80_FR_14079 80 FR 14027 - Railworthiness Directive for Railroad Tank Cars Equipped With Certain McKenzie Valve & Machining LLC Valves

80 FR 14027 - Railworthiness Directive for Railroad Tank Cars Equipped With Certain McKenzie Valve & Machining LLC Valves

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration

Federal Register Volume 80, Issue 52 (March 18, 2015)

Page Range14027-14029
FR Document2015-06213

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

Federal Register, Volume 80 Issue 52 (Wednesday, March 18, 2015)
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)]
[Rules and Regulations]
[Pages 14027-14029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06213]


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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Chapter II

[Railworthiness Directive, Notice No. 1]


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

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

ACTION: Notice of railworthiness directive.

-----------------------------------------------------------------------

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

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

FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous 
Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey 
Avenue SE., Washington, DC 20590, telephone (202) 493-6245; 
Karl.Alexy@dot.gov.

SUPPLEMENTARY INFORMATION: Recent FRA investigations identified several 
DOT Specification 111 railroad tank cars transporting hazardous 
materials and leaking small quantities of product.\1\ One instance 
occurred during the week of January 11, 2015, and involved a train of 
100 tank cars loaded with crude oil being transported by BNSF Railway 
(BNSF) from Tioga, ND, to a refinery in Anacortes, WA. BNSF discovered 
14 tank cars leaking crude oil en route and in accordance with the 
applicable regulations, notified FRA of the releases. Upon discovery of 
the defective condition of these cars, BNSF removed the cars from the 
train (at Hauser, ID; Vancouver and Auburn, WA, respectively). When the 
train arrived at its final destination in Anacortes, the consignee, 
Tesoro Refining, discovered two additional cars leaking product. In 
all, BNSF and Tesoro identified 16 leaking tank cars from the original 
train consist.
---------------------------------------------------------------------------

    \1\ DOT Specification 111 tank cars are general purpose, 
nonpressure railroad tank cars commonly used to transport a variety 
of regulated hazardous materials, as well as nonregulated 
commodities. In 2011, through issuance of Casualty Prevention 
Circular 1232, the Association of American Railroads (AAR) adopted 
an industry standard intended to improve the crashworthiness of DOT 
Specification 111 tank cars used in crude oil and ethanol service. 
These cars, known as CPC 1232 cars, include a thicker shell, head 
protection, top fittings protection, and relief valves with a 
greater flow capacity as compared to baseline DOT Specification 111 
cars. The leaking tank cars identified in this Directive include 
both a baseline DOT 111 Specification car and CPC-1232 cars.
---------------------------------------------------------------------------

    On January 15, 2015, FRA inspected seven of the identified leaking 
tank cars that BNSF removed from the train in Vancouver. The FRA 
inspector observed crude oil on the sides of each of these cars, and 
upon inspection of each tank car's top fittings, found product leaking 
from the liquid line ball valves and around each valve's closure plug. 
FRA also found the standalone closure plugs in each of these valves 
loose. Further inspection revealed that the valve balls had visual 
signs of mechanical damage. The mechanical damage FRA observed 
indicated that the bottom face of the closure plug came in contact with 
the valve ball, consequentially preventing complete engagement of the 
closure plug.
    A second instance involved a single tank car loaded with mineral 
spirits (a Class 3 flammable liquid) found leaking on January 15, 2015, 
in a BNSF yard in Denver, CO. FRA's preliminary investigation shows 
that the leak occurred through the liquid line valve

[[Page 14028]]

