[Federal Register: August 13, 2007 (Volume 72, Number 155)]
[Notices]
[Page 45288-45290]
[DOCID:fr13au07-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56204; File No. SR-NASDAQ-2007-070]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Certain FINRA Rules Relating to Trading Halts and Disclosure of
Disciplinary Information

August 3, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 3, 2007, The NASDAQ Stock Market LLC (``Nasdaq''), filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I and II below, which Items have been
substantially prepared by Nasdaq.

Nasdaq has designated the proposed rule change as one constituting a
non-controversial rule change under Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes this rule change to add several rules, based on
Financial Industry Regulatory Authority, Inc. (``FINRA'') rules, that
were inadvertently omitted from the Nasdaq rulebook when Nasdaq became
a national securities exchange.
    The text of the proposed rule change is available on Nasdaq's Web
site at http://www.nasdaq.com, at Nasdaq's principal office, and at the

Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    To ensure that FINRA members did not incur significant regulatory
burdens as a result of Nasdaq separating from FINRA and registering as
a national securities exchange, Nasdaq based its rules governing
regulatory standards and disciplinary processes on FINRA rules, to a
significant extent. Over the past few months, however, it has come to
Nasdaq's attention that several FINRA rules that arguably should have
been copied into the Nasdaq rulebook were inadvertently omitted during
the exchange registration process. Nasdaq believes that adding these
rules will enhance Nasdaq's regulatory programs and enhance FINRA's
ability to serve as Nasdaq's regulatory services provider under NASD
Regulation's regulatory services agreement with Nasdaq.\5\
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    \5\ Notwithstanding the fact that Nasdaq has entered into a
regulatory services agreement with NASD Regulation to perform some
of Nasdaq's functions, Nasdaq retains ultimate legal responsibility
for, and control of, such functions.
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    Accordingly, Nasdaq is adding new Rule 3340, which explicitly
prohibits Nasdaq members and their associated persons from trading
during a trading halt. The rule is written broadly to cover effecting
transactions or publishing quotations, priced bids and/or offers,
unpriced indications of interest, or bids or offers accompanied by a
modifier to reflect unsolicited customer interest, in securities,
single stock futures, and futures on narrow indexes that could be used
as proxies for trading in the halted stock. Although Nasdaq believes
that violations of a trading halt by a Nasdaq member could currently be
addressed as violations of Rule 2110, which mandates high standards of
commercial honor and just and equitable principles of trade, adding the
rule to its rulebook will provide added clarity with regard to the
requirement.
    Second, Nasdaq is adopting IM-8310-3, which provides for release of
disciplinary complaints, decisions and other information regarding
Nasdaq members and their associated persons.\6\ The Rule is drafted to
be administered by Nasdaq Regulation, which under Rule 8001, is defined
to include FINRA staff, NASD Regulation staff, and FINRA departments
acting on Nasdaq's behalf pursuant to Nasdaq's regulatory services
agreement.\7\ Nasdaq's rule would empower its Chief Regulatory Officer
to make certain determinations regarding the scope of disclosure; the
comparable FINRA rule looks to the NASD Regulation Board of Directors
or the President of FINRA Regulatory Policy and Oversight to make
comparable decisions. In all other material respects, however, Nasdaq's
IM-8310-3 will be substantively similar to FINRA's comparable
Interpretive Material.
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    \6\ Among other things, the Interpretive Material contains
descriptions of when particular decisions become effective. In this
regard, the Interpretive Material is merely describing the
parameters otherwise established in the 9000 Series of the Nasdaq
Rules. Accordingly, Nasdaq believes that including the descriptions
in the Interpretive Material enhances its clarity.
    \7\ Nasdaq will amend its entire rulebook at a later date to
replace references to NASD with references to FINRA.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of section 6 of the Act,\8\ in general, and with
sections 6(b)(5) of the Act,\9\ in particular, in that the proposal is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
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    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received with respect
to the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
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    Nasdaq has requested that the Commission waive the 30-day pre-
operative period for ``non-controversial'' proposals because it adopts
rules that are already part of FINRA rules, and the waiver will allow
FINRA to process disciplinary matters as Nasdaq's regulatory services
provider in accordance with the disclosure standards provided in IM-
8310-3 without delay. In light of the foregoing, the Commission
believes that waiver of the 30-day operative delay is consistent with
the protection of investors and the public interest. Accordingly, the
Commission has determined to waive the operative delay, and the
proposed rule change has become effective pursuant to section
19(b)(3)(A) of the

