[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Proposed Rules]
[Pages 20006-20008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7829]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 171, 173, 174 and 179
[Docket No. FRA-2006-25169]
RIN 2130-AB69
Hazardous Materials: Improving the Safety of Railroad Tank Car
Transportation of Hazardous Materials
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of public meetings.
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SUMMARY: On April 1, 2008, PHMSA, in consultation with the Federal
Railroad Administration (FRA), published a notice of proposed
rulemaking (NPRM) proposing revisions to the Federal Hazardous
Materials Regulations to improve the crashworthiness of railroad tank
cars designed to transport poison inhalation hazard (PIH) materials.
Specifically, the NPRM proposes enhanced tank car performance standards
for head and shell impacts; operational restrictions for trains hauling
tank cars containing PIH materials; interim operational restrictions
for trains hauling tank cars containing PIH materials, but not meeting
the enhanced performance standards; and an allowance to increase the
gross weight of tank cars that meet the enhanced tank-head and shell
puncture-resistance requirements. This notice announces that PHMSA and
FRA will hold a series of public meetings (May 14, 15, 28, and 29, 2008
in Washington, DC) related to the NPRM. Information on the scope,
topics, dates, and locations of these public meetings is provided in
this notice.
DATES: Public meetings: May 14, 15, 28, and 29, 2008, starting at 9
a.m., in Washington, DC. Further information on the agenda and topics
to be discussed at each meeting is provided in the SUPPLEMENTARY
INFORMATION section below.
Written Comments: In accordance with the timeframe established by
the NPRM, comments to this docket must be received no later than May
29, 2008.
ADDRESSES: Public meetings: The meetings will be held at the Washington
Plaza Hotel, 10 Thomas Circle, NW., Washington, DC 20005.
Oral Presentations: Any person wishing to present an oral statement
at any of the public meetings should notify Lucinda Henriksen, by e-
mail or telephone, at least four business days before the date of the
public meeting at which the person wishes to speak. For information on
facilities or services for persons with disabilities or to request
special assistance at the meetings, contact Ms. Henriksen as soon as
possible.
Written Comments: We invite interested parties who are unable to
attend the meetings, or who otherwise desire to submit written comments
or data to submit any relevant information, data, or comments to the
docket of this proceeding (FRA-2006-25169) by any of the following
methods:
Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Lucinda Henriksen, Office of Chief
Counsel, Federal Railroad Administration ([email protected] or
(202) 493-1345), or Bill Schoonover, Office of Safety Assurance and
Compliance, Federal Railroad Administration ([email protected]
or (202) 493-6229).
SUPPLEMENTARY INFORMATION: On April 1, 2008, PHMSA, in consultation
with FRA, published an NPRM proposing revisions to the Federal
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to improve
the crashworthiness of railroad tank cars designed to transport PIH
materials. As explained in more detail in the NPRM, DOT's tank car
research has shown that the rupture of tank cars and loss of lading are
principally associated with the car-to-car impacts that occur as a
result of derailments and train-to-train collisions. Conditions during
an accident can be of such force that a coupler of one car impacts the
head or the shell of a tank car. With sufficient speed, such impacts
can lead to rupture and loss of lading. When a tank car is transporting
PIH materials, the consequences of that loss of lading can be
catastrophic. Based on the information currently available, DOT
believes that a significant opportunity exists to enhance the safety of
hazardous materials transportation, and in direct response to the
Congressional directive of 49 U.S.C. 20155, in the NPRM we propose
revisions to the HMR that would improve the accident survivability of
railroad tank cars used to transport PIH materials. Specifically, in
the NPRM we propose to require:
A maximum speed limit of 50 mph for all railroad tank cars
used to transport PIH materials;
A maximum speed limit of 30 mph in non-signaled (i.e.,
dark) territory for all railroad tank cars transporting PIH materials,
unless the material is transported in a tank car meeting the enhanced
tank-head and shell puncture-resistance systems performance standards
proposed;
As an alternative to the maximum speed limit of 30 mph in
dark territory, submission for FRA approval of a complete risk
assessment and risk mitigation strategy establishing that operating
conditions over the subject track provide at least an equivalent level
of safety as that provided by signaled track;
Railroad tank cars used to transport PIH materials have a
shell puncture-resistance system capable of withstanding impact at 25
mph and a tank-head puncture-resistance system capable of withstanding
impact at 30 mph;
The expedited replacement of tank cars used for the
transportation of PIH materials manufactured before 1989 with non-
normalized steel head or shell construction; and
An allowance to increase the gross weight on rail for tank
cars designed to meet the proposed enhanced tank-head and shell
puncture-resistance systems performance standards.
