on steel of less than 2 the proposed definition suggests a else it appears in 49 CFR Part 180,

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Subpart F, instead of repeating the full ‘‘maintenance’’ under § 180.503. disagree with commenters that the definition in each place the term is AllTranstek states the rail industry uses words ‘‘maintenance’’ and used, such as in § 180.509(b). We agree the words ‘‘maintenance’’ and ‘‘qualification’’ can be used with the commenters that this revision ‘‘qualification’’ interchangeably, and the interchangeably. In this rule, PHMSA promotes clarity, and will make this way these terms are defined in the proposed a general definition of change. NPRM causes confusion. AllTranstek maintenance to cover its broad C. Inspection and Test states PHMSA needs to revise these applicability to the elements prescribed definitions to clarify when an owner or in § 180.509. Under this section, In the NPRM, PHMSA and FRA used tank car facility is responsible for maintenance can be classified as the phrase ‘‘inspections and tests’’ as determining if a tank or component of scheduled (periodic inspection) or part of the qualification definition by a tank car is qualified for continued use. unscheduled (non-periodic inspection); stating these were required through GATX states the definition should it can also include activities that careful and critical examination to include any repair, from the ordinary to support qualification and those that do accomplish qualification. AllTranstek the extraordinary. This commenter also not. Maintenance activities that support and the CIT Group ask PHMSA to revise noted the proposed rule does not make qualification are repairs made to the the final rule by adding a new definition clear what ordinary repairs are under tank car features that are specifically for ‘‘inspection and test’’ to clarify what the HMR. ARL and UTLX recommend inspected and tested in conformance this wording means. AllTranstek and that the definition for maintenance be with the requirements under § 180.509. the CIT Group specifically request that clarified to ensure users of these A tank car owner is required to establish this definition include wording that requirements have a clear inspection intervals, based on means an activity intended to: (1) understanding of what is meant by Assess the current condition of experience and data analysis, maintenance, inspection and test, and throughout which the car will remain equipment against the applicable tank qualification. UTLX requests the car specification (i.e., acceptance qualified to transport hazardous ‘‘maintenance’’ definition exclude materials. It is important to note that criteria), (2) test the operation or activities that are performed by functionality of the equipment, and (3) unscheduled maintenance activities that operators and shippers at facilities that support qualification should be an determine if maintenance is required to are not certified or registered by the restore the equipment to its indicator to the tank car owner that its AAR. Several commenters also request inspection (qualification) interval may specification. PHMSA revise the definition for FRA interprets an ‘‘inspection’’ to be not be adequate and should be ‘‘maintenance’’ to state it is performed a visual examination to search for reevaluated. We interpret after an inspection and test and includes physical indications of deterioration or ‘‘qualification’’ as prescribed failure, and a ‘‘test’’ to be a physical maintenance tasks that return a tank car inspections and tests that must be demonstration that the tank or features to its current specification, such as performed to verify that a tank car is in function as designed. A tank car’s lubricating a bolt, replacing a gasket or satisfactory condition for continued use successful completion of its inspection valve, or tightening fastener, replacing a and, thus, meets the requirements of the and test means it should remain in cracked weld, and replacing metal loss. HMR. As stated earlier in this preamble, compliance throughout the These commenters state maintenance PHMSA and FRA interpret ‘‘ordinary’’ predetermined qualification interval. does not include modifications that repairs as ‘‘routine’’ repairs and PHMSA and FRA consider these would alter the tank car’s specification activities that are needed to maintain an qualification tasks. PHMSA and FRA or maintenance activities (e.g., replacing in-operation tank car to its specification also agree with commenters that adding a manway gasket, lubricating fasteners, after completion of its last satisfactory regulatory language in this final rule tool tightening fasteners) that are qualification and before its next that explains what is meant by performed by operators at facilities not qualification is due. We also interpret inspection and test, although we believe registered or certified by the AAR. ‘‘extraordinary’’ repairs as unexpected the word ‘‘test’’ is self-explanatory. GATX Corporation questions what repairs that occur between inspections Therefore, PHMSA will add a definition ‘‘ordinary’’ repairs in the maintenance and are needed to address the failure of to § 180.509 to clarify what is meant by definition means, and suggests that a tank car or its appurtenances covered ‘‘inspection and test.’’ PHMSA there is no need to exclude under 49 CFR Part 180, Subpart F. considers ordinary repairs to be extraordinary repairs from this Therefore, PHMSA will add a definition ‘‘routine’’ maintenance and definition. GATX Corporation also for ‘‘inspection and test’’ to § 180.503, extraordinary repairs to be unexpected requests the definition be revised to and language to § 180.509 to clarify repairs needed to address a tank car’s read as follows ‘‘Maintenance means what is meant by this wording. Further, failure that occurs between inspections, necessary and proper inspection, PHMSA and FRA note the commenters such as repairs due to incidents, or upkeep, or preservation, including who recommended that PHMSA revise repairs that will typically cause a tank ordinary repairs.’’ the definition of maintenance to apply car to be removed from service. PHMSA PHMSA and FRA agree with to repairs performed at AAR registered and FRA agree with commenters that commenters that maintenance can or certified facilities only did not use of the words ‘‘ordinary’’ and include tasks such as lubricating a bolt, provide information on the costs and ‘‘extraordinary’’ are subjective and, replacing a gasket or valve, or tightening benefits associated with this proposal. thus, confusing. Therefore, PHMSA will a fastener. PHMSA and FRA also agree The FRA believes eliminating work replace the word ‘‘ordinary’’ with with commenters that maintenance performed at facilities that are not ‘‘routine’’ and remove the word tasks include significant repairs to registered or certified by the AAR may ‘‘extraordinary’’ from the definition for return a tank car to its specification, introduce costs and operational delays maintenance in § 180.503. such as repairing a cracked weld and that are prohibitive, and that replacing a tank car’s metal loss, or insufficient information exists to make D. Maintenance damage resulting from activities this determination at this time. In the NPRM, PHMSA and FRA involving a tank car’s inspection and Therefore, PHMSA is denying this proposed to add a definition for test. However, PHMSA and FRA request from the commenters, but may

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consider it in a future rulemaking if incorporated into this rulemaking’s revising the definition for sufficient cost and benefit information revisions to 49 CFR Part 180. In ‘‘qualification’’ in § 180.503 to clarify becomes available. Depending on the addition, GATX Corporation states the that only those provisions in M–1002 work required, the FRA notes most work section references in § 171.7 for the concerning tank cars apply, and is performed on DOT specification tank AAR’s M–1002 include requirements adding a definition for ‘‘inspection and cars and tank cars transporting regulated that do not have anything to do with test’’ in § 180.503 to clarify its meaning commodities must be done by registered tank cars or their qualification, such as in the qualification definition. or certified facilities. Also, the HMR requirements for intermediate bulk and In the NPRM, the definition for cover work that must be performed by ton containers as well as tank car qualification under § 180.503 states in registered or certified facilities. As a manufacturing. GATX Corporation its second sentence that ‘‘Qualification result, the FRA has determined requests that this definition include is accomplished by careful and critical distinguishing between work performed only those M–1002 requirements that examination using inspections and tests at registered or certified facilities and apply to tank car qualification by based on a written program that verifies those facilities that do not have either inserting the phrase ‘‘applicable to tank conformance, followed by a written one of these designations would result car qualification’’ in the definition representation of that conformance.’’ in little, if any, cost implications. where it refers to AAR’s M–1002. The third sentence of this definition AllTranstek states qualification is states ‘‘A tank car that passes the E. Qualification merely the final process of verifying and appropriate tests for its specification, In the NPRM, PHMSA proposed to representing in writing that the has a signed test report, is marked to add the definition ‘‘qualification’’ as scheduled or non-scheduled work was denote this passage, and is considered ‘‘relevant to a tank’’ to mean ‘‘the car performed properly, and recommends qualified for hazardous materials conforms to the specification to which the qualification definition be revised as transportation under this subchapter.’’ it was built or modified, to the follows: Some commenters request PHMSA requirements of this Subpart, to the revise the definition of the word Qualification means the act or process of requirements of the AAR Tank Car verifying, validating, and certifying in ‘‘qualification’’ to state it involves Manual * * * and to the owner’s writing that an item conforms to the design verifying in writing that the work acceptance criteria. Qualification is specification. Qualification is something you performed on a tank as well as a tank accomplished by careful and critical do after an inspection and test, after car component was done properly and examination using inspections and tests maintenance, or after a modification (i.e., an that this work complies with the based on a written program that verifies alteration or conversion) that changes the requirements for its specification after conformance, followed by a written design specification. [* * *] this work is completed. Some representation of that conformance. A AllTranstek also states the HMR commenters also request that the tank car that passes the appropriate tests require persons who perform inspection qualification definition be revised to for its specification, has a signed test and test, maintenance, or modification require that in addition to passing the report, is marked to denote this passage, functions on a tank or component appropriate tests a tank car must pass and is considered qualified for subject to the HMR to prepare a report appropriate inspections, as well. For hazardous materials transportation and sign it; thereby, certifying the tank example, AllTranstek states scheduled under’’ the HMR. For ease of use, Note or component is ‘‘qualified for testing (e.g., every 10 years) and non- 1 of the table of required tank car tests continued use’’ and conforms to its scheduled maintenance and repair and inspections that accompanies this design specification, or a new design activities both require an inspection. definition was revised to include the specification given proper approvals. As stated earlier in this preamble, reference to § 180.509 where paragraph See § 180.1. PHMSA and FRA agree with (f)(2) is found. This qualification PHMSA and FRA agree incorporating commenters that tank car qualification definition varies from the one the entire AAR M–1002 into the definition, as this word was previously prescribed in TCQ–1 in that it is qualification definition without limiting used under TCQ–1, requires that the reorganized and revised to state in the it to only those requirements applicable tank car and its service equipment be first sentence what the term means, in to tank car qualification is confusing inspected and tested to verify that the the second sentence how to achieve it, and alters the scope of this definition as work performed meets the owner’s and in the last sentence what is meant it was used in TCQ–1. The TCQ–1 acceptance criteria. The definition also by written representation of successful definition of qualification proposed in states the work must have test. the NPRM includes (1) inspection and ‘‘documentation of that conformance’’ ARL and UTLX state additions to the test, (2) verifying that the results of the and a ‘‘signed test report.’’ Because the qualification definition in the NPRM inspection and test meet the owner’s qualification definition already satisfies changed its scope to incorporate the acceptance criteria, and (3) these commenters’ requests, no further entire AAR Manual, and request that it representation that the tank car meets revisions of this type are needed to the be revised to reference the AAR the criteria. The revised definition definition. Therefore, PHMSA is M–1002, Section C–III, Appendix D. AllTranstek recommended separates denying this request. These commenters state incorporating verification and representation from the AllTranstek requests PHMSA remove the entire manual into the qualification inspection and test. FRA considers the table in the ‘‘qualification’’ definition will not allow tank car inspection and testing (e.g., careful and definition in § 180.503, or move the owners needed flexibility except critical examination) to be an integral leakage pressure test on this table to the through the issuance of another special part of the definition of qualification in ‘‘service equipment’’ definition in permit. These commenters also state DOT–SP 12095. Also, PHMSA and FRA § 180.509(k), since a leakage pressure because the reference to the December agree with the commenters that adding test is required to be performed after 2000 version of the AAR’s M–1002 does a definition for inspection and test to service equipment is applied to the not include additional tank car the HMR in this final rule would help tank. Leakage pressure tests reveal tank qualification requirements in the AAR’s clarify its intent that the qualification car leaks where valves are connected latest Appendix D, this would allow definition be used as it was prescribed and also leaks on welds around and obsolete requirements to be in DOT–SP 12095. Therefore, PHMSA is between pads. Leakage pressure tests

