service equipment.
                                                              Defects......................  Added to eliminate industry confusion.
                                                              Design level of reliability    Minor edits.
                                                               and safety.
                                                              Inspection and test..........  Added to aid industry compliance.
                                                              Interior heating system......  No change.
                                                              Lining/Coating owner.........  Changed to ``Coating/lining owner.'' Minor edits.
                                                              Maintenance..................  Minor edits.

                                                              Modification.................  Added to aid industry compliance.
                                                              Objectively reasonable and     Added to explain the use of this term in Sec.
                                                               articulable belief.            180.509(b)(4).
                                                              Qualification................  First sentence states what the term means instead of how to
                                                                                achieve it. Second sentence (essentially unchanged) states
                                                                                how to achieve qualification and emphasizes that
                                                                                ``qualification'' requires a representation that the
                                                                                process has been completed successfully. The table that
                                                                                referenced the qualifying tests and inspections has been
                                                                                removed.
                                                              Railworthy, Railworthiness...  Explains the term. When FRA requires a recall of a tank car
                                                                                or series of tank cars it issues a ``Railworthiness
                                                                                Directive.'' It is revised to include that the tank car
                                                                                must conform to the HMR, and is otherwise suitable for
                                                                                continued service''
                                                              Reactive to the tank or        Adds reactivity language based on Sec.   173.24(b)(2) and
                                                               service equipment.             (3).
                                                              Reinforced tank shell butt     No change.
                                                               weld.
                                                              Reinforcing pad..............  The word ``plate'' was changed to ``pad'' to be consistent
                                                                                with Sec.  Sec.   179.100-16 and 179.200-19. No change to
                                                                                the definition.
                                                              Reliability..................  No change.
                                                              Representation...............  Reworded.
                                                              Safety system................  Minor edits.
                                                              Service equipment............  Minor edits.
                                                              Service equipment owner......  Added to clarify the party responsible and to accommodate a
                                                                                growing trend in the industry that the owner of the car
                                                                                may or may not own the service equipment.
                                                              Tank car owner...............  This is a codification of previous FRA interpretations and
                                                                                statements.
                                                              Tank car tank................  Added to aid industry compliance.
                                                              Top shell....................  Not added. This definition already exists in Sec.   171.8.
3..................  180.507................................  Paragraph (b)(2).............  Removed.
                                                              Paragraph (b)(5).............  This TCQ-1 paragraph is omitted but language is used from
                                                                                existing Sec.   180.507(b)(5).
4..................  180.509................................  Paragraph (a)(4).............  Added last sentence to ameliorate a concern from tank car
                                                                                owners that modifications have been made to their cars
                                                                                without their knowledge; minor edits.
                                                              Paragraph (b)(4).............  Replaced ``probable cause'' with the wording ``objectively
                                                                                reasonable and articulable belief'' because the former is
                                                                                a term of art in criminal law and is also used in FRA drug
                                                                                and alcohol regulations. The intent of Sec.
                                                                                180.509(b)(4) is to create a less-stringent standard than
                                                                                that of an emergency order, but rigorous enough to compel
                                                                                a tank car owner to re-inspect and repair, if necessary,
                                                                                tank cars considered potential hazards irrespective of
                                                                                their periodic test and inspection requirements.
                                                              Paragraph (c)(3).............  Minor edits.
                                                              Paragraph (d)................  Minor edits.
                                                              Paragraph (d)(2).............  Added last sentence for clarity.
                                                              Paragraph (d)(3).............  Added ``Corrosion'' as specific element for inspection.
                                                              Paragraph (d)(5).............  To insure inclusiveness, added ``all closures'' as
                                                                                substitute for specific item names.
                                                              Paragraph (d)(6).............  Dropped ``operability'' test of excess flow valves because
                                                                                it is not a practical test and a successful result might
                                                                                damage the excess valve seat and preclude seating in a
                                                                                future event.
                                                              Paragraph (e)(1).............  Replace ``high-stressed structural elements'' with the
                                                                                simpler words ``structural elements.''
                                                              Paragraph (f)(1).............  Added the responsibility of the tank car owner for clarity.
                                                              Paragraph (f)(4).............  Added a general prohibition against operating overly thin
                                                                                tank cars; this responsibility is changed from putting it
                                                                                solely on tank car owners who often have no control over
                                                                                the day to day movements of their tank cars.
                                                              Paragraph (g)................  Minor edits; removes the language that implies only a
                                                                                ``qualified individual'' could find a thin tank car and
                                                                                invoke the restrictions in this paragraph.
                                                              Paragraph (h)................  No change.
                                                              Paragraph (i)................  Minor edits; adds requirement for shippers to visually
                                                                                inspect and ensure, as required under Sec.   173.31(d)(1),
                                                                                that tank car coatings/linings are compatible with their
                                                                                material.
                                                              Paragraph (j)................  Minor edits; Replaced the wording ``after reassembly of a
                                                                                tank car'' from Part 180, Subpart F, and ``installed on
                                                                                the tank car'' with ``installed, replaced, or reinstalled
                                                                                on the tank car.''
                                                              Paragraph (l)................  Minor edits.
                                                              Paragraph (m)................  After 12/2010 the requirements of paragraph (m) should have
                                                                                been fulfilled. There may be late tank cars or tank cars
                                                                                with extended alternate inspection intervals; therefore,
                                                                                this provision will be retained for an additional 5-10
                                                                                years.
5..................  180.511................................  .............................  Added minor edits; included those in Part 180, Subpart F,
                                                                                to capture requirements for qualifying service equipment.

6..................  180.513................................  Paragraph (a)................  Reworded to encompass the whole AAR Tank Car Manual rather
                                                                                than certain appendices.
                                                              Paragraph (b)................  Added for clarification and as a reminder that tank car or
                                                                                component owners are responsible for verifying compliance
                                                                                with the owner's maintenance instructions.
                                                              Paragraph (c)................  Is the same language as existing paragraph (b) from DOT-SP
                                                                                12095. The last sentence was added for clarification.
7..................  180.515................................  Paragraph (a)................  Added last sentence to clarify the primacy of dates marked
                                                                                in Appendix C of the AAR Tank Car Manual.
8..................  180.517................................  .............................  Revised to clarify that marking or retaining the
                                                                                specification on the tank, either after initial
                                                                                construction in paragraph (a) or subsequent qualification
                                                                                in paragraph (b), is the ``representation'' of
                                                                                ``qualification'' defined in Sec.   180.503.
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. Rulemaking Analyses and Notices

A. Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of 49 U.S.C.
5103(b) which authorizes the Secretary to prescribe regulations for the
safe transportation, including security, of hazardous material in
intrastate, interstate, and foreign commerce. 49 U.S.C. 5117(a)
authorizes the Secretary of Transportation to issue a special permit
from a regulation prescribed in Sec. Sec.  5103(b), 5104, 5110, or 5112
of the Federal Hazardous Materials Transportation Law to a person
transporting, or causing to be transported, hazardous material in a way
that achieves a safety level at least equal to the safety level
required under the law, or consistent with the public interest, if a
required safety level does not exist. This final rule will amend the
regulations incorporating provisions from certain widely used and
longstanding special permits that have established a history of safety
and convert them into regulations for general use.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures

    This final rule is not considered a significant regulatory action
under section 3(f) and was not reviewed by the Office of Management and
Budget (OMB). The final rule is not considered a significant rule under
the Regulatory Policies and Procedures order issued by the Department
of Transportation [44 FR 11034].
    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') require agencies
to regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' In this final rule, PHMSA will amend the HMR by
incorporating alternatives this agency has permitted under widely used
and longstanding special permits with established safety records that
we have determined meet the safety criteria for inclusion in the HMR.
Incorporating these special permits into regulations of general
applicability will provide shippers and carriers with additional
flexibility to comply with established safety requirements, thereby
reducing transportation costs and increasing productivity.
    Some of the provisions in this final rule clarify existing
responsibilities under the HMR, such as provisions incorporated by
reference under the AAR's Specifications for Tank Cars or a shipper's
responsibility to ensure a packaging, in this case a tank car and its
coating or lining, if applicable, is compatible with the material it
contains. Others clarify responsibilities that existed only in the
special permits and are being incorporated into the HMR through this
final rule, such as the TCQ-1 inspection criteria. Still other
provisions in this final rule were added in response to requests from
commenters for safer procedures, clarification, or were revised to
convert them into regulations of general applicability, such as adding:
Requirements that tank car and coating/lining owners develop
requirements for repairs, alterations, etc., and users comply with
these requirements; an industry accepted corrosion rate to the
definition for ``corrosive to the tank or service equipment;'' and,
definitions for user clarity such as the new definitions for
``inspection and test'' and ``tank car tank.'' Because of these
revisions, some members of the hazardous materials rail transportation
industry may be unaware of some of the changes in this final rule and
may experience short-term costs to implement them. However, we believe
these costs will be offset by long-term savings and safety benefits
from using regulations that are less burdensome overall, ensure better
tank car integrity and performance, and provide greater flexibility and
clarity than the provisions currently prescribed in the HMR. Further, a
large majority of tank car owners who are parties to DOT-SP 12095 have
developed written procedures or purchased them from a builder or
management company like Alltranstek. The minority of tank car owners
who choose to not purchase these procedures may experience an expense
developing them. However, they also have the option of approving the
procedures of the tank car facility performing the inspections and/or
repairs; as a result, their costs should be negligible.
    Under Sec.  179.24, the FRA notes that all the tank car builders
are parties to DOT-SP 12905; therefore the work prescribed under Sec.
179.24 is already being performed and the 30-day effective date also
prescribed in this requirement is probably not necessary.
    With regard to Sec.  180.509(g), the FRA notes that there are
approximately 370 DOT Class 115 specification tank cars in existence,
based on 2010 numbers, and this is a very small percentage of the
entire tank car fleet. Further, the FRA states these tank cars are
hydrostatically tested in lieu of the structural integrity test, and
there is little cost difference between these tests. The FRA also
states we cannot know all the acceptance criteria currently used to
inspect and test service equipment under Sec.  180.511(h), so the costs
associated with these tasks are difficult to quantify, but the FRA
believes those facilities that were pressure testing the valve rather
than ``disassembling and inspecting'' may experience a cost increase of
$100.00 to $200.00, which may be considerable, to perform the latter
type of inspection. In addition, the FRA states a valve rebuild,
depending on its condition, could also increase costs

along with the rate of valve replacement.
    Under Sec.  180.509, depending on the work required, the FRA notes
most work performed on DOT specification tank cars and tank cars
transporting regulated commodities must be done by registered or
certified facilities. Also, the HMR cover work that must be performed
by registered or certified facilities. As a result, the FRA has
determined distinguishing between work performed at registered or
certified facilities and those facilities that do not have either one
of these designations would result in little, if any, cost
implications.
    Under Sec.  180.513, the FRA notes the time needed to perform the
tasks prescribed in the new requirements and their costs may increase a
little initially but should result in tank cars being sent to approved
facilities over time. Historically, the FRA has found work performed on
tank cars at approved facilities has resulted in improvements in their
safe performance. Also, the FRA notes a tank car and its service
equipment must successfully pass the leak test prescribed in Sec.
180.509(j) prior to the release of a tank car from a repair facility.
    Under Sec.  180.515(a), the FRA notes tank car owners must now
ensure the stencils on their cars are accurate to avoid civil penalties
resulting from the discovery of violations during inspections; however,
this provision should result in no additional costs because new
regulations in this final rule require those performing tank car work
that requires stenciling (e.g., alteration, conversion, repair, or
qualification of the owner's equipment) to obtain the tank car owner's
permission before performing that work and to inform the owner of
required test results.
    Under Sec.  180.517(b), the FRA's inspection authority currently
affords its staff access to this information. As a result, the
regulations prescribed for this section should result in no additional
costs.
    The commenters did not discuss environmental impact issues in their
comments. In addition, the provisions in this final rule will reduce
the paperwork burden on industry and this agency caused by continued
renewals of special permits. The provisions of this final rule will
promote the continued safe transportation of hazardous materials while
reducing transportation costs for the industry and administrative costs
for the agency. Therefore, the requirements of Executive Orders 12866
and 13563, and the DOT policies and procedures concerning these orders
have been satisfied.

C. Executive Order 13132

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This
final rule will preempt state, local and Indian tribe requirements but
does not propose any regulation that has substantial direct effects on
the states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of governments. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply. Federal hazardous
material transportation law, 49 U.S.C. 5101, et seq., contains an
express preemption provision (49 U.S.C. 5125(b)) preempting state,
local and Indian tribe requirements on certain covered subjects.
Covered subjects are:
    (1) The designation, description, and classification of hazardous
material;
    (2) The packing, repacking, handling, labeling, marking, and
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents
related to hazardous material and requirements related to the number,
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous material; or
    (5) The designing, manufacturing, fabricating, marking,
maintaining, reconditioning, repairing, or testing of a package,
container or packaging component that is represented, marked,
certified, or sold as qualified for use in transporting hazardous
material in commerce.
    This final rule addresses covered subject items (2), (3), and (5)
and will preempt any State, local, or Indian tribe requirements not
meeting the ``substantively the same'' standard. Federal hazardous
materials transportation law provides at 49 U.S.C. 5125(b)(2) that if
PHMSA issues a regulation concerning any of the covered subjects, PHMSA
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. PHMSA has determined the
effective date of federal preemption be 90 days from publication of a
final rule in this matter in the Federal Register.

D. Executive Order 13175

    This final rule was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not have tribal implications and does not impose substantial
direct compliance costs on Indian tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies

    The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each
agency to analyze regulations and assess their impact on small
businesses and other small entities to determine whether the rule is
expected to have a significant impact on a substantial number of small
entities. This final rule will amend the HMR to incorporate provisions
contained in seven widely used or longstanding railroad special permits
that have an established safety record. Although many of the applicants
may be small businesses or other small entities, PHMSA believes that
the amendments in this final rule will provide wider access to the
regulatory flexibility offered in special permits and eliminate the
need for numerous renewal requests, thus reducing paperwork burdens and
facilitating commerce while maintaining an appropriate level of safety.
Therefore, PHMSA certifies that the provisions of this final rule will
not have a significant economic impact on a substantial number of small
entities.
    This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to promote compliance
with the Regulatory Flexibility Act to ensure that the impacts of final
rules on small entities are properly considered.

F. Paperwork Reduction Act

    PHMSA has approved information collections under OMB Control Number
2137-0051, ``Rulemaking, Special Permits, and Preemption
Requirements,'' OMB Control Number 2137-0557, ``Approvals for Hazardous
Materials,'' and OMB Control Number 2137-0559, ``(Rail Carriers and
Tank Car Requirements) Requirements for Rail Tank Cars--Transportation
of Hazardous Materials by Rail.'' This final rule may result in a
decrease in the annual burden and costs under OMB Control Number 2137-
0051 and an increase in the annual burden and costs under OMB Control
Number 2137-0557 and OMB Control Number 2137-0559 over time due to
amendments to incorporate provisions contained in

certain widely used or longstanding special permits that have an
established safety record.
    Under the Paperwork Reduction Act of 1995, no person is required to
respond to an information collection unless it has been approved by OMB
and displays a valid OMB control number. Section 1320.8(d), title 5,
Code of Federal Regulations requires that PHMSA provide interested
members of the public and affected agencies an opportunity to comment
on information and recordkeeping requests.
    This final rule identifies a revised information collection request
that PHMSA will submit to OMB for approval based on the requirements in
this rule. PHMSA has developed burden estimates to reflect changes in
this final rule. PHMSA estimates that the information collection and
recordkeeping burden as proposed in this rule are as follows:
    OMB Control No. 2137-0051:

Decrease in Annual Number of Respondents: 255
Decrease in Annual Responses: 255
Decrease in Annual Burden Hours: 255
Decrease in Annual Burden Costs: $9,500

    OMB Control No. 2137-0557:

Increase in Annual Number of Respondents: 200
Increase in Annual Responses: 200
Increase in Annual Burden Hours: 50
Increase in Annual Burden Costs: $1,100

    OMB Control No. 2137-0559:

Increase in Annual Number of Respondents: 350
Increase in Annual Responses: 350
Increase in Annual Burden Hours: 525
Increase in Annual Burden Costs: $15,750

G. 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 contained in the heading of
this document may be used to cross-reference this action with the
Unified Agenda.

H. Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.

I. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), and implementing regulations by the Council on
Environmental Quality (40 CFR Part 1500) require Federal agencies to
consider the consequences of Federal actions and prepare a detailed
statement on actions that significantly affect the quality of the human
environment.
    The hazardous materials regulatory system is a risk management
system that is prevention oriented and focused on identifying a hazard
and reducing the probability and quantity of a hazardous materials
release. This rulemaking is concerned with the transportation of
hazardous materials by rail, but is prepared with the understanding
that these materials are often transported by aircraft, vessel, and
highway before or after they are transported by rail. The need for
hazardous materials to support essential services means transportation
of highly hazardous materials is unavoidable. However, these shipments
frequently move through densely populated or environmentally sensitive
areas where the consequences of an incident could be loss of life,
serious injury, or significant environmental damage. The ecosystems
that also could be affected by a hazardous materials release during
transportation include atmospheric, aquatic, terrestrial, and vegetal
resources (for example, wildlife habitats). The adverse environmental
impacts associated with releases of most hazardous materials are short-
term impacts that can be greatly reduced or eliminated through prompt
clean-up of the incident scene. On August 18, 2011, we issued a NPRM in
which we requested information on the potential environmental impacts
of the proposals.
    In all modes of transport, the potential for environmental damage
or contamination exists when packages of hazardous materials are
involved in transportation incidents. Most of the special permits
considered in this rulemaking involve bulk packages of hazardous
materials in DOT specification and non-specification tank cars. While
the volume of hazardous material present in these packagings has the
potential to be released into the environment during a transportation
incident, these packagings are constructed to withstand greater forces
during impact and are also equipped with safety relief devices and
valves specifically designed to maintain the containment ability of the
tank car.
    The purpose and need of this rulemaking is to incorporate widely
used special permits or those with an established safety record into
the HMR for universal use. More information about benefits of this
final rulemaking action can be found in the preamble (i.e., ``Overview
of Proposed Amendments'') to this rulemaking. The alternatives
considered in the analysis include (1) The proposed action, that is,
incorporation of the proposed special permits as amendments to the HMR;
(2) incorporation of some subset of the proposed special permits (i.e.,
only some of the proposed special permits) as amendments to the HMR;
and (3) the ``no action'' alternative, meaning that none of the
proposed special permits would be incorporated into the HMR. In
considering the potential environmental impacts of this final
rulemaking action, PHMSA does not anticipate that the incorporation of
the listed special permits will result in any significant impact on the
human environment because the process through which special permits are
issued requires the applicant to demonstrate that the alternative
transportation method or packaging proposed provides an equivalent
level of safety as that provided in the HMR. Further, the commenters
did not discuss environmental impact issues in their comments.
    The agencies and persons consulted in the development of this final
rule include the International Vessel Operators Hazardous Materials
Association, Inc.; Gold Tank Inspection Services, Inc.; Surface
Deployment and Distribution Command (SDDC); Conrail; Agrium N.A.
Wholesale Transportation Compliance; Koch Nitrogen Company; Columbiana
Boiler Company; and subject matter expert staff in FRA and PHMSA.
    This final rule will amend the HMR to incorporate provisions
contained in certain widely used or longstanding railroad special
permits that have an established safety record. As a result,
incorporating its provisions into the HMR will increase the safety and
environmental protections for transporting the materials previously
covered under these special permits. Because OMB determined this final
rule is non-significant, no RIA is required. Further, the cost
assumptions in this final rule originated from industry or FRA
experience, and we consider them to be reasonable. In addition, in this
final rule we have responded to the cost concerns presented by the
commenters and mitigated them wherever possible. Based on this
analysis, we have determined that the requirements

adopted in this final rule will not have a significant economic impact
on a substantial number of small entities.

J. Privacy Act

    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, pages 19477-78), or at http://www.regulations.gov.

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

    Education, Hazardous materials transportation, Hazardous waste,
Labeling, 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, Incorporation by reference,
Radioactive materials, Rail carriers, Railroad safety, Reporting and
recordkeeping requirements.

49 CFR Part 179

    Hazardous materials transportation, Railroad safety, Reporting and
recordkeeping requirements.

49 CFR Part 180

    Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Railroad safety, Reporting and
recordkeeping requirements.

    In consideration of the foregoing, we amend 49 CFR Chapter I as
follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.45 and 1.53;
Pub. L. 101-410 section 4 (28 U.S.C. 2461 note); Pub. L. 104-134
section 31001.

0
2. In the ``Table of material incorporated by reference,'' at Sec.
171.7(a)(3), for the entry ``AAR Manual of Standards and Recommended
Practices, Section C-Part III, Specifications for Tank Cars,
Specification M-1002, (AAR Specifications for Tank Cars), December
2000, the reference to Sec.  174.63 is removed.

0
3. In Sec.  171.8, the new definitions for ``Electronic data
interchange'' and ``Train consist'' are added in alphabetical order to
read as follows:

Sec.  171.8  Definitions and abbreviations.

* * * * *
    Electronic data interchange (EDI) means the computer-to-computer
exchange of business data in standard formats. In EDI, information is
organized according to a specific format (electronic transmission
protocol) agreed upon by the sender and receiver of this information,
and transmitted through a computer transaction that requires no human
intervention or retyping at either end of the transmission.
* * * * *
    Train consist means a written record of the contents and location
of each rail car in a train.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING
REQUIREMENTS, AND SECURITY PLANS

0
4. The authority citation for part 172 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.53.

0
5. In Sec.  172.201, revise paragraph (a)(2) and paragraph (a)(5) is
added to read as follows:

Sec.  172.201  Preparation and retention of shipping papers.

    (a) * * *
    (2) The required shipping description on a shipping paper and all
copies of the shipping paper used for transportation purposes must be
legible and printed (manually or mechanically) in English.
* * * * *
    (5) Electronic shipping papers. For transportation by rail, a rail
carrier may accept shipping paper information either telephonically
(i.e., voice communications and facsimiles) or electronically (EDI)
from an offeror of a hazardous materials shipment in accordance with
the provisions in paragraphs (a)(5)(i)-(a)(5)(iv) of this section. See
Sec.  171.8 for the EDI definition.
    (i) When the information applicable to the consignment is provided
under this requirement the information must be available to the offeror
and carrier at all times during transport, and the carrier must have
and maintain a printed copy of this information until delivery of the
hazardous materials on the shipping paper is complete. When a paper
document is produced, the data must be presented as required by this
subpart.
    (ii) The offeror must forward the shipping paper (record) for a
loaded movement to the carrier prior to shipment unless the carrier
prepares the shipping paper on behalf of the offeror. The offeror is
only relieved of the duty to forward the shipping paper once the
offeror has received a copy of the shipping paper from the carrier;
    (iii) A carrier that generates a residue shipping paper using
information from the previous loaded movement of a hazardous materials
packaging must ensure the description of the hazardous material that
accompanies the shipment complies with the offeror's request; and
    (iv) Verification. The carrier and the offeror must have a
procedure by which the offeror can verify accuracy of the transmitted
hazard communication information that will accompany the shipment.
* * * * *

0
6. In Sec.  172.202, add a new sentence to the end of paragraph (b) to
read as follows:

Sec.  172.202  Description of hazardous material on shipping papers.

* * * * *
    (b) * * * Shipping descriptions for hazardous materials offered or
intended for transportation by rail that contain all the information
required in this subpart and that are formatted and ordered in
accordance with recognized electronic data interchange standards and,
to the extent possible, in the order and manner required by this
subpart are deemed to comply with this paragraph.
* * * * *

0
7. In Sec.  172.204, in paragraph (a) introductory text, add a new
sentence at the end of the paragraph, and add new paragraphs (a)(3) and
(d)(3) to read as follows:

Sec.  172.204  Shipper's certification.

    (a) * * * For transportation by rail only, the certification may be
received verbally or with an electronic signature

in conformance with paragraphs (a)(3)(i) and (a)(3)(ii) of this
section.
* * * * *
    (3) Rail only certifications. For transportation by rail, the
shipping paper certification may also be accomplished by one of the
following methods:
    (i) Verbal Certification. When received telephonically, by the
carrier reading the complete shipping description that will accompany
the shipment back to the offeror and receiving verbal acknowledgment
that the description is as required. This verbal acknowledgement must
be recorded, either on the shipping document or in a separate record,
e.g., the waybill, in accordance with Sec.  174.24, and must include
the date and name of the person who provided this information; or
    (ii) Electronic Signature Certification. When transmitted
electronically, by completing the field designated for the shipper's
signature, the shipper is also certifying its compliance with the
certification specified in Sec.  172.204(a).'' The name of the
principal partner, officer, or employee of the offeror or their agent
must be substituted for the asterisks;
* * * * *
    (d) * * *
    (3) For transportation by rail, when transmitted by telephone or
electronically, the signature must be in one of the following forms:
The name of the principal person, partner, officer, or employee of the
offeror or his agent in a computer field defined for that purpose.