Act,\12\ and Rule 19b-4(f)(6) thereunder,\13\ with no operative
delay.\14\
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2007-070 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F.
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2007-070. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F. Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2007-070 and should
be submitted on or before September 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-15757 Filed 8-10-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Rules and Regulations]
[Pages 14027-14029]
[FR Doc No: 2015-06213]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Chapter II

[Railworthiness Directive, Notice No. 1]

Railworthiness Directive for Railroad Tank Cars Equipped With
Certain McKenzie Valve & Machining LLC Valves

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of railworthiness directive.

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SUMMARY: Recent FRA investigations identified several railroad tank
cars transporting hazardous materials and leaking small quantities of
product from the cars' liquid lines. FRA's investigation revealed that
the liquid lines of the leaking tank cars were equipped with a certain
type of 3 ball valve marketed and sold by McKenzie Valve and
Machining (McKenzie) (formerly McKenzie Valve & Machining Company), an
affiliate company of Union Tank Car Company (UTLX). FRA further found
certain closure plugs installed on the 3 valves cause
mechanical damage to the valves, which leads to the destruction of the
valves' seal integrity and that the 3 valves, as well as
similarly-designed 1 and 2 valves provided by
this manufacturer are not approved for use on tank cars. FRA is issuing
this Railworthiness Directive (Directive) to all owners of tank cars
used to transport hazardous materials within the United States to
ensure they identify and appropriately remove and replace these valves
with approved valves consistent with Federal regulations.

DATES: This Directive is effective March 18, 2015. This Directive is
applicable March 13, 2015.

FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous
Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey
Avenue SE., Washington, DC 20590, telephone<PHONE_NUMBER>;
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Recent FRA investigations identified several
DOT Specification 111 railroad tank cars transporting hazardous
materials and leaking small quantities of product.\1\ One instance
occurred during the week of January 11, 2015, and involved a train of
100 tank cars loaded with crude oil being transported by BNSF Railway
(BNSF) from Tioga, ND, to a refinery in Anacortes, WA. BNSF discovered
14 tank cars leaking crude oil en route and in accordance with the
applicable regulations, notified FRA of the releases. Upon discovery of
the defective condition of these cars, BNSF removed the cars from the
train (at Hauser, ID; Vancouver and Auburn, WA, respectively). When the
train arrived at its final destination in Anacortes, the consignee,
Tesoro Refining, discovered two additional cars leaking product. In
all, BNSF and Tesoro identified 16 leaking tank cars from the original
train consist.
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    \1\ DOT Specification 111 tank cars are general purpose,
nonpressure railroad tank cars commonly used to transport a variety
of regulated hazardous materials, as well as nonregulated
commodities. In 2011, through issuance of Casualty Prevention
Circular 1232, the Association of American Railroads (AAR) adopted
an industry standard intended to improve the crashworthiness of DOT
Specification 111 tank cars used in crude oil and ethanol service.
These cars, known as CPC 1232 cars, include a thicker shell, head
protection, top fittings protection, and relief valves with a
greater flow capacity as compared to baseline DOT Specification 111
cars. The leaking tank cars identified in this Directive include
both a baseline DOT 111 Specification car and CPC-1232 cars.
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    On January 15, 2015, FRA inspected seven of the identified leaking
tank cars that BNSF removed from the train in Vancouver. The FRA
inspector observed crude oil on the sides of each of these cars, and
upon inspection of each tank car's top fittings, found product leaking
from the liquid line ball valves and around each valve's closure plug.
FRA also found the standalone closure plugs in each of these valves
loose. Further inspection revealed that the valve balls had visual
signs of mechanical damage. The mechanical damage FRA observed
indicated that the bottom face of the closure plug came in contact with
the valve ball, consequentially preventing complete engagement of the
closure plug.
    A second instance involved a single tank car loaded with mineral
spirits (a Class 3 flammable liquid) found leaking on January 15, 2015,
in a BNSF yard in Denver, CO. FRA's preliminary investigation shows
that the leak occurred through the liquid line valve