The public meetings will be held on the dates specified in the
DATES section of this document and at the location specified in the
ADDRESSES section. Although all interested parties are invited to
participate in any of the public meetings, to ensure adequate time is
allotted to the diverse issues involved in the proposal, DOT plans to
limit the scope of each proceeding as outlined below.
May 14 and 15, 2008 Public Meetings: The May 14 and 15, 2008
meetings will focus on the NPRM as it relates to the transportation by
rail tank car of chlorine and anhydrous ammonia, the two PIH materials
that constitute almost 80% of the total rail tank car PIH shipments
each year. Specifically, we will focus on issues related to the
transportation of chlorine on May 14th and issues related to the
transportation of anhydrous ammonia on May 15th.
May 28, 2008 Public Meeting: The May 28, 2008 meeting will include
two distinct segments. The morning session will focus on the NPRM as it
relates to the transportation by railroad tank car of PIH materials
other than chlorine and
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anhydrous ammonia (e.g., ethylene oxide, anhydrous hydrogen fluoride,
sulfur dioxide, hydrogen chloride, etc.). The afternoon session of the
May 28th meeting will address railroad-specific issues related to the
NPRM (e.g., the operational restrictions proposed, role of the Tank Car
Committee, impact of heavier tank cars on railroad infrastructure,
etc.). Accordingly, anyone wishing to comment on the proposed rule as
it relates to railroad operations, infrastructure, and any other
railroad-specific issues, should attend the afternoon session on May
28, 2008.
May 29, 2008 Public Meeting: The May 29, 2008 meeting is intended
to provide an opportunity for all interested parties to present general
comments related to the NPRM and/or any relevant concluding remarks.
Although we welcome any comments, information or data relevant to
the NPRM as it relates to the transportation of PIH materials by
railroad tank car, as noted in the NPRM and accompanying documents, we
specifically request comment on the following issues and questions:
Regarding the proposed performance standards for enhanced
tank-head and shell protection, are there alternative strategies for
enhancing the accident survivability of tank cars that may be as
effective as, or more effective than, the proposed standards? Please
include appropriate data and information demonstrating the
effectiveness of such alternatives.
Regarding the proposed eight-year implementation period
for tank cars to be brought into compliance with the enhanced
performance standards proposed, we request comment as to the
feasibility and costs of this implementation schedule, as well as
suggestions for any alternatives. We are particularly interested in
data and information concerning current tank car manufacturing capacity
and whether capacity limitations will affect the proposed
implementation period.
If the proposed rule is adopted, will it be necessary to
maintain the requirement of 49 CFR 173.31(e)(2) that tank cars used to
transport PIH materials be equipped with metal jackets?
Regarding the proposed speed restriction of 50 mph for all
tank cars transporting PIH materials:
[dec221] To what extent are tank cars containing PIH materials
currently transported in accordance with the speed restrictions in
AAR's Circular OT-55-I for ``key trains''?
[dec221] To the extent that tank cars containing PIH materials are
not currently transported in ``key trains,'' but would be as a result
of the proposed speed restriction (assuming carriers would marshal PIH
cars into key trains to avoid the speed restriction on other trains),
to what extent, if any, would this ``marshalling'' cause a delay in the
delivery of PIH materials (or other hazardous or non-hazardous
materials) in the train? What would be the cost of the delay?