0
8. In Sec.  172.604, paragraphs (a) introductory text and (a)(3)(ii)
are revised to read as follows:

Sec.  172.604  Emergency response telephone number.

    (a) A person who offers a hazardous material for transportation
must provide an emergency response telephone number, including the area
code, for use in an emergency involving the hazardous material. For
telephone numbers outside the United States, the international access
code or the ``+'' (plus) sign, country code, and city code, as
appropriate, that are needed to complete the call must be included. The
telephone number must be--
* * * * *
    (3) * * *
    (ii) Entered once on the shipping paper in the manner prescribed in
paragraph (b) of this section in a prominent, readily identifiable, and
clearly visible manner that allows the information to be easily and
quickly found, such as by highlighting, use of a larger font or a font
that is a different color from other text and information, or otherwise
setting the information apart to provide for quick and easy
recognition. The offeror may use one of the methods prescribed in this
paragraph only if the telephone number applies to each hazardous
material entered on the shipping paper, and if it is indicated that the
telephone number is for emergency response information (for example:
``EMERGENCY CONTACT: * * *'').
* * * * *

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

0
9. The authority citation for part 173 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; 49 CFR 1.45, 1.53.

0
10. In Sec.  173.314, revise paragraphs (e) and (k) to read as follows:

Sec.  173.314  Compressed gases in tank cars and multi-unit tank cars.

* * * * *
    (e) Verification of content. (1) The amount of liquefied gas loaded
into each tank may be determined either by measurement or calculation
of the weight, except that DOT specification tank car tanks authorized
for the transportation of anhydrous ammonia and ammonia solution may
have the amount of liquefied gas loaded into the tank car measured by a
metering device in conformance with paragraph (e)(2) of this section.
    (2) Metering device. (i) Tank cars loaded with anhydrous ammonia or
ammonia solution through the use of a metering device in conformance
with this section are not required to be weighed, but must have their
outage measured with a magnetic gauging device to determine that the
tank car is properly loaded in conformance with this paragraph. Written
procedures for loading a tank car using a metering device must be
developed and made available at each location where such loading takes
place. Certification in writing of the inspection and completion of
these loading and/or unloading procedures must be maintained for each
tank car and maintained in accordance with the recordkeeping
requirements in paragraph (e)(2)(iii) of this section, and all
necessary records must be completed. At a minimum, these procedures
will specify:
    (A) The tank car must be offered for transportation in conformance
with all applicable government regulations.
    (B) Any defects found when the tank car is examined before shipping
must be recorded, and the tank must not be loaded until the repairs to
eliminate each defect are completed.
    (C) The tank car must be allowed to sit undisturbed for at least 10
minutes after loading to allow material within the tank to settle.
After this has occurred a final check for leaks must be conducted prior
to offering the tank car for transportation.
    (ii) One out of every 10 tank cars loaded by the use of the
metering device must be gauged utilizing the fixed gauging equipment on
the tank car to verify by calculation the amount of anhydrous ammonia
or ammonia solution contained in the tank car.
    (iii) Recordkeeping. The following information must be maintained
and be made available to any representative of the DOT upon request for
each tank car loaded with the use of a metering device:
    (A) Date loaded,
    (B) Date shipped,
    (C) Tank car reporting marks,
    (D) DOT Specification,
    (E) Tank car stenciled shell capacity (gallons/liters),
    (F) Tank car stenciled tare weight (pounds/kilograms),
    (G) Outage or innage table number,
    (H) Water capacity of tank in pounds and/or kilograms,
    (I) Maximum permitted filling density (see Sec.  173.314),
    (J) Specific gravity of anhydrous ammonia or ammonia solution at
the reference temperature,
    (K) Tank car outage (inches/meters, gallons/liters),
    (L) Gallons/liters of liquid ammonia in tank car,
    (M) Quantity of vapor ammonia in tank car (gallons/liters), and
    (N) Total calculated ammonia (liquid & vapor) in tank car (pounds/
kilograms).
* * * * *
    (k) Special requirements for chlorine. (1) Tank cars built after
September 30, 1991, must have an insulation system consisting of 5.08
cm (2 inches) glass fiber placed over 5.08 cm (2 inches) of ceramic
fiber. Tank cars must have excess flow valves on the interior pipes of
liquid discharge valves. Tank cars constructed to a DOT 105A500W
specification may be marked as a DOT 105A300W specification with the
size and type of reclosing pressure relief valves required by the
marked specification.
    (2) DOT105J500W tank cars may be used as authorized packagings, as
prescribed in this subchapter for transporting ``Chlorine, 2.3 (8), UN

1017, Poison Inhalation Hazard, Zone B, RQ,'' if the tank cars meet all
DOT specification requirements, and the tank cars are equipped with
combination safety relief valves with a start-to-discharge pressure of
360 psi, rather than the 356 psi. The start-to-discharge pressure
setting must be marked on the pressure relief device in conformance
with applicable provisions of the AAR Specification for Tank Cars (IBR,
see Sec.  171.7 of this subchapter).
* * * * *

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 1.53.

0
12. In Sec.  174.63(c)(2) is revised to read as follows:

Sec.  174.63  Portable tanks, IM portable tanks, IBCs, cargo tanks, and
multi-unit tank car tanks.

* * * * *
    (c) * * *
    (2) The tank and flatcar must comply with the applicable
requirements of the HMR concerning their specification.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

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

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.

0
14. In Sec.  179.13, paragraph (b) is revised to read as follows:

Sec.  179.13  Tank car capacity and gross weight limitation.

* * * * *
    (b) Tank cars containing poisonous-by-inhalation material meeting
the applicable authorized tank car specifications listed in Sec.
173.244(a)(2) or (3), or Sec.  173.314(c) or (d) may have a gross
weight on rail of up to 286,000 pounds upon approval by the Associate
Administrator for Railroad Safety, FRA. Tank cars exceeding 263,000
pounds and up to 286,000 pounds gross weight on rail must meet the
requirements of AAR Standard S-286, Free/Unrestricted Interchange for
286,000 lb Gross Rail Load Cars (IBR, see Sec.  171.7 of this
subchapter). Any increase in weight above 263,000 pounds may not be
used to increase the quantity of the contents of the tank car.

0
15. In Subpart B, new Sec.  179.24 is added to read as follows:

Sec.  179.24  Stamping.

    (a)(1) After July 25, 2012, to certify compliance with federal
requirements, the tank manufacturer must install two identical
permanent identification plates, one located on both inboard surfaces
of the body bolsters of the tank car. One identification plate must be
installed on the right side (AR) of the tank car, and the other must be
installed on the back end left side (BL) body bolster webs so that each
plate is readily accessible for inspection. The plates must be at least
\3/32\ inch thick and manufactured from corrosion resistant metal. When
the tank jacket (flashing) covers the body bolster web and
identification plates, additional identical plates must be installed on
the AR and BL corners of the tank in a visible location. Tank cars
built before July 25, 2012, may have the plate instead of or in
addition to the stamping.
    (2) Each plate must be stamped, embossed, or otherwise marked by an
equally durable method in letters \3/16\ inch high with the following
information (parenthetical abbreviations may be used, and the AAR form
reference is to the applicable provisions of the AAR Specifications for
Tank Cars, December 2000 edition (IBR, see Sec.  171.7 of this
subchapter)):
    (i) Tank Manufacturer (Tank MFG): Full name of the car builder as
shown on the certificate of construction (AAR form 4-2).
    (ii) Tank Manufacturer's Serial Number (SERIAL NO): For the
specific car.
    (iii) AAR Number (AAR NO): The AAR number from line 3 of AAR Form
4-2.
    (iv) Tank Specification (SPECIFICATION): The specification to which
the tank was built from line 7 of AAR form 4-2.
    (v) Tank Shell Material/Head Material (SHELL MATL/HEAD MATL): ASTM
or AAR specification of the material used in the construction of the
tank shell and heads from lines 15 and 16 of AAR Form 4-2. For Class
DOT-113W, DOT-115W, AAR-204W, and AAR-206W, the materials used in the
construction of the outer tank shell and heads must be listed. Only
list the alloy (e.g., 5154) for aluminum tanks and the type (e.g., 304L
or 316L) for stainless steel tanks.
    (vi) Insulation Material (INSULATION MATL): Generic names of the
first and second layer of any thermal protection/insulation material
applied.
    (vii) Insulation Thickness (INSULATION THICKNESS): In inches.
    (viii) Underframe/Stub Sill Type (UF/SS DESIGN): The design from
Line 32 of AAR Form 4-2.
    (ix) Date of Manufacture (DATE OF MFR): The month and year of tank
manufacture. If the underframe has a different built date than the
tank, show both dates.
    (3) When a modification to the tank changes any of the information
shown in paragraph (a)(2) of this section, the car owner or the tank
car facility making the modification must install an additional
variable identification plate on the tank in accordance with paragraph
(a)(1) of this section showing the following information:
    (i) AAR Number (AAR NO): The AAR number from line 3 of AAR Form 4-2
for the alteration or conversion.
    (ii) All items of paragraph (a)(2) of this section that were
modified, followed by the month and year of modification.
    (b) [Reserved].

