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 VerDate Mar<15>2010 14:56 Jun 22, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JNR2.SGM 25JNR2 erowe on DSK2VPTVN1PROD with RULES_2 37962 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 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) VerDate Mar<15>2010 14:56 Jun 22, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\25JNR2.SGM 25JNR2 erowe on DSK2VPTVN1PROD with RULES_2 Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Rules and Regulations 37963 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,