while the car was en route to its destination.
    UTLX owns all 17 of the cars found leaking as described above. Each 
of the leaking cars was configured with liquid line ball valves sold by 
UTLX's affiliate, McKenzie, and each valve was configured with a 
3 standalone plug as a closure. FRA identified the leaking 
valves as 3 McKenzie UNNR threaded ball valves (McKenzie 
valves).
    McKenzie provided FRA several valve configuration drawings 
indicating that the valve was a full port valve. This configuration 
requires a 3 x 2 reducer bushing with a 
2 plug to prevent contact between the closure plug and the 
valve ball. McKenzie also informed FRA that it markets and sells the 
same design of valve in 1 and 2 models. For the 
2 valve, McKenzie specified the use of a 1 plug 
and an appropriately sized reducer.
    At FRA's request, UTLX provided FRA drawings of the top fittings 
arrangements for these cars. However, unlike the drawings provided by 
McKenzie, the UTLX drawings provided by UTLX did not include a full 
port valve with a reducer bushing. Instead, consistent with the 
physical configuration of the tank cars FRA inspected, the drawings 
showed a full port threaded valve along with a 3 plug and 
chain.
    On January 27, 2015, FRA conducted field testing of the McKenzie 
valves at UTLX's Altoona, PA, tank car repair facility. FRA tested new 
1, 2, and 3 McKenzie valves at the 
facility's valve shop. The field testing included two cycles of 
application and removal of each valve's plug. FRA found that the 
1 and 2 McKenzie valves showed no signs of 
contact between the valve ball when a 1 or 2 
closure plug was installed and tightened. However, when a 3 
closure plug was applied and tightened in the 3 McKenzie 
valve, the plug contacted and damaged the ball. The damage observed 
during this testing was consistent with the type of damage observed on 
the leaking UTLX tank cars described above.
    FRA's field testing further found that the application of downward 
force on the valve ball applied by the 3 plug resulted in 
the over-compression, damage, and misalignment of the inboard seal, 
causing the valve to leak. FRA also observed that once a valve's ball 
is damaged, when the valve is subsequently opened, the damaged surface 
of the ball also damaged the valve's top seals by tearing the seals. 
This further compromises the valve's seal. Additionally, FRA 
understands that with repeated opening and closing (exemplifying in-
service use), the valve's threads will degrade, necessitating further 
engagement of the threads during subsequent applications of the plug. 
This continual degradation of the threads will require increasingly 
more tightening of the plug, exacerbating the damage to the ball and 
seals. In summary, FRA found that normal application and tightening of 
the 3 plug in a 3 McKenzie valve destroys the 
valve seal integrity.
    FRA conducted a followup investigation at the UTLX facility in 
Altoona to perform a leak test of the 3 McKenzie valve that 
was field tested and damaged on January 27, 2015. Although the designed 
leak-free working pressure of this valve is up to 500 pounds per square 
inch (psi), the leak test procedure requires that the valve hold a 
minimum pressure of 30 psi. The subject McKenzie valve failed to retain 
the minimum 30 psi of compressed air test pressure. The valve showed 
signs of a significant leak.
    As required by Title 49 Code of Federal Regulations (CFR) 179.100-
13 and 179.200-16 of the Federal Hazardous Materials Regulations (49 
CFR parts 171-180; (HMR)), all valves applied to tanks cars must be of 
an approved design. The term ``approved is defined in 49 CFR 
179.2 as ``approved by the [AAR] Tank Car Committee.'' \2\
---------------------------------------------------------------------------

    \2\ As background, the Tank Car Committee is composed of various 
railroad industry representatives, including railroads, tank car 
shipper and owner organizations, tank car builders, and chemical and 
industry associations. FRA and the DOT's Pipeline and Hazardous 
Materials Safety Administration also participate in the Tank Car 
Committee's processes. The Tank Car Committee has traditionally been 
the body with the expertise to develop tank car design, 
construction, and maintenance standards in this country. DOT sets 
minimum tank car specifications at 49 CFR part 179, and AAR approves 
designs meeting the requirements of part 179.
---------------------------------------------------------------------------

    McKenzie provided FRA with the Association of American Railroads 
(AAR) approval letters for the McKenzie valves. While McKenzie may have 
believed these approvals were sufficient, the provided AAR approvals 
demonstrate clear inconsistencies between the type of valve design that 
AAR approved versus the design of the valve actually being used and the 
design depicted on the valve configuration drawings both McKenzie and 
UTLX provided to FRA. AAR Approval E-077035 (October 26, 2007) is a 
renewal of previous AAR approvals,\3\ and describes a 3 
standard port threaded ball valve. The original approvals that AAR 
renewed described and referred to UTLX Drawing 72916, which depicts a 
3 standard port threaded ball valve. In contrast, the 
3 McKenzie valve at issue is a full port ball valve. A full 
port valve is different from a standard port valve.\4\ The dimensions 
of the valve body that AAR approved is significantly longer than the 
bodies of the valves depicted on the McKenzie drawings and the bodies 
of the valves actually installed on the leaking tank cars. McKenzie 
also provided a copy of a September 29, 2008, application for approval 
of a 3 threaded full port valve (AAR application number E-
087016), but neither McKenzie nor AAR have provided evidence of that 
valve's subsequent approval.
---------------------------------------------------------------------------

