Transportation of Hazardous Materials By Rail; Miscellaneous Amendments

Federal RegisterDec 19, 1995

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SUMMARY: RSPA is proposing to incorporate into the Department's

Hazardous Materials Regulations (HMR) a number of changes to rail

requirements based on rulemaking petitions from industry and RSPA

initiatives. This action is necessary to update the regulations and to

respond to petitions for rulemaking. The intended effect of these

regulatory changes is to improve safety and reduce costs to offerors

and transporters of hazardous materials.

DATES: Comments must be received on or before February 22, 1996.

ADDRESSES: Address comments to Dockets Unit (DHM-30), Hazardous

Materials Safety, RSPA, U.S. Department of Transportation, Washington,

DC 20590-0001. Comments should identify the docket and notice number

and be submitted, when possible, in five copies. Persons wishing to

receive confirmation of receipt of their comments should include a

self-addressed, stamped postcard. The Dockets Unit is located in Room

8421 of the Nassif Building, 400 Seventh Street S.W., Washington, DC

20590-0001. Office hours are 8:30 am to 5:00 pm Monday through Friday,

except on public holidays when the office is closed.

FOR FURTHER INFORMATION CONTACT: Beth Romo, telephone (202) 366-4488,

Office of Hazardous Materials Standards, Research and Special Programs

Administration, Washington DC, 20590-0001, or James H. Rader, telephone

(202) 366-0510, Office of Safety Assurance and Compliance, Federal

Railroad Administration, Washington DC, 20590-0001.

SUPPLEMENTARY INFORMATION: This document proposes miscellaneous changes

to rail requirements contained in the HMR. These proposed changes are

based either on petitions for rulemaking submitted in accordance with

49 CFR 106.31 or agency initiative and are intended to reduce

regulatory burdens by simplifying or updating existing regulations.

This rule, as proposed, is consistent with the goals of President

Clinton's Regulatory Reinvention Initiative. The President directed

Federal agencies to review all agency regulations and eliminate or

revise those that are outdated or in need of reform. A notice issued

April 4, 1995 by RSPA requested comments on regulatory reform (Docket

HM-222; 60 FR 17049) and announced a comprehensive review of the HMR to

identify provisions that are candidates for elimination, revision,

clarification, or relaxation. Certain proposed changes in this document

reflect the results of this review.

I. Summary of Proposed Regulatory Changes by Section

Listed below is a section-by-section summary of the proposed

changes and, where applicable, the assigned petition number.

Part 171

Section 171.7. Various American Society for Testing and Materials

(ASTM) standards would be updated to reflect the most current version.

Other ASTM standards that no longer would be referenced in the proposed

revision of Sec. 179.12 would be removed.

Part 172

Section 172.101: The Hazardous Materials Table. In the Hazardous

Materials Table, several entries would be revised based on petitions

for rulemaking and agency initiative. Proposed revisions include:

--Twenty-nine entries would be revised by removing Special Provision

B12 assigned to those entries in Column (7). This special provision

requires the marking of tank cars with the proper shipping name or

common name of the material. RSPA is proposing to limit the

applicability of this marking requirement to certain materials that

pose a higher risk in transportation.

--For the entry ``Dimethylhydrazine, unsymmetrical'', in Column (7)

Special Provision B79 would be removed. ``Dimethylhydrazine,

unsymmetrical'' currently is assigned Special Provisions B74 and B79.

Special Provision B74 requires the use of a tank car conforming to a

Class 105S, 106, 110, 112J, or 114J. Special Provision B79 requires

each tank car to have a tank head puncture system if the tank was

constructed prior to April 1, 1989. Because Special Provision B74

requires all tank cars to meet the requirements of B79, referencing

Special Provision B79 is unnecessary.

--For the entry for Calcium carbide, Special Provision B59 would be

added for both Packing Group I and II entries. This special provision

will authorize the continued use of Class AAR 207 tank cars for the

transportation of calcium carbide after October 1, 1996.

Section 172.102. Special Provisions B4 and B10 would be revised to

remove a prohibition on the use of Association of American Railroads

(AAR) 206 tank cars. In the Sec. 172.101 Hazardous Materials Table

(HMT), each commodity assigned this special provision must be in a

packaging authorized in Sec. 173.243, which does not allow an AAR 206

tank car.

Special Provision B5 would be revised to authorize use of tank

cars, constructed from other than aluminum plate, for ammonium nitrate

fertilizer.

Consistent with proposed changes to tank car marking requirements

discussed previously in conjunction with proposed changes to the

Hazardous Materials Table, Special Provision B12 would be removed. The

requirement to mark the proper shipping name or common name of a

material on a tank car would be limited to certain materials that

present a higher risk in transportation, as proposed in Sec. 172.330.

Special Provisions B42, B65, B71, B72, B74, and B76 would be

revised for clarity. RSPA and FRA have received numerous inquiries

concerning the use of tank cars having higher test pressures than those

authorized under these special provisions. RSPA is proposing to revise

these provisions to clarify that any class tank car with a higher test

pressure than authorized also may be used. Special Provisions B42, B65,

and B76 also would be revised to authorize the optional marking of the

tank to a lower pressure specification. The current regulations require

the lower pressure specification marking for certain commodities. RSPA

and FRA believe that tank cars qualified to meet a specific

specification should be marked to indicate that specification. RSPA is

proposing the optional marking requirement to authorize the remarking

of qualified tank cars to the higher pressure specification. For

example, currently tank cars transporting acetone cyanohydrin are

required to conform to a DOT 105S, 112J, or 114J specification provided

the tank test pressure is 300 psig or greater. In addition, the tank

car specification must be remarked to indicate a tank test pressure of

200 psig, and each tank car must be equipped with a safety relief

device having a start-

[[Page 65493]]

to-discharge pressure setting of 150 psig. RSPA is proposing that these

tank cars remain marked at the higher pressure specification while

maintaining the currently applied safety relief device (e.g., DOT

105S300W, Safety Valve 150 LB).

RSPA is proposing to remove a requirement in Special Provision B57

that the shipping name CHLOROPRENE must be marked on a tank car. This

marking requirement is included in the proposed revision of

Sec. 172.330(a)(1). RSPA also is revising the first sentence of Special

Provision B78 to specify test pressure and clarify which rail cars are

authorized.

Section 172.203. Currently, rail carrier shipping paper

requirements are contained in both Parts 172 and 174. In this notice,

RSPA proposes to move the shipping paper requirements in Part 174 to

Part 172. RSPA and FRA believe that by consolidating the shipping paper

requirements, including additional shipping paper entries for tank cars

containing the residue of a hazardous material, compliance will be

improved. Paragraph (e)(2) currently references paragraph (e)(3) and

Sec. 174.25 for shipping paper description requirements for residues of

hazardous materials in tank cars. These references would be replaced

with a specific requirement to precede the basic shipping description

with the wording ``RESIDUE, LAST CONTAINED.'' Paragraph (g)(1) also

would be revised to reflect the incorporation of shipping paper

requirements currently contained in Part 174 by a requirement to

identify a rail car, freight container, transport vehicle, or portable

tank that contains a hazardous material by ``reporting mark and

number.''

Section 172.205. Based on a petition [P-1053] from AAR, RSPA would

revise paragraph (f) for consistency with Environmental Protection

Agency (EPA) hazardous waste manifest requirements for transportation

by rail contained in 40 CFR 263.20(f).

Section 172.330. Paragraph (a)(1) would be revised to clarify

marking requirements for tank cars. Marking requirements currently

contained in Sec. 172.102 special provisions and in Parts 173 and 179

would be incorporated into Sec. 172.330 or removed as part of this

revision. The requirement to mark the proper shipping name or common

name of a hazardous material on a tank car would be limited to Division

2.1 and 2.3 materials, Division 2.2 materials in a Class DOT 107 tank

car, anhydrous ammonia, ammonia solutions with more than 50% ammonia,

bromine and bromine solutions, hydrogen cyanide, chloroprene, and

refrigerant or dispersant gases, as defined in Sec. 173.115.

Section 172.510. Paragraph (a) would be revised to require the

placement of each placard on a white square background for each class

DOT 113 tank car used to transport a Division 2.1 (flammable gas)

material. The white square background notifies railroad switching crews

that the car may not be cut off while in motion. The current

regulations only require rail cars containing Divisions 1.1 and 1.2

explosives, Division 2.3 Hazard Zone A materials and Division 6.1 PG I

Hazard Zone A materials to have the white square background, but not

the class DOT 113 tank car. This change will simplify the switching

requirements for rail cars by communicating, through a white square

background, that a class DOT 113 tank car transporting a Division 2.1

material may not be cut off while in motion. RSPA and FRA believe that

this requirement will make it easier to train yard switching employees

and reduce the potential for overspeed impacts. The inner support

system for class 113 tank cars is designed to withstand loads producing

accelerations of 7``g'' longitudinal, 3``g'' transverse, and 3``g''

vertical. Consequently, it is imperative that railroads shove this

class of car to rest to prevent yielding of the support system.

Sections 172.510 and 172.526. Provisions applying to the

specifications and use of RESIDUE placards would be removed in these

sections. The RESIDUE placard is not required by any other mode and,

because the information provided through a RESIDUE placard can be

adequately conveyed through primary and subsidiary placards and

shipping paper information, RSPA and FRA believe that this placard is

unnecessary. Further, FRA reports that during the last six years its

inspectors cited missing, faded, or incorrect placards on nearly 22,000

occasions. By removing the RESIDUE placard requirement, RSPA and FRA

believe that offerors will use permanent adhesive placards, such as

those used on highway vehicles, thereby increasing compliance with HMR

placarding requirements. Also, RSPA and FRA understand that Transport

Canada is considering removing the RESIDUE placard from its

Transportation of Dangerous Goods Regulations to the extent that, in

December 1993, it issued a newsletter asking for public comment. Such

an action by Transport Canada would have a direct effect on transborder

shipments; consequently, RSPA and FRA believe a proposal to remove this

requirement from the HMR is appropriate.