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can also be performed and passed PHMSA is denying the commenters’ ensure that no in-service tank will independent of qualification. PHMSA request. deteriorate below the specified and FRA agree with commenter that a minimum thickness requirements H. Representation leakage pressure test must be performed prescribed in DOT–SP 12095. TCQ–1 after service equipment is applied to a In the NPRM, PHMSA and FRA does not include a definition for tank car (see § 180.509(j)). Therefore, propose to reword the definition for materials that are reactive to a tank. PHMSA and FRA agree that the table ‘‘representation’’ in § 108.503. ARL Since the issuance of TCQ–1, FRA has under the qualification definition is no states the definition for ‘‘representation’’ become aware of incidents involving longer needed and will be removed. in the NPRM does not agree with the chemicals reacting with tank cars and proposed regulatory text for §§ 180.511 their components through the use of F. Reactive to the Tank or Service and 180.517(b) in that it doesn’t inadequate or defective tank car Equipment recognize retaining documents coatings and/or linings. Some of these In the NPRM, PHMSA proposed to electronically. This commenter reactions are corrosive but others add a definition for ‘‘reactive to the tank recommends PHMSA revise the include mixtures of gases or vapors that or service equipment’’ under § 180.503. proposed definition of representation to could significantly reduce the Some commenters request PHMSA recognize electronic document retention effectiveness of a tank car. Examples remove the definition ‘‘Reactive to the to eliminate confusion. include: PHMSA and FRA disagree that • tank or service equipment’’ from Hydrolysis resulting in the requirements concerning electronic § 180.503, and the wording ‘‘or reactive’’ formation of dilute acid; retention of data need to be repeated in • from § 180.509(f)(2)(ii)(A) so that Preferential corrosion of a carbon the ‘‘representation’’ definition materials that react with the tank to steel tank in the presence of stainless concerning the representation of a tank produce heat, gases, or pressure but are steel components (e.g., if an internal car’s qualification. This definition not corrosive to the tank’s base metal coating of a carbon steel tank has a establishes that a tank car is qualified will not place an unnecessary burden on small breach and the contents of the and railworthy through documentation tank car owners and operators to tank equipped with a stainless stee in writing or marking, thereby, frequently inspect tank car thickness. siphon pipe form a conductive liquid, explaining what ‘‘qualification’’ means the tank will experience concentrated, FRA understands the commenters’ and not the documents required for it, aggressie corrosion at the location of the concerns about an owner being which are in other HMR sections. breach; and responsible for protecting the tank However, PHMSA and FRA • Generation of excessive pressure or against adverse conditions not related to acknowledge that referencing the explosive, flammable, toxic, the preservation of tank shell thickness. applicable sections in §§ 180.511 and asphyxiating vapors when the material However, FRA disagrees with the 180.517 would assist the user with in the tank car is exposed to the tank commenters that owner should not be applying these requirements. Therefore, and/or its components, heat, or held responsible. Both DOT–SP 12095 for clarity, PHMSA is adding the moisture. and the changes proposed in the NPRM appropriate references for these sections FRA is aware of incidents where a for § 180.509 appropriately hold the to the definition of representation in chemical was placed in a tank car with coating/lining owners responsible for § 180.503. an incompatible or defective lining the performance of their coatings and/or allowing the chemical to come in linings. Similarly, the tank car owners I. Safety System contact with the steel of the tank and must remain responsible for the overall In the NPRM, we proposed to add a react. In one instance, the pressure reliability and safety of their tank cars. definition for ‘‘Safety system’’ under generated from the reaction within the Tank car owners must assert control § 180.503. ARL requests for clarification tank was sufficient to cause the pressure over the materials transported in their that PHMSA replace the wording ‘‘the relief device to become unseated from tank cars through lease agreements. FRA HMR’’ in the NPRM’s proposed the tank car. No one was injured, but the has learned too many shippers defer to definition for ‘‘Safety system’’ with the tank car was severely damaged and had a product purity (PP) designation for wording ‘‘this subchapter.’’ PHMSA and to be removed permanently from their coating/lining if a commodity is FRA agree with the commenter that this service. The FRA determined in each of not listed in DOT–SP 12095’s Appendix wording may clarify the full scope of the these scenarios the tank car lining D table. Tank car owners must require applicability of this definition, and will owners believed the lining or internal that their lessees demonstrate that both make this editorial change. coating used in an in-service tank car the internal coating/lining and the Under § 173.24 of the HMR, was there to ensure product purity designation and subsequent inspection paragraphs (b)(2) and (b)(3) prohibit a when it was actually needed to protect intervals and methods used are package used for the shipment of the tank. Also, FRA learned some tank appropriate. Therefore, FRA believes the hazardous materials to be made, filled, car lining owners assume no coating/ requirement proposed in the NPRM for and closed so that under normal lining inspections are required for tank § 180.509(f)(2)(iii)(A) is reasonable transportation conditions there will be cars that contain products not included unless it can be demonstrated that the no identifiable release hazardous on the TCQ–1 Appendix A list. Both reaction of the material with the tank materials and the effectiveness of the assumptions are incorrect. A coating or that produces heat, gas, or pressure, package will not be substantially lining owner must understand and does not affect in any way the reduced. Further, the NPRM proposed prevent conditions that can cause mechanical properties of the steel or to incorporate Appendix A of TCQ–1, adverse reactions to comply with the cause changes in appearance in exposed which lists materials that are capable, general packaging requirements for all areas of the tank or its service under certain conditions, of corroding a hazardous materials packagings equipment that could be identified tank car or its service equipment. The prescribed in § 173.24(b). Under during a visual inspection. If these language that precedes the lists in the § 173.24(b), a package used for the conditions are met, the owner could appendix explains that the list is not all- shipment of hazardous materials must then request an alternative inspection encompassing and reminds owners and be designed, constructed, maintained, procedure under § 180.509(l). Therefore, operators that they have a duty to filled, its contents so limited, and

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closed, so that under conditions that owner. Therefore, PHMSA is denying specification requirements. In the normally occur in transportation: (1) this request. NPRM, PHMSA proposed to revise the There will be no identifiable release of first sentence in (b)(2) of § 180.507 to J. Tank Car hazardous materials to the environment; require the owner or operator of a tank (2) the effectiveness of the packaging In the NPRM, PHMSA and FRA car authorized to transport a cryogenic will not be substantially reduced; and proposed to incorporate the liquid that conforms with a special (3) there will be no mixture of gases or requirements for tank cars in TCQ–1 permit or exemption issued before vapors in the package which could with modifications under the HMR. October 1, 1984 remove the special through any credible spontaneous AllTranstek requests the term ‘‘tank car’’ permit or exemption number and re- increase of heat or pressure, be changed to ‘‘tank and components mark the tank car with the appropriate significantly reduce the effectiveness of subject to this subchapter’’ throughout Class DOT–113 specification followed the packaging. If adverse reactions can the regulatory text proposed for 49 CFR by the applicable special permit be prevented by installing a lining or Part 180. This commenter states this number. We did not receive any internal coating, the coating or lining wording is consistent with the scope of comments on this proposal. However, must be maintained and/or inspected as §§ 179.1(a), 179.2(a)(11), and 180.501 in after this provision was issued the FRA required in Subpart F of 49 CFR Part that it will clarify that trucks, wheels, determined the need for this section no 180. In addition, a coating or lining axles, airbrake equipment, draft longer exists because most of the tank applied with the primary purpose of systems, and safety appliances of a tank cars subject to this paragraph have been protecting the product is subject to car are subject to the FRA’s regulations modified, that one special permit of this periodic inspections and test prescribed in 49 CFR Parts 215, 231, and type may exist, and that the tank cars requirements. PHMSA and FRA 232, but not the HMR. authorized under that special permit PHMSA and the FRA agree that proposed in the NPRM to add a new have already been marked with the certain components of a tank car are definition for ‘‘reactive to the tank and current DOT–SP number. Therefore, solely subject to FRA regulations, but service equipment’’ and modify related PHMSA is removing § 180.507(b). requirements concerning the safe regulatory text in §§ 180.503 and design, use, and testing of a tank car and Section 180.509 180.509 to address these safety its components are also prescribed in concerns. Therefore, PHMSA is denying Section 180.509 specifies the HMR. In addition, although the these commenters’ requests. requirements that each tank car facility HMR contains several references to tank shall use to inspect and test the GATX Corporation states that the cars, neither ‘‘Tank car’’ or ‘‘tank car specification of tank cars. In the NPRM, shipper and not the tank car owner tank’’ are specifically defined in the PHMSA proposed to add requirements should be responsible for ‘‘protecting HMR or DOT–SP 12095. ‘‘Tank and under § 180.509(b) to require the owner the tank against other adverse components subject to this subchapter’’ of a tank car coating or lining to perform conditions not related to preservation of is a phrase that is also not used or an appropriate inspection and test tank shell thickness, such as reactivity defined in the HMR. Further, FRA and according to the type of defect and that results in pressure build up, PHMSA believe this phrase in maintenance or repair performed if the harmful byproducts, etc.’’ misleading in that the systems of a tank tank car shows evidence of abrasion, PHMSA and FRA agree with this car depend on each for the safe corrosion, cracks, dents, distortions, commenter that shippers should be operation of the entire tank car and defects in welds, or any other condition responsible for ensuring tank car lining should not be examined or managed that would make the tank car unsafe in integrity and appropriateness as well as individually in a manner that relieves transportation or if the tank car was the tank shell’s thickness. Shippers are the shipper or carrier of specific involved in an accident and shows often the tank car lessees, and they often individual requirements, such as relief evidence of damage that may adversely apply or have applied tank car coatings from a one-time movement or subjective affect its capability to retain its contents and/or linings to mitigate the specific assessments of conditions normally or otherwise remain railworthy. The risks of transporting their material in a deemed to be unsafe in transportation conditions and frequencies of tank car. On the other hand, lessor tank such as determining only damage or inspections and tests are based on the car owners may not know what cracks of a specific size are subject to tank car owner’s or coating or lining materials are loaded in their tanks such the regulations. PHMSA and FRA agree owner’s knowledge of the tank car and/ that they are unable to ensure the with the commenters that adding a or coating or lining. The procedures and integrity or appropriateness of a tank definition for ‘‘tank car tank’’ would intervals proposed in the NPRM and car’s coating and/or lining. In addition, provide clarity and promote consistency prescribed in this final rule are intended FRA and PHMSA believe shippers of when complying with these regulations. to prevent failure between inspections materials in tank cars have the most PHMSA and FRA recognize that this and minimize the liability of shipping knowledge about the risks of the definition was not proposed in the hazardous materials. materials about the risks of the materials NPRM, and may be subject to possible ARL and GATX request that PHMSA they ship and the types of lining revision in a future rulemaking, but change the title in the NPRM for needed. FRA and PHMSA also believe believe its addition will promote the § 180.509(b) from ‘‘Conditions requiring it is appropriate that they be responsible consistent understanding of this inspection and test of tank cars’’ to for visually inspecting coatings and wording in the HMR and, thereby, ‘‘Conditions requiring qualification of linings and determining their improve safety. Therefore, PHMSA is tank cars’’ because it is inconsistent compatibility with the load being accepting this commenter’s request. with the use of the word ‘‘qualification’’ shipped. However, a tank car owner is in the titles of § 180.509 (Requirements still responsible for its tank car and Section 180.507 for qualification of specification tank must establish the conditions under Section 180.507 specifies that each cars) and § 180.509(c) (Frequency of which interior coatings and lining can DOT specification tank car used to qualification). ARL and UTLX also be applied or removed as well as the transport hazardous materials must request PHMSA change the title ‘‘Tank materials that may be in a tank car, even meet the requirements of 49 CFR Part and Shell Thickness Qualification if the owner is not the coating or lining 180, Subpart F or its applicable Frequencies’’ for Figure A under