0
16. In Sec.  179.100-20, add paragraph (b) to read as follows:

Sec.  179.100-20  Stamping.

* * * * *
    (b) After July 25, 2012, newly constructed DOT tank cars must have
their DOT specification and other required information stamped plainly
and permanently on stainless steel identification plates in conformance
with the applicable requirements prescribed in Sec.  179.24(a). Tank
cars built before July 25, 2012, may have the identification plates
instead of or in addition to the head stamping.

0
17. In Sec.  179.200-24, new paragraph (c) is added to read as follows:

Sec.  179.200-24  Stamping.

* * * * *
    (c) After July 25, 2012, newly constructed DOT tank cars must have
their DOT specification and other required information stamped plainly
and permanently on stainless steel identification plates in conformance
with the applicable requirements prescribed in Sec.  179.24(a). Tank
cars built before July 25, 2012, may have the identification plates
instead of or in addition to the head stamping.

0
18. In Sec.  179.201-10, add paragraph (b) to read as follows:

Sec.  179.201-10  Water capacity marking.

* * * * *
    (b) After July 25, 2012, authorized DOT non-pressure tank cars that
comply with this section and are equipped with stainless steel
identification plates may have the water capacity of the tank in pounds
prescribed in the first sentence of paragraph (a) of this section
stamped plainly and permanently on their identification plate in
conformance with the applicable marking requirements

prescribed in Sec.  179.24(a) instead of into the metal of the tank or
immediately below the stamped marks specified in Sec.  179.200-24(a).

0
19. In Sec.  179.220-25, redesignate the introductory paragraph as
paragraph (a), and new paragraph (b) is added to read as follows:

Sec.  179.220-25  Stamping.

* * * * *
    (b) After July 25, 2012, newly constructed DOT tank cars must have
their DOT specification and other required information stamped plainly
and permanently on stainless steel identification plates in conformance
with the applicable requirements prescribed in Sec.  179.24(a). Tank
cars built before July 25, 2012, may have the identification plates
instead of or in addition to the head stamping.

0
20. In Sec.  179.300-13, paragraph (b) is revised to read as follows:

Sec.  179.300-13  Venting, loading and unloading valves.

* * * * *
    (b) Threads for openings must be National Gas Taper Threads (NGT)
tapped to gauge, clean cut, even and without checks. Taper threads must
comply with Sec.  178.61(h)(3)(i) and (h)(3)(ii). Threads for the
clean-out/inspection ports of DOT Specification 110A multi-unit tank
car tanks may be straight threads instead of taper threads. The
straight threads must meet the requirements of Sec.  178.61(h)(3)(i)
and (h)(3)(iii). Hex plugs may be secured to threaded boss ports using
stainless steel safety wire that must not fail during its intended use.

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
21. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.53.

0
22. In Sec.  180.501, paragraph (a) is revised, paragraph (b) is
redesignated as paragraph (c), and new paragraphs (b) and (d) are added
to read as follows:

Sec.  180.501  Applicability.

    (a) This subpart prescribes requirements, in addition to those
contained in parts 107, 171, 172, 173, 174, and 179 of this subchapter,
applicable to any person who manufactures, fabricates, marks,
maintains, repairs, inspects, or services tank cars to ensure
continuing qualification.
    (b) This subpart also establishes the minimum acceptable framework
for an owner's qualification program for tank cars and components.
Owners should follow this subpart in developing their written
procedures (work instructions), as required under Sec.  179.7(d), for
use by tank car facility employees. The owner's qualification program
for each tank car, or a fleet of tank cars, must identify where to
inspect, how to inspect, and the acceptance criteria. Alternative
inspection and test procedures or intervals based on a damage-tolerance
analysis or service reliability assessment must be approved by the
Associate Administrator for Railroad Safety in accordance with
180.509(l). Tank car facilities must incorporate the owner's
qualification program in their quality assurance program, as required
under Sec.  179.7(a)(2), (b)(3), (b)(5), and (d).
* * * * *
    (d) Where, in this subpart, a person is required to make documents
available to FRA upon request, such request means that credentialed FRA
personnel or an authorized representative of the Department may view
the documents and make copies of them. The document owner's may seek
confidential treatment of the documents presented. See Sec.  105.30.

0
23. Revise Sec.  180.503 to read as follows:

Sec.  180.503  Definitions.

    The following definitions and those contained in Sec. Sec.  171.8
and 179.2 of this subchapter apply:
    Coating/lining owner means the person with the financial
responsibility for purchasing and maintaining the integrity of the
interior coating or lining.
    Corrosive to the tank or service equipment means a material
identified in Appendix D of this part or a material when in contact
with the inner shell of the tank or service equipment has a corrosion
rate on steel greater than 2.5 milli-inch per year (mpy) (0.0025 inch
per year).
    Defects mean abrasions; corrosion; cracks; dents; flaws in welds;
distortions; erosion; missing, damaged, leaking or loose components and
fasteners; and other conditions or imperfections that may make a tank
car unsafe for transportation and/or require it to be removed from
service.
    Design level of reliability and safety means the level of
reliability and safety built into the tank car and, therefore, inherent
in its specification, design, and manufacture.
    Inspection and test means a careful and critical examination of a
tank car and its appurtenances performed by qualified personnel
following the owner's qualified procedures.
    Interior heater system means a piping system located within the
tank shell that uses a fluid medium to heat the lading for the purposes
of unloading.
    Maintenance means upkeep, or preservation, including repairs
necessary and proper to ensure an in-operation tank car's specification
until its next qualification.
    Modification means any change to a tank car that affects the
certificate of construction prescribed in Sec.  179.5, including an
alteration prescribed in Sec.  179.6, or conversion.
    Objectively reasonable and articulable belief means a belief based
on particularized and identifiable facts that provide an objective
basis to believe or suspect that a tank car or a class or design of
tank cars may be in an unsafe operating condition.
    Qualification, as relevant to a tank car, means the car and its
components conforms to the specification to which it was designed,
manufactured, or modified to the requirements of this subpart, to the
applicable requirements of the AAR Tank Car Manual (IBR, see Sec.
171.7 of this subchapter), and to the owner's acceptance criteria.
Qualification is accomplished by careful and critical examination that
verifies conformance using inspections and tests based on a written
program approved by the tank car owner followed by a written
representation of that conformance. A tank car that passes the
appropriate tests for its specification, has a signed test report, is
marked to denote this passage, and is considered qualified for
hazardous materials transportation under this subchapter.

----------------------------------------------------------------------------------------------------------------
             Qualification of                       Tests and inspections                Sec.   180.509(*)
----------------------------------------------------------------------------------------------------------------
Tank.....................................  Visual Inspection.....................  d
                                           Structural Integrity Inspection.......  e
                                           Thickness Test: Note 1................  f
                                           Safety System Inspection..............  h
Service Equipment........................  Service Equipment.....................  k

Coating/lining...........................  Internal Coatings and Linings.........  i
----------------------------------------------------------------------------------------------------------------

    Note 1: Subparagraph (f)(2) may require thickness tests at an
interval different from the other items for qualification of the tank.
    Railworthy, Railworthiness for a tank car means that the tank,
service equipment, safety systems, and all other components covered by
this subchapter conform to the HMR, and are otherwise suitable for
continued service and capable of performing their intended function
until their next qualification.
    Reactive to the tank or service equipment means a material that, in
contact with the inner shell of the tank, or with the service
equipment, may react to produce heat, gases, and/or pressure which
could substantially reduce the effectiveness of the packaging or the
safety of its use.
    Reinforced tank shell butt weld means the portion of a butt weld
covered by a reinforcing pad.
    Reinforcing pad means an attachment welded directly to the tank
supporting major structural components for the purpose of preventing
damage to the tank through fatigue, overstressing, denting, puncturing,
or tearing.
    Reliability means the quantified ability of an item or structure to
operate without failure for the specified period of its design life or
until its next qualification.
    Representation means attesting through documenting, in writing or
by marking on the tank (or jacket), that a tank car is qualified and
railworthy. See also Sec. Sec.  180.511 and 180.517(b).
    Safety system means one or more of the following: Thermal
protection systems, insulation systems, tank head puncture resistance
systems, coupler vertical restraint systems, and systems used to
protect discontinuities (e.g., skid protection and protective housings)
as required under this subchapter.
    Service equipment means equipment used for loading and unloading
(including an interior heating system), sampling, venting, vacuum
relief, pressure relief, and measuring the amount of lading or the
lading temperature.
    Service equipment owner means the party responsible for bearing the
cost of the maintenance of the service equipment.
    Tank car owner means the person to whom a rail car's reporting
marks are assigned, as listed in the Universal Machine Language
Equipment Register (UMLER).
    Tank car tank means the shell, heads, tank shell and head weld
joints, attachment welds, sumps, nozzles, flanges, and all other
components welded thereto that are either in contact with the lading or
contain the lading.
    Train consist means a written record of the contents and location
of each rail car in a train.