Part 173

Section 173.24b. RSPA is proposing to amend paragraph (a) to

recognize the insulation properties of thermal protection applied to

tank cars. The proposed rule would allow for a ``mid-range''

temperature for the calculation of outage and filling limits, provided

the insulation qualities provide an overall thermal conductance at

15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules per hour per

square meter per degrees Celsius (0.5 Btu per hour per square foot per

degree F) temperature differential. This proposal is based on a

petition for rulemaking submitted by the Propane Gas Association of

Canada [P-1251], developed in cooperation with Transport Canada.

Section 173.29. Paragraph (f) would be removed, consistent with the

proposed removal of Sec. 172.510(c).

Section 173.314. Paragraph (b)(5), which contains provisions for

marking the proper shipping name of certain Class 2 materials on tank

cars, would be removed because these provisions also appear in

Sec. 172.330. Paragraph (b)(6) would be redesignated (b)(5) and amended

to revise requirements for heat-resistant gaskets. In 1988, the

National Transportation Safety Board (NTSB) recommended that FRA: (1)

establish performance standards for determining the acceptability of

heat-resistant gaskets on tank cars; and (2) evaluate the effect on

gasket compatibility and heat-resistant performance of sealants used

for installing gaskets on tank cars. NTSB recommended that FRA

establish performance criteria to decide what sealant is acceptable and

conditions for its use. (Butadiene Release and Fire from GATX 55996 at

the CSX Terminal Junction Interchange, New Orleans, Louisiana,

September 8, 1987 (NTSB/HZM-88/01)). As a result of the NTSB

recommendation, RSPA published an Advanced Notice of Proposed

Rulemaking (ANPRM) on May 18, 1990, under Docket HM-175A [Notice 90-8;

55 FR 20242] requesting comments on gasket specifications and the use

of sealant materials. Commenters to the ANPRM expressed concerns

regarding the technical complications for defining gasket

specifications in the regulations, since there are many variables in

torquing values for the fitting closure/gasket combination and the

chemical compatibility of the gasket material. In a Notice of Proposed

Rulemaking (NPRM) published October 8, 1993 [58 FR 52574] under Docket

HM-175A, RSPA and FRA announced that several

[[Page 65494]]

topics, including gasket specifications, raised in earlier notices

either were too technically complex or insufficiently developed to

address in that NPRM and would be handled in a separate rulemaking

action.

Although the commenters to the ANPRM pointed out many technical

complications associated with defining gasket specifications for all

products authorized in tank cars, RSPA and FRA believe that a

performance standard for heat-resistant gaskets is necessary for

Division 2.1 materials and anhydrous ammonia to ensure that installed

gaskets will not degrade at elevated temperatures (see

Sec. 173.314(b)(6) for current requirements). In this NPRM, RSPA is

proposing a performance standard for heat-resistant gaskets based on

information obtained from the Fluid Sealing Association's Non Metallic

Gasket Handbook. The handbook shows that asbestos, a common heat-

resistant gasket material, has a maximum temperature range of 230-

340 deg.C (450-650 deg.F). Consequently, RSPA is proposing to specify

that a heat-resistant gasket can survive temperatures at or above

230 deg.C. This is comparable to the temperature indicated in the Fluid

Sealing Association's handbook. This proposal also would expand the use

of heat-resistant gaskets to all Division 2.3 materials.

Commenters stated that to seal a joint, the installed gasket is

compressed (by applying a bolt load to the flange body surfaces) into

the imperfection of the joint and a tight, leakproof barrier occurs.

The use of sealants for installing gaskets is therefore unnecessary and

may lead to gasket displacement. Based on these comments, RSPA is

proposing to prohibit the use of sealants for installing gaskets on

tank cars used to transport Division 2.1 and 2.3 materials and

anhydrous ammonia.

RSPA also is proposing to authorize Class DOT 112J and 112T

specification tank cars for the transportation of dimethyl ether.

Currently, RSPA only authorizes the use of a DOT 105A300W tank car.

This proposal is based on an exemption issued to Aeropres Corporation

(DOT-E 11000) and a petition for rulemaking [P-1253]. RSPA also is

proposing to remove Note 2 in paragraph (c) of the table. For the entry

``Ammonia, anhydrous or ammonia solutions >50 percent ammonia'' in the

second column ``Note 2'' would be revised to read ``Note 3''. This

would allow shippers to calculate the outage and filling limits for

tank cars based on changes proposed in Sec. 173.24b.

In addition, paragraph (i), which provides alternate settings for

safety relief valves on tank car tanks used for certain commodities,

would be removed. Removal of this paragraph is consistent with the

proposed consolidation of pressure relief device requirements in

Sec. 179.15.

Part 174

In 1985, AAR petitioned RSPA (P-983) to rewrite Part 174, stating

that the regulations in this part are ``awkwardly arranged, often

redundant, and in many places obsolete.'' AAR supplied a complete

rewrite of Part 174 as part of its petition. Subsequently, various

rulemaking actions such as HM-175A (final rule adopted improved

crashworthiness for tank cars), HM-201 (final rule adopted new methods

of tank car testing), HM-181 (mandated performance packaging

standards), HM-166 (implemented many detailed changes to the HMR), HM-

197 (adopted new requirements for TOFC/COFC shipments), and HM-212

(considering new standards for tank car unloading and attendance) have

addressed numerous suggestions contained in petition P-983. This notice

proposes additional changes based on P-983, including simplification of

standards for inspection of tank cars by railroads and revisions in

documentation requirements of Part 174.

Section 174.3. This section prohibits a shipment of a hazardous

material not prepared in accordance with Parts 171, 172, and 173 from

being offered for transportation or transported by rail. The section

would be revised to reflect language contained in Parts 175 and 177 for

unacceptable hazardous materials shipments.

Section 174.8 through 174.10. Inspection requirements currently

contained in Secs. 174.8, 174.9 and 174.10 would be consolidated into

Sec. 174.9 to clarify a railroad's inspection duties at points of

origination, interchange points and other locations where rail cars

must be inspected. Sections 174.8 and 174.10 would be removed. Section

174.9 would require a railroad to inspect each rail car for compliance

with the HMR and other conditions that may make the car unsafe for

transportation.

Under FRA's Railroad Freight Car Safety Standards (FCSS [49 CFR

Part 215]), each railroad must inspect a freight car at each location

where it is placed in a train. The inspection must be made by: (1) a

``designated inspector'' under Sec. 215.11; or (2) a train crew member

where a designated employee is not on duty (see Appendix D to Part

215). As a rule, train crew members inspect for ``imminent hazardous

conditions'' that are likely to cause an accident or casualty before

the train arrives at its destination. Examples provided in Appendix D

include: car body leaning or listing to one side, objects dragging

below, broken or missing safety appliance, lading leaking from a

placarded hazardous materials car, and broken or extensively cracked

wheel.

In addition to the requirements above, the HMR require an

inspection of each placarded railcar when received in ``interchange.''

This notice proposes to remove the requirement to inspect placarded

railcars at interchange, simply because railroad operations now permit

the interchange of railroad equipment in outlying locations, usually on

mainline track, that may not be acceptable for the performance of a

proper inspection. For example, in ``run-through'' train operations,

the train crew of the receiving railroad simply assumes responsibility

of the train from the delivering train crew. No locomotives or railcars

are added or removed. Since the train may exceed one mile in length,

portions of the train, including portions that may have a placarded

railcar containing a hazardous material, may not be accessible to the

receiving train crew because of bridges, tunnels, or terrain.

As proposed, RSPA would make the locations of inspection consistent

with those in the FCSS, issued by the FRA. RSPA does not intend to

change the railroad's current inspection practices nor require the

railroad to inspect railcars containing a hazardous material on a more

frequent basis than the required presently in the HMR and FCSS. The

proposed rule simply makes clear that a railroad must inspect a

hazardous material laden car at locations that now require an

inspection under the FCSS (by the train crew or a designated employee,

where such employees are on duty).

The proposed rule further clarifies that a railroad employee need

not climb each railcar to determine if, in fact, the railcar conforms

to the HMR. These inspections may be performed at ``ground level.''

Where the rule proposes to require a ground level inspection for

``securement of closures,'' RSPA and FRA believe railroad employees can

determine, from the ground, whether or not protective housings are

open, whether or not manway openings (on non- or low-pressure tank

cars) are in the ``up'' position, and whether or not the manway bonnet

cover (on pressure tank cars) is open. At the bottom of the car, FRA

and RSPA believe that railroad employees can determine whether or not

the bottom outlet cap is in the proper, applied position.

Section 174.11. Section 174.11 would be removed because it merely

references

[[Page 65495]]

Sec. 171.12a for transportation of Canadian shipments or packagings by

rail car within the U.S.

Section 174.18. Section 174.18 concerning the handling of astray

packages of hazardous materials is obsolete; therefore this section

would be removed.

Section 174.24. Shipping paper requirements for rail carriers in

Part 174 would be moved to Part 172. Revised Sec. 174.24 would cross-

reference shipping paper requirements in Part 172.

Section 174.25. When an accident occurs on the railroad, it is

customary to identify the transport vehicle or freight container

involved by the use of reporting marks. These marks are used for

routing, cost accounting, and for tracing (or locating) individual

shipments in the transportation system. If an emergency responder were

to ask about the contents of an individual shipment by reporting mark,

a rail carrier could provide immediate emergency response information,

a copy of the shipping paper, routing information, and the name,

telephone number, and location of the shipper. This information is much

more detailed than simply conveying to the emergency responder the type

of placard applied to the packaging. Consequently, RSPA proposes to

remove the ``placard notation'' requirement since it is outdated for

emergency response communication. Removing the placard notation

requirement would not, however, prohibit individual rail carriers from

adopting comparable requirements, if they so choose.

