requirements apply to high-hazard flammable trains (see Sec.  171.8 of
this subchapter) as prescribed in Sec.  174.310 of this subchapter.
Except as otherwise provided in this section, DOT Specification 111
tank cars and DOT Specification 111 tank cars built to the CPC-1232
industry standard are no longer authorized to transport Class 3
(flammable liquids) in Packing Group II and III, for use in high-hazard
flammable train service, unless retrofitted to the DOT Specification
117R retrofit standards, or the DOT Specification 117P performance
standards provided in part 179, subpart D of this subchapter.
    (1) DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
for use in high-hazard flammable train service unless retrofitted prior
to the dates in the following table:

------------------------------------------------------------------------
                                                    DOT 111 built to the
                                   DOT 111 not        CPC-1232 industry
        Packing group           authorized on or        standard not
                                      after           authorized on or
                                                            after
------------------------------------------------------------------------
II..........................  May 1, 2023           July, 1 2023 (non-
                               (jacketed and non-    jacketed).
                               jacketed).           May 1, 2025
                                                     (jacketed).
III.........................  May 1, 2025.........  May 1, 2025.
------------------------------------------------------------------------

    (2) Conforming retrofitted tank cars are to be marked ``DOT-117R.''
    (3) Conforming performance standard tank cars are to be marked
``DOT-117P.''
* * * * *
0
10. In Sec.  173.243, paragraph (a) is revised to read as follows:

Sec.  173.243  Bulk packaging for certain high-hazard liquids and dual-
hazard materials that pose a moderate hazard.

* * * * *
    (a) Rail cars: Class DOT 103, 104, 105, 109, 111, 112, 114, 115,
117, or 120 fusion-welded tank car tanks; and Class 106 or 110 multi-
unit tank car tanks. Additional operational requirements apply to high-
hazard flammable trains (see Sec.  171.8 of this subchapter) as
prescribed in Sec.  174.310 of this subchapter. Except as otherwise
provided in this section, DOT Specification 111 tank cars and DOT
Specification 111 tank cars built to the CPC-1232 industry standard are
no longer authorized to transport Class 3 (flammable liquids) in
Packing Group I, for use in high-hazard flammable train service, unless
retrofitted to the DOT Specification 117R retrofit standards or the DOT
Specification 117P performance standards provided in part 179, subpart
D of this subchapter.
    (1) DOT Specification 111 tank cars and DOT Specification 111 tank
cars built to the CPC-1232 industry standard are no longer authorized
for use in high-hazard flammable train service unless retrofitted prior
to the dates in the following table:

------------------------------------------------------------------------
                                                    DOT 111 built to the
                                   DOT 111 not        CPC-1232 industry
        Packing group           authorized on or        standard not
                                      after           authorized on or
                                                            after
------------------------------------------------------------------------
I...........................  January 1, 2017 (non- April 1, 2020 (non-
                               jacketed report       jacketed).
                               trigger).            May 1, 2025
                                                     (jacketed).
                              January 1, 2018 (non-
                               jacketed).
                              March 1, 2018
                               (jacketed).
------------------------------------------------------------------------

    (2) Conforming retrofitted tank cars are to be marked ``DOT-117R.''
    (3) Conforming performance standard tank cars are to be marked
``DOT-117P.''
* * * * *

PART 174--CARRIAGE BY RAIL

0
11. The authority citation for part 174 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
12. Section 174.310 is added to subpart G to read as follows:

Sec.  174.310  Requirements for the operation of high-hazard flammable
trains.