    \3\ AAR Approval E-977030 (April 9, 1997). AAR Approval E-977030 
was a renewal of AAR Approval E-897047 (June 21, 1989), which also 
referred to UTLX Drawing 72916.
    \4\ The difference between a full port and standard port ball 
valve is the size of the ball's bore diameter as related to nominal 
pipe sizes, with the ball size being in proportion to the bore size 
diameter. The bore size in a full port valve is that of its nominal 
pipe size, where the bore size in a standard port valve is that of 
the next smallest nominal pipe size. For example, the bore diameter 
for a 3 standard port ball valve is approximately 
2.25, or one pipe size smaller, and for a full port ball 
valve, the bore diameter is approximately 3 in diameter 
(the actual size of the pipe).
---------------------------------------------------------------------------

    McKenzie provided information to FRA indicating that from 2009 
through the present, it sold approximately 11,200 of the 3 
valves to a variety of tank car owners and tank car facilities. 
McKenzie indicates that since 2012, its sales of these valves were 
predominantly to replace in-kind valves previously installed on 
existing tank cars. Further, McKenzie informed FRA that as of January 
26, 2015, the company has stopped selling the 3 valves as a 
result of the noted safety concerns. Overall, McKenzie and UTLX 
provided information leading FRA to conclude that approximately 6,000 
DOT Specification railroad tank cars are equipped with the unapproved 
3 McKenzie UNNR valves. In addition, McKenzie indicates that 
it has sold over 37,000 1 and 2 valves to a 
variety of tank car owners and tank car facilities.
    To date, FRA has identified only a small number of relatively minor 
hazardous materials leaks directly attributable to the identified 
McKenzie valves. FRA believes that the number of leaks potentially 
attributable to the identified McKenzie valves used in tank car liquid 
lines could be much higher. Based on FRA's field testing, the 
3 McKenzie valve appears to present an immediate safety 
issue in certain circumstances. While the 1 and 2 
McKenzie valves do not appear to present similar concerns, based on the 
information that AAR, McKenzie, and UTLX have provided to date, it does 
not appear that any size of the McKenzie valves (i.e., the 
1, 2, or 3 UNNR valves) are currently 
approved for use

[[Page 14029]]

on railroad tank cars. Accordingly, use of such valves on tank cars is 
in violation of the HMR. At this time, FRA is not aware of any non-
accident releases or other releases from railroad tank cars involving 
the 1 or 2 McKenzie valves, but since the valves 
have not been approved by AAR they have not been shown to be safe for 
use on railroad tank cars.
    McKenzie and UTLX have taken independent actions to address some of 
the safety concerns with the 3 valves. However, FRA believes 
those actions fail to adequately address the safety issue the valves 
present.
    Railworthiness Directive: Based on the above discussion, and acting 
under the authority granted in 49 CFR 180.509(b)(4), FRA finds that the 
continued use of railroad tank cars equipped with the unapproved 
McKenzie UNNR threaded ball valves (including the 1, 
2, and 3 UNNR valves) to transport hazardous 
materials by rail in the United States presents an unsafe operating 
condition. The use of such tank cars equipped with these valves could 
result in the release of hazardous materials. Further, the use of tank 
cars equipped with these McKenzie valves used to transport hazardous 
materials in the United States violates the requirements of the HMR. 
FRA is issuing this directive to ensure public safety, ensure 
compliance with the applicable Federal regulations governing the safe 
movement of hazardous materials by rail, and restore the railworthiness 
of all tank cars equipped with the above-described McKenzie valves.
    Upon the applicability date of this Directive, any railroad tank 
car equipped with an unapproved McKenzie UNNR threaded ball valve 
(McKenzie valve) is prohibited from being loaded with any hazardous 
material described in 49 CFR 172.101 and offered into transportation 
until the requirements listed below are met. Tank car owners \5\ of 
tank cars equipped with McKenzie valves must:
---------------------------------------------------------------------------

    \5\ The term ``tank car owners'' is as defined in 49 CFR 
180.503.
---------------------------------------------------------------------------