RSPA also is proposing to remove the requirement for a ``placard

endorsement'' placed on a waybill near the reporting mark of each rail

car, freight container, transport vehicle, or portable tank that

contains a hazardous material when transported by rail. The current

rule requires a unique endorsement based on the hazard class of the

material shipped. Exceptions to the placard endorsement are provided

for materials that do not require placarding (e.g., less than 1,001

pounds of a material listed in Sec. 172.504 Table 2, in most types of

transport vehicles or freight containers), Class 9 materials, and

combustible liquids). RSPA is proposing to remove this requirement

because technological advances in the railroad industry have made the

use of the placard endorsement no longer necessary to communicate the

presence of hazardous materials to railroad workers. As a general rule,

railroads now use electronic data interchange and computer generated

train consists (or manifests) to communicate the presence of these

materials. Responders and railroad workers rely on the hazardous

materials description and emergency response information on train

consists and printed waybills rather than the placard endorsement. As

stated earlier, removing the endorsement would not prohibit individual

rail carriers from adopting comparable requirements at their

discretion.

Other shipping paper requirements in this section, including those

for tank cars containing the residue of a hazardous material, would

either be removed or moved to Part 172.

Section 174.26. Paragraph (a) would be removed because if a carrier

complies with paragraph (b), the carrier also is complying with

paragraph (a), except for the ``consecutively numbered notice.'' Based

on current railroad technology and computer-based information systems,

this notice is obsolete. Paragraphs (b) and (c) would be renumbered

paragraphs (a) and (b), respectively. Newly designated paragraph (b)

would be revised to reference shipping paper requirements of Part 172

and specify use of other forms of car movement documents.

Section 174.45. This section would be removed because it merely

references Secs. 171.15 and 171.16 and is redundant.

Sections 174.47 and 174.48. These sections contain requirements for

forwarding shipments in violation of the HMR and damaged or leaking

packages. The provisions in these sections would be consolidated into

revised Sec. 174.50.

Section 174.49. This section concerns the use of open-flame

lanterns for the inspection of transport vehicles known to contain

flammable liquids and gases. The use of open-flame lanterns is

obsolete; therefore, this section would be removed.

Section 174.50. This section would be revised by consolidating

requirements of Secs. 174.47, 174.48, and 174.50 and by removing all

obsolete provisions. These sections stipulate that railroads may not

forward damaged packages, leaking tank cars (except for necessary short

moves), or any tank car found in non-compliance with the HMR, except

under the terms of a DOT exemption. RSPA is proposing to simplify the

overall principle in these sections by prohibiting the movement of

packages that do not conform to the HMR. Packages other than tank cars

would have to be repaired, reconditioned, or overpacked prior to

subsequent movement. Tank cars would have to be repaired or be moved

under conditions approved by FRA's Associate Administrator for Safety.

This proposed regulation would allow, for example, the movement of a

tank car with an emergency valve repair or capping kit under approved

conditions.

Section 174.55. This section would be revised for clarity. Based on

a petition [P-1042] submitted by AAR, suggesting that certain

provisions of the existing section are meaningless or confusing, RSPA

is proposing to streamline this section.

Section 174.67. The first sentence in paragraph (k) would be

revised to remove the requirement for heater coil inlet and outlet

pipes to be left open. This proposed revision is based on a petition

[P-942] indicating that these pipes need to be left open only 5% of the

time, when steam is applied.

Section 174.69. This section would be removed, based on a petition

from AAR [P-1139], because it conflicts with applicable requirements in

Sec. 172.514.

Section 174.85. Based on corresponding changes in Secs. 172.510 and

172.526 to remove provisions for a RESIDUE placard, paragraph (c) would

be revised to reference a rail car containing a residue of a hazardous

material rather than a rail car placarded ``RESIDUE''.

Part 179

The following sections would be revised by updating certain ASTM

specifications and deleting others that are no longer used, based on a

petition [P-1023] from AAR: Secs. 179.100-7, 179.100-10, 179.100-20,

179.102-1, 179.102-2, 179.200-7, 179.200-24, 179.201-5, and 179.300-7.

Sections 179.12 through 179.12-7. Sections 179.12-1 through 179.12-

7 would be removed and Sec. 179.12 would be revised by incorporating

provisions from Secs. 179.12-1 and 179.12-5. The design and materials

of construction for interior heater coils require AAR approval. This

NPRM proposes to remove the DOT specification requirements and allow

AAR greater flexibility in approving heater system designs.

Section 179.15. This section would be added to consolidate pressure

relief device requirements and adopt provisions to: (1) increase the

start-to-discharge pressure of safety relief devices for tanks that

have a burst pressure of 240 psig, while allowing the continued use of

existing cars; (2) allow for a reduced orifice in the upstream nozzle

of a pressure relief device to accommodate pressure surges; (3)

increase the rupture disc burst pressure for cars so equipped; (4)

standardize the start-to-discharge pressure setting for all commodities

and tank car specifications; and (5) align the start-to-discharge

pressure setting for tank cars with that prescribed by the ASME code.

[[Page 65496]]

In this notice, a pressure relief valve means a pressure relief

device that is designed to open rapidly, or by opening in proportion to

the increase in pressure over the opening pressure, and designed to

reclose and prevent further flow of vapor after normal conditions have

been restored. A nonreclosing pressure relief device is a pressure

relief device actuated by inlet static pressure and designed to

function by rupturing (bursting) a pressure containing disc (rupture

disc) and remains open after operation.

Two ANPRMs published under Docket HM-175A (May 15, 1990; 55 FR

20242, and August 29, 1990; 55 FR 35327) solicited comments on

potential costs and safety benefits derived from improvements to the

crashworthiness of tank cars and restrictions on continued use of tank

cars in hazardous materials service that no longer meet current safety

requirements. RSPA issued the ANPRM, in part, to address an AAR

petition requesting an increase in the start-to-discharge pressure of a

nonreclosing pressure relief device and a reduction in the size of the

upstream nozzle (P-1083). Commenters responding to the ANPRM suggested

that tanks with a 60 psig test pressure and built with 7/16 inch wall

thicknesses could be converted to a 100 psig tank test pressure

(subject to an inspection and AAR approval), but opposed any conversion

of DOT 115A or AAR 206W tank cars because of wall thickness. Most

commenters supported increasing the start-to-discharge pressure of a

nonreclosing pressure relief device to prevent rupture of the disc from

in-transit pressure surges.

The Railway Progress Institute (RPI) suggested in its comment that

the optimum flow capacity for a pressure relief device is the minimum

required to prevent tank car rupture in fire conditions. The RPI and

other commenters opposed increasing the flow capacity of certain

pressure relief valves and stated that both large and small capacity

pressure relief valves discharge the same amount of product. Large

capacity pressure relief valves, as opposed to small capacity valves,

release large amounts of product for brief durations.

A petition for rulemaking submitted by the Chemical Manufacturers

Association (CMA) supported the ANPRM and AAR's petition (P-1270). CMA

suggested that reclosing pressure relief valves should have a start-to-

discharge pressure setting consistent with several DOT exemptions for

nonreclosing pressure relief devices (i.e., 165 percent of the tank

test pressure or 33 percent of the tank burst pressure).

RSPA published an NPRM under Docket HM-175A on October 8, 1993 (58

FR 52574) but did not propose changes to the HMR concerning pressure

relief devices. Based on the merit of comments to Docket HM-175A and a

petition for rulemaking [P-1083], RSPA is proposing to consolidate the

pressure relief device requirements now contained in Secs. 173.314(i),

179.100-15, 179.200-18, 179.201-7, and 179.220-19 into a new

Sec. 179.15. This proposal incorporates a performance-based flow

capacity requirement to prevent excess pressure build-up within the

tank, under fire conditions for both reclosing and nonreclosing

pressure relief devices. Further, RSPA is not proposing an increase in

the flow capacity of a pressure relief device (including those devices

used on tank cars transporting materials toxic by inhalation), based on

comments received to Docket HM-175A.

For most tank car specifications, the current start-to-discharge

pressure setting for pressure relief devices is 30 percent of the tank

burst pressure (33 percent of the tank burst pressure for certain

commodities listed in Sec. 173.314(i) and in two DOT exemptions: DOT-E

10288 and DOT-E 10328). Flow capacity of the pressure relief device is

set at 33 percent of the tank burst pressure. For nonpressure tank car

specifications, however, the start-to-discharge pressure setting of a

pressure relief device is about 15 percent of the tank burst pressure.

To allow for an equivalent start-to-discharge pressure setting for both

pressure and nonpressure tank car specifications, RSPA is proposing a

start-to-discharge pressure setting of up to 33 percent of the tank

burst pressure for all commodities and specifications. Based on the

physical-chemical properties of the material (vapor pressure, static

head, and gas padding pressure of the product within the tank), this

notice also proposes to authorize a reduction in the start-to-discharge

pressure setting. This proposal is consistent with Section VIII, UG-

125, of the American Society of Mechanical Engineers Pressure Vessels

Code (ASME) and an exemption (DOT-E 11184) that authorizes the

transportation of certain flammable liquid products in DOT 105J300W

tank cars having a start-to-discharge pressure setting of 75 psig as

opposed to 225 psig. Further, because of costs associated with

modifying existing tank cars to conform to this proposed requirement

and because there is no apparent safety reason to require any

modification to existing tank cars, this NPRM proposes to allow the

continued use of tank cars having a start-to-discharge pressure set at

15 percent of burst.