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§ 180.509(f)(2)(iii)(B) to ‘‘Tank Shell or with results from linings in other (2) must obtain the permission of the Head Thickness Qualification services. equipment owner before performing Frequencies’’ because this section has Section 180.511 work that would affect the alteration, been updated in the proposed conversion, repair, or qualification of rulemaking to include tank car heads. Section 180.511 specifies what results the owner’s equipment; and (3) after the PHMSA and FRA agree with the are acceptable to qualify tank car work is performed, the tank’s service commenters that the changes to these inspections and tests. In the NPRM, equipment must successfully pass the titles clarify for the user what is covered PHMSA proposed: (1) To revise the leak test prescribed in § 180.509(j). in this paragraph and table. PHMSA introductory text of § 180.511 to require We did not receive any comments on will make these changes. the representation of a qualified tank this proposal. Therefore, it is being In the NPRM, PHMSA proposed to car’s inspections and tests to be marked adopted as proposed in the NPRM. The require in 180.509(d)(2) that tank cars be on the tank in conformance with FRA notes the time needed to perform visually inspected when a lining, § 180.515, (2) to revise § 180.511(d) to the tasks prescribed in the new coating, head protection, insulation, or include a requirement that the safety thermal protection is partially or totally system inspection must also show no requirements and their costs may removed. PHMSA and FRA also indication of a defect that may reduce increase a little initially but should proposed under § 180.509(e)(4) to the reliability of a tank car before its result in tank cars being sent to permit direct, remote, or enhanced next inspection and test, (3) to revise approved facilities over time. § 180.511(g) to require a hydrostatic test visual inspection. UTLX requests Historically, the FRA has found work for the inner tank of a DOT Class 115 PHMSA revise § 180.509(e)(4)(v) to list performed on tank cars at approved specification tank car, and (4) to add visual testing as ‘‘VT’’ and remote visual facilities has resulted in improvements § 180.511(h) to establish acceptable inspection as ‘‘RVI’’ to agree with AAR in their safe performance. Also, the FRA results for inspection and test M–1002, Section C, Part III, Appendix notes a tank car and its service requirements for service equipment. T, which defines these terms separately. equipment must successfully pass the We did not receive any comments on leak test prescribed in § 180.509(j) prior PHMSA and FRA agree with this these proposals. Therefore, they are to the release of a tank car from a repair commenter’s suggestion that this change being adopted as proposed in the facility. is consistent with AAR M–1002 and NPRM. However, the FRA notes that will make the change in this final rule. there are approximately 370 DOT Class Section 180.515 With regard to a tank car coating or 115 specification tank cars in existence, lining service history under based on 2010 numbers, and this is a Section 180.515 specifies the marking § 180.509(i)(2), the FRA notes the owner very small percentage of the entire tank requirements for tank cars that pass must define an inspection interval. If car fleet. Further, the FRA states these their inspections and tests with coating or lining inspection has not tank cars are hydrostatically tested in acceptable results. In the NPRM, been performed in that interval, the lieu of the structural integrity test, and PHMSA proposed to require that tank coating or lining owner has committed there is little cost difference between car marking requirements in a violation. Under these new these tests. The FRA also states we § 180.515(a) be revised to establish that requirements, this owner must also cannot know all the acceptance criteria dates displayed on a consolidated define the acceptance (or rejection) currently used to inspect and test stencil take precedence over dates that criteria for the coating or lining. If the service equipment, so the costs are modified and not stenciled, inspection result indicates its condition associated with these tasks are difficult pursuant to interval adjustments for did not meet the minimum acceptance to quantify, but the FRA believes those service equipment, linings, and granted criteria, the coating or lining owner has facilities that were pressure testing the alternative inspection intervals. The committed a violation. Further, the FRA valve rather than ‘‘disassembling and NPRM also proposed to revise wants the following information inspecting’’ may experience a cost § 180.515(b) to specifically list collected and available during increase of $100.00 to $200.00, which converted DOT 105, 109, 112, 114, and inspections concerning tank car coatings may be considerable, to perform the 120 specification tank cars, instead of and linings: (1) Manufacturer latter type of inspection. In addition, the recommendations, (2) previous ‘‘pressure converted’’ tank cars, as being FRA states a valve rebuild, depending required to have new specification and inspection reports, (3) repair records, (4) on its condition, could also increase service history (in the form of the conversion date markings. We also costs along with the rate of valve proposed to revise § 180.515(c) to number of trips), and (5) in-service replacement. inspections. The intent of the coating/ require that the ‘‘installation date’’ of a lining inspection requirement is for the Section 180.513 reclosing pressure relief device on a coating/lining owner to analyze Section 180.513 specifies the tank car must be the test date the device inspection and test results with respect requirements a tank car facility must is qualified, instead of ‘‘pressure to the specific lading(s) the tank car is comply with to perform repairs, tested,’’ which must be within six transporting. For example, if a shipper alternations, conversions, and months from the date it was installed has fleet of rubber-lined cars and has modifications to a tank car. In the and protected from deterioration. The transported three different commodities NPRM, PHMSA proposed to revise FRA notes tank car owners must now in the cars, the shipper needs to paragraph (a), revise paragraph (b) and ensure the stencils on their cars are evaluate the inspection and test results renumber it paragraph (c), and add new accurate to avoid civil penalties relative to a specific commodity paragraphs (b) and (d) to require that: (1) resulting from the discovery of assuming the tank car is in dedicated In addition to having to comply with the violations during inspections; however, service. Stated another way, if a tank car AAR’s Specifications for Tank Cars, a this provision should result in no is used for hydrochloric acid service, tank car facility making repairs, additional costs. We did not receive any the shipper needs to consider the alterations, conversions, or comments on this proposal. Therefore, it performance of the lining to that service modifications to a tank car must comply is being adopted as proposed in the rather than aggregating the test results with the tank car owner’s requirements; NPRM.

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Section 180.517 1002. The AAR describes these On January 25, 2011, FRA published Section 180.517 specifies the materials as having a corrosion rate of a notice in the Federal Register reporting and record retention 2.5 mpy or more. We agreed with the providing approval of certain tank cars requirements of certified specification commenters to make this change but to exceed the gross load on rail (GRL) tank car tanks. In the NPRM, PHMSA emphasized that the list in Appendix D limitation of 263,000 pounds without proposed to revise § 180.517(a) to is not exhaustive, and includes any the need for a special permit (76 FR require the builder’s signature on a tank material that can cause corrosive 4250). FRA also stated in the notice that car’s certificate of construction and damage to a tank car or its service all markings on tank cars subject to the marking of the tank car with the tank’s equipment or that otherwise reduces the GRL special permits that had been specification as representation that all reliability and safety of their design. incorporated into the HMR under the the appropriate inspections and tests final rule PHMSA published on May 14, were performed successfully and the Sufficient Time To Remove Obsolete 2010 (Docket No. PHMSA–2009–0289, tank is qualified for use. PHMSA also Special Permit Markings on Tank Cars 75 FR 27205, 5/4/2010), must be proposed in the NPRM to revise In its comments, Dow requests, on removed or obliterated by January 25, 2012, or at the tank car’s first shopping § 180.517(b) to require that the written behalf of the Rohm & Haas Company, event, whichever came first. FRA report of a tank car’s qualification that PHMSA provide ‘‘sufficient extra received several requests after the inspections and tests must be provided time to obliterate special permit number publication of that notice to extend the in a common readable format to FRA stenciling from each rail tank car’’ at or deadline for removing the special upon request, and must include the tank before the tank car’s next permit markings from tank cars to the car reporting mark and number, requalification. Dow states if PHMSA specification, name of the inspector, and date each subject tank car is required to requires DOT–SP stenciling to be have its next qualification under 49 CFR the unique code (station stencil) removed at the tank car’s shipping identifying the facility. The FRA’s Part 180 to reduce costs and eliminate location prior to its next shipment, Dow the need to provide hazmat employees inspection authority currently affords its would incur additional costs of staff access to this information. As a in locations where this task is normally approximately $30,000 or $70,000 to result, the regulations prescribed for this not performed with the proper obliterate each stenciling, as well as section should result in no additional equipment and training to perform the operational constraints to perform this costs. We did not receive any comments task. On January 27, 2012 (77 FR 4271), task safely. The issue of special permit on this proposal. Therefore, it is being FRA agreed with the commenters’ stenciling or marking removal was not adopted as proposed in the NPRM. requests and issued a notice entitled discussed in the NPRM for this ‘‘Special Permit Marking Removal’’ in Appendix D to Part 180 rulemaking action. However, effective the Federal Register that extended the PHMSA proposed to add a new 49 March 3, 2011, PHMSA did issue a final deadline for removing the special CFR Part 180, Appendix D, to include rule concerning cargo tanks under permit markings from tank cars to the materials the FRA has determined may, Docket No. PHMSA–2010–0017 (HM– date each subject tank car is required to under certain conditions, corrode 245, 2/1/2011, 76 FR 5483) that added have its next qualification under 49 CFR carbon steel tanks or service equipment a provision under § 173.23(h) to Part 180. Based on the new § 173.23(h) at a rate that may reduce their authorize any packaging permanently and recent FRA notice, PHMSA has reliability. The provisions concerning marked with a special permit number determined the commenter’s request has Appendix D of Part 180 were discussed (DOT–SP) that has been incorporated already been met and no further action earlier in this preamble under the into the HMR to continue to be marked is needed. heading Section 180.503 for the with that obsolete special permit definition of ‘‘Corrosive to the tank or number for the life of the packaging, i.e., Table Summary of the Provisions service equipment.’’ We stated some without removal or obliteration. Neither Adopted Into Part 180 From DOT–SP commenters request PHMSA revise the the final rule issued under Docket No. 12095 list to exclude materials that do not HM–245 final rule nor the HMR require For ease of the reader, the following meet the AAR’s description of materials non-permanent special permit stencils table summarizes the changes that are corrosive to the tank in Section or markings to be removed if the special incorporated into 49 CFR Part 180 from C, Part III, Appendix L, of the AAR’s M– permit is obsolete. DOT–SP 12095.

Proposed change to 49 CFR Number Section No. Part 180 Proposed change from DOT–SP 12095

1 ...... 180.501 ...... Applicability ...... Existing paragraph (b) is now paragraph (c), and new paragraph (b) and (d) are added to clarify, respectively, the minimally acceptable frame- work each owner’s tank car qualification program must have, and specifies that documents must be made available upon request to FRA or an authorized representative of the U.S. Department of Transpor- tation. 2 ...... 180.503 (Definitions) ...... Bottom shell ...... Not added. This definition already exists in § 171.8. Coating/lining owner ...... Minor edits. ‘‘Coating’’ made first word in definition to clarify that this defi- nition applies to internal tank car coatings and linings only. Corrosive to the tank or serv- Added corrosion rate requirement. ice equipment. Defects ...... Added to eliminate industry confusion. Design level of reliability and Minor edits. safety. Inspection and test ...... Added to aid industry compliance. Interior heating system ...... No change. Lining/Coating owner ...... Changed to ‘‘Coating/lining owner.’’ Minor edits. Maintenance ...... Minor edits.

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Proposed change to 49 CFR Number Section No. Part 180 Proposed change from DOT–SP 12095

Modification ...... Added to aid industry compliance. Objectively reasonable and Added to explain the use of this term in § 180.509(b)(4). articulable belief. Qualification ...... First sentence states what the term means instead of how to achieve it. Second sentence (essentially unchanged) states how to achieve quali- fication and emphasizes that ‘‘qualification’’ requires a representation that the process has been completed successfully. The table that ref- erenced the qualifying tests and inspections has been removed. Railworthy, Railworthiness .... Explains the term. When FRA requires a recall of a tank car or series of tank cars it issues a ‘‘Railworthiness Directive.’’ It is revised to include that the tank car must conform to the HMR, and is otherwise suitable for continued service’’ Reactive to the tank or serv- Adds reactivity language based on § 173.24(b)(2) and (3). ice equipment. Reinforced tank shell butt No change. weld. Reinforcing pad...... The word ‘‘plate’’ was changed to ‘‘pad’’ to be consistent with §§ 179.100–16 and 179.200–19. No change to the definition. Reliability ...... No change. Representation ...... Reworded. Safety system ...... Minor edits. Service equipment ...... Minor edits. Service equipment owner ..... Added to clarify the party responsible and to accommodate a growing trend in the industry that the owner of the car may or may not own the service equipment. Tank car owner ...... This is a codification of previous FRA interpretations and statements. Tank car tank ...... Added to aid industry compliance. Top shell ...... Not added. This definition already exists in § 171.8. 3 ...... 180.507 ...... Paragraph (b)(2) ...... Removed. Paragraph (b)(5) ...... This TCQ–1 paragraph is omitted but language is used from existing § 180.507(b)(5). 4 ...... 180.509 ...... Paragraph (a)(4) ...... Added last sentence to ameliorate a concern from tank car owners that modifications have been made to their cars without their knowledge; minor edits. Paragraph (b)(4) ...... Replaced ‘‘probable cause’’ with the wording ‘‘objectively reasonable and articulable belief’’ because the former is a term of art in criminal law and is also used in FRA drug and alcohol regulations. The intent of § 180.509(b)(4) is to create a less-stringent standard than that of an emergency order, but rigorous enough to compel a tank car owner to re-inspect and repair, if necessary, tank cars considered potential haz- ards irrespective of their periodic test and inspection requirements. Paragraph (c)(3) ...... Minor edits. Paragraph (d) ...... Minor edits. Paragraph (d)(2) ...... Added last sentence for clarity. Paragraph (d)(3) ...... Added ‘‘Corrosion’’ as specific element for inspection. Paragraph (d)(5) ...... To insure inclusiveness, added ‘‘all closures’’ as substitute for specific item names. Paragraph (d)(6) ...... Dropped ‘‘operability’’ test of excess flow valves because it is not a prac- tical test and a successful result might damage the excess valve seat and preclude seating in a future event. Paragraph (e)(1) ...... Replace ‘‘high-stressed structural elements’’ with the simpler words ‘‘structural elements.’’ Paragraph (f)(1) ...... Added the responsibility of the tank car owner for clarity. Paragraph (f)(4) ...... Added a general prohibition against operating overly thin tank cars; this responsibility is changed from putting it solely on tank car owners who often have no control over the day to day movements of their tank cars. Paragraph (g) ...... Minor edits; removes the language that implies only a ‘‘qualified indi- vidual’’ could find a thin tank car and invoke the restrictions in this paragraph. Paragraph (h) ...... No change. Paragraph (i) ...... Minor edits; adds requirement for shippers to visually inspect and ensure, as required under § 173.31(d)(1), that tank car coatings/linings are compatible with their material. Paragraph (j) ...... Minor edits; Replaced the wording ‘‘after reassembly of a tank car’’ from Part 180, Subpart F, and ‘‘installed on the tank car’’ with ‘‘installed, re- placed, or reinstalled on the tank car.’’ Paragraph (l) ...... Minor edits. Paragraph (m) ...... After 12/2010 the requirements of paragraph (m) should have been ful- filled. There may be late tank cars or tank cars with extended alternate inspection intervals; therefore, this provision will be retained for an ad- ditional 5–10 years. 5 ...... 180.511 ...... Added minor edits; included those in Part 180, Subpart F, to capture re- quirements for qualifying service equipment.

