[Federal Register: May 18, 2004 (Volume 69, Number 96)]
[Notices]
[Page 28186-28191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[FRA Emergency Order No. 23, Notice No. 2]
Clarifying Amendment to the Emergency Order To Prohibit the
Continued Use of Certain Railroad Tank Cars Equipped With a Truck
Bolster Bearing Either (1) Association of American Railroads (AAR)
Identification Number B-2410 and National Castings of Mexico (NCM)
Pattern Number 52122 or (2) AAR Identification Number B-2409 and NCM
Pattern Number 52202
On April 30, 2004, FRA published Emergency Order No. 23, Notice No.
1, directing all persons, including, but not limited to owners,
shippers, consignees, and railroads, to discontinue the loading and
transportation of certain railroad tank cars equipped with a truck
bolster bearing either (1) AAR identification Number B-2410 and NCM
Pattern Number 52122 or (2) AAR Identification Number B-2409 and NCM
Pattern Number 52202, until each of the described bolsters is removed
from the car and replaced with a bolster of suitable design and
manufacture. See 69 FR 23850. Information received by FRA subsequent to
the issuance of the Emergency order compels FRA to issue this amendment
to the Order (Notice No. 2) to clarify the identification of the tank
cars covered by Emergency Order No. 23.
FOR FURTHER INFORMATION CONTACT: Ronald Newman, Staff Director, Motive
Power & Equipment Division, FRA, 1120 Vermont Ave, NW., stop 25,
Washington, DC 20590, (202) 493-6241, or Thomas Herrmann, Trial
Attorney, Office of Chief Counsel, FRA, 1120 Vermont Ave., NW., stop
10, Washington, DC 20590, (202) 493-6036.
Authority
The authority for issuance of this amendment to Emergency Order No.
23 is the same as that cited for the issuance of the original Emergency
Order. See 69 FR23850.
Background
FRA outlined the scope and severity of the problems associated with
two above-noted bolster patterns in Notice No. 1 to Emergency Order No.
23. See 69 FR 23850-51. FRA is working with the AAR, tank car builders
and users, and the nation's railroads to resolve the problem. Previous
efforts are memorialized in FRA Safety Advisory 2002-03 (69 FR 79686,
December 30, 2002); FRA Safety Advisory 2003-03 (68 FR 65982, November
24, 2003); AAR Maintenance Advisory MA-81; and a series of AAR Early
Warning letters including EW-5191, EW-5194, EW-5195, EW-5196, and EW-
5197, and supplements to them.
Although all parties to this effort agree that the involved
bolsters must be replaced, the castings industry simply cannot produce
a sufficient number of replacement truck bolsters fast enough.
Therefore, priorities had to be established to schedule the necessary
change-outs in a timely fashion. As discussed in Notice No. 1 to this
Emergency Order, the AAR developed a unique risk assessment matrix to
establish these priorities. The risk matrix included, among other
things, factors for the manner in which the cars were loaded and, for
tank cars, the relative danger of the hazardous material being
transported. The results of the risk matrix divided the freight cars
with defective bolsters into three specific groups: Group I included
hazardous material tank cars, Group II included coal cars and mill
gondola cars, and Group III included all other cars. See 69 FR 23851.
For purposes of priority, hazardous material tank cars were further
divided into three hazard-based categories: Category I included
pressurized shipments (liquefied compressed gases) such as propane,
anhydrous ammonia, and chlorine, Category II included flammable
liquids, corrosives, and liquids with a poisonous hazard; and Category
III included molten sulfur, elevated temperature materials, and the
low-hazard Class 9 ``other regulated materials.'' Appendix A to this
Notice displays the results of the risk matrix applied to hazardous
materials transported in railroad tank cars and shows which commodities
are included in each of the tree Categories. Based on the lower degree
of hazard involved, hazardous material tank cars (Group I cars) used to
transport Category III hazardous materials, were prioritized with the
Group III (all other) cars.
Information received by FRA since its issuance of Emergency Order
No. 23, Notice No. 1, indicates that the identification of the affected
tank cars needs to be clarified. In order to make clear the
applicability of Emergency Order No. 23, FRA believes it is necessary
to issue this amendment. FRA
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intends that Emergency Order No. 23 apply to all tank cars used to
transport hazardous materials risk-rated in Categories I and II by
AAR's matrix, and equipped with bolsters cast in 1995, 1996, 1997, 1998
or 1999, and bearing either (1) AAR Identification Number B-2410 and
NCM Pattern Number 52122 or (2) AAR Identification Number B-2409 and
NCM Pattern Number 52202. ``Tank cars'' includes DOT-, TC- (Tansport
Canada), and AAR-Specification tank cars. Tank cars transporting
Category III hazardous materials, tank cars transporting non-regulated
materials, and tank cars cleaned and purged of all hazardous materials
were not intended to be covered by Emergency Order No. 23.
Amended Finding and Order
Based on the information contained in Emergency Order No. 23,
Notice No. 1 (69 FR 23850), and on the information received subsequent
to the issuance of that notice described in detail above, I continue to
find that an emergency situation involving a hazard of death or
personal injury exists. Consequently, I hereby direct and order that,
except as necessary to carry out this order, no person may transport,
offer for transportation, load, or continue in service any tank car
used to transport hazardous materials risk-rated in Categories I and II
by AAR's matrix and equipped with bolsters cast in 1995, 1996, 1997,
1998, or 1999, and bearing either (1) AAR Identification Number B-2410
and NCM Pattern Number 52122 or (2) AAR Identification Number B-2409
and NCM Pattern Number 52202, until each of the described bolsters is
removed from the car and replaced with a bolster of suitable design and
manufacture. Railroads are permitted to haul such a car if necessary to
effectuate such removal and replacement, but only to the nearest
available location where the removal and replacement of the subject
bolster can be made.
Relief
This Notice No. 2 does not amend the Relief provisions contained in
Emergency Order No. 23, Notice No. 1. See 69 FR 23851.
Penalties
Any violation of Emergency Order No. 23 shall subject the person
committing the violation to a civil penalty in the maximum amount set
forth in 49 CFR part 209, Appendix A. FRA may, through the Attorney
General, also seek injunctive relief to enforce this order as
established by 49 U.S.C. 20112.
Effective Date and Notice to Affected Persons
This Emergency Order No. 23 became effective on April 30, 2004 and
applies according to its terms except as expressly amended by this
notice. Emergency Order No. 23, Notice No. 2, will be published in the
Federal Register and will take effect upon its issuance. A copy of
Emergency Order No. 23, Notice No. 2, will also be sent by e-mail or
facsimile to the AAR for distribution to its members.
Review
Opportunity for formal review of Emergency Order No. 23 will be
provided in accordance with 49 U.S.C. 20104(b) and 5 U.S.C. 554.
Administrative procedures governing such review are found at 49 CFR
211.47, 211.71, 211.73, 211.75, and 211.77.
Issued in Washington, DC on May 11, 2004.
Allan Rutter,
Federal Railroad Administrator.
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[FR Doc. 04-11143 Filed 5-17-04; 8:45 am]
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