[dec221] Are there alternative approaches to the speed restrictions
proposed that would reduce the consequences of a train derailment or
accident involving PIH materials? If so, please provide supporting data
demonstrating the effectiveness of the alternative approaches.
Regarding the proposed speed restriction of 30 mph for
tank cars not meeting the enhanced performance standards, but used to
transport PIH materials through unsignaled territory, are there
additional approaches to limit any burdens associated with this speed
limitation (e.g., should exceptions be made to the speed restriction
based on population densities and/or land use patterns of the area
abutting the track)?
Regarding the proposal to allow an increase to 286,000
pounds in the gross weight of tank cars:
[dec221] To what extent has track infrastructure already been
modified to accommodate these heavier cars and what was the cost
associated with such upgrades?
[dec221] What additional infrastructure modifications would be
required to accommodate the heavier cars?
[dec221] Would the number of PIH shipments along certain rail lines
be expected to increase because existing infrastructure could not
accommodate heavier cars?
As noted in the Initial Regulatory Flexibility Assessment (IRFA)
published in the NPRM (73 FR 17818, 17852 (Apr. 1, 2008)) we recognize
that the proposals in the NPRM may impact certain small entities.
However, at this time, we do not have enough information to determine
whether the proposed rule would have a significant economic impact on a
substantial number of small entities. Accordingly, we encourage small
entities potentially impacted by this proposal, particularly small
agricultural operations which utilize anhydrous ammonia, to review the
NPRM and accompanying Regulatory Impact Analysis (RIA) and provide any
relevant comments, data, or information related to the potential
economic impact to small entities that would result from adoption of
the proposals in the NPRM. As noted in the IRFA, we specifically
request comment on the following issues and questions:
How many small shippers would be impacted by
implementation of the proposed rule and what is the extent of such
impact?
How many governmental jurisdictions that meet the Small
Business Administration's (SBA) definition of small entity own water
treatment systems that utilize chlorine in their processing? What would
be the expected impact of this proposed rule on such entities? Of small
government jurisdictions currently utilizing chlorine in their water
treatment systems, how many entities could feasibly substitute a non-
dangerous or less lethal material (e.g., bleach) for chlorine?
How many agricultural operations that meet the SBA
definition of small entity utilize anhydrous ammonia in their
operations? What would be the expected impact of this proposed rule on
such entities? Of small agricultural operations currently utilizing
anhydrous ammonia in their operations, how many entities could feasibly
substitute less dangerous materials (e.g., urea, urea ammonium nitrate,
or ammonium nitrate) for anhydrous ammonia?
How many entities meeting the SBA definition of small
entity own tank cars that would be subject to this rule? What would be
the expected impact of this proposed rule on such entities?
We also specifically request comment on the estimates of costs and
benefits of implementing the proposed rule as detailed in the RIA, as
well as the underlying assumptions noted in the RIA.
PHMSA and FRA encourage all interested persons to participate in
these proceedings. We encourage participants wishing to make oral
statements to plan on attending the entire meeting for which they are
scheduled, since DOT may not be able to accommodate competing demands
to appear at specific times. We also encourage participants to focus
their testimony at each meeting on the particular topics for that
proceeding as outlined above.
Documents
A copy of the April 1, 2008 NPRM, the Regulatory Impact Analysis
prepared in support of the NPRM, and any comments addressed to this
docket are available through the DOT's docket system Web site at http://www.regulations.gov and/or Room W12-140 on the Plaza Level of the U.S.
Department of Transportation Headquarters Building, 1200 New Jersey
Ave., SE., Washington, DC between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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Issued in Washington, DC, on April 8, 2008, under authority
delegated in 49 CFR part 106.
Edward T. Mazzullo,
Acting Associate Administrator for Hazardous Materials Safety.
[FR Doc. E8-7829 Filed 4-11-08; 8:45 am]
BILLING CODE 4910-60-P