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Proposed change to 49 CFR Number Section No. Part 180 Proposed change from DOT–SP 12095

6 ...... 180.513 ...... Paragraph (a) ...... Reworded to encompass the whole AAR Tank Car Manual rather than certain appendices. Paragraph (b) ...... Added for clarification and as a reminder that tank car or component owners are responsible for verifying compliance with the owner’s main- tenance instructions. Paragraph (c) ...... Is the same language as existing paragraph (b) from DOT–SP 12095. The last sentence was added for clarification. 7 ...... 180.515 ...... Paragraph (a) ...... Added last sentence to clarify the primacy of dates marked in Appendix C of the AAR Tank Car Manual. 8 ...... 180.517 ...... Revised to clarify that marking or retaining the specification on the tank, either after initial construction in paragraph (a) or subsequent qualifica- tion in paragraph (b), is the ‘‘representation’’ of ‘‘qualification’’ defined in § 180.503.

IV. Rulemaking Analyses and Notices burden on society.’’ In this final rule, regulations that are less burdensome PHMSA will amend the HMR by overall, ensure better tank car integrity A. Statutory/Legal Authority for This incorporating alternatives this agency Rulemaking and performance, and provide greater has permitted under widely used and flexibility and clarity than the This final rule is published under the longstanding special permits with provisions currently prescribed in the authority of 49 U.S.C. 5103(b) which established safety records that we have HMR. Further, a large majority of tank authorizes the Secretary to prescribe determined meet the safety criteria for car owners who are parties to DOT–SP regulations for the safe transportation, inclusion in the HMR. Incorporating 12095 have developed written including security, of hazardous these special permits into regulations of procedures or purchased them from a material in intrastate, interstate, and general applicability will provide builder or management company like foreign commerce. 49 U.S.C. 5117(a) shippers and carriers with additional Alltranstek. The minority of tank car authorizes the Secretary of flexibility to comply with established owners who choose to not purchase Transportation to issue a special permit safety requirements, thereby reducing these procedures may experience an from a regulation prescribed in transportation costs and increasing expense developing them. However, §§ 5103(b), 5104, 5110, or 5112 of the productivity. they also have the option of approving Federal Hazardous Materials Some of the provisions in this final the procedures of the tank car facility Transportation Law to a person rule clarify existing responsibilities transporting, or causing to be under the HMR, such as provisions performing the inspections and/or transported, hazardous material in a incorporated by reference under the repairs; as a result, their costs should be way that achieves a safety level at least AAR’s Specifications for Tank Cars or a negligible. equal to the safety level required under shipper’s responsibility to ensure a Under § 179.24, the FRA notes that all the law, or consistent with the public packaging, in this case a tank car and its the tank car builders are parties to DOT– interest, if a required safety level does coating or lining, if applicable, is SP 12905; therefore the work prescribed not exist. This final rule will amend the compatible with the material it contains. under § 179.24 is already being regulations incorporating provisions Others clarify responsibilities that performed and the 30-day effective date from certain widely used and existed only in the special permits and also prescribed in this requirement is longstanding special permits that have are being incorporated into the HMR probably not necessary. through this final rule, such as the established a history of safety and With regard to § 180.509(g), the FRA TCQ–1 inspection criteria. Still other convert them into regulations for notes that there are approximately 370 provisions in this final rule were added general use. DOT Class 115 specification tank cars in in response to requests from B. Executive Order 12866, Executive commenters for safer procedures, existence, based on 2010 numbers, and Order 13563, and DOT Regulatory clarification, or were revised to convert this is a very small percentage of the Policies and Procedures them into regulations of general entire tank car fleet. Further, the FRA This final rule is not considered a applicability, such as adding: states these tank cars are hydrostatically significant regulatory action under Requirements that tank car and coating/ tested in lieu of the structural integrity section 3(f) and was not reviewed by the lining owners develop requirements for test, and there is little cost difference Office of Management and Budget repairs, alterations, etc., and users between these tests. The FRA also states (OMB). The final rule is not considered comply with these requirements; an we cannot know all the acceptance a significant rule under the Regulatory industry accepted corrosion rate to the criteria currently used to inspect and Policies and Procedures order issued by definition for ‘‘corrosive to the tank or test service equipment under the Department of Transportation [44 FR service equipment;’’ and, definitions for § 180.511(h), so the costs associated 11034]. user clarity such as the new definitions with these tasks are difficult to quantify, Executive Orders 12866 (‘‘Regulatory for ‘‘inspection and test’’ and ‘‘tank car but the FRA believes those facilities that Planning and Review’’) and 13563 tank.’’ Because of these revisions, some were pressure testing the valve rather (‘‘Improving Regulation and Regulatory members of the hazardous materials rail than ‘‘disassembling and inspecting’’ Review’’) require agencies to regulate in transportation industry may be unaware may experience a cost increase of the ‘‘most cost-effective manner,’’ to of some of the changes in this final rule $100.00 to $200.00, which may be make a ‘‘reasoned determination that and may experience short-term costs to considerable, to perform the latter type the benefits of the intended regulation implement them. However, we believe of inspection. In addition, the FRA justify its costs,’’ and to develop these costs will be offset by long-term states a valve rebuild, depending on its regulations that ‘‘impose the least savings and safety benefits from using condition, could also increase costs

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along with the rate of valve C. Executive Order 13132 criteria contained in Executive Order replacement. This final rule was analyzed in 13175 (‘‘Consultation and Coordination Under § 180.509, depending on the accordance with the principles and with Indian Tribal Governments’’). work required, the FRA notes most work criteria contained in Executive Order Because this final rule does not have performed on DOT specification tank 13132 (‘‘Federalism’’). This final rule tribal implications and does not impose cars and tank cars transporting regulated will preempt state, local and Indian substantial direct compliance costs on commodities must be done by registered tribe requirements but does not propose Indian tribal governments, the funding or certified facilities. Also, the HMR any regulation that has substantial and consultation requirements of cover work that must be performed by direct effects on the states, the Executive Order 13175 do not apply. registered or certified facilities. As a relationship between the national E. Regulatory Flexibility Act, Executive result, the FRA has determined government and the states, or the distinguishing between work performed Order 13272, and DOT Procedures and distribution of power and Policies at registered or certified facilities and responsibilities among the various The Regulatory Flexibility Act (5 those facilities that do not have either levels of governments. Therefore, the U.S.C. 601–611) requires each agency to one of these designations would result consultation and funding requirements analyze regulations and assess their in little, if any, cost implications. of Executive Order 13132 do not apply. Under § 180.513, the FRA notes the impact on small businesses and other Federal hazardous material time needed to perform the tasks small entities to determine whether the transportation law, 49 U.S.C. 5101, et prescribed in the new requirements and rule is expected to have a significant seq., contains an express preemption their costs may increase a little initially impact on a substantial number of small provision (49 U.S.C. 5125(b)) but should result in tank cars being sent entities. This final rule will amend the preempting state, local and Indian tribe to approved facilities over time. HMR to incorporate provisions requirements on certain covered Historically, the FRA has found work contained in seven widely used or subjects. Covered subjects are: performed on tank cars at approved (1) The designation, description, and longstanding railroad special permits facilities has resulted in improvements classification of hazardous material; that have an established safety record. in their safe performance. Also, the FRA (2) The packing, repacking, handling, Although many of the applicants may be notes a tank car and its service labeling, marking, and placarding of small businesses or other small entities, equipment must successfully pass the hazardous material; PHMSA believes that the amendments leak test prescribed in § 180.509(j) prior (3) The preparation, execution, and in this final rule will provide wider to the release of a tank car from a repair use of shipping documents related to access to the regulatory flexibility facility. hazardous material and requirements offered in special permits and eliminate Under § 180.515(a), the FRA notes related to the number, contents, and the need for numerous renewal requests, tank car owners must now ensure the placement of those documents; thus reducing paperwork burdens and stencils on their cars are accurate to (4) The written notification, facilitating commerce while maintaining avoid civil penalties resulting from the recording, and reporting of the an appropriate level of safety. Therefore, discovery of violations during unintentional release in transportation PHMSA certifies that the provisions of inspections; however, this provision of hazardous material; or this final rule will not have a significant should result in no additional costs (5) The designing, manufacturing, economic impact on a substantial because new regulations in this final fabricating, marking, maintaining, number of small entities. rule require those performing tank car reconditioning, repairing, or testing of a This final rule has been developed in work that requires stenciling (e.g., package, container or packaging accordance with Executive Order 13272 alteration, conversion, repair, or component that is represented, marked, (‘‘Proper Consideration of Small Entities qualification of the owner’s equipment) certified, or sold as qualified for use in in Agency Rulemaking’’) and DOT’s to obtain the tank car owner’s transporting hazardous material in procedures and policies to promote permission before performing that work commerce. compliance with the Regulatory and to inform the owner of required test This final rule addresses covered Flexibility Act to ensure that the results. subject items (2), (3), and (5) and will impacts of final rules on small entities Under § 180.517(b), the FRA’s preempt any State, local, or Indian tribe are properly considered. inspection authority currently affords its requirements not meeting the F. Paperwork Reduction Act staff access to this information. As a ‘‘substantively the same’’ standard. result, the regulations prescribed for this Federal hazardous materials PHMSA has approved information section should result in no additional transportation law provides at 49 U.S.C. collections under OMB Control Number costs. 5125(b)(2) that if PHMSA issues a 2137–0051, ‘‘Rulemaking, Special The commenters did not discuss regulation concerning any of the Permits, and Preemption environmental impact issues in their covered subjects, PHMSA must Requirements,’’ OMB Control Number comments. In addition, the provisions determine and publish in the Federal 2137–0557, ‘‘Approvals for Hazardous in this final rule will reduce the Register the effective date of Federal Materials,’’ and OMB Control Number paperwork burden on industry and this preemption. The effective date may not 2137–0559, ‘‘(Rail Carriers and Tank Car agency caused by continued renewals of be earlier than the 90th day following Requirements) Requirements for Rail special permits. The provisions of this the date of issuance of the final rule and Tank Cars—Transportation of final rule will promote the continued not later than two years after the date of Hazardous Materials by Rail.’’ This final safe transportation of hazardous issuance. PHMSA has determined the rule may result in a decrease in the materials while reducing transportation effective date of federal preemption be annual burden and costs under OMB costs for the industry and administrative 90 days from publication of a final rule Control Number 2137–0051 and an costs for the agency. Therefore, the in this matter in the Federal Register. increase in the annual burden and costs requirements of Executive Orders 12866 under OMB Control Number 2137–0557 and 13563, and the DOT policies and D. Executive Order 13175 and OMB Control Number 2137–0559 procedures concerning these orders This final rule was analyzed in over time due to amendments to have been satisfied. accordance with the principles and incorporate provisions contained in