    (a) Applicability. Each rail carrier operating a high-hazard
flammable train (as defined in Sec.  171.8 of this subchapter) must
comply with each of the following additional safety requirements with
respect to each high-hazard flammable train that it operates:
    (1) Routing. The additional planning requirements for
transportation by rail in accordance with part 172, subpart I of this
subchapter;
    (2) Speed restrictions. All trains are limited to a maximum speed
of 50 mph. The train is further limited to a maximum speed of 40 mph
while that train travels within the limits of high-threat urban areas
(HTUAs) as defined in Sec.  1580.3 of this title, unless all tank cars
containing a Class 3 flammable liquid meet or exceed the DOT
Specification 117 standards, the DOT Specification 117P performance
standards, or the DOT Specification 117R retrofit standards provided in
part 179, subpart D of this subchapter.
    (3) Braking. (i) Each rail carrier operating a high-hazard
flammable train (as defined in Sec.  171.8 of this subchapter)
operating at a speed in excess of 30 mph must ensure the train is
equipped and operated with either a two-way end-of-train (EOT) device,
as defined in 49 CFR 232.5, or a distributed power (DP) system, as
defined in 49 CFR 229.5.
    (ii) By January 1, 2021, each rail carrier operating a high-hazard
flammable unit train (HHFUT) comprised of at least one tank car loaded
with a Packing Group I material, at a speed exceeding 30 mph must
ensure the train is equipped with ECP brakes that meet the requirements
of 49 CFR part 232, subpart G, except for buffer cars, and must be
operated in ECP brake mode as established in 49 CFR part 232, subpart
G.
    (iii) By May 1, 2023, each rail carrier operating a high-hazard
flammable unit train (HHFUT) not described in paragraph (a)(3)(ii) of
this section, at a speed exceeding 30 mph must ensure the train is
equipped with ECP brakes that meet the requirements of 49 CFR part 232,
subpart G, except for buffer cars, and must be operated in ECP brake
mode as established in 49 CFR part 232, subpart G.
    (iv) Each buffer car in an high-hazard flammable unit train that is
not equipped with ECP brakes will be counted in determining the
percentage of cars with effective and operative brakes during the
operation of the train, as required under 49 CFR 232.609.
    (v) Alternate brake systems may be submitted for approval through
the processes and procedures outlined in 49 CFR part 232, subpart F.
    (4) New tank cars. After October 1, 2015, tank cars manufactured
for use in a HHFT must meet:
    (i) DOT Specification 117, or 117P performance standard in part
179, subpart D of this subchapter; or
    (ii) An authorized tank specification as specified in part 173,
subpart F of this subchapter.
    (5) Retrofit reporting Owners of non-jacketed DOT-111 tank cars in
PG I service in an HHFT, who are unable to meet the January 1, 2017,
retrofit deadline specified in Sec.  173.243 (a)(1) are required to
submit a report by March 1, 2017, to Department of Transportation. A
group representing owners may submit a consolidated report to the
Department of Transportation in lieu of individual reports from each
tank car owner. The report must include the following information
regarding the retrofitting progress:
    (i) The total number of tank cars retrofitted to meet the DOT-117R
specification;
    (ii) The total number of tank cars built or retrofitted to meet the
DOT-117P specification;
    (iii) The total number of DOT-111 tank cars (including those built
to CPC-1232 industry standard) that have not been modified;
    (iv) The total number of tank cars built to meet the DOT-117
specification; and
    (v) The total number of tank cars built or retrofitted to a DOT-
117, 117R or 117P specification that are ECP brake ready or ECP brake
equipped.
    (vi) Entities required to submit a report under this paragraph
shall submit subsequent follow-up reports containing the information
identified in this paragraph within 60 days of being notified by PHMSA
and FRA.
    (b) [Reserved]

PART 179--SPECIFICATIONS FOR TANK CARS

0
13. The authority citation for part 179 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

Subpart D-Specifications for Non-Pressure Tank Car Tanks (Classes
DOT-111AW, 115AW, and 117AW)

0
14. The heading for subpart D is revised to read as set forth above.

0
15. The heading for Sec.  179.200 is revised to read as follows:

Sec.  179.200  General specifications applicable to non-pressure tank
car tanks (Class DOT-111, DOT-117).

* * * * *
0
16. The heading for Sec.  179.200-1 is revised to read as follows:

Sec.  179.200-1  Tank built under these specifications must meet the
applicable requirements in this part.

* * * * *

0
17. Sections 179.202 and 179.202-1 are added to read as follows:

Sec.  179.202  Individual specification requirements applicable to DOT-
117 tank car tanks.

Sec.  179.202-1  Applicability.

    Each tank built under these specifications must conform to the
general requirements of Sec.  179.200 and the prescriptive standards in
Sec. Sec.  179.202-1 through 179.202-11, or the performance standard
requirements of Sec.  179.202-12.

0
18. Sections 179.202-3 through Sec.  179.202-13 are added to read as
follows:

Sec.  179.202-3  Approval to operate at 286,000 gross rail load (GRL).