Sec.  180.507  [Amended]

0
24. In Sec.  180.507, remove paragraph (b)(2).

Sec.  180.509  [Amended]

0
25. Amend Sec.  180.509 as follows:
0
a. Add, (f)(3), (f)(4), (f)(5), (f)(6), (i)(2) and (i)(3);
0
b. Revise paragraphs (a), (b), (c)(3), (d), (e), (f), (g), (h), (i),
and (j);
0
c. Redesignate paragraph (l) as paragraph (m), redesignate paragraph
(k) as paragraph (l), revise the newly redesignated paragraph (l), and
add a new paragraph (k).

Sec.  180.509  Requirements for qualification of specification tank
cars.

    (a) General. Each tank car owner must ensure that a tank car
facility:
    (1) Inspects and tests each item according to the requirements
specified in this section;
    (2) Evaluates each item according to the acceptable results of
inspections and tests specified in Sec.  180.511;
    (3) Marks each tank car as specified in Sec.  180.515 that is
qualified to transport hazardous materials;
    (4) Prepares the documentation as required by Sec.  180.517 for
each item qualified under this section. A copy of the documentation
required by Sec.  180.517 must be sent to the owner as appropriate and
according to the owner's instructions.
    (b) Conditions requiring qualification of tank cars. Without regard
to the qualification compliance date requirements of any paragraph of
this section, an owner of a tank car or an internal coating or lining
must ensure an appropriate inspection and test according to the type of
defect and the type of maintenance or repair performed if:
    (1) The tank car shows evidence of abrasion, corrosion, cracks,
dents, distortions, defects in welds, or any other condition that may
make the tank car unsafe for transportation,
    (2) The tank car was in an accident and shows evidence of damage to
an extent that may adversely affect its capability to retain its
contents or to otherwise remain railworthy.
    (3) The tank bears evidence of damage caused by fire. (4) The
Associate Administrator for Railroad Safety, FRA, requires it based on
the existence of an objectively reasonable and articulable belief that
a tank car or a class or design of tank cars may be in an unsafe
operating condition.
    (c) * * *
    (3) Fusion welded tank cars must be inspected and tested to be
qualified and maintained in accordance with the following table. All
qualification requirements need not be done at the same time or at the
same facility.

                                 Frequency of Qualification Inspection and Tests
----------------------------------------------------------------------------------------------------------------
        Section 180.509(*)                            Description                         Maximum interval
----------------------------------------------------------------------------------------------------------------
D.................................  Visual inspection.............................  10 years.
E.................................  Structural integrity inspection...............  10 years.
F.................................  Thickness test................................  See Sec.   180.509(f).
H.................................  Safety Systems................................  10 years.
I.................................  Internal coating or lining (for materials       See Sec.   180.509(i).
                                     corrosive or reactive to the tank) (See
                                     definitions at Sec.   180.503).
J.................................  Leakage pressure test.........................  After reassembly.
K.................................  Service equipment (including pressure relief    See Sec.   180.509(k).
                                     device).
----------------------------------------------------------------------------------------------------------------

     (d) Visual inspection. At a minimum, each tank car facility must
visually inspect the tank externally and internally as follows:
    (1) An internal inspection of the tank shell and heads for
abrasion, corrosion, cracks, dents, distortions, defects in welds, or
any other condition that makes the tank car unsafe for transportation,
and except in the areas where insulation or a thermal protection system
precludes it, an external inspection of the tank shell and heads for
abrasion, corrosion, cracks, dents, distortions, defects in welds, or
any other condition that makes the tank car unsafe for transportation,
and for DOT 115 class tank cars, an internal inspection of the inner
container and external inspection of the outer shell and heads for
defects in welds, or any other condition that may make the tank car
unsafe for transportation;
    (2) When an internal coating or lining, head protection,
insulation, or thermal protection is removed in part or in whole, the
internal and external exposed surface of the tank must be visually
inspected for defects in welds or any other condition that may make the
tank car unsafe for transportation, and this inspection must precede
any application or reapplication of a coating or lining;
    (3) An inspection of the service equipment, including gaskets, for
indications of corrosion and other conditions that may make the tank
car unsafe for transportation;
    (4) An inspection for missing or loose bolts, nuts, or elements
that may make the tank car unsafe for transportation;
    (5) An inspection of all closures on the tank car for conditions
that may make the tank car unsafe for transportation, including an
inspection of the protective housings for proper condition;
    (6) An inspection of excess flow valves with threaded seats for
tightness; and
    (7) An inspection of the required markings on the tank car for
legibility.
    (e) Structural integrity inspections and tests. (1) Each tank car
owner must ensure the structural elements on the tank car qualify with
the applicable requirements of this subchapter. At a minimum, the
structural integrity inspection and test must include:
    (i) All transverse fillet welds greater than 0.64 cm (0.25 inch)
within 121.92 cm (4 feet) of the bottom longitudinal centerline except
body bolster pad attachment welds;
    (ii) The termination of longitudinal fillet welds greater than 0.64
cm (0.25 inch) within 121.92 cm (4 feet) of the bottom longitudinal
centerline; and
    (iii) The tank shell butt welds within 60.96 cm (2 feet) of the
bottom longitudinal centerline, unless the tank car owner can determine
by analysis (e.g., finite element analysis, damage-tolerance analysis,
or service reliability assessment) that the structure will not develop
defects that reduce the design level of safety and reliability or fail
within its operational life or prior to the next required inspection.
The owner must maintain all documentation used to make such
determination at its principal place of business and make the data
available to FRA or an authorized representative of the Department upon
request.
    (2) For DOT 115 class tanks, paragraphs (e)(1)(i) through (iii) of
this section apply only to the outer shell fillet welds and to the non-
reinforced exposed outer shell butt welds.
    (3) The inspection requirements of paragraph (e)(1)(iii) of this
section do not apply to reinforced tank shell butt welds until the time
of lining removal or application for tank cars with an internal lead,
glass, or rubber lining.
    (4) Each tank car facility must inspect and test the elements
identified in paragraph (e)(1) of this section by one or more of the
following methods:
    (i) Dye penetrant testing (PT);
    (ii) Radiographic examination (RT);
    (iii) Magnetic particle testing (MT);
    (iv) Ultrasonic testing (UT); and
    (v) Direct, remote, or enhanced visual inspection, using, for
example, magnifiers, fiberscopes, borescopes, and/or machine vision
technology (VT).
    (f) Thickness tests. (1) The tank car owner must ensure that each
tank car facility measures the thickness of the tank car shell, heads,
sumps, protective housing (i.e., domes), and nozzles on each tank car
by using a device capable of accurately measuring the thickness to
within 0.05 mm (0.002 inch).
    (2) The tank car owner must ensure that each tank car has a
thickness test measurement:
    (i) At the time of an internal coating or lining application or
replacement, or
    (ii) At least once every ten (10) years for a tank that does not
have an internal coating or lining, or
    (iii) At least once every five (5) years for a tank that does not
have an internal coating or lining when:
    (A) The tank is used to transport a material that is corrosive or
reactive to the tank (see Appendix D of this part) or service equipment
as defined Sec.  180.503, and
    (B) The remaining shell and head thickness is tested and determined
to be at or below line C in Figure A of this paragraph.