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certain widely used or longstanding is the least burdensome alternative that The purpose and need of this special permits that have an established achieves the objective of the rule. rulemaking is to incorporate widely safety record. used special permits or those with an I. Environmental Assessment Under the Paperwork Reduction Act established safety record into the HMR of 1995, no person is required to The National Environmental Policy for universal use. More information respond to an information collection Act of 1969 (NEPA), as amended (42 about benefits of this final rulemaking unless it has been approved by OMB U.S.C. 4321–4347), and implementing action can be found in the preamble and displays a valid OMB control regulations by the Council on (i.e., ‘‘Overview of Proposed number. Section 1320.8(d), title 5, Code Environmental Quality (40 CFR Part Amendments’’) to this rulemaking. The of Federal Regulations requires that 1500) require Federal agencies to alternatives considered in the analysis PHMSA provide interested members of consider the consequences of Federal include (1) The proposed action, that is, the public and affected agencies an actions and prepare a detailed statement incorporation of the proposed special opportunity to comment on information on actions that significantly affect the permits as amendments to the HMR; (2) and recordkeeping requests. quality of the human environment. incorporation of some subset of the This final rule identifies a revised The hazardous materials regulatory proposed special permits (i.e., only information collection request that system is a risk management system that some of the proposed special permits) as PHMSA will submit to OMB for is prevention oriented and focused on amendments to the HMR; and (3) the approval based on the requirements in identifying a hazard and reducing the ‘‘no action’’ alternative, meaning that this rule. PHMSA has developed burden probability and quantity of a hazardous none of the proposed special permits estimates to reflect changes in this final materials release. This rulemaking is would be incorporated into the HMR. In rule. PHMSA estimates that the concerned with the transportation of considering the potential environmental information collection and hazardous materials by rail, but is impacts of this final rulemaking action, recordkeeping burden as proposed in prepared with the understanding that PHMSA does not anticipate that the this rule are as follows: these materials are often transported by incorporation of the listed special OMB Control No. 2137–0051: aircraft, vessel, and highway before or permits will result in any significant impact on the human environment Decrease in Annual Number of after they are transported by rail. The because the process through which Respondents: 255 need for hazardous materials to support special permits are issued requires the Decrease in Annual Responses: 255 essential services means transportation applicant to demonstrate that the Decrease in Annual Burden Hours: 255 of highly hazardous materials is alternative transportation method or Decrease in Annual Burden Costs: unavoidable. However, these shipments packaging proposed provides an $9,500 frequently move through densely populated or environmentally sensitive equivalent level of safety as that OMB Control No. 2137–0557: areas where the consequences of an provided in the HMR. Further, the Increase in Annual Number of incident could be loss of life, serious commenters did not discuss Respondents: 200 injury, or significant environmental environmental impact issues in their comments. Increase in Annual Responses: 200 damage. The ecosystems that also could The agencies and persons consulted Increase in Annual Burden Hours: 50 be affected by a hazardous materials in the development of this final rule Increase in Annual Burden Costs: release during transportation include $1,100 include the International Vessel atmospheric, aquatic, terrestrial, and Operators Hazardous Materials OMB Control No. 2137–0559: vegetal resources (for example, wildlife Association, Inc.; Gold Tank Inspection Increase in Annual Number of habitats). The adverse environmental Services, Inc.; Surface Deployment and Respondents: 350 impacts associated with releases of most Distribution Command (SDDC); Conrail; Increase in Annual Responses: 350 hazardous materials are short-term Agrium N.A. Wholesale Transportation Increase in Annual Burden Hours: 525 impacts that can be greatly reduced or Compliance; Koch Nitrogen Company; Increase in Annual Burden Costs: eliminated through prompt clean-up of Columbiana Boiler Company; and $15,750 the incident scene. On August 18, 2011, subject matter expert staff in FRA and we issued a NPRM in which we G. Regulation Identifier Number (RIN) PHMSA. requested information on the potential This final rule will amend the HMR A regulation identifier number (RIN) environmental impacts of the proposals. to incorporate provisions contained in is assigned to each regulatory action In all modes of transport, the potential certain widely used or longstanding listed in the Unified Agenda of Federal for environmental damage or railroad special permits that have an Regulations. The Regulatory Information contamination exists when packages of established safety record. As a result, Service Center publishes the Unified hazardous materials are involved in incorporating its provisions into the Agenda in April and October of each transportation incidents. Most of the HMR will increase the safety and year. The RIN contained in the heading special permits considered in this environmental protections for of this document may be used to cross- rulemaking involve bulk packages of transporting the materials previously reference this action with the Unified hazardous materials in DOT covered under these special permits. Agenda. specification and non-specification tank Because OMB determined this final rule cars. While the volume of hazardous is non-significant, no RIA is required. H. Unfunded Mandates Reform Act of material present in these packagings has Further, the cost assumptions in this 1995 the potential to be released into the final rule originated from industry or This final rule does not impose environment during a transportation FRA experience, and we consider them unfunded mandates under the incident, these packagings are to be reasonable. In addition, in this Unfunded Mandates Reform Act of constructed to withstand greater forces final rule we have responded to the cost 1995. It does not result in costs of during impact and are also equipped concerns presented by the commenters $141.3 million or more to either state, with safety relief devices and valves and mitigated them wherever possible. local or tribal governments, in the specifically designed to maintain the Based on this analysis, we have aggregate, or to the private sector, and containment ability of the tank car. determined that the requirements

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adopted in this final rule will not have ■ 2. In the ‘‘Table of material accordance with the provisions in a significant economic impact on a incorporated by reference,’’ at paragraphs (a)(5)(i)–(a)(5)(iv) of this substantial number of small entities. § 171.7(a)(3), for the entry ‘‘AAR Manual section. See § 171.8 for the EDI of Standards and Recommended definition. J. Privacy Act Practices, Section C-Part III, (i) When the information applicable to Anyone is able to search the Specifications for Tank Cars, the consignment is provided under this electronic form of all comments Specification M–1002, (AAR requirement the information must be received into any of our dockets by the Specifications for Tank Cars), December available to the offeror and carrier at all name of the individual submitting the 2000, the reference to § 174.63 is times during transport, and the carrier comment (or signing the comment, if removed. must have and maintain a printed copy submitted on behalf of an association, ■ 3. In § 171.8, the new definitions for of this information until delivery of the business, labor union, etc.). You may ‘‘Electronic data interchange’’ and hazardous materials on the shipping review DOT’s complete Privacy Act ‘‘Train consist’’ are added in paper is complete. When a paper Statement in the Federal Register alphabetical order to read as follows: document is produced, the data must be published on April 11, 2000 (Volume presented as required by this subpart. 65, Number 70, pages 19477–78), or at § 171.8 Definitions and abbreviations. (ii) The offeror must forward the http://www.regulations.gov. * * * * * shipping paper (record) for a loaded List of Subjects Electronic data interchange (EDI) means the computer-to-computer movement to the carrier prior to 49 CFR Part 171 exchange of business data in standard shipment unless the carrier prepares the shipping paper on behalf of the offeror. Exports, Hazardous materials formats. In EDI, information is organized according to a specific format The offeror is only relieved of the duty transportation, Hazardous waste, to forward the shipping paper once the Imports, Incorporation by reference, (electronic transmission protocol) agreed upon by the sender and receiver offeror has received a copy of the Reporting and recordkeeping shipping paper from the carrier; requirements. of this information, and transmitted through a computer transaction that (iii) A carrier that generates a residue 49 CFR Part 172 requires no human intervention or shipping paper using information from Education, Hazardous materials retyping at either end of the the previous loaded movement of a transportation, Hazardous waste, transmission. hazardous materials packaging must Labeling, Markings, Packaging and * * * * * ensure the description of the hazardous containers, Reporting and recordkeeping Train consist means a written record material that accompanies the shipment requirements. of the contents and location of each rail complies with the offeror’s request; and car in a train. (iv) Verification. The carrier and the 49 CFR Part 173 * * * * * offeror must have a procedure by which Hazardous materials transportation, the offeror can verify accuracy of the Packaging and containers, Radioactive PART 172—HAZARDOUS MATERIALS transmitted hazard communication materials, Reporting and recordkeeping TABLE, SPECIAL PROVISIONS, information that will accompany the requirements, Uranium. HAZARDOUS MATERIALS shipment. 49 CFR Part 174 COMMUNICATIONS, EMERGENCY * * * * * RESPONSE INFORMATION, TRAINING ■ Hazardous materials transportation, REQUIREMENTS, AND SECURITY 6. In § 172.202, add a new sentence to Incorporation by reference, Radioactive PLANS the end of paragraph (b) to read as materials, Rail carriers, Railroad safety, follows: ■ Reporting and recordkeeping 4. The authority citation for part 172 § 172.202 Description of hazardous requirements. continues to read as follows: material on shipping papers. 49 CFR Part 179 Authority: 49 U.S.C. 5101–5128, 44701; 49 * * * * * CFR 1.53. Hazardous materials transportation, (b) * * * Shipping descriptions for Railroad safety, Reporting and ■ 5. In § 172.201, revise paragraph (a)(2) hazardous materials offered or intended recordkeeping requirements. and paragraph (a)(5) is added to read as for transportation by rail that contain all follows: the information required in this subpart 49 CFR Part 180 § 172.201 Preparation and retention of and that are formatted and ordered in Hazardous materials transportation, shipping papers. accordance with recognized electronic Motor carriers, Motor vehicle safety, data interchange standards and, to the (a) * * * Packaging and containers, Railroad extent possible, in the order and manner (2) The required shipping description safety, Reporting and recordkeeping required by this subpart are deemed to on a shipping paper and all copies of requirements. comply with this paragraph. the shipping paper used for In consideration of the foregoing, we transportation purposes must be legible * * * * * amend 49 CFR Chapter I as follows: and printed (manually or mechanically) ■ 7. In § 172.204, in paragraph (a) PART 171—GENERAL INFORMATION, in English. introductory text, add a new sentence at REGULATIONS, AND DEFINITIONS * * * * * the end of the paragraph, and add new (5) Electronic shipping papers. For paragraphs (a)(3) and (d)(3) to read as ■ 1. The authority citation for part 171 transportation by rail, a rail carrier may follows: continues to read as follows: accept shipping paper information § 172.204 Shipper’s certification. Authority: 49 U.S.C. 5101–5128, 44701; 49 either telephonically (i.e., voice CFR 1.45 and 1.53; Pub. L. 101–410 section communications and facsimiles) or (a) * * * For transportation by rail 4 (28 U.S.C. 2461 note); Pub. L. 104–134 electronically (EDI) from an offeror of a only, the certification may be received section 31001. hazardous materials shipment in verbally or with an electronic signature

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in conformance with paragraphs (a)(3)(i) found, such as by highlighting, use of a (B) Any defects found when the tank and (a)(3)(ii) of this section. larger font or a font that is a different car is examined before shipping must be * * * * * color from other text and information, or recorded, and the tank must not be (3) Rail only certifications. For otherwise setting the information apart loaded until the repairs to eliminate transportation by rail, the shipping to provide for quick and easy each defect are completed. paper certification may also be recognition. The offeror may use one of (C) The tank car must be allowed to accomplished by one of the following the methods prescribed in this sit undisturbed for at least 10 minutes methods: paragraph only if the telephone number after loading to allow material within (i) Verbal Certification. When applies to each hazardous material the tank to settle. After this has occurred received telephonically, by the carrier entered on the shipping paper, and if it a final check for leaks must be reading the complete shipping is indicated that the telephone number conducted prior to offering the tank car description that will accompany the is for emergency response information for transportation. shipment back to the offeror and (for example: ‘‘EMERGENCY (ii) One out of every 10 tank cars receiving verbal acknowledgment that CONTACT: * * *’’). loaded by the use of the metering device the description is as required. This * * * * * must be gauged utilizing the fixed verbal acknowledgement must be gauging equipment on the tank car to recorded, either on the shipping PART 173—SHIPPERS—GENERAL verify by calculation the amount of document or in a separate record, e.g., REQUIREMENTS FOR SHIPMENTS anhydrous ammonia or ammonia the waybill, in accordance with AND PACKAGINGS solution contained in the tank car. (iii) Recordkeeping. The following § 174.24, and must include the date and ■ 9. The authority citation for part 173 information must be maintained and be name of the person who provided this continues to read as follows: information; or made available to any representative of (ii) Electronic Signature Certification. Authority: 49 U.S.C. 5101–5128, 44701; 49 the DOT upon request for each tank car When transmitted electronically, by CFR 1.45, 1.53. loaded with the use of a metering completing the field designated for the ■ 10. In § 173.314, revise paragraphs (e) device: shipper’s signature, the shipper is also and (k) to read as follows: (A) Date loaded, certifying its compliance with the (B) Date shipped, § 173.314 Compressed gases in tank cars (C) Tank car reporting marks, certification specified in § 172.204(a).’’ and multi-unit tank cars. The name of the principal partner, (D) DOT Specification, officer, or employee of the offeror or * * * * * (E) Tank car stenciled shell capacity (e) Verification of content. (1) The their agent must be substituted for the (gallons/liters), amount of liquefied gas loaded into each asterisks; (F) Tank car stenciled tare weight tank may be determined either by (pounds/kilograms), * * * * * measurement or calculation of the (G) Outage or innage table number, (d) * * * weight, except that DOT specification (H) Water capacity of tank in pounds (3) For transportation by rail, when tank car tanks authorized for the and/or kilograms, transmitted by telephone or transportation of anhydrous ammonia (I) Maximum permitted filling density electronically, the signature must be in and ammonia solution may have the (see § 173.314), one of the following forms: The name of amount of liquefied gas loaded into the (J) Specific gravity of anhydrous the principal person, partner, officer, or tank car measured by a metering device ammonia or ammonia solution at the employee of the offeror or his agent in in conformance with paragraph (e)(2) of reference temperature, a computer field defined for that this section. purpose. (2) Metering device. (i) Tank cars (K) Tank car outage (inches/meters, ■ 8. In § 172.604, paragraphs (a) loaded with anhydrous ammonia or gallons/liters), introductory text and (a)(3)(ii) are ammonia solution through the use of a (L) Gallons/liters of liquid ammonia revised to read as follows: metering device in conformance with in tank car, this section are not required to be (M) Quantity of vapor ammonia in § 172.604 Emergency response telephone weighed, but must have their outage tank car (gallons/liters), and number. measured with a magnetic gauging (N) Total calculated ammonia (liquid (a) A person who offers a hazardous device to determine that the tank car is & vapor) in tank car (pounds/kilograms). material for transportation must provide properly loaded in conformance with * * * * * an emergency response telephone this paragraph. Written procedures for (k) Special requirements for chlorine. number, including the area code, for use loading a tank car using a metering (1) Tank cars built after September 30, in an emergency involving the device must be developed and made 1991, must have an insulation system hazardous material. For telephone available at each location where such consisting of 5.08 cm (2 inches) glass numbers outside the United States, the loading takes place. Certification in fiber placed over 5.08 cm (2 inches) of international access code or the ‘‘+’’ writing of the inspection and ceramic fiber. Tank cars must have (plus) sign, country code, and city code, completion of these loading and/or excess flow valves on the interior pipes as appropriate, that are needed to unloading procedures must be of liquid discharge valves. Tank cars complete the call must be included. The maintained for each tank car and constructed to a DOT 105A500W telephone number must be— maintained in accordance with the specification may be marked as a DOT * * * * * recordkeeping requirements in 105A300W specification with the size (3) * * * paragraph (e)(2)(iii) of this section, and and type of reclosing pressure relief (ii) Entered once on the shipping all necessary records must be valves required by the marked paper in the manner prescribed in completed. At a minimum, these specification. paragraph (b) of this section in a procedures will specify: (2) DOT105J500W tank cars may be prominent, readily identifiable, and (A) The tank car must be offered for used as authorized packagings, as clearly visible manner that allows the transportation in conformance with all prescribed in this subchapter for information to be easily and quickly applicable government regulations. transporting ‘‘Chlorine, 2.3 (8), UN