In addition, this notice proposes that a tank car equipped with a

nonreclosing pressure relief device must have installed a rupture disc

designed to burst at 33 percent of the tank burst pressure within one

year after any final rule issued in this docket. For example, a DOT

111A100W2 tank car would have a rupture disc designed to burst at 165

psig within one year after any final rule issued in this docket. This

proposal is based on provisions in several exemptions (e.g., DOT-E

10118 and DOT-E 10354), several petitions for rulemaking, and the

number of rupture disc failures reported to RSPA's Hazardous Materials

Information System.

The location for pressure relief devices would be revised in

proposed paragraph (g) to allow for the mounting of pressure relief

valves on a hinged manway cover plate. The current regulations require

mounting a pressure relief valve on the tank dome, manway cover plate,

or on a nozzle on top of the tank shell. This notice proposes to

require a pressure relief device to communicate with the vapor space

above the lading.

Sections 179.100-15, 179.200-18, 179.201-7, and 179.220-19. These

sections contain provisions for safety relief devices. For consistency

with the proposed consolidation of safety relief device provisions in

Sec. 179.15, RSPA is proposing to remove these sections from the HMR.

Sections 179.101-1 and 179.201-1. RSPA proposes to revise

individual specification requirements for pressure tank cars and non-

pressure tank cars, respectively. The proposed revisions will correct

many typographical errors and remove several special references that

are no longer applicable. RSPA also proposes to add a new class ``DOT

120A'' specification tank car and a new ``DOT 111A60W6'' specification

tank car in the table based on two petitions for rulemaking [P-1044 and

P-1119] from AAR. Furthermore, RSPA proposes to remove certain entries

from the table since these provisions are currently found in the text

proceeding the table (see for example Secs. 179.200-11, 179.200-14, and

179.200-16).

Section 179.102-4. Paragraph (d), which specifies at least one

safety relief valve on a tank car tank used to transport vinyl

fluoride, inhibited, would be removed, consistent with the proposed

consolidation of safety relief device provisions in Sec. 179.15. In

[[Page 65497]]

addition, paragraphs (b) and (c) would be redesignated paragraphs (a)

and (b), paragraphs (e) through (k) would be redesignated paragraphs

Section 179.103-5. Based on the merits of a petition [P-1048]

submitted by AAR, paragraph (b)(2) would be revised to adopt

requirements for the attachment of unloading connections for bottom

outlets on pressure tank cars. This proposed revision would reflect

existing requirements for bottom outlets on non-pressure tank cars.

Section 179.200-7. In addition to the proposed revision of the

paragraph (b) table discussed previously, certain ASTM specifications

would be revised to remove references to outdated publications. The

entry for ASTM B 209-70, Alloy 6061 would be removed, as would

footnotes 4 and 5 associated with that entry. Footnote 2 following the

paragraph (d) table would be revised to reference Practice A of ASTM A

262-85, which is a definitive, rapid method of identifying, by simple

etching, those specimens free of susceptibility to intergranular

attack. This revision is based on a petition [P-1049] from AAR, and

also requests referencing this Footnote 2 in Sec. 179.201-4.

Section 179.200-14. The first sentence of paragraph (a) and the

first sentence of paragraph (b) would be revised to recognize the new

outage and filling limits for tank cars adopted in Docket HM-181.

Section 179.200-16. RSPA is proposing to revise the first sentence

in paragraph (d) to require an outage scale visible through the manway

opening when using a gaging device. This revision is based on the

proposed changes to Sec. 179.201-1.

Section 179.200-24. The reference to ``ASTM A 285C'' would be

revised to read ``ASTM A 516''.

Section 179.201-4. This section specifies material requirements for

fittings, tubes, castings, projections, and closures. Based on a

petition [P-1049] submitted by AAR, this section would be revised to

refer to Footnote 2 of Sec. 179.200-7(d) rather than the AAR

Specifications.

Section 179.221-1. RSPA is proposing to revise the class DOT 115A

specification table as noted in the discussion of Secs. 179.101-1 and

179.201-1.

Sections 179.222, 179.222-1, and 179.500-17. These sections would

be removed because identical provisions are contained elsewhere in the

HMR.

II. Rulemaking Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

This proposed rule is not considered a significant regulatory

action under section 3(f) of Executive Order 12866 and therefore, was

not reviewed by the Office of Management and Budget. The rule is not

considered a significant rule under the Regulatory Policies and

Procedures of the Department of Transportation [44 FR 11034].

The economic impact of this proposed rule is expected to result in

only minimal costs to certain persons subject to the HMR and may result

in modest cost savings to a small number of persons subject to the HMR

and to the agency. Because of the minimal economic impact of this rule,

preparation of a regulatory impact analysis or a regulatory evaluation

is not warranted. This certification may be revised as a result of

public comment.

B. Executive Order 12612

This proposed rule has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612

(``Federalism''). Federal law expressly preempts State, local, and

Indian tribe requirements applicable to the transportation of hazardous

material that cover certain subjects and are not substantively the same

as Federal requirements. 49 U.S.C. 5125(b)(1). These subjects are:

(A) The designation, description, and classification of hazardous

material;

(B) The packing, repacking, handling, labeling, marking, and

placarding of hazardous material;

pertaining to hazardous material, and requirements respecting the

number, content, and placement of such documents;

(D) The written notification, recording, and reporting of the

unintentional release in transportation of hazardous material; or

(E) The design, manufacturing, fabrication, marking, maintenance,

reconditioning, repairing, or testing of a package or container which

is represented, marked, certified, or sold as qualified for use in the

transportation of hazardous material.

If adopted as final, this rule would preempt State, local, or

Indian tribe requirements concerning these subjects unless the non-

Federal requirements are ``substantively the same'' (see 49 CFR

107.202(d) as the Federal requirements.

Federal law (49 U.S.C. 5125(b)(2)) provides that if DOT issues a

regulation concerning any of the covered subjects, after November 16,

1990, DOT must determine and publish in the Federal Register the

effective date of Federal preemption. The effective date may not be

earlier than the 90th day following the date of issuance of the final

rule and not later than two years after the date of issuance. RSPA

requests comments on what the effective date of Federal Preemption

should be for the requirements in this proposed rule that concern

covered subjects.

C. Regulatory Flexibility Act

This proposed rule would respond to petitions for rulemaking. It is

intended to provide clarification of the regulations and relax certain

requirements. Therefore, I certify that this proposal will not, if

promulgated, have a significant economic impact on a substantial number

of small entities. This certification is subject to modification as a

result of a review of comments received in response to this proposal.

D. Paperwork Reduction Act

There are no new information collection requirements in this

proposed rule.

E. Regulation Identifier Number (RIN)

A regulation identifier number (RIN) is assigned to each regulatory

action listed in the Unified Agenda of Federal Regulations. The

Regulatory Information Service Center publishes the Unified Agenda in

April and October of each year. The RIN number contained in the heading

of this document can be used to cross-reference this action with the

Unified Agenda.

List of Subjects

49 CFR Part 171

Exports, Hazardous materials transportation, Hazardous waste,

Imports, Incorporation by reference, Reporting and recordkeeping

requirements.

49 CFR Part 172

Hazardous materials transportation, Hazardous waste, Labels,

Markings, Packaging and containers, Reporting and recordkeeping

requirements.

49 CFR Part 173

Hazardous materials transportation, Packaging and containers,

Radioactive materials, Reporting and recordkeeping requirements,

Uranium.

49 CFR Part 174

Hazardous materials transportation, Radioactive materials, Railroad

safety.

[[Page 65498]]

49 CFR Part 179

Hazardous materials transportation, Railroad safety, Reporting and

recordkeeping requirements.

In consideration of the foregoing, 49 CFR Chapter I would be

amended as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

1. The authority citation for Part 171 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 171.7 [Amended]

2. In Sec. 171.7, in the table in paragraph (a)(3), the following

changes are made:

a. The following entries would be removed: ASTM A 53-69a, ASTM A

178-70, ASTM A 192-69, ASTM A 269-69, ASTM A 312-70a, ASTM B 161-70,

ASTM B 210-70, ASTM B 221-76, ASTM B 241-76.

b. For the entry ``ASTM A 20-81'', the reference ``20-81'' would be

revised to read ``A 20-94''.

c. For the entry ``ASTM A 240-82'', the reference ``240-82'' would

be revised to read ``240-94'', and the wording ``Fusion-Welded

Unfired'' would be removed.

d. For the entry ``ASTM A 262-68'', the reference ``262-68'' would

be revised to read ``262-93'', the word ``Recommended'' would be

removed and the word ``Standard'', added in its place and the word

``Austenitic'' would be added immediately before ``Stainless Steels''.

e. For the entry ``ASTM A 302-78'', the reference ``302-78'' would

be revised to read ``302-93''.

f. For the entry ``ASTM A 370-77'', the reference ``370-77'' would

be revised to read ``370-94'', the word ``Test'' would be added

immediately following the word ``Standard'' and the word ``Definition''

would be revised to read ``Definitions''.

g. For the entry ``ASTM A 515-69'', the reference ``515-69'' would

be revised to read ``515-92'', and the wording ``Carbon Steel Plates

for Pressure Vessels'' would be removed and the wording ``Standard

Specification for Pressure Vessel Plates, Carbon Steel'' would be added

in its place.

h. For the entry ``ASTM A 516-79b'', the reference ``516-79b''

would be revised to read ``516-90''.

i. For the entry ``ASTM A 537-80'', the reference ``537-80'' would

be revised to read ``537-91''.

j. For the entry ``ASTM B 162-69'', the reference ``162-69'' would

be revised to read ``162-93''.

k. For the entry ``ASTM B 209-69'', the reference ``209-69'' would

be revised to read ``209-93'' and the wording ``Aluminum Alloy'' would

be revised to read ``Aluminum and Aluminum-Alloy''.

