PHMSA Rail Hazmat Safety ANPRM

Today the Pipeline and Hazardous Material Safety Administration (PHMSA) published the advance notice of proposed regulations that I discussed earlier in today’s Federal Register (78 FR 54849-54861). The proposed rule is a response to eight petitions from the regulated community and four recommendations from the Nation Transportation Safety Board (NTSB) for changes to requirements for the rail shipment of hazardous materials.

The petitions addressed include:

P-1507 – Eastman Chemical suggests revising §174.50 to provide FRA greater discretion in authorizing car movement;

P-1519 – CGA suggests revising §173.314 Note 5 to clearly indicate that the liquid portion of the gas must not completely fill the tank prior to reaching the pressure setting of the regulating valves or the safety relief valve, whichever is lower;

P-1547 – Carroll Welding Supply suggests revising the regulations by revising ton tank repair, maintenance, and marking regulations for consistency with existing regulations for DOT 3-series cylinders since ton tanks share more in common with these cylinders than tank cars;

P-1548 – The ACC is suggests that PHMSA incorporate Special Permit DOT SP-13219 into the HMR;

P-1577 – The AAR suggests new standards for DOT Specification 111 tank cars for PG I and PG II materials based on findings and recommendations created by AAR's Tank Car Committee;

P-1587 - The Village of Barrington, Illinois and The Regional Answer to Canadian National suggest that PHMSA adopt NTSB Recommendation R-07-04, R-12-5, R-12-6, R-12-7, and R-12-8;

P-1595 – The ACC, API, and CI suggest that PHMSA institute a separate rulemaking to specifically address new tank car construction standards for ethanol and crude oil in PG I and II; and

P-1612 – The ACC, API, CI, and RFA suggest that PHMSA act expeditiously by issuing a direct final rule to implement the changes P-1577 and the T87.6 Task Force Summary Report for ethanol and crude oil.

Public comments keyed to the petition number are being solicited by PHMSA. Comments may be submitted via the Federal eRulemaking Portal (www.Regulations.gov; Docket # PHMSA-2012-0082). Comments must be submitted by November 5^th, 2013.