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1017, Poison Inhalation Hazard, Zone B, § 179.24 Stamping. (ix) Date of Manufacture (DATE OF RQ,’’ if the tank cars meet all DOT (a)(1) After July 25, 2012, to certify MFR): The month and year of tank specification requirements, and the tank compliance with federal requirements, manufacture. If the underframe has a cars are equipped with combination the tank manufacturer must install two different built date than the tank, show safety relief valves with a start-to- identical permanent identification both dates. discharge pressure of 360 psi, rather plates, one located on both inboard (3) When a modification to the tank than the 356 psi. The start-to-discharge surfaces of the body bolsters of the tank changes any of the information shown pressure setting must be marked on the car. One identification plate must be in paragraph (a)(2) of this section, the pressure relief device in conformance installed on the right side (AR) of the car owner or the tank car facility making with applicable provisions of the AAR tank car, and the other must be installed the modification must install an Specification for Tank Cars (IBR, see on the back end left side (BL) body additional variable identification plate § 171.7 of this subchapter). bolster webs so that each plate is readily on the tank in accordance with * * * * * accessible for inspection. The plates paragraph (a)(1) of this section showing must be at least 3⁄32 inch thick and the following information: PART 174—CARRIAGE BY RAIL manufactured from corrosion resistant (i) AAR Number (AAR NO): The AAR metal. When the tank jacket (flashing) number from line 3 of AAR Form 4–2 ■ 11. The authority citation for part 174 covers the body bolster web and for the alteration or conversion. continues to read as follows: identification plates, additional (ii) All items of paragraph (a)(2) of identical plates must be installed on the this section that were modified, Authority: 49 U.S.C. 5101–5128; 49 CFR followed by the month and year of 1.53. AR and BL corners of the tank in a visible location. Tank cars built before modification. ■ 12. In § 174.63(c)(2) is revised to read July 25, 2012, may have the plate (b) [Reserved]. as follows: instead of or in addition to the ■ 16. In § 179.100–20, add paragraph (b) stamping. to read as follows: § 174.63 Portable tanks, IM portable tanks, (2) Each plate must be stamped, IBCs, cargo tanks, and multi-unit tank car § 179.100–20 Stamping. tanks. embossed, or otherwise marked by an equally durable method in letters 3⁄16 * * * * * * * * * * inch high with the following (b) After July 25, 2012, newly (c) * * * information (parenthetical abbreviations constructed DOT tank cars must have (2) The tank and flatcar must comply may be used, and the AAR form their DOT specification and other with the applicable requirements of the reference is to the applicable provisions required information stamped plainly HMR concerning their specification. of the AAR Specifications for Tank Cars, and permanently on stainless steel identification plates in conformance * * * * * December 2000 edition (IBR, see § 171.7 of this subchapter)): with the applicable requirements PART 179—SPECIFICATIONS FOR (i) Tank Manufacturer (Tank MFG): prescribed in § 179.24(a). Tank cars TANK CARS Full name of the car builder as shown built before July 25, 2012, may have the on the certificate of construction (AAR identification plates instead of or in addition to the head stamping. ■ 13. The authority citation for part 179 form 4–2). ■ is revised to read as follows: (ii) Tank Manufacturer’s Serial 17. In § 179.200–24, new paragraph (c) Number (SERIAL NO): For the specific is added to read as follows: Authority: 49 U.S.C. 5101–5128; 49 CFR car. 1.53. (iii) AAR Number (AAR NO): The § 179.200–24 Stamping. ■ 14. In § 179.13, paragraph (b) is AAR number from line 3 of AAR Form * * * * * (c) After July 25, 2012, newly revised to read as follows: 4–2. (iv) Tank Specification constructed DOT tank cars must have § 179.13 Tank car capacity and gross (SPECIFICATION): The specification to their DOT specification and other weight limitation. which the tank was built from line 7 of required information stamped plainly * * * * * AAR form 4–2. and permanently on stainless steel (b) Tank cars containing poisonous- (v) Tank Shell Material/Head Material identification plates in conformance by-inhalation material meeting the (SHELL MATL/HEAD MATL): ASTM or with the applicable requirements applicable authorized tank car AAR specification of the material used prescribed in § 179.24(a). Tank cars specifications listed in § 173.244(a)(2) or in the construction of the tank shell and built before July 25, 2012, may have the (3), or § 173.314(c) or (d) may have a heads from lines 15 and 16 of AAR identification plates instead of or in gross weight on rail of up to 286,000 Form 4–2. For Class DOT–113W, DOT– addition to the head stamping. pounds upon approval by the Associate 115W, AAR–204W, and AAR–206W, the ■ 18. In § 179.201–10, add paragraph (b) Administrator for Railroad Safety, FRA. materials used in the construction of the to read as follows: outer tank shell and heads must be Tank cars exceeding 263,000 pounds § 179.201–10 Water capacity marking. and up to 286,000 pounds gross weight listed. Only list the alloy (e.g., 5154) for aluminum tanks and the type (e.g., 304L * * * * * on rail must meet the requirements of (b) After July 25, 2012, authorized AAR Standard S–286, Free/Unrestricted or 316L) for stainless steel tanks. (vi) Insulation Material (INSULATION DOT non-pressure tank cars that comply Interchange for 286,000 lb Gross Rail with this section and are equipped with Load Cars (IBR, see § 171.7 of this MATL): Generic names of the first and second layer of any thermal protection/ stainless steel identification plates may subchapter). Any increase in weight have the water capacity of the tank in above 263,000 pounds may not be used insulation material applied. (vii) Insulation Thickness pounds prescribed in the first sentence to increase the quantity of the contents (INSULATION THICKNESS): In inches. of paragraph (a) of this section stamped of the tank car. (viii) Underframe/Stub Sill Type (UF/ plainly and permanently on their ■ 15. In Subpart B, new § 179.24 is SS DESIGN): The design from Line 32 identification plate in conformance with added to read as follows: of AAR Form 4–2. the applicable marking requirements

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prescribed in § 179.24(a) instead of into 174, and 179 of this subchapter, distortions; erosion; missing, damaged, the metal of the tank or immediately applicable to any person who leaking or loose components and below the stamped marks specified in manufactures, fabricates, marks, fasteners; and other conditions or § 179.200–24(a). maintains, repairs, inspects, or services imperfections that may make a tank car ■ 19. In § 179.220–25, redesignate the tank cars to ensure continuing unsafe for transportation and/or require introductory paragraph as paragraph (a), qualification. it to be removed from service. and new paragraph (b) is added to read (b) This subpart also establishes the Design level of reliability and safety as follows: minimum acceptable framework for an means the level of reliability and safety owner’s qualification program for tank § 179.220–25 Stamping. built into the tank car and, therefore, cars and components. Owners should inherent in its specification, design, and * * * * * follow this subpart in developing their manufacture. (b) After July 25, 2012, newly written procedures (work instructions), constructed DOT tank cars must have as required under § 179.7(d), for use by Inspection and test means a careful their DOT specification and other tank car facility employees. The owner’s and critical examination of a tank car required information stamped plainly qualification program for each tank car, and its appurtenances performed by and permanently on stainless steel or a fleet of tank cars, must identify qualified personnel following the identification plates in conformance where to inspect, how to inspect, and owner’s qualified procedures. with the applicable requirements the acceptance criteria. Alternative Interior heater system means a piping prescribed in § 179.24(a). Tank cars inspection and test procedures or system located within the tank shell that built before July 25, 2012, may have the intervals based on a damage-tolerance uses a fluid medium to heat the lading identification plates instead of or in analysis or service reliability assessment for the purposes of unloading. addition to the head stamping. must be approved by the Associate Maintenance means upkeep, or ■ 20. In § 179.300–13, paragraph (b) is Administrator for Railroad Safety in preservation, including repairs revised to read as follows: accordance with 180.509(l). Tank car necessary and proper to ensure an in- § 179.300–13 Venting, loading and facilities must incorporate the owner’s operation tank car’s specification until unloading valves. qualification program in their quality its next qualification. assurance program, as required under * * * * * Modification means any change to a § 179.7(a)(2), (b)(3), (b)(5), and (d). (b) Threads for openings must be tank car that affects the certificate of National Gas Taper Threads (NGT) * * * * * construction prescribed in § 179.5, tapped to gauge, clean cut, even and (d) Where, in this subpart, a person is including an alteration prescribed in without checks. Taper threads must required to make documents available to § 179.6, or conversion. FRA upon request, such request means comply with § 178.61(h)(3)(i) and Objectively reasonable and articulable (h)(3)(ii). Threads for the clean-out/ that credentialed FRA personnel or an authorized representative of the belief means a belief based on inspection ports of DOT Specification particularized and identifiable facts that 110A multi-unit tank car tanks may be Department may view the documents and make copies of them. The document provide an objective basis to believe or straight threads instead of taper threads. suspect that a tank car or a class or The straight threads must meet the owner’s may seek confidential treatment of the documents presented. See design of tank cars may be in an unsafe requirements of § 178.61(h)(3)(i) and operating condition. (h)(3)(iii). Hex plugs may be secured to § 105.30. threaded boss ports using stainless steel ■ 23. Revise § 180.503 to read as Qualification, as relevant to a tank safety wire that must not fail during its follows: car, means the car and its components intended use. conforms to the specification to which § 180.503 Definitions. it was designed, manufactured, or PART 180—CONTINUING The following definitions and those modified to the requirements of this QUALIFICATION AND MAINTENANCE contained in §§ 171.8 and 179.2 of this subpart, to the applicable requirements OF PACKAGINGS subchapter apply: of the AAR Tank Car Manual (IBR, see Coating/lining owner means the § 171.7 of this subchapter), and to the ■ 21. The authority citation for part 180 person with the financial responsibility owner’s acceptance criteria. continues to read as follows: for purchasing and maintaining the Qualification is accomplished by careful Authority: 49 U.S.C. 5101–5128; 49 CFR integrity of the interior coating or lining. and critical examination that verifies 1.53. Corrosive to the tank or service conformance using inspections and tests ■ 22. In § 180.501, paragraph (a) is equipment means a material identified based on a written program approved by revised, paragraph (b) is redesignated as in Appendix D of this part or a material the tank car owner followed by a written paragraph (c), and new paragraphs (b) when in contact with the inner shell of representation of that conformance. A and (d) are added to read as follows: the tank or service equipment has a tank car that passes the appropriate tests corrosion rate on steel greater than 2.5 for its specification, has a signed test § 180.501 Applicability. milli-inch per year (mpy) (0.0025 inch report, is marked to denote this passage, (a) This subpart prescribes per year). and is considered qualified for requirements, in addition to those Defects mean abrasions; corrosion; hazardous materials transportation contained in parts 107, 171, 172, 173, cracks; dents; flaws in welds; under this subchapter.