[GRAPHIC] [TIFF OMITTED] TR25JN12.000

Where:

A. As-built tank shell or head thickness with additional thickness.
B. Required minimum tank shell or head thickness after forming per
part 179.
C. Inspection frequency adjustment point (design minimum shell or
head thickness, minus \1/2\ of the table value in paragraph (g) of
this section).
D. Condemning limit for general corrosion (required minimum shell or
head thickness, minus the value in paragraph (g) of this section).
E. Condemning limit for localized corrosion (required minimum shell
or head thickness, minus the table value in paragraph (g) of this
section, minus 1.58 mm (\1/16\ inch)). See Note 1 in paragraph (g)
of this section for diameter limitations and minimum separation
distances.
F. Allowable shell or head thickness reduction (table value in
paragraph (g) of this section).
G. Additional thickness reduction for localized areas in paragraph
(g) of this section.

    (3) For a localized repair of an internal coating or lining where a
material corrosive to the tank or service equipment as defined Sec.
180.503 has contacted the tank, a qualified individual must verify the
coating or lining's conformance with paragraph (g) of this section by
measuring the shell or head in the area of the repair. The thickness
test applies only to the non-lined or coated repaired area, and is not
a qualification event. Modification of the tank stencil is not
required.
    (4) Operation of a tank car below the condemning limit for general
corrosion or the condemning limit for localized corrosion (as shown in
Figure A of this section) is prohibited.
    (5) For sumps, protective housing (i.e., domes), nozzles, and
nozzle reinforcing pads, the tank car owner must determine if any
reduction in wall thickness affects the design levels of reliability
and safety built into sump, protective housing, nozzle, or nozzle
reinforcement. Each tank car owner must maintain at its principal place
of business documentation describing the allowable thickness reductions
for sumps, protective housings, and nozzles, and nozzle reinforcements.
This documentation must be made available to FRA or an authorized
representative of the Department upon request.
    (6) After repairs, alterations, conversions, modifications, or
blasting of tank car that results in a reduction of the tank's
thickness, and anytime a tank car coating or lining is removed, a
qualified individual must measure the thickness of the tank in the area
of reduced thickness to ensure that the thickness of the tank conforms
to paragraph (g) of this section.
    (g) Service life thickness allowance. (1) A tank car found with a
thickness below the required minimum thickness after forming for its
specification, as stated in part 179 of this subchapter, may continue
in service if any reduction in the required minimum thickness is not
more than that provided in the following table:

                                      Allowable Shell Thickness Reductions
----------------------------------------------------------------------------------------------------------------
        Marked tank test pressure                  Top shell and tank head                  Bottom shell
----------------------------------------------------------------------------------------------------------------
60 psig < 200 psig.......................  3.17 mm...............................  1.58 mm.
                                           \1/8\ inch............................  \1/16\ inch.
>=200 psig...............................  0.79 mm...............................  0.79 mm.
                                           \1/32\ inch...........................  \1/32\ inch.
----------------------------------------------------------------------------------------------------------------

    Note 1. A tank car owner may add an extra 1.58 mm (\1/16\ inch) to
the values in the table for local reductions. Local reductions are
those that do not exceed 20.32 linear centimeters (8 linear inches)
measured at the longest diameter, and are separated from the other
local reductions by at least 40.64 cm (16 inches).
    Note 2. Any reduction in the tank car shell thickness may not
affect the structural strength of the tank car to the extent that the
tank car no longer conforms to the applicable provisions of Section 6.2
of the AAR Specifications for Tank Cars (IBR, see Sec.  171.7 of this
subchapter).

    Note 3. For DOT 115 class tank cars, shell thickness reductions
apply only to the outer shell of the tank car. There is no shell or
head thickness reduction authorized for the inner tank.
    (2) [Reserved]
    (h) Safety system inspections. Each tank car owner must ensure
qualification of the tank car safety systems. However, inspections of
foam or cork insulation systems are not required.
    (i) Internal coating and lining inspection and test. (1) At a
minimum, the owner of an internal coating or lining applied to protect
a tank used to transport a material that is corrosive or reactive to
the tank must ensure an inspection adequate enough to detect defects or
other conditions that could reduce the design level of reliability and
safety of the tank is performed. In addition, the owner of a coating or
lining of tank cars used to transport hazardous materials must ensure
the lining complies with Sec.  173.24(b)(2) and (b)(3) of this
subchapter.
    (2) The owner of the internal coating or lining must establish and
maintain a record of the service life of the coating or lining and
commodity combination, that is, the specific hazardous materials that
were loaded into a tank and the coating or lining in place at the time
of loading. The owner of the internal coating or lining must use its
knowledge of the service life of each coating or lining and commodity
combination to establish an appropriate inspection interval for that
coating or lining and commodity combination. This interval must not
exceed eight (8) years, unless the coating or lining owner can
establish, document, and show that the service history or scientific
analysis of the coating or lining and commodity pairing supports a
longer inspection interval. The owner must maintain at its principal
place of business a written procedure for collecting and documenting
the performance of the coating or lining applied within the tank car
for its service life. The internal coating or lining owner must provide
this documentation, including inspection and test, repair, removal, and
application procedures, to the FRA or car owner upon request. Further,
the offeror must provide commodity information to the car owner and the
owner of the internal coating or lining upon request.
    (3) The owner of the internal coating or lining must provide the
test method and acceptance criteria to the tank car owner and to the
person responsible for qualifying the coating or lining. The tank car
facility inspecting and testing the internal coating or lining must
follow the inspection and test procedure, including the acceptance
requirements, established by the internal coating or lining owner.
    (j) Leakage pressure test. Unless the design of the service
equipment arrangement precludes it (e.g., there is no fitting to
pressurize the tank), each owner of a tank car must ensure that the
tank, service equipment, and closures installed, replaced, or
reinstalled on the tank car are leak tested. The test may be conducted
with the lading in the tank. When the test pressure exceeds the start-
to-discharge or burst pressure of a pressure relief device, the device
must be rendered inoperative. The written procedures and test method
for leak testing must ensure the sensitivity and reliability of the
test method to prevent premature failure. This section does not apply
to facilities that remove closures for the sole purpose of loading or
unloading the lading (e.g., blind flanges, pipe plugs, etc.).
    (k) Service equipment inspection and test. (1) Each tank car owner
must ensure the qualification of tank car service equipment at least
once every ten (10) years. The tank car owner must analyze the service
equipment inspection and test results for any given lading and, based
on the analysis, adjust the inspection and test frequency to ensure
that the design level of reliability and safety of the equipment is
met. The owner must maintain at its principal place of business all
supporting documentation used to make such analyses and inspection and
test frequency adjustments. The supporting documentation must be made
available to FRA or an authorized representative of the Department upon
request.
    (2) Each tank car facility must qualify service equipment,
including reclosing pressure relief devices and interior heater systems
in accordance with the applicable provisions of Appendix D of the AAR
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter).
    (l) Alternative inspection and test procedures. When approved by
the Associate Administrator for Railroad Safety, FRA, a tank car owner,
or a coating or lining owner may use an alternative inspection and test
procedure or interval based on a damage-tolerance analysis (that must
include a determination of the probable locations and modes of damage
due to fatigue, corrosion, and accidental damage), or based on a
service reliability assessment (that must be supported by analysis of
systematically collected data) in lieu of the other requirements of
this section.
* * * * *

0
26. In Sec.  180.511, revise the introductory paragraph, paragraph (d)
and (g) and paragraph (h) is added to read as follows:

Sec.  180.511  Acceptable results of inspections and tests.

    Provided it conforms to other applicable requirements of this
subchapter, a tank car is qualified for use if it successfully passes
the inspections and tests set forth below conducted in accordance with
this subpart. A representation of that qualification must consist of
marking the tank in accordance with Sec.  180.515.
* * * * *
    (d) Safety system inspection. A tank car successfully passes the
safety system inspection when each thermal protection system, tank head
puncture resistance system, coupler vertical restraint system, and
system used to protect discontinuities (e.g., breakage grooves on
bottom outlets and protective housings) on the tank car conform to this
subchapter and show no indication of a defect that may reduce
reliability before the next inspection and test interval.
* * * * *
    (g) Hydrostatic test. A Class 107 tank car, the inner tank of a
Class 115 tank car, or a riveted tank car successfully passes the
hydrostatic test when it shows no leakage, distortion, excessive
permanent expansion, or other evidence of weakness that might render
the tank car unsafe for transportation service.
    (h) Service equipment. A tank car successfully passes the service
equipment inspection and test when this equipment conforms to this
subchapter and applicable provisions of Appendix D of the AAR
Specifications for Tank Cars (IBR, see Sec.  171.7 of this subchapter),
and shows no indication of a defect that may reduce reliability during
the qualification interval.