while the car was en route to its destination.
    UTLX owns all 17 of the cars found leaking as described above. Each
of the leaking cars was configured with liquid line ball valves sold by
UTLX's affiliate, McKenzie, and each valve was configured with a
3 standalone plug as a closure. FRA identified the leaking
valves as 3 McKenzie UNNR threaded ball valves (McKenzie
valves).
    McKenzie provided FRA several valve configuration drawings
indicating that the valve was a full port valve. This configuration
requires a 3 x 2 reducer bushing with a
2 plug to prevent contact between the closure plug and the
valve ball. McKenzie also informed FRA that it markets and sells the
same design of valve in 1 and 2 models. For the
2 valve, McKenzie specified the use of a 1 plug
and an appropriately sized reducer.
    At FRA's request, UTLX provided FRA drawings of the top fittings
arrangements for these cars. However, unlike the drawings provided by
McKenzie, the UTLX drawings provided by UTLX did not include a full
port valve with a reducer bushing. Instead, consistent with the
physical configuration of the tank cars FRA inspected, the drawings
showed a full port threaded valve along with a 3 plug and
chain.
    On January 27, 2015, FRA conducted field testing of the McKenzie
valves at UTLX's Altoona, PA, tank car repair facility. FRA tested new
1, 2, and 3 McKenzie valves at the
facility's valve shop. The field testing included two cycles of
application and removal of each valve's plug. FRA found that the
1 and 2 McKenzie valves showed no signs of
contact between the valve ball when a 1 or 2
closure plug was installed and tightened. However, when a 3
closure plug was applied and tightened in the 3 McKenzie
valve, the plug contacted and damaged the ball. The damage observed
during this testing was consistent with the type of damage observed on
the leaking UTLX tank cars described above.
    FRA's field testing further found that the application of downward
force on the valve ball applied by the 3 plug resulted in
the over-compression, damage, and misalignment of the inboard seal,
causing the valve to leak. FRA also observed that once a valve's ball
is damaged, when the valve is subsequently opened, the damaged surface
of the ball also damaged the valve's top seals by tearing the seals.
This further compromises the valve's seal. Additionally, FRA
understands that with repeated opening and closing (exemplifying in-
service use), the valve's threads will degrade, necessitating further
engagement of the threads during subsequent applications of the plug.
This continual degradation of the threads will require increasingly
more tightening of the plug, exacerbating the damage to the ball and
seals. In summary, FRA found that normal application and tightening of
the 3 plug in a 3 McKenzie valve destroys the
valve seal integrity.
    FRA conducted a followup investigation at the UTLX facility in
Altoona to perform a leak test of the 3 McKenzie valve that
was field tested and damaged on January 27, 2015. Although the designed
leak-free working pressure of this valve is up to 500 pounds per square
inch (psi), the leak test procedure requires that the valve hold a
minimum pressure of 30 psi. The subject McKenzie valve failed to retain
the minimum 30 psi of compressed air test pressure. The valve showed
signs of a significant leak.
    As required by Title 49 Code of Federal Regulations (CFR) 179.100-
13 and 179.200-16 of the Federal Hazardous Materials Regulations (49
CFR parts 171-180; (HMR)), all valves applied to tanks cars must be of
an approved design. The term ``approved is defined in 49 CFR
179.2 as ``approved by the [AAR] Tank Car Committee.'' \2\
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    \2\ As background, the Tank Car Committee is composed of various
railroad industry representatives, including railroads, tank car
shipper and owner organizations, tank car builders, and chemical and
industry associations. FRA and the DOT's Pipeline and Hazardous
Materials Safety Administration also participate in the Tank Car
Committee's processes. The Tank Car Committee has traditionally been
the body with the expertise to develop tank car design,
construction, and maintenance standards in this country. DOT sets
minimum tank car specifications at 49 CFR part 179, and AAR approves
designs meeting the requirements of part 179.
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    McKenzie provided FRA with the Association of American Railroads
(AAR) approval letters for the McKenzie valves. While McKenzie may have
believed these approvals were sufficient, the provided AAR approvals
demonstrate clear inconsistencies between the type of valve design that
AAR approved versus the design of the valve actually being used and the
design depicted on the valve configuration drawings both McKenzie and
UTLX provided to FRA. AAR Approval E-077035 (October 26, 2007) is a
renewal of previous AAR approvals,\3\ and describes a 3
standard port threaded ball valve. The original approvals that AAR
renewed described and referred to UTLX Drawing 72916, which depicts a
3 standard port threaded ball valve. In contrast, the
3 McKenzie valve at issue is a full port ball valve. A full
port valve is different from a standard port valve.\4\ The dimensions
of the valve body that AAR approved is significantly longer than the
bodies of the valves depicted on the McKenzie drawings and the bodies
of the valves actually installed on the leaking tank cars. McKenzie
also provided a copy of a September 29, 2008, application for approval
of a 3 threaded full port valve (AAR application number E-
087016), but neither McKenzie nor AAR have provided evidence of that
valve's subsequent approval.
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    \3\ AAR Approval E-977030 (April 9, 1997). AAR Approval E-977030
was a renewal of AAR Approval E-897047 (June 21, 1989), which also
referred to UTLX Drawing 72916.
    \4\ The difference between a full port and standard port ball
valve is the size of the ball's bore diameter as related to nominal
pipe sizes, with the ball size being in proportion to the bore size
diameter. The bore size in a full port valve is that of its nominal
pipe size, where the bore size in a standard port valve is that of
the next smallest nominal pipe size. For example, the bore diameter
for a 3 standard port ball valve is approximately
2.25, or one pipe size smaller, and for a full port ball
valve, the bore diameter is approximately 3 in diameter
(the actual size of the pipe).
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    McKenzie provided information to FRA indicating that from 2009
through the present, it sold approximately 11,200 of the 3
valves to a variety of tank car owners and tank car facilities.
McKenzie indicates that since 2012, its sales of these valves were
predominantly to replace in-kind valves previously installed on
existing tank cars. Further, McKenzie informed FRA that as of January
26, 2015, the company has stopped selling the 3 valves as a
result of the noted safety concerns. Overall, McKenzie and UTLX
provided information leading FRA to conclude that approximately 6,000
DOT Specification railroad tank cars are equipped with the unapproved
3 McKenzie UNNR valves. In addition, McKenzie indicates that
it has sold over 37,000 1 and 2 valves to a
variety of tank car owners and tank car facilities.
    To date, FRA has identified only a small number of relatively minor
hazardous materials leaks directly attributable to the identified
McKenzie valves. FRA believes that the number of leaks potentially
attributable to the identified McKenzie valves used in tank car liquid
lines could be much higher. Based on FRA's field testing, the
3 McKenzie valve appears to present an immediate safety
issue in certain circumstances. While the 1 and 2
McKenzie valves do not appear to present similar concerns, based on the
information that AAR, McKenzie, and UTLX have provided to date, it does
not appear that any size of the McKenzie valves (i.e., the
1, 2, or 3 UNNR valves) are currently
approved for use