Qualification of Tests and inspections § 180.509(*)

Tank ...... Visual Inspection ...... d Structural Integrity Inspection ...... e Thickness Test: Note 1 ...... f Safety System Inspection ...... h Service Equipment ...... Service Equipment ...... k

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Qualification of Tests and inspections § 180.509(*)

Coating/lining ...... Internal Coatings and Linings ...... i

Note 1: Subparagraph (f)(2) may (including an interior heating system), (2) Evaluates each item according to require thickness tests at an interval sampling, venting, vacuum relief, the acceptable results of inspections and different from the other items for pressure relief, and measuring the tests specified in § 180.511; qualification of the tank. amount of lading or the lading (3) Marks each tank car as specified in Railworthy, Railworthiness for a tank temperature. § 180.515 that is qualified to transport car means that the tank, service Service equipment owner means the hazardous materials; equipment, safety systems, and all other party responsible for bearing the cost of (4) Prepares the documentation as components covered by this subchapter the maintenance of the service required by § 180.517 for each item conform to the HMR, and are otherwise equipment. qualified under this section. A copy of suitable for continued service and Tank car owner means the person to the documentation required by capable of performing their intended whom a rail car’s reporting marks are § 180.517 must be sent to the owner as function until their next qualification. assigned, as listed in the Universal appropriate and according to the Reactive to the tank or service Machine Language Equipment Register owner’s instructions. equipment means a material that, in (UMLER). (b) Conditions requiring qualification contact with the inner shell of the tank, Tank car tank means the shell, heads, of tank cars. Without regard to the or with the service equipment, may qualification compliance date react to produce heat, gases, and/or tank shell and head weld joints, attachment welds, sumps, nozzles, requirements of any paragraph of this pressure which could substantially section, an owner of a tank car or an reduce the effectiveness of the flanges, and all other components welded thereto that are either in contact internal coating or lining must ensure packaging or the safety of its use. an appropriate inspection and test Reinforced tank shell butt weld means with the lading or contain the lading. according to the type of defect and the the portion of a butt weld covered by a Train consist means a written record type of maintenance or repair performed reinforcing pad. of the contents and location of each rail if: Reinforcing pad means an attachment car in a train. welded directly to the tank supporting (1) The tank car shows evidence of major structural components for the § 180.507 [Amended] abrasion, corrosion, cracks, dents, distortions, defects in welds, or any purpose of preventing damage to the ■ 24. In § 180.507, remove paragraph other condition that may make the tank tank through fatigue, overstressing, (b)(2). denting, puncturing, or tearing. car unsafe for transportation, Reliability means the quantified § 180.509 [Amended] (2) The tank car was in an accident ability of an item or structure to operate and shows evidence of damage to an ■ 25. Amend § 180.509 as follows: extent that may adversely affect its without failure for the specified period ■ of its design life or until its next a. Add, (f)(3), (f)(4), (f)(5), (f)(6), (i)(2) capability to retain its contents or to qualification. and (i)(3); otherwise remain railworthy. Representation means attesting ■ b. Revise paragraphs (a), (b), (c)(3), (d), (3) The tank bears evidence of damage through documenting, in writing or by (e), (f), (g), (h), (i), and (j); caused by fire. (4) The Associate marking on the tank (or jacket), that a ■ c. Redesignate paragraph (l) as Administrator for Railroad Safety, FRA, tank car is qualified and railworthy. See paragraph (m), redesignate paragraph (k) requires it based on the existence of an also §§ 180.511 and 180.517(b). as paragraph (l), revise the newly objectively reasonable and articulable Safety system means one or more of redesignated paragraph (l), and add a belief that a tank car or a class or design the following: Thermal protection new paragraph (k). of tank cars may be in an unsafe systems, insulation systems, tank head operating condition. puncture resistance systems, coupler § 180.509 Requirements for qualification of (c) * * * specification tank cars. vertical restraint systems, and systems (3) Fusion welded tank cars must be used to protect discontinuities (e.g., skid (a) General. Each tank car owner must inspected and tested to be qualified and protection and protective housings) as ensure that a tank car facility: maintained in accordance with the required under this subchapter. (1) Inspects and tests each item following table. All qualification Service equipment means equipment according to the requirements specified requirements need not be done at the used for loading and unloading in this section; same time or at the same facility.

FREQUENCY OF QUALIFICATION INSPECTION AND TESTS

Section 180.509(*) Description Maximum interval

D ...... Visual inspection ...... 10 years. E ...... Structural integrity inspection ...... 10 years. F ...... Thickness test ...... See § 180.509(f). H ...... Safety Systems ...... 10 years. I ...... Internal coating or lining (for materials corrosive or reactive to the tank) (See definitions at See § 180.509(i). § 180.503). J ...... Leakage pressure test ...... After reassembly. K ...... Service equipment (including pressure relief device) ...... See § 180.509(k).

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(d) Visual inspection. At a minimum, of the protective housings for proper not apply to reinforced tank shell butt each tank car facility must visually condition; welds until the time of lining removal inspect the tank externally and (6) An inspection of excess flow or application for tank cars with an internally as follows: valves with threaded seats for tightness; internal lead, glass, or rubber lining. (1) An internal inspection of the tank and (4) Each tank car facility must inspect shell and heads for abrasion, corrosion, (7) An inspection of the required and test the elements identified in cracks, dents, distortions, defects in markings on the tank car for legibility. paragraph (e)(1) of this section by one or welds, or any other condition that (e) Structural integrity inspections more of the following methods: and tests. (1) Each tank car owner must makes the tank car unsafe for (i) Dye penetrant testing (PT); transportation, and except in the areas ensure the structural elements on the (ii) Radiographic examination (RT); where insulation or a thermal protection tank car qualify with the applicable system precludes it, an external requirements of this subchapter. At a (iii) Magnetic particle testing (MT); inspection of the tank shell and heads minimum, the structural integrity (iv) Ultrasonic testing (UT); and for abrasion, corrosion, cracks, dents, inspection and test must include: (v) Direct, remote, or enhanced visual distortions, defects in welds, or any (i) All transverse fillet welds greater inspection, using, for example, other condition that makes the tank car than 0.64 cm (0.25 inch) within 121.92 magnifiers, fiberscopes, borescopes, unsafe for transportation, and for DOT cm (4 feet) of the bottom longitudinal and/or machine vision technology (VT). centerline except body bolster pad 115 class tank cars, an internal attachment welds; (f) Thickness tests. (1) The tank car inspection of the inner container and (ii) The termination of longitudinal owner must ensure that each tank car external inspection of the outer shell fillet welds greater than 0.64 cm (0.25 facility measures the thickness of the and heads for defects in welds, or any inch) within 121.92 cm (4 feet) of the tank car shell, heads, sumps, protective other condition that may make the tank bottom longitudinal centerline; and housing (i.e., domes), and nozzles on car unsafe for transportation; (iii) The tank shell butt welds within each tank car by using a device capable (2) When an internal coating or lining, 60.96 cm (2 feet) of the bottom of accurately measuring the thickness to ± ± head protection, insulation, or thermal longitudinal centerline, unless the tank within 0.05 mm ( 0.002 inch). protection is removed in part or in car owner can determine by analysis (2) The tank car owner must ensure whole, the internal and external (e.g., finite element analysis, damage- that each tank car has a thickness test exposed surface of the tank must be tolerance analysis, or service reliability measurement: visually inspected for defects in welds assessment) that the structure will not (i) At the time of an internal coating or any other condition that may make develop defects that reduce the design or lining application or replacement, or the tank car unsafe for transportation, level of safety and reliability or fail (ii) At least once every ten (10) years and this inspection must precede any within its operational life or prior to the for a tank that does not have an internal application or reapplication of a coating next required inspection. The owner coating or lining, or or lining; must maintain all documentation used (iii) At least once every five (5) years (3) An inspection of the service to make such determination at its for a tank that does not have an internal equipment, including gaskets, for principal place of business and make coating or lining when: indications of corrosion and other the data available to FRA or an conditions that may make the tank car authorized representative of the (A) The tank is used to transport a unsafe for transportation; Department upon request. material that is corrosive or reactive to (4) An inspection for missing or loose (2) For DOT 115 class tanks, the tank (see Appendix D of this part) bolts, nuts, or elements that may make paragraphs (e)(1)(i) through (iii) of this or service equipment as defined the tank car unsafe for transportation; section apply only to the outer shell § 180.503, and (5) An inspection of all closures on fillet welds and to the non-reinforced (B) The remaining shell and head the tank car for conditions that may exposed outer shell butt welds. thickness is tested and determined to be make the tank car unsafe for (3) The inspection requirements of at or below line C in Figure A of this transportation, including an inspection paragraph (e)(1)(iii) of this section do paragraph.

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Where: material corrosive to the tank or service allowable thickness reductions for A. As-built tank shell or head thickness with equipment as defined § 180.503 has sumps, protective housings, and additional thickness. contacted the tank, a qualified nozzles, and nozzle reinforcements. B. Required minimum tank shell or head individual must verify the coating or This documentation must be made thickness after forming per part 179. lining’s conformance with paragraph (g) available to FRA or an authorized C. Inspection frequency adjustment point (design minimum shell or head of this section by measuring the shell or representative of the Department upon thickness, minus 1⁄2 of the table value in head in the area of the repair. The request. paragraph (g) of this section). thickness test applies only to the non- (6) After repairs, alterations, D. Condemning limit for general corrosion lined or coated repaired area, and is not conversions, modifications, or blasting (required minimum shell or head a qualification event. Modification of of tank car that results in a reduction of thickness, minus the value in paragraph the tank stencil is not required. the tank’s thickness, and anytime a tank (g) of this section). E. Condemning limit for localized corrosion (4) Operation of a tank car below the car coating or lining is removed, a (required minimum shell or head condemning limit for general corrosion qualified individual must measure the thickness, minus the table value in or the condemning limit for localized thickness of the tank in the area of paragraph (g) of this section, minus 1.58 corrosion (as shown in Figure A of this reduced thickness to ensure that the mm (1⁄16 inch)). See Note 1 in paragraph section) is prohibited. thickness of the tank conforms to (g) of this section for diameter (5) For sumps, protective housing paragraph (g) of this section. limitations and minimum separation distances. (i.e., domes), nozzles, and nozzle (g) Service life thickness allowance. F. Allowable shell or head thickness reinforcing pads, the tank car owner (1) A tank car found with a thickness reduction (table value in paragraph (g) of must determine if any reduction in wall below the required minimum thickness this section). thickness affects the design levels of after forming for its specification, as G. Additional thickness reduction for reliability and safety built into sump, stated in part 179 of this subchapter, localized areas in paragraph (g) of this protective housing, nozzle, or nozzle may continue in service if any reduction section. reinforcement. Each tank car owner in the required minimum thickness is (3) For a localized repair of an must maintain at its principal place of not more than that provided in the internal coating or lining where a business documentation describing the following table:

ALLOWABLE SHELL THICKNESS REDUCTIONS

Marked tank test pressure Top shell and tank head Bottom shell

60 psig < 200 psig ...... 3.17 mm ...... 1.58 mm. 1⁄8 inch ...... 1⁄16 inch. ≥200 psig ...... 0.79 mm ...... 0.79 mm. 1⁄32 inch ...... 1⁄32 inch.