    A tank car may be loaded to a gross weight on rail of up to 286,000
pounds (129,727 kg) upon approval by the Associate Administrator for
Safety, Federal Railroad Administration (FRA). See Sec.  179.13.

Sec.  179.202-4  Thickness of plates.

    The wall thickness after the forming of the tank shell and heads
must be, at a minimum, 9/16 of an inch AAR TC-128 Grade B, normalized
steel, in accordance with Sec.  179.200-7(b).

Sec.  179.202-5  Tank head puncture resistance system.

    The DOT-117 specification tank car must have a tank head puncture
resistance system in conformance with Sec.  179.16(c). The full height
head shields must have a minimum thickness of \1/2\ inch.

Sec.  179.202-6  Thermal protection system.

    The DOT-117 specification tank car must have a thermal protection
system. The thermal protection system must conform to Sec.  179.18 and
include a reclosing pressure relief device in accordance with Sec.
173.31 of this subchapter.

Sec.  179.202-7  Jackets.

    The entire thermal protection system must be covered with a metal
jacket of a thickness not less than 11 gauge A1011 steel or equivalent;
and flashed around all openings so as to be weather tight. A protective
coating must be applied to the exterior surface of a carbon steel tank
and the inside surface of a carbon steel jacket.

Sec.  179.202-8  Bottom outlets.

    If the tank car is equipped with a bottom outlet, the handle must
be removed prior to train movement or be designed with protection
safety system(s) to prevent unintended actuation during train accident
scenarios.

Sec.  179.202-9  Top fittings protection.

    The tank car tank must be equipped with top fittings protection
conforming to AAR Specifications for Tank Cars, appendix E paragraph
10.2.1 (IBR, see Sec.  171.7 of this subchapter).

Sec.  179.102-10  ECP brakes.

    (a) By January 1, 2021, each rail carrier operating a high-hazard
flammable unit train as defined in Sec.  171.8, comprised of at least
one tank car loaded with a Packing Group I material must ensure the
train meets the ECP braking capability requirements as prescribed in
Sec.  174.310 of this subchapter.
    (b) By May 1, 2023, each rail carrier operating a high-hazard
flammable unit train as defined in Sec.  171.8, not described in
paragraph (a) of this section must ensure the train meets the ECP
braking capability requirements as prescribed in Sec.  174.310 of this
subchapter.
    (c) Alternate brake systems may be submitted for approval through
the processes and procedures outlined in 49 CFR part 232, subpart F.

Sec.  179.202-11  Individual specification requirements.

    In addition to Sec.  179.200, the individual specification
requirements are as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Minimum plate
            DOT specification                       Insulation               Bursting        thickness      Test pressure           Bottom outlet
                                                                         pressure (psig)      (Inches)          (psig)
--------------------------------------------------------------------------------------------------------------------------------------------------------
117A100W.................................  Optional....................             500             9/16              100   Optional.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  179.202-12  Performance standard requirements.

    (a) Approval. Design, testing, and modeling results must be
reviewed and approved by the Associate Administrator for Railroad
Safety/Chief Safety Officer, Federal Railroad Administration (FRA),
1200 New Jersey Ave. SE., Washington, DC 20590.
    (b) Approval to operate at 286,000 gross rail load (GRL). In
addition to the requirements of paragraph (a) of this section, a tank
car may be loaded to a gross weight on rail of up to 286,000 pounds
(129,727 kg) upon approval by the Associate Administrator for Safety,
Federal Railroad Administration (FRA). See Sec.  179.13.
    (c) Puncture resistance. (1) Minimum side impact speed: 12 mph when
impacted at the longitudinal and vertical center of the shell by a
rigid 12-inch by 12-inch indenter with a weight of 286,000 pounds.
    (2) Minimum head impact speed: 18 mph when impacted at the center
of the head by a rigid 12-inch by 12-inch indenter with a weight of
286,000 pounds.
    (d) Thermal protection systems. The tank car must be equipped with
a thermal protection system. The thermal protection system must be
equivalent to the performance standard prescribed in Sec.  179.18 and
include a reclosing pressure relief device in accordance with Sec.
173.31 of this subchapter.
    (e) Bottom outlet. If the tank car is equipped with a bottom
outlet, the handle must be removed prior to train movement or be
designed with protection safety system(s) to prevent unintended
actuation during train accident scenarios.
    (f) Top fittings protection. The tank car tank must be equipped
with top fittings protection conforming to AAR Specifications for Tank
Cars, appendix E paragraph 10.2.1 (IBR, see Sec.  171.7 of this
subchapter).