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS

MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, AND

TRAINING REQUIREMENTS

3. The authority citation for Part 172 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

Sec. 172.101 [Amended]

4. In Sec. 172.101, in the Hazardous Materials Table, the following

changes would be made:

a. For the following entries, in Column (7), Special Provision

``B12,'' would be removed:

Acrolein, inhibited;

Bromine or Bromine solutions;

Bromine chloride;

Dinitrogen tetroxide, liquefied;

Formic acid;

Hydrocyanic acid, aqueous solutions or Hydrogen cyanide, aqueous

solutions with not more than 20 percent hydrogen cyanide;

Hydrocyanic acid, aqueous solutions with less than 5 percent hydrogen

cyanide;

Hydrofluoric acid, solution, with more than 60 percent strength;

Hydrofluoric acid, solution, with not more than 60 percent strength;

Hydrogen cyanide, stabilized with less than 3 percent water;

Hydrogen fluoride, anhydrous;

Hydrogen peroxide and peroxyacetic acid mixtures, stabilized with

acids, water and not more than 5 percent peroxyacetic acid;

Hydrogen peroxide, aqueous solutions with more than 40 percent but not

more than 60 percent hydrogen peroxide (stabilized as necessary);

Hydrogen peroxide, aqueous solutions with not less than 20 percent but

not more than 40 percent hydrogen peroxide (stabilized as necessary);

Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous solutions,

stabilized with more than 60 percent hydrogen peroxide;

Motor fuel anti-knock mixtures;

Nitric acid other than red fuming, with more than 70 percent nitric

acid;

Nitric acid other than red fuming, with not more than 70 percent nitric

acid;

Nitric oxide;

Nitric oxide and dinitrogen tetroxide mixtures or Nitric oxide and

nitrogen dioxide mixtures;

Perchloryl fluoride;

Phosphorus, amorphous;

Phosphorus, white dry or Phosphorus, white, under water or Phosphorus,

white, in solution or Phosphorus, yellow dry or Phosphorus, yellow,

under water or Phosphorus, yellow, in solution;

Phosphorous white, molten;

Potassium nitrate and sodium nitrite mixtures;

Sulfur trioxide, inhibited; and

Sulfur trioxide, uninhibited.

b. For the entries ``Carbon dioxide, solid or Dry ice'' and

``Potassium permanganate'', in Column (7), Special Provision ``B12''

would be removed.

c. For the entry ``Dimethylhydrazine, unsymmetrical'', in Column

(7), Special Provision ``B79,'' would be removed.

5. In Sec. 172.102, in paragraph (c)(3), Special Provisions B12 and

B79 would be removed and Special Provisions B42, B65, B71, B72, B74,

B76 and the first sentence of B78 would be revised to read as follows:

Sec. 172.102 Special provisions.

* * * * *

(3) * * *

Code/Special Provisions

* * * * *

B42 Tank cars must have a test pressure of 34.47 Bar (500 psig)

or greater and conform to Class 105J. Each tank car must have a

safety relief device having a start-to-discharge pressure of 10.34

Bar (150 psig). The tank car specification may be marked to indicate

a test pressure of 13.79 Bar (200 psig).

* * * * *

B65 Tank cars must have a test pressure of 34.47 Bar (500 psig)

or greater and conform to Class 105J. Each tank car must have a

safety relief device having a start-to-discharge pressure of 15.51

Bar (225 psig). The tank car specification may be marked to indicate

a test pressure of 20.68 Bar (300 psig).

* * * * *

B71 Tank cars must have a test pressure of 20.68 Bar (300 psig)

or greater and conform to Class 105, 112, or 114.

B72 Tank cars must have a test pressure of 34.47 Bar (500 psig)

or greater and conform to Class 105J, 106, or 110.

B74 Tank cars must have a test pressure of 20.68 Bar (300 psig)

or greater and conform to Class 105S, 106, 110, 112J, or 114J.

B76 Tank cars must have a test pressure of 20.68 Bar (300 psig)

or greater and conform to Class 105S, 112J, or 114J. Each tank car

must have a safety relief device having a start-to-discharge

pressure of 10.34 Bar (150 psig). The tank car specification may be

marked to indicate a test pressure of 13.79 Bar (200 psig).

* * * * *

B78 Tank cars must have a test pressure of 4.14 Bar (60 psig)

or greater and conform to Class 103, 104, 105, 109, 111, 112, or

114. * * *

* * * * *

[[Page 65499]]

Sec. 172.102 [Amended]

6. In addition, in Sec. 172.102, in paragraph (c)(3), the following

changes would be made:

a. For Special Provision B4, the wording ``AAR 206 tank car tanks

and'' would be removed.

b. For Special Provision B5, the wording ``DOT 103 ALW, 111A60 ALW

tank car tanks and'' would be removed.

c. For Special Provision B10, the wording ``AAR 206 tank car

tanks,'' would be removed.

d. For Special Provision B57, the wording ``complying with

Sec. 179.221-1 of this subchapter and the outer shell must be stenciled

``CHLOROPRENE'' on both sides in letters not less than 102 mm (4

inches) high'' would be removed.

7. In Sec. 172.203, paragraphs (e)(2) and (g) would be revised to

read as follows:

Sec. 172.203 Additional description requirements.

* * * * *

(e) * * *

(2) The description on the shipping paper for a tank car containing

the residue of a hazardous material must include the phrase, ``RESIDUE:

LAST CONTAINED. . .'' before the basic description.

* * * * *

(g) Transportation by rail. (1) The shipping paper for a rail car,

freight container, transport vehicle, or portable tank that contains a

hazardous material must include the reporting mark and number of the

rail car, freight container, transport vehicle, or portable tank.

(2) The shipping paper for each DOT-113 tank car containing a

Division 2.1 material or its residue must contain an appropriate

notation, such as ``DOT 113'', and the statement ``Do not hump or cut

off car while in motion.''

(3) When shipments of elevated temperature materials are

transported under the exception permitted in Sec. 173.247(h)(3) of this

subchapter, the shipping paper must contain an appropriate notation,

such as ``Maximum operating speed 15 mph.''.

* * * * *

8. In Sec. 172.205, paragraph (f) would be revised to read as

follows:

Sec. 172.205 Hazardous waste manifest.

* * * * *

(f) Transportation by rail. Notwithstanding the requirements of

paragraphs (d) and (e) of this section, the following requirements

apply:

(1) When accepting hazardous waste from a non-rail transporter, the

initial rail transporter must:

(i) Sign and date the manifest acknowledging acceptance of the

hazardous waste;

(ii) Return a signed copy of the manifest to the non-rail

transporter;

(iii) Forward at least three copies of the manifest to:

(A) The next non-rail transporter, if any; or

(B) The designated facility, if the shipment is delivered to that

facility by rail; or

United States; and

(iv) Retain one copy of the manifest and rail shipping paper in

accordance with 40 CFR 263.22.

(2) Rail transporters must ensure that a shipping paper containing

all the information required on the manifest (excluding the EPA

identification numbers, generator certification and signatures) and,

for exports, an EPA Acknowledgment of Consent accompanies the hazardous

waste at all times. Intermediate rail transporters are not required to

sign either the manifest or shipping paper.

(3) When delivering hazardous waste to the designated facility, a

rail transporter must:

(i) Obtain the date of delivery and handwritten signature of the

owner or operator of the designated facility on the manifest or the

shipping paper (if the manifest has not been received by the facility);

and

(ii) Retain a copy of the manifest or signed shipping paper in

accordance with 40 CFR 263.22.

(4) When delivering hazardous waste to a non-rail transporter a

rail transporter must:

(i) Obtain the date of delivery and the handwritten signature of

the next non-rail transporter on the manifest; and

(ii) Retain a copy of the manifest in accordance with 40 CFR

263.22.

(5) Before accepting hazardous waste from a rail transporter, a

non-rail transporter must sign and date the manifest and provide a copy

to the rail transporter.

* * * * *

9. In Sec. 172.330, paragraph (a)(1) would be revised to read as

follows:

Sec. 172.330 Tank cars and multi-unit tank car tanks.

(a) * * *

(1) In a tank car unless the following conditions are met:

(i) The tank car must be marked on each side and each end as

required by Sec. 172.302 with the identification number specified for

the material in the Sec. 172.101 Table; and

(ii) A tank car containing any of the following materials must be

marked on each side with the key words of the proper shipping name

specified for the material in the Sec. 172.101 Table, or with a common

name authorized for the material in this subchapter (e.g.,

``Refrigerant Gas''):

(A) Division 2.1 or Division 2.3 materials;

(B) Anhydrous ammonia or an ammonia solution with more than 50%

ammonia;

this subchapter;

(D) Bromine or bromine solutions;

(E) Chloroprene, inhibited;

(F) Hydrogen cyanide; or

(G) A Division 2.2 material in a Class DOT 107 tank car.

* * * * *

10. In Sec. 172.510, paragraph (a) would be revised, paragraphs (b)

and (c) would be removed, and paragraphs (d) and (e) would be

redesignated as paragraphs (b) and (c), respectively, to read as

follows:

Sec. 172.510 Special placarding provisions: Rail.

(a) White square background. The following must have the specified

placards placed on a white square background, as described in

Sec. 172.527:

(1) Division 1.1 and 1.2 (explosive) materials which require

EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;

(2) Materials poisonous by inhalation in Hazard Zone A, including

tank cars containing only a residue of the material; and

(3) Class DOT 113 tank cars used to transport a Division 2.1

(flammable gas) material, including tank cars containing only a residue

of the material.

* * * * *

Sec. 172.526 [Removed and reserved]

11. Section 172.526 would be removed and reserved.

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND

PACKAGINGS

12. The authority citation for Part 173 would continue to read as

follows:

Authority: 49 U.S.C. 5102-5127; 49 CFR 1.53.

13. In Sec. 173.24b, paragraph (a)(3) would be removed and

paragraph (a)(1) would be revised to read as follows:

Sec. 173.24b Additional general requirements for bulk packagings.