Note 1. A tank car owner may add an diameter, and are separated from the extent that the tank car no longer extra 1.58 mm (1⁄16 inch) to the values other local reductions by at least 40.64 conforms to the applicable provisions of in the table for local reductions. Local cm (16 inches). Section 6.2 of the AAR Specifications reductions are those that do not exceed Note 2. Any reduction in the tank car for Tank Cars (IBR, see § 171.7 of this 20.32 linear centimeters (8 linear shell thickness may not affect the subchapter). inches) measured at the longest structural strength of the tank car to the

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Note 3. For DOT 115 class tank cars, follow the inspection and test ■ 26. In § 180.511, revise the shell thickness reductions apply only to procedure, including the acceptance introductory paragraph, paragraph (d) the outer shell of the tank car. There is requirements, established by the and (g) and paragraph (h) is added to no shell or head thickness reduction internal coating or lining owner. read as follows: authorized for the inner tank. (j) Leakage pressure test. Unless the (2) [Reserved] § 180.511 Acceptable results of design of the service equipment inspections and tests. (h) Safety system inspections. Each arrangement precludes it (e.g., there is tank car owner must ensure no fitting to pressurize the tank), each Provided it conforms to other qualification of the tank car safety owner of a tank car must ensure that the applicable requirements of this subchapter, a tank car is qualified for systems. However, inspections of foam tank, service equipment, and closures use if it successfully passes the or cork insulation systems are not installed, replaced, or reinstalled on the inspections and tests set forth below required. tank car are leak tested. The test may be conducted in accordance with this (i) Internal coating and lining conducted with the lading in the tank. subpart. A representation of that inspection and test. (1) At a minimum, When the test pressure exceeds the qualification must consist of marking the owner of an internal coating or start-to-discharge or burst pressure of a the tank in accordance with § 180.515. lining applied to protect a tank used to pressure relief device, the device must transport a material that is corrosive or be rendered inoperative. The written * * * * * reactive to the tank must ensure an procedures and test method for leak (d) Safety system inspection. A tank inspection adequate enough to detect testing must ensure the sensitivity and car successfully passes the safety system defects or other conditions that could reliability of the test method to prevent inspection when each thermal reduce the design level of reliability and premature failure. This section does not protection system, tank head puncture resistance system, coupler vertical safety of the tank is performed. In apply to facilities that remove closures restraint system, and system used to addition, the owner of a coating or for the sole purpose of loading or protect discontinuities (e.g., breakage lining of tank cars used to transport unloading the lading (e.g., blind flanges, grooves on bottom outlets and hazardous materials must ensure the pipe plugs, etc.). lining complies with § 173.24(b)(2) and protective housings) on the tank car (k) Service equipment inspection and (b)(3) of this subchapter. conform to this subchapter and show no test. (1) Each tank car owner must (2) The owner of the internal coating indication of a defect that may reduce ensure the qualification of tank car or lining must establish and maintain a reliability before the next inspection service equipment at least once every record of the service life of the coating and test interval. ten (10) years. The tank car owner must or lining and commodity combination, * * * * * that is, the specific hazardous materials analyze the service equipment inspection and test results for any given (g) Hydrostatic test. A Class 107 tank that were loaded into a tank and the car, the inner tank of a Class 115 tank coating or lining in place at the time of lading and, based on the analysis, adjust the inspection and test frequency to car, or a riveted tank car successfully loading. The owner of the internal passes the hydrostatic test when it coating or lining must use its knowledge ensure that the design level of reliability and safety of the equipment is met. The shows no leakage, distortion, excessive of the service life of each coating or permanent expansion, or other evidence lining and commodity combination to owner must maintain at its principal place of business all supporting of weakness that might render the tank establish an appropriate inspection car unsafe for transportation service. interval for that coating or lining and documentation used to make such analyses and inspection and test (h) Service equipment. A tank car commodity combination. This interval successfully passes the service must not exceed eight (8) years, unless frequency adjustments. The supporting documentation must be made available equipment inspection and test when the coating or lining owner can this equipment conforms to this establish, document, and show that the to FRA or an authorized representative of the Department upon request. subchapter and applicable provisions of service history or scientific analysis of Appendix D of the AAR Specifications the coating or lining and commodity (2) Each tank car facility must qualify service equipment, including reclosing for Tank Cars (IBR, see § 171.7 of this pairing supports a longer inspection subchapter), and shows no indication of interval. The owner must maintain at its pressure relief devices and interior heater systems in accordance with the a defect that may reduce reliability principal place of business a written during the qualification interval. procedure for collecting and applicable provisions of Appendix D of the AAR Specifications for Tank Cars ■ 27. Revise § 180.513 to read as documenting the performance of the follows: coating or lining applied within the tank (IBR, see § 171.7 of this subchapter). car for its service life. The internal (l) Alternative inspection and test § 180.513 Repairs, alterations, coating or lining owner must provide procedures. When approved by the conversions, and modifications. this documentation, including Associate Administrator for Railroad (a) To work on tank cars, a tank car inspection and test, repair, removal, and Safety, FRA, a tank car owner, or a facility must comply with the applicable application procedures, to the FRA or coating or lining owner may use an requirements of this subpart, the AAR car owner upon request. Further, the alternative inspection and test Specifications for Tank Cars (IBR, see offeror must provide commodity procedure or interval based on a § 171.7 of this subchapter), and the information to the car owner and the damage-tolerance analysis (that must owner’s requirements. owner of the internal coating or lining include a determination of the probable (b) Responsibilities of Tank Car upon request. locations and modes of damage due to Facility. A tank car facility must obtain (3) The owner of the internal coating fatigue, corrosion, and accidental the permission of the equipment owner or lining must provide the test method damage), or based on a service before performing work affecting and acceptance criteria to the tank car reliability assessment (that must be alteration, conversion, repair, or owner and to the person responsible for supported by analysis of systematically qualification of the owner’s equipment. qualifying the coating or lining. The collected data) in lieu of the other For the purposes of qualification and tank car facility inspecting and testing requirements of this section. maintenance, the tank car facility must the internal coating or lining must * * * * * use the written instructions furnished

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by the owner or have written permanently marked in letters and (2) The results of each inspection and confirmation from the owner allowing figures at least 0.95 cm (0.375 inch) high test performed; the use of written instructions furnished on the outside of the manway nozzle or (3) Tank car reporting mark and by the owner or have written the edge of the manway nozzle flange on number; confirmation from the owner allowing the left side of the car. The marking may (4) Tank car specification; the use of written instructions furnished have the last numeral of the (5) Inspection and test date (month by another. A tank car facility must not specification number omitted (e.g., and year); use, copy distribute, forward or provide ‘‘DOT 111A100W’’ instead of ‘‘DOT (6) Location and description of defects to another person the owner’s 111A100W1’’). found and method used to repair each confidential and proprietary written (c) When qualified within six months defect; instructions, procedures, manuals, and of installation and protected from (7) The name and address of the tank records without the owner’s permission. deterioration, the test date marking of a car facility and the name and signature A tank car facility must report all work reclosing pressure relief device is the of inspector; and performed to the owner. The tank car installation date on the tank car. (8) The unique code (station stencil) facility must also report observed ■ 29. In § 180.517, paragraphs (a) and identifying the facility. damage, deterioration, failed (b) are revised to read as follows: ■ 30. Appendix D to Part 180 is added components, or non-compliant parts to to read as follows: the owner. A tank car facility must § 180.517 Reporting and record retention requirements. Appendix D to Part 180—Hazardous incorporate the owner’s Quality (a) Certification and representation. Materials Corrosive to Tanks or Service Assurance Program into their own Equipment Quality Assurance Program. Each owner of a specification tank car (c) Unless the exterior tank car shell must retain the certificate of This list contains materials identified or interior tank car jacket has a construction (AAR Form 4–2) and either by proper shipping name in 49 CFR protective coating, after a repair that related papers certifying that the 172.101 or shipped under an ‘‘n.o.s.’’ shipping description that, under certain requires the complete removal of the manufacture of the specification tank car identified in the documents is in conditions, can corrode carbon steel tanks or tank car jacket, the exterior tank car service equipment at a rate that may reduce shell and the interior tank car jacket accordance with the applicable the design level of reliability and safety of the must have a protective coating applied specification. The builder’s signature on tank or equipment to an unsafe level before to prevent the deterioration of the tank the certificate of construction and the the next qualification. Materials identified on shell and tank jacket. Previously applied marking of the tank car with the tank this list are considered corrosive to the tank coatings that still provide effective specification is the representation that or service equipment. protection need not be covered over. all of the appropriate inspections and While every effort was made to identify materials deemed corrosive to the tank or (d) After repair, replacement, or tests were successfully performed to qualify the tank for use. The owner must service equipment, owners and operators are qualification of tank car service cautioned that this list may not be inclusive. equipment, the tank service equipment retain the documents throughout the Tank car owners and operators are reminded must successfully pass the leak test period of ownership of the specification of their duty to ensure that no in-service tank prescribed in § 180.509(j). tank car and for one year thereafter. will deteriorate below the specified ■ 29. In § 180.515, paragraphs (a), (b), Upon a change of ownership, the minimum thickness requirements in this and (c) are revised to read as follows: applicable provisions prescribed in subchapter. See § 180.509(f)(3). In addition, Section 1.3.15 of the AAR Specifications FRA states a tank car owner must designate § 180.515 Markings. for Tank Cars (IBR, see § 171.7 of this an internal coating or lining appropriately (a) When a tank car passes the based on its knowledge of the chemical and subchapter) apply. The builder of the not rely simply on this list. Regarding future required inspection and test with car or a facility performing work on the thickness tests, this list may also be modified acceptable results, the tank car facility car may retain copies of relevant based on an analysis of the test results by the must mark the date of the inspection records. car owner, the Department of Transportation, and test and due date of the next (b) Inspection and test reporting. Each or the Association of American Railroads’ inspection and test qualified on the tank tank car that is inspected and tested as Tank Car Committee. car in accordance with the applicable specified in § 180.509 must have a Hazardous Materials Table Proper Shipping provisions of Appendix C of the AAR written report, in English, prepared Names (See § 172.101) Specifications for Tank Cars (IBR, see according to this paragraph. Marking the Acetic acid, glacial or Acetic acid solution § 171.7 of this subchapter). When a tank tank car with the specification (or Aluminum chloride, solution car facility performs multiple retaining the specification marking on Arsenic acid, liquid inspections and tests at the same time, the tank) is the representation that all of Arsenic acid, solid one date may be used to satisfy the the appropriate inspections and tests Butyric acid requirements of this section. One date were performed and the results meet the Ferric chloride, solution also may be shown when multiple tank car owner’s acceptance criteria to Fertilizer ammoniating solution (Nitrogen fertilizer solution) inspections and tests have the same due qualify the car for continued use. The Fluoroboric acid date. Dates displayed on the report may be created and retained Fluorosilicic acid ‘‘consolidated stencil’’ (see the electronically, but, upon request by FRA Formaldehyde, solutions, flammable applicable provisions of Appendix C of for a copy of the report, it must be made Formaldehyde, solutions the AAR Specifications for Tank Cars) available in common readable form. The Hydrobromic acid take precedence over dates modified, owner must retain a copy of the Hydrochloric acid and not stenciled, pursuant to interval inspection and test reports until Hydrochloric acid solution adjustments for service equipment, successfully completing the next Hydrofluoric acid and Sulfuric acid mixtures Hydrofluoric acid linings, and granted alternative inspection and test of the same type. Hydrogen peroxide and peroxyacetic acid inspection intervals. The inspection and test report must mixtures, stabilized (b) Converted DOT 105, 109, 112, 114, include the following: Hydrogen, peroxide, aqueous solutions or 120 class tank cars must have the (1) Type of inspection and test Hydrogen peroxide, stabilized or Hydrogen new specification and conversion date performed (a checklist is acceptable); peroxide aqueous solutions, stabilized

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Hypochlorite solutions Materials Transported Under an ‘‘N.O.S.’’ Sodium polyacrylate (not regulated under Nitric acid Description this subchapter) Phenyl phosphorus dichloride Benzoic acid (Environmentally hazardous Titanium sulfate solution (Corrosive liquids, Phenyl phosphorus thiodichloride substance, liquid, n.o.s., (RQ 5,000 pounds) n.o.s. (contains sulfuric acid)) Phosphoric acid solution Bisulphites, aqueous solution, n.o.s. White liquor (not regulated under this Phosphoric acid, solid Phosphorus trichloride (Phosphorus (Ammonium bisulfide) subchapter) Black liquor (Corrosive liquids, n.o.s. chloride) Issued in Washington, DC, on June 5, 2012, (contains sulfuric acid)) Sodium chlorate under authority delegated in 49 CFR Part Calcium lignosulfonate (not regulated under Sodium chlorate, aqueous solution 106. Sodium hydrosulfide this subchapter) Sulfur, molten Hexanoic acid (Corrosive liquids, n.o.s. Cynthia Quarterman, Sulfuric acid (contains hexanoic acid)) Administrator, Pipeline and Hazardous Sulfuric acid, fuming Lignin liquor (not regulated under this Materials Safety Administration. Sulfuric acid, spent subchapter) [FR Doc. 2012–13960 Filed 6–22–12; 8:45 am] Zinc chloride, anhydrous Lithium chloride (not regulated under this Zinc chloride, solution subchapter) BILLING CODE 4910–60–P

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