on railroad tank cars. Accordingly, use of such valves on tank cars is
in violation of the HMR. At this time, FRA is not aware of any non-
accident releases or other releases from railroad tank cars involving
the 1 or 2 McKenzie valves, but since the valves
have not been approved by AAR they have not been shown to be safe for
use on railroad tank cars.
    McKenzie and UTLX have taken independent actions to address some of
the safety concerns with the 3 valves. However, FRA believes
those actions fail to adequately address the safety issue the valves
present.
    Railworthiness Directive: Based on the above discussion, and acting
under the authority granted in 49 CFR 180.509(b)(4), FRA finds that the
continued use of railroad tank cars equipped with the unapproved
McKenzie UNNR threaded ball valves (including the 1,
2, and 3 UNNR valves) to transport hazardous
materials by rail in the United States presents an unsafe operating
condition. The use of such tank cars equipped with these valves could
result in the release of hazardous materials. Further, the use of tank
cars equipped with these McKenzie valves used to transport hazardous
materials in the United States violates the requirements of the HMR.
FRA is issuing this directive to ensure public safety, ensure
compliance with the applicable Federal regulations governing the safe
movement of hazardous materials by rail, and restore the railworthiness
of all tank cars equipped with the above-described McKenzie valves.
    Upon the applicability date of this Directive, any railroad tank
car equipped with an unapproved McKenzie UNNR threaded ball valve
(McKenzie valve) is prohibited from being loaded with any hazardous
material described in 49 CFR 172.101 and offered into transportation
until the requirements listed below are met. Tank car owners \5\ of
tank cars equipped with McKenzie valves must:
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    \5\ The term ``tank car owners'' is as defined in 49 CFR
180.503.
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    (1) Identify the railroad tank cars in their fleet equipped with
any McKenzie valve.
    (2) Provide to FRA: (a) The reporting mark and number of each car
equipped with any McKenzie valve; and (b) the type of valve each car is
equipped with.
    (3) Create and maintain for a minimum of 6 months from the
applicability date of this directive a record of the inspection of each
McKenzie valve. The record must include, at a minimum, the inspection
date and location, as well as the results of the inspection (i.e.,
whether the valve was removed or not). The record must be made
available to FRA for inspection upon request.
    (4) Immediately inspect the 3 McKenzie valves on each
affected car. If any valve is configured with a 3 standalone
plug, ensure that the car is not loaded and offered into transportation
until that valve is replaced with an approved valve consistent with 49
CFR part 179. In addition, any tank car equipped with an unapproved
3 McKenzie valve is prohibited from being offered into
transportation (whether loaded or residue) after May 12, 2015.
    (5) Immediately inspect the 1 and 2 McKenzie
valves on each affected car. If any valve shows evidence of mechanical
damage, ensure that the car is not loaded and offered into
transportation until that valve is replaced with an approved valve
consistent with 49 CFR part 179. Even if a valve is not damaged, a tank
car equipped with an unapproved 1 or 2 McKenzie
valve is prohibited from being offered into transportation (whether
loaded or residue) after June 11, 2015.
    (6) Ensure that each unapproved McKenzie valve is removed and
replaced by an entity permitted to perform such work in accordance with
49 CFR part 179.
    (7) Ensure the valve application is properly qualified as required
by subpart F of 49 CFR part 180.
    After tank car owners have inspected and/or replaced the unapproved
valves on each affected tank car as required above, and have provided
the necessary information regarding that car to FRA, tank car owners
may load the cars with hazardous materials and offer those cars for
transportation. Alternatively, if upon an adequate showing
demonstrating the safety of the 1 and 2 valves,
McKenzie obtains AAR's approval for the use of those valves on DOT
Specification 111 tank cars, cars equipped with these 1 or
2 McKenzie valves may be returned to hazardous materials
service.
    Tank car owners must send the information required to be submitted
to FRA under this Directive to:
    Mr. Randy M. Keltz, Jr., Tank Car Quality Assurance Specialist,
Office of Railroad Safety, Federal Railroad Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590, Telephone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    Regardless of any entity's compliance with this directive, FRA
reserves the right to seek civil penalties or to take any other
appropriate enforcement action for violations of the HMR that have
occurred. FRA will be conducting an investigation to ensure that all
tank cars equipped with the valves in question are identified and
repaired consistent with the requirements of this Directive.