(a) Outage and filling limits. (1) Liquids and liquefied gases must

be so loaded that the outage is at least one percent (two percent for

anhydrous ammonia and five percent for materials poisonous by

inhalation) of the total capacity of a cargo tank, portable tank, tank

car (including dome capacity),

[[Page 65500]]

multi-unit tank car tank, or any compartment thereof, at the following

reference temperatures--

(i) 46 deg.C (115 deg.F) for noninsulated tanks;

(ii) 43 deg.C (110 deg.F) for tank cars having a thermal protection

system, incorporating a metal jacket, that provides an overall thermal

conductance at 15.5 deg.C (60 deg.F) of no more than 10.22 kilojoules

per hour per square meter per degrees Celsius (0.5 Btu per hour/ per

square foot/ per degree F) temperature differential; or

(iii) 41 deg.C (105 deg.F) for insulated tanks.

* * * * *

Sec. 173.29 [Amended]

14. In Sec. 173.29, paragraph (f) would be removed and reserved.

15. In Sec. 173.314, as currently in effect, paragraph (b)(5) would

be removed, paragraph (b)(6) would be redesignated as paragraph (b)(5)

and revised, and paragraph (i) would be removed and reserved, to read

as follows:

Sec. 173.314 Requirements for compressed gases in tank car tanks.

* * * * *

(b) * * *

(5) Each tank car used for the transportation of a Division 2.1 or

2.3 material or anhydrous ammonia must have gaskets capable of

surviving temperatures at or above 230 deg.C (450 deg.F). The use of

sealants to install gaskets is prohibited.

* * * * *

Sec. 173.314 [Amended]

16. In addition, in Sec. 173.314, as amended at 60 FR 49074,

effective July 1, 1996, the following changes would be made:

a. In the paragraph (c) table, in Column 2, for the entry

``Ammonia, anhydrous, or ammonia solutions >50 percent ammonia'',

``Note 2'' would be removed and ``Note 3'' added in its place.

b. In paragraph (c), in Column 3, for the entry ``Dimethyl ether'',

the class designations ``112'' and ``114'' would be added in

appropriate numerical order.

c. In the notes following the paragraph (c) table, Note 2, would be

removed and reserved.

PART 174--CARRIAGE BY RAIL

17. The authority citation for Part 174 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

18. Section 174.3 would be revised to read as follows:

Sec. 174.3 Unacceptable hazardous materials shipments.

No person may accept for transportation or transport by rail any

shipment of hazardous material that is not in accordance with the

requirements of this subchapter.

Sec. 174.8 [Removed]

20. Section 174.8 would be removed.

21. Section 174.9 would be revised to read as follows:

Sec. 174.9 Inspection and acceptance.

At each location where a hazardous material is accepted for

transportation or placed in a train, the carrier shall externally

inspect each rail car containing the hazardous material, at ground

level, for required markings, labels, placards, securement of closures,

leakage, and for the requirements of part 215 of this title.

Sec. 174.10 [Removed]

22. Section 174.10 would be removed.

Sec. 174.11 [Removed]

23. Section 174.11 would be removed.

Sec. 174.18 [Removed]

24. Section 174.18 would be removed.

25. Section 174.24 would be revised to read as follows:

Sec. 174.24 Shipping papers.

A carrier may not accept or transport a hazardous material by rail

unless the material is properly described on a shipping paper in the

manner prescribed in part 172 of this subchapter. An originating

carrier must have a copy of the shipping paper that bears the shipper's

certification as required by Sec. 172.204 of this subchapter.

Sec. 174.25 [Removed]

26. Section 174.25 would be removed.

27. In Sec. 174.26, paragraph (a) would be removed, paragraphs (b)

and (c) would be redesignated as paragraphs (a) and (b), respectively,

and newly redesignated paragraph (b) would be revised to read as

follows:

Sec. 174.26 Notice to train crews of placarded cars.

* * * * *

(b) A member of the train crew of a train transporting a hazardous

material must have a copy of the shipping papers, train consist, or

other car movement document for the hazardous material being

transported showing the information required by part 172 of this

subchapter.

Sec. 174.45 [Removed]

28. Section 174.45 would be removed.

Secs. 174.47 through 174.49 [Removed]

29. Sections 174.47, 174.48 and 174.49 would be removed.

30. Section 174.50 would be revised to read as follows:

Sec. 174.50 Leaking packages.

Leaking packages other than tank cars may not be forwarded until

repaired, reconditioned, or overpacked in accordance with Sec. 173.3 of

this subchapter. Except as otherwise provided, a tank car that no

longer conforms to this subchapter may not be forwarded unless repaired

or approved, in writing, for movement by the Associate Administrator

for Safety, Federal Railroad Administration. For the applicable address

and telephone number, see part 107, appendix A, of this chapter. A

leaking tank car containing any hazardous material may be switched to a

location distant from habitation and highways if the move can be safely

made and, in the case of a liquid leak, if precautions are taken

against the spread of the liquid.

31. Section 174.55 would be revised to read as follows:

Sec. 174.55 General requirements.

(a) Except as otherwise provided, each packaging containing

hazardous materials being transported by rail must be secured within

the transport vehicle so that the packaging will not become damaged to

an extent that would affect its integrity under conditions normally

incident to rail transportation.

(b) Each package of hazardous materials bearing package orientation

markings prescribed in Sec. 172.312 of this subchapter must be secured

within the transport vehicle in accordance with the orientation

indicated by the markings.

for the securement system or the package beyond their design strength

as required by the AAR's Manual of Standards and Recommended Practices,

Specification M-930 (for containers) and M-931 (for trailers).

Sec. 174.67 [Amended]

32. In Sec. 174.67, in paragraph (k), the wording ``, except that

heater coil inlet and outlet pipes must be left open for drainage''

would be removed.

Sec. 174.69 [Removed]

33. Section 174.69 would be removed.

34. Section 174.85 would be amended by revising paragraph (c) to

read as follows:

Sec. 174.85 Position in train of placarded cars, transport vehicles,

freight containers, and bulk packagings.

* * * * *

[[Page 65501]]

be separated from a locomotive or occupied caboose by at least one non-

placarded rail car.

* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

35. The authority citation for part 179 would continue to read as

follows:

Authority: 49 U.S.C. 5101-5127; 49 CFR 1.53.

36. Section 179.12 would be revised to read as follows:

Sec. 179.12 Interior heater systems.

(a) Interior heater systems shall be of approved design and

materials. If a tank is divided into compartments, a separate system

shall be provided for each compartment.

(b) Each interior heater system shall be hydrostatically tested at

not less than 13.79 bar (200 psi) and shall hold the pressure for 10

minutes without leakage or evidence of distress.

Secs. 179.12-1 through 179.12-7 [Removed]

37. Sections 179.12-1 through 179.12-7 would be removed.

38. Section 179.15 would be added to read as follows:

Sec. 179.15 Pressure relief devices.

Except for DOT Class 106, 107, 110, and 113 tank cars, tanks must

have a pressure relief system that conforms to the following

requirements:

(a) Performance standard. Each tank must have a pressure relief

system having sufficient flow capacity to prevent pressure build-up in

the tank to no more than the flow rating pressure of the pressure

relief device in fire conditions as defined in Appendix A of the

Association of American Railroads Specifications for Tank Cars.

(b) Settings for pressure relief valves. (1) Except as provided in

paragraph (b)(2) of this section, a reclosing pressure relief valve

must have a minimum start-to-discharge pressure equal to the sum of the

lading vapor pressure at the reference temperature (46 deg.C (115

deg.F) for noninsulated tanks, 41 deg.C (105 deg.F) for insulated

tanks) plus the static head plus gas padding pressure. The start-to-

discharge pressure may not be lower than 5.17 Bar (75 psig) or exceed

33 percent of the minimum tank burst pressure.

(2) Tanks built prior to [one year after publication of final rule]

having a minimum tank burst pressure of 34.47 Bar (500 psig) or less

may be equipped with a reclosing pressure relief valve having a start-

to-discharge pressure of not less than 14.5 percent of the minimum tank

burst pressure but no more than 33 percent of the minimum tank burst

pressure.

(3) The vapor tight pressure of a reclosing pressure relief valve

must be at least 80 percent of the start-to-discharge pressure.

(4) The valve flow rating pressure must be 110 percent of the

start-to-discharge pressure for tanks having a minimum tank burst

pressure greater than 34.47 Bar (500 psig) and from 110 percent to 130

percent for tanks having a minimum tank burst pressure less than or

equal to 34.47 Bar (500 psig).

(5) The tolerance for a reclosing pressure relief valve is

3 psi for valves with a start-to-discharge pressure of

6.89 Bar (100 psig) or less and 3 percent for valves with

a start-to-discharge pressure greater than 6.89 Bar (100 psig).

capacity of each reclosing and nonreclosing pressure relief device must

conform to Appendix A of the Association of American Railroads

Specifications for Tank Cars.

(d) Flow capacity tests. The manufacturer of any reclosing or

nonreclosing pressure relief device must design and test the device in

accordance with Appendix A of the Association of American Railroads

Specifications for Tank Cars.

(e) Combination pressure relief systems. (1) When a reclosing

pressure relief valve is used in combination with a breaking pin

device, the breaking pin must be designed to fail at the start-to-

discharge pressure specified in paragraph (b) of this section, and the

reclosing pressure relief valve must be designed to discharge at 95

percent of the start-to-discharge pressure.

(2) When a reclosing pressure relief valve is used in combination

with a rupture disc, the rupture disc must be designed to fail at the

start-to-discharge pressure specified in paragraph (b) of this section,

and the reclosing pressure relief valve must be designed to discharge

95 percent of the start-to-discharge pressure. A device must be

installed to detect any accumulation of pressure between the rupture

disc and the reclosing pressure relief valve. The detection device must

be a needle valve, trycock, or tell-tale indicator. The detection

device must be closed during transportation.