0
27. Revise Sec.  180.513 to read as follows:

Sec.  180.513  Repairs, alterations, conversions, and modifications.

    (a) To work on tank cars, a tank car facility must comply with the
applicable requirements of this subpart, the AAR Specifications for
Tank Cars (IBR, see Sec.  171.7 of this subchapter), and the owner's
requirements.
    (b) Responsibilities of Tank Car Facility. A tank car facility must
obtain the permission of the equipment owner before performing work
affecting alteration, conversion, repair, or qualification of the
owner's equipment. For the purposes of qualification and maintenance,
the tank car facility must use the written instructions furnished

by the owner or have written confirmation from the owner allowing the
use of written instructions furnished by the owner or have written
confirmation from the owner allowing the use of written instructions
furnished by another. A tank car facility must not use, copy
distribute, forward or provide to another person the owner's
confidential and proprietary written instructions, procedures, manuals,
and records without the owner's permission. A tank car facility must
report all work performed to the owner. The tank car facility must also
report observed damage, deterioration, failed components, or non-
compliant parts to the owner. A tank car facility must incorporate the
owner's Quality Assurance Program into their own Quality Assurance
Program.
    (c) Unless the exterior tank car shell or interior tank car jacket
has a protective coating, after a repair that requires the complete
removal of the tank car jacket, the exterior tank car shell and the
interior tank car jacket must have a protective coating applied to
prevent the deterioration of the tank shell and tank jacket. Previously
applied coatings that still provide effective protection need not be
covered over.
    (d) After repair, replacement, or qualification of tank car service
equipment, the tank service equipment must successfully pass the leak
test prescribed in Sec.  180.509(j).

0
29. In Sec.  180.515, paragraphs (a), (b), and (c) are revised to read
as follows:

Sec.  180.515  Markings.

    (a) When a tank car passes the required inspection and test with
acceptable results, the tank car facility must mark the date of the
inspection and test and due date of the next inspection and test
qualified on the tank car in accordance with the applicable provisions
of Appendix C of the AAR Specifications for Tank Cars (IBR, see Sec.
171.7 of this subchapter). When a tank car facility performs multiple
inspections and tests at the same time, one date may be used to satisfy
the requirements of this section. One date also may be shown when
multiple inspections and tests have the same due date. Dates displayed
on the ``consolidated stencil'' (see the applicable provisions of
Appendix C of the AAR Specifications for Tank Cars) take precedence
over dates modified, and not stenciled, pursuant to interval
adjustments for service equipment, linings, and granted alternative
inspection intervals.
    (b) Converted DOT 105, 109, 112, 114, or 120 class tank cars must
have the new specification and conversion date permanently marked in
letters and figures at least 0.95 cm (0.375 inch) high on the outside
of the manway nozzle or the edge of the manway nozzle flange on the
left side of the car. The marking may have the last numeral of the
specification number omitted (e.g., ``DOT 111A100W'' instead of ``DOT
111A100W1'').
    (c) When qualified within six months of installation and protected
from deterioration, the test date marking of a reclosing pressure
relief device is the installation date on the tank car.

0
29. In Sec.  180.517, paragraphs (a) and (b) are revised to read as
follows:

Sec.  180.517  Reporting and record retention requirements.

    (a) Certification and representation. Each owner of a specification
tank car must retain the certificate of construction (AAR Form 4-2) and
related papers certifying that the manufacture of the specification
tank car identified in the documents is in accordance with the
applicable specification. The builder's signature on the certificate of
construction and the marking of the tank car with the tank
specification is the representation that all of the appropriate
inspections and tests were successfully performed to qualify the tank
for use. The owner must retain the documents throughout the period of
ownership of the specification tank car and for one year thereafter.
Upon a change of ownership, the applicable provisions prescribed in
Section 1.3.15 of the AAR Specifications for Tank Cars (IBR, see Sec.
171.7 of this subchapter) apply. The builder of the car or a facility
performing work on the car may retain copies of relevant records.
    (b) Inspection and test reporting. Each tank car that is inspected
and tested as specified in Sec.  180.509 must have a written report, in
English, prepared according to this paragraph. Marking the tank car
with the specification (or retaining the specification marking on the
tank) is the representation that all of the appropriate inspections and
tests were performed and the results meet the tank car owner's
acceptance criteria to qualify the car for continued use. The report
may be created and retained electronically, but, upon request by FRA
for a copy of the report, it must be made available in common readable
form. The owner must retain a copy of the inspection and test reports
until successfully completing the next inspection and test of the same
type. The inspection and test report must include the following:
    (1) Type of inspection and test performed (a checklist is
acceptable);
    (2) The results of each inspection and test performed;
    (3) Tank car reporting mark and number;
    (4) Tank car specification;
    (5) Inspection and test date (month and year);
    (6) Location and description of defects found and method used to
repair each defect;
    (7) The name and address of the tank car facility and the name and
signature of inspector; and
    (8) The unique code (station stencil) identifying the facility.

0
30. Appendix D to Part 180 is added to read as follows:

Appendix D to Part 180--Hazardous Materials Corrosive to Tanks or
Service Equipment

    This list contains materials identified either by proper
shipping name in 49 CFR 172.101 or shipped under an ``n.o.s.''
shipping description that, under certain conditions, can corrode
carbon steel tanks or service equipment at a rate that may reduce
the design level of reliability and safety of the tank or equipment
to an unsafe level before the next qualification. Materials
identified on this list are considered corrosive to the tank or
service equipment.
    While every effort was made to identify materials deemed
corrosive to the tank or service equipment, owners and operators are
cautioned that this list may not be inclusive. Tank car owners and
operators are reminded of their duty to ensure that no in-service
tank will deteriorate below the specified minimum thickness
requirements in this subchapter. See Sec.  180.509(f)(3). In
addition, FRA states a tank car owner must designate an internal
coating or lining appropriately based on its knowledge of the
chemical and not rely simply on this list. Regarding future
thickness tests, this list may also be modified based on an analysis
of the test results by the car owner, the Department of
Transportation, or the Association of American Railroads' Tank Car
Committee.

Hazardous Materials Table Proper Shipping Names (See Sec.  172.101)

Acetic acid, glacial or Acetic acid solution
Aluminum chloride, solution
Arsenic acid, liquid
Arsenic acid, solid
Butyric acid
Ferric chloride, solution
Fertilizer ammoniating solution (Nitrogen fertilizer solution)
Fluoroboric acid
Fluorosilicic acid
Formaldehyde, solutions, flammable
Formaldehyde, solutions
Hydrobromic acid
Hydrochloric acid
Hydrochloric acid solution
Hydrofluoric acid and Sulfuric acid mixtures
Hydrofluoric acid
Hydrogen peroxide and peroxyacetic acid mixtures, stabilized
Hydrogen, peroxide, aqueous solutions
Hydrogen peroxide, stabilized or Hydrogen peroxide aqueous
solutions, stabilized

Hypochlorite solutions
Nitric acid
Phenyl phosphorus dichloride
Phenyl phosphorus thiodichloride
Phosphoric acid solution
Phosphoric acid, solid
Phosphorus trichloride (Phosphorus chloride)
Sodium chlorate
Sodium chlorate, aqueous solution
Sodium hydrosulfide
Sulfur, molten
Sulfuric acid
Sulfuric acid, fuming
Sulfuric acid, spent
Zinc chloride, anhydrous
Zinc chloride, solution

Materials Transported Under an ``N.O.S.'' Description

Benzoic acid (Environmentally hazardous substance, liquid, n.o.s.,
(RQ 5,000 pounds)
Bisulphites, aqueous solution, n.o.s. (Ammonium bisulfide)
Black liquor (Corrosive liquids, n.o.s. (contains sulfuric acid))
Calcium lignosulfonate (not regulated under this subchapter)
Hexanoic acid (Corrosive liquids, n.o.s. (contains hexanoic acid))
Lignin liquor (not regulated under this subchapter)
Lithium chloride (not regulated under this subchapter)
Sodium polyacrylate (not regulated under this subchapter)
Titanium sulfate solution (Corrosive liquids, n.o.s. (contains
sulfuric acid))
White liquor (not regulated under this subchapter)

    Issued in Washington, DC, on June 5, 2012, under authority
delegated in 49 CFR Part 106.
Cynthia Quarterman,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2012-13960 Filed 6-22-12; 8:45 am]
BILLING CODE 4910-60-P