    Issued in Washington, DC, on March 13, 2015.
Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2015-06213 Filed 3-17-15; 8:45 am]
 BILLING CODE 4910-06-P


Facility and emissions data HAP emissions from Toxics Release Inventory ( TRI)

Facility name and location Address City State Zip Ethyl benzene Ethylene glycol Glycol ethers Methyl ethyl ketone Methyl isobutyl ketone Naphthalene Styrene Toluene 1,2,4 Trimethylbenzene Xylenes Cobalt Cobalt compounds Quantegy Inc. 2230 Marvyn Parkway Opelika AL #### 42,710 lbs fugitive; 14,766 lbs stack 32 lbs fugitive 28,605 lbs fugitive; 9,880 lbs stack 5 lbs stack JVC Magnetics America Co. # 1 JVC Road Tuscaloosa AL #### 167,458 lbs fugitive 109,759 lbs fugitive Sony Magnetics Products Inc. of America 4275 W. Main Street Dothan AL #### 375,300 lbs fugitive; 4,880 lbs stack 90,900 lbs fugitive; 1,200 lbs stack 1,150 lbs fugitive 250 lbs fugitive BASF Corp. Decatur Coatings Facility 152 Ipsco Street Decatur AL #### 6,819 lbs fugitive; 290 lbs stack 1,042 lbs fugitive 17,116 lbs fugitive 2,690 lbs fugitive, 90 lbs stack 1,671 lbs fugitive; 90 lbs stack 13,951 lbs fugitive 7,052 lbs fugitive; 290 lbs stack 14,097 lbs fugitive 19,318 lbs fugitive; 290 lbs stack Note: HAP emissions are from the 2000 TRI.