(f) Non-reclosing pressure relief device. In addition to paragraphs

(a), (c), and (d) of this section, a nonreclosing pressure relief

device must conform to the following requirements:

(1) After [one year after publication of final rule], a non-

reclosing pressure relief device must incorporate a rupture disc

designed to burst at 33 percent of the tank burst pressure.

(2) The approach channel and the discharge channel may not reduce

the required minimum flow capacity of the pressure relief device.

(3) The nonreclosing pressure relief device must be designed to

prevent interchange with other fittings installed on the tank car, must

have a structure that encloses and clamps the rupture disc in position

(preventing any distortion or damage to the rupture disc when properly

applied), and must have a cover, with suitable means of preventing

misplacement, designed to direct any discharge of the lading downward.

(4) The nonreclosing pressure relief device must be closed with a

rupture disc that is compatible with the lading and manufactured in

accordance with Appendix A of the AAR Specifications for Tank Cars.

(g) Location of relief devices. Each pressure relief device must

communicate with the vapor space above the lading on the longitudinal

center line as near as practicable to the center of the tank.

(h) Marking of pressure relief devices. Each pressure relief device

and rupture disc must be permanently marked in accordance with the

Appendix A of the Association of American Railroads Specifications for

Tank Cars.

39. In Sec. 179.100-7, the table following paragraph (a) would be

revised to read as follows:

Sec. 179.100-7 Materials.

(a) * * *

------------------------------------------------------------------------

Minimum

Minimum elongation in

tensile 2 inches

Specifications strength (percent)

(p.s.i.) welded

welded condition

condition (longitudinal)

-------------------------------------------------\1\--------------------

ASTM A 516................................ 70,000 20

AAR TC128, Gr. B.......................... 81,000 19

ASTM A 537, Class 1....................... 70,000 23

ASTM A 302, Gr. B......................... 80,000 20

------------------------------------------------------------------------

\1\ Maximum stresses to be used in calculations.

* * * * *

Sec. 179.100-7 [Amended]

40. In addition, in Sec. 179.100-7, the following changes would be

made:

a. In the table following paragraph (b), the last entry ``ASTM B

209-70, Alloy 6061 \4\'' would be removed, and the wording ``209-70''

would be revised to read ``209'' each place it appears.

b. In the footnotes to the paragraph (b) table, Footnotes 4 and 5

would be

[[Page 65502]]

removed and Footnote 6 would be redesignated as Footnote 4.

c. In the table following paragraph (c)(1), the wording ``A240-70''

would be revised to read ``A 240'' each place it appears.

d. In paragraph (c)(2) (i), the wording ``A262-68'' would be

revised to read ``A 262'', the word ``Recommended'' would be revised to

read ``Standard'', and the word ``Austenitic'' would be added

immediately before ``Stainless Steel''.

Sec. 179.100-10 [Amended]

41. In Sec. 179.100-10, in paragraph (c), the wording ``ASTM A240-

70'' would be revised to read ``ASTM A 240''.

Sec. 179.100-15 [Removed and reserved]

42. Section 179.100-15 would be removed and reserved.

Sec. 179.100-20 [Amended]

43. In Sec. 179.100-20, in the paragraph (a) table, for the entry

``Material'', in the second column, the wording ``ASTM A515-70'' would

be revised to read ``ASTM A 516''.

44. Section 179.101-1 would be revised to read as follows:

Sec. 179.101-1 Individual specification requirements.

In addition to Sec. 179.100, the individual specification

requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Minimum

Bursting plate Test Manway Reference

DOT specification Insulation pressure thickness pressure cover Bottom outlet Bottom washout (179.***)

(psi) (inches) (psi) thickness

--------------------------------------------------------------------------------------------------------------------------------------------------------

105A100ALW.................... Yes.................. 500 \5/8\ 100 \2\ 2\1/2\ No............... No............... ...........

105A200ALW.................... Yes.................. 500 \5/8\ 200 \2\ 2\1/2\ No............... No............... ...........

105A300ALW.................... Yes.................. 750 \5/8\ 300 \2\ 2\5/8\ No............... No............... ...........

105A100W...................... Yes.................. 500 \3\ \9/16\ 100 2\1/4\ No............... No............... ...........

105A200W...................... Yes.................. 500 \3\ \9/16\ 200 2\1/4\ No............... No............... ...........

105A300W...................... Yes.................. 750 \1\ \11/ 300 \7\ 2\1/4\ No............... No............... ...........

16\

105A400W...................... Yes.................. 1,000 \1\ \11/ 400 \7\ 2\1/4\ No............... No............... ...........

16\

105A500W...................... Yes.................. 1,250 \1\ \11/ 500 2\1/4\ No............... No............... 102-1, 102-

16\ 2

105A600W...................... Yes.................. 1,500 \1\ \11/ 600 2\1/4\ No............... No............... 102-4, 102-

16\ 17

109A100ALW.................... Optional............. 500 \5/8\ 100 \2\ 2\1/2\ No............... Optional......... ...........

109A200ALW.................... Optional............. 500 \5/8\ 200 \2\ 2\1/2\ No............... Optional......... ...........

109A300ALW.................... Optional............. 750 \5/8\ 300 \2\ 2\5/8\ No............... Optional......... ...........

109A300W...................... Optional............. 500 \1\ \11/ 300 2\1/4\ No............... Optional......... ...........

16\

112A200W...................... Optional\4\.......... 500 3, \5\ \9/ 200 2\1/4\ No............... No............... ...........

16\

112A340W...................... Optional\4\.......... 850 \1\ \11/ 340 2\1/4\ No............... No............... ...........

16\

112A400W...................... Optional\4\.......... 1,000 \1\ \11/ 400 2\1/4\ No............... No............... ...........

16\

112A500W...................... Optional\4\.......... 1,250 \1\ \11/ 500 2\1/4\ No............... No............... ...........

16\

114A340W...................... Optional\4\.......... 850 \1\ \11/ 340 ( \6\ ) Optional......... Optional......... 103

16\

114A400W...................... Optional\4\.......... 1,000 \1\ \11/ 400 ( \6\ ) Optional......... Optional......... 103

16\

120A200ALW.................... Yes.................. 500 \5/8\ 200 \2\ 2\1/2\ Optional......... Optional......... 103

120A100W...................... Yes.................. 500 \3\ \9/16\ 100 2\1/4\ Optional......... Optional......... 103

120A200W...................... Yes.................. 500 \3\ \9/16\ 200 2\1/4\ Optional......... Optional......... 103

120A300W...................... Yes.................. 750 \1\ \11/ 300 2\1/4\ Optional......... Optional......... 103

16\

120A400W...................... Yes.................. 1,000 \1\ \11/ 400 2\1/4\ Optional......... Optional......... 103

16\

120A500W...................... Yes.................. 1,250 \1\ \11/ 500 2\1/4\ Optional......... Optional......... 103

16\

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ When steel of 65,000 to 81,000 p.s.i. minimum tensile strength is used, the thickness of plates shall be not less than \5/8\ inch, and when steel of

81,000 p.s.i. minimum tensile strength is used, the minimum thickness of plates shall be not less than \9/16\ inch.

\2\ When approved material other than aluminum alloys are used, the thickness shall be not less than 2\1/4\ inches.

\3\ When steel of 65,000 p.s.i. minimum tensile strength is used, minimum thickness of plates shall be not less than \1/2\ inch.

\4\ Tank cars not equipped with a thermal protection or an insulation system used for the transportation of a Class 2 (compressed gas) material must

have at least the upper two-thirds of the exterior of the tank, including manway nozzle and all appurtenances in contact with this area, finished with

a reflective coat of white paint.

\5\ For inside diameter of 87 inches or less, the thickness of plates shall be not less than \1/2\ inch.

\6\ See AAR specifications for tank cars, Appendix E, E4.01 and Sec. 179.103-2.

\7\ When the use of nickel is required by the lading, the thickness shall not be less than two inches.

Sec. 179.102-1 [Amended]

45. In Sec. 179.102-1, in paragraph (a)(1), the following changes

would be made:

a. In the first sentence, the wording ``A516-79b'' would be revised

to read ``A 516''.

b. At the end of the third sentence, the wording ``A370-77'' would

be revised to read ``A 370''.

c. In the last sentence, the wording ``A240-79'' would be revised

to read ``A 240''.

Sec. 179.102-2 [Amended]

46. In Sec. 179.102-2, in paragraph (a)(1), the wording ``A516-

70a'' would be revised to read ``A 516'' and the wording ``TC-128-70''

would be revised to read ``TC-128''.

Sec. 179.102-4 [Amended]

47. In Sec. 179.102-4, the following changes would be made:

a. Paragraph (d) would be removed.

b. Paragraphs (b) and (c) would be redesignated as paragraphs (a)

and (b), respectively.

c. Paragraphs (e) through (k) would be redesignated as paragraphs

d. Paragraph (l) would be removed.

48. In Sec. 179.103-5, in paragraph (a)(3), the word ``valve''

would be removed, and paragraph (b)(2) would be revised to read as

follows:

Sec. 179.103-5 Bottom outlets.

* * * * *

(b) * * *

(2) To provide for the attachment of unloading connections, the

discharge end of the bottom outlet nozzle or reducer, the valve body of

the exterior valve, or some fixed attachment thereto, shall be provided

with one of the following arrangements or an approved modification

thereof. (See appendix E. Fig. E17 of the AAR Specifications for Tank

Cars for illustrations of some of the possible arrangements.)

[[Page 65503]]

(i) A bolted flange closure arrangement including a minimum 1-inch

NPT pipe plug (see Fig. E17.1) or including an auxiliary valve with a

threaded closure.

(ii) A threaded cap closure arrangement including a minimum 1-inch

NPT pipe plug (see Fig. E17.2) or including an auxiliary valve with a

threaded closure.