    (g) ECP brakes. (1) By January 1, 2021, each rail carrier operating
a high-hazard flammable unit train as defined in Sec.  171.8, comprised
of at least one tank car loaded with a Packing Group I material must
ensure the train meets the ECP braking capability requirements as
prescribed in Sec.  174.310 of this subchapter.
    (2) By May 1, 2023, each rail carrier operating a high-hazard
flammable unit train as defined in Sec.  171.8, not described in
paragraph (g)(1) of this section must ensure the train meets the ECP
braking capability requirements as prescribed in Sec.  174.310 of this
subchapter.
    (3) Alternate brake systems may be submitted for approval through
the processes and procedures outlined in 49 CFR part 232, subpart F.

Sec.  179.202-13  Retrofit standard requirements (DOT-117R).

    (a) Applicability. Each tank retrofit under these specifications
must conform to the general requirements of Sec.  179.200 and the
prescriptive standards in Sec.  179.202-13, or the performance standard
requirements of Sec.  179.202-12.
    (b) Approval to operate at 286,000 gross rail load (GRL). A tank
car may be loaded to a gross weight on rail of up to 286,000 pounds
(129,727 kg) upon approval by the Associate Administrator for Safety,
Federal Railroad Administration (FRA). See Sec.  179.13.
    (c) Thickness of plates. The wall thickness after forming of the
tank shell and heads must be, at a minimum, 7/16 of an inch, and
constructed with steel authorized by the HMR at the time of
construction.
    (d) Tank head puncture resistance system. The DOT-117R
specification tank car must have a tank head puncture resistance system
in conformance with Sec.  179.16(c). The full height head shields must
have a minimum thickness of \1/2\ inch.
    (e) Thermal protection system. The DOT-117R specification tank car
must have a thermal protection system. The thermal protection system
must conform to Sec.  179.18 and include a reclosing pressure relief
device in accordance with Sec.  173.31 of this subchapter.
    (f) Jackets. The entire thermal protection system must be covered
with a metal jacket of a thickness not less than 11 gauge A1011 steel
or equivalent; and flashed around all openings so as to be weather
tight. The exterior surface of a carbon steel tank and the inside
surface of a carbon steel jacket must be given a protective coating.
    (g) Bottom outlets. If the tank car is equipped with a bottom
outlet, the handle must be removed prior to train movement or be
designed with protection safety system(s) to prevent unintended
actuation during train accident scenarios.
    (h) Top fittings protection. Existing tank car tanks may continue
to rely on the equipment installed at the time of manufacture.
    (i) ECP brakes. (1) By January 1, 2021, each rail carrier operating
a high-hazard flammable unit train as defined in Sec.  171.8, comprised
of at least one tank car loaded with a Packing Group I material must
ensure the train meets the ECP braking capability requirements as
prescribed in Sec.  174.310 of this subchapter.
    (2) By May 1, 2023, each rail carrier operating a high-hazard
flammable unit train as defined in Sec.  171.8, not described in
paragraph (i)(1) of this section must ensure the train meets the ECP
braking capability requirements as prescribed in Sec.  174.310 of this
subchapter.
    (3) Alternate brake systems may be submitted for approval through
the processes and procedures outlined in 49 CFR part 232, subpart F.

    Issued in Washington, DC on May 1, 2015, under the authority of
49 U.S.C. 5103(b).
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2015-10670 Filed 5-7-15; 8:45 am]
 BILLING CODE 4910-60-P


wrap fee programs must provide to each of their wrap fee program
clients. [Used in: Part 2, General Instructions; Used throughout Part
2A, Appendix 1]
    65. Wrap Fee Program: Any advisory program under which a specified
fee or fees not based directly upon transactions in a client's account
is charged for investment advisory services (which may include
portfolio management or advice concerning the selection of other
investment advisers) and the execution of client transactions. [Used
in: Part 1, Item 5; Schedule D; Part 2A, Instructions, Item 4, used
throughout Appendix 1; Part 2B, Instructions]

    By the Commission.

    Dated: December 22, 2020.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2020-28868 Filed 3-4-21; 8:45 am]
BILLING CODE 8011-01-P