(iii) A quick-coupling device using a threaded plug closure of at

least 1-inch NPT or having a threaded cap closure with a minimum 1-inch

NPT pipe plug (see Fig. E17.3 through E17.5). A minimum 1-inch

auxiliary test valve with a threaded closure may be substituted for the

1-inch pipe plug (see Fig E17.6). If the threaded cap closure does not

have a pipe plug or integral auxiliary test valve, a minimum 1-inch NPT

pipe plug shall be installed in the outlet nozzle above the closure

(see Fig. E17.7).

(iv) A two-piece quick-coupling device using a clamped dust cap

must include an in-line auxiliary valve, either integral with the

quick-coupling device or located between the primary bottom outlet

valve and the quick-coupling device. The quick-coupling device closure

dust cap or outlet nozzle shall be fitted with a minimum 1-inch NPT

closure (see Fig. E17.8 and E17.9).

* * * * *

49. Section 179.200-7 would be amended by revising the table

following paragraph (b) to read as follows:

Sec. 179.200-7 Materials.

* * * * *

(b) * * *

------------------------------------------------------------------------

Minimum Minimum

tensile elongation in

strength 2 inches

Specifications (p.s.i.) (percent) weld

welded metal

condition\1\ (longitudinal)

------------------------------------------------------------------------

ASTM A 515, Gr. 70........................ 70,000 20

ASTM A 516, Gr. 70........................ 70,000 20

AAR TC 128, Gr. B......................... 81,000 19

------------------------------------------------------------------------

\1\ Maximum stresses to be used in calculations.

* * * * *

Sec. 179.200-7 [Amended]

50. In addition, in Sec. 179.200-7, the following changes would be

made:

a. In the table following paragraph (c), the last entry ``ASTM B

209-70, Alloy 60614'' would be removed, and in the first column, for

each entry, the wording ``209-70'' would be revised to read ``209''.

b. In the paragraph (c) table, Footnotes 4 and 5 would be removed

and Footnote 6 would be redesignated as Footnote 4.

c. In the table following paragraph (d), in the first column, for

each entry, the wording ``240-70'' would be revised to read ``240''.

d. In Footnote 2 in the paragraph (d) table, the wording ``the

following procedures in ASTM Specification A 262-68 titled,

`Recommended Practices for Detecting Susceptibility to Intergranular

Attack in Stainless Steels,' and must exhibit corrosion rates not

exceeding the following:'' would be revised to read ``Practice A of

ASTM Specification A 262 titled, `Standard Practices for Detecting

Susceptibility to Intergranular Attack in Austenitic Stainless Steels.'

If the specimen does not pass Practice A, Practice B or C must be used

and the corrosion rates may not exceed the following:''.

e. In the table following paragraph (e), in the first column, the

wording ``162-69\2\'' would be revised to read ``162\2\''.

f. In the table following paragraph (f), in the first column, the

wording ``302-69a'' would be revised to read ``302''.

51. In Sec. 179.200-14, the first sentence of paragraph (a) and the

first sentence of paragraph (b) would be revised to read as follows:

Sec. 179.200-14 Expansion capacity.

(a) Tanks shall have expansion capacity as prescribed in this

subchapter. * * *

(b) For tank cars having an expansion dome, the expansion capacity

is the total capacity of the tank and dome combined. * * *

* * * * *

52. In Sec. 179.200-16, the first sentence in paragraph (d) would

be revised to read as follows:

Sec. 179.200-16 Gauging devices, top loading and unloading devices,

venting and air inlet devices.

* * * * *

(d) When using a gauging device, an outage scale visible through

the manway opening shall be provided. * * *

* * * * *

Sec. 179.200-18 [Removed]

53. Section 179.200-18 would be removed.

Sec. 179.200-24 [Amended]

54. In Sec. 179.200-24, in the paragraph (a) table, for the entry

``Material'' , in the second column, the wording ``ASTM A285 C'' would

be revised to read ``ASTM A 516''.

55. Section 179.201-1 would be revised to read as follows:

Sec. 179.201-1 Individual specification requirements.

In addition to Sec. 179.200, the individual specification

requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Minimum

Bursting plate Test

DOT Specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout References (179.201-***)

(psi) (inches) (psi)

--------------------------------------------------------------------------------------------------------------------------------------------------------

103A-ALW..................... Optional............. 240 \1/2\ 60 No............... Optional......... .........................

103AW........................ Optional............. 240 179.201-2 60 No............... Optional......... .........................

103ALW....................... Optional............. 240 \1/2\ 60 Optional......... Optional......... 6(a).

103ANW....................... Optional............. 240 179.201-2 60 No............... Optional......... 6(d).

103BW........................ Optional............. 240 179.201-2 60 No............... No............... 6(b), 3.

103CW........................ Optional............. 240 179.201-2 60 No............... No............... 6(c), 4, 5.

103DW........................ Optional............. 240 179.201-2 60 Optional......... Optional......... 6(a), 6(c), 4, 5.

103EW........................ Optional............. 240 179.201-2 60 No............... Optional......... 6(c), 4, 5.

103W......................... Optional............. 240 179.201-2 60 Optional......... Optional......... 6(a).

104W......................... Yes.................. 240 179.201-2 60 Optional......... Optional......... 6(a).

111A60ALW1................... Optional............. 240 \1/2\ 60 Optional......... Optional......... 6(a).

111A60ALW2................... Optional............. 240 \1/2\ 60 No............... Optional......... .........................

111A60W1..................... Optional............. 240 \7/16\ 60 Optional......... Optional......... 6(a).

111A60W2..................... Optional............. 240 \7/16\ 60 No............... Optional......... .........................

111A60W5..................... Optional............. 240 \7/16\ 60 No............... No............... 3, 6(b).

[[Page 65504]]

111A60W6..................... Optional............. 240 \7/16\ 60 Optional......... Optional......... 4, 5, 6(a), 6(c).

111A60W7..................... Optional............. 240 \7/16\ 60 No............... No............... 4, 5, 6(a).

111A100ALW1.................. Optional............. 500 \5/8\ 100 Optional......... Optional......... 6(a).

111A100ALW2.................. Optional............. 500 \5/8\ 100 No............... Optional......... .........................

111A100W1.................... Optional............. 500 \7/16\ 100 Optional......... Optional......... 6(a).

111A100W2.................... Optional............. 500 \7/16\ 100 No............... Optional......... .........................

111A100W3.................... Yes.................. 500 \7/16\ 100 Optional......... Optional......... 6(a).

111A100W4.................... Yes (see 179.211-11). 500 \7/16\ 100 No............... No............... 6(a), 8, 10.

111A100W5.................... Optional............. 500 \7/16\ 100 No............... No............... 3.

111A100W6.................... Optional............. 500 \7/16\ 100 Optional......... Optional......... 4, 5, 6(a) and 6(b).

111A100W7.................... Optional............. 500 \7/16\ 100 No............... No............... 4, 5, 6(c).

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ Tanks marked ``ALW'' are constructed from aluminum alloy plate; ``AN'' nickel plate; ``CW,'' ``DW,'' ``EW,'' ``W6,'' and ``W7'' high alloy steel or

manganese-molybdenum steel plate; and those marked ``BW'' or ``W5'' must have an interior lining that conforms to Sec. 179.201-3.

Sec. 179.201-4 [Amended]

56. In Sec. 179.201-4, at the end of the paragraph, the wording

``AAR Specifications for Tank Cars, appendix M, M3.03(b) and M4.05(d)''

would be revised to read ``ASTM Specification A 262''.

Sec. 179.201-5 [Amended]

57. In Sec. 179.201-5, in paragraphs (a) and (b), the wording

``ASTM A240-70'' would be revised to read ``ASTM Specification A 240''

each place it appears.

Sec. 179.201-7 [Removed]

58. Section 179.201-7 would be removed.

Sec. 179.220-19 [Removed]

59. Section 179.220-19 would be removed.

60. Section 179.221-1 would be revised as follows:

Sec. 179.221-1 Individual specification requirements.

In addition to Sec. 179.220, the individual specification

requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------

Minimum

Bursting plate Test

DOT Specification \1\ Insulation pressure thickness pressure Bottom outlet Bottom washout Reference (179.221-***)

(psi) (inches) (psi)

--------------------------------------------------------------------------------------------------------------------------------------------------------

115A60W1..................... Yes.................. 240 \1/8\ 60 Optional......... Optional......... 1.

115A60ALW.................... Yes.................. 240 \3/16\ 60 Optional......... Optional.........

115A60W6..................... Yes.................. 240 \1/8\ 60 Optional......... Optional......... 1.

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ Tanks converted to DOT-1A series from existing forge-welded specification, DOT-105A 300, 490, or 500 tanks, by modification using conversion details

complying with DOT-1-11A specification requirements, shall be stenciled by substituting the letter ``F'' for the letter ``W'' in the specification

designation.

Sec. 179.222 [Removed]

61. Section 179.222 would be removed.

Sec. 179.222-1 [Removed]

62. Section 179.222-1 would be removed.

Sec. 179.300-7 [Amended]

63. In Sec. 179.300-7, the following changes would be made:

a. In the table at the end of paragraph (a), the wording ``A 285-

69'' would be revised to read ``A 285'' each place it appears, and the

wording ``A 515-69'' would be revised to read ``A 515'' each place it

appears.

b. In the table at the end of paragraph (b), the wording ``285-69''

would be revised to read ``285''.

Sec. 179.500-17 [Amended]

64. In Sec. 179.500-17, paragraph (a)(7) would be removed.

Issued in Washington, DC on December 7, 1995 under authority

delegated in 49 CFR part 106, appendix A.

Alan I. Roberts,

Associate Administrator for Hazardous Materials Safety.

[FR Doc. 95-30408 Filed 12-18-95; 8:45 am]

BILLING CODE 4910-60-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.