    (1) Identify the railroad tank cars in their fleet equipped with 
any McKenzie valve.
    (2) Provide to FRA: (a) The reporting mark and number of each car 
equipped with any McKenzie valve; and (b) the type of valve each car is 
equipped with.
    (3) Create and maintain for a minimum of 6 months from the 
applicability date of this directive a record of the inspection of each 
McKenzie valve. The record must include, at a minimum, the inspection 
date and location, as well as the results of the inspection (i.e., 
whether the valve was removed or not). The record must be made 
available to FRA for inspection upon request.
    (4) Immediately inspect the 3 McKenzie valves on each 
affected car. If any valve is configured with a 3 standalone 
plug, ensure that the car is not loaded and offered into transportation 
until that valve is replaced with an approved valve consistent with 49 
CFR part 179. In addition, any tank car equipped with an unapproved 
3 McKenzie valve is prohibited from being offered into 
transportation (whether loaded or residue) after May 12, 2015.
    (5) Immediately inspect the 1 and 2 McKenzie 
valves on each affected car. If any valve shows evidence of mechanical 
damage, ensure that the car is not loaded and offered into 
transportation until that valve is replaced with an approved valve 
consistent with 49 CFR part 179. Even if a valve is not damaged, a tank 
car equipped with an unapproved 1 or 2 McKenzie 
valve is prohibited from being offered into transportation (whether 
loaded or residue) after June 11, 2015.
    (6) Ensure that each unapproved McKenzie valve is removed and 
replaced by an entity permitted to perform such work in accordance with 
49 CFR part 179.
    (7) Ensure the valve application is properly qualified as required 
by subpart F of 49 CFR part 180.
    After tank car owners have inspected and/or replaced the unapproved 
valves on each affected tank car as required above, and have provided 
the necessary information regarding that car to FRA, tank car owners 
may load the cars with hazardous materials and offer those cars for 
transportation. Alternatively, if upon an adequate showing 
demonstrating the safety of the 1 and 2 valves, 
McKenzie obtains AAR's approval for the use of those valves on DOT 
Specification 111 tank cars, cars equipped with these 1 or 
2 McKenzie valves may be returned to hazardous materials 
service.
    Tank car owners must send the information required to be submitted 
to FRA under this Directive to:
    Mr. Randy M. Keltz, Jr., Tank Car Quality Assurance Specialist, 
Office of Railroad Safety, Federal Railroad Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590, Telephone: (202) 236-7460, 
Email: Randy.Keltz@dot.gov.
    Regardless of any entity's compliance with this directive, FRA 
reserves the right to seek civil penalties or to take any other 
appropriate enforcement action for violations of the HMR that have 
occurred. FRA will be conducting an investigation to ensure that all 
tank cars equipped with the valves in question are identified and 
repaired consistent with the requirements of this Directive.

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



                                                                      Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations                                                                        14027

                                                  Transfer and Advancement Act                                     List of Subjects in 40 CFR Part 180                                  Authority: 21 U.S.C. 321(q), 346a and 371.
                                                  (NTTAA) (15 U.S.C. 272 note).                                      Environmental protection,                                      ■ 2. In § 180.960, the table is amended
                                                  XI. Congressional Review Act                                     Administrative practice and procedure,                           by alphabetically adding an entry for ‘‘2-
                                                                                                                   Agricultural commodities, Pesticides                             Propenoic acid, polymer with ethenyl
                                                    Pursuant to the Congressional Review                           and pests, Reporting and recordkeeping                           acetate, ethenylbenzene, 2-ethylhexyl 2-
                                                  Act (5 U.S.C. 801 et seq.), EPA will                             requirements.                                                    propenoate and ethyl 2-propenoate,
                                                  submit a report containing this rule and                           Dated: March 12, 2015.                                         minimum number average molecular
                                                  other required information to the U.S.                           Susan Lewis,                                                     weight (50,149 Daltons)’’ after the entry
                                                  Senate, the U.S. House of                                        Director, Registration Division, Office of                       for ‘‘2-propenoic acid polymer, with 1,3-
                                                  Representatives, and the Comptroller                             Pesticide Programs.                                              butadiene and ethenylbenzene,
                                                  General of the United States prior to                                                                                             minimum number average molecular
                                                                                                                     Therefore, 40 CFR chapter I is                                 weight (in amu), 9400’’ to read as
                                                  publication of the rule in the Federal                           amended as follows:
                                                  Register. This action is not a ‘‘major                                                                                            follows:
                                                  rule’’ as defined by 5 U.S.C. 804(2).                            PART 180—[AMENDED]                                               § 180.960 Polymers; exemptions from the
                                                                                                                     1. The authority citation for part 180                         requirement of a tolerance.
                                                                                                                   continues to read as follows:                                    *        *       *        *       *

                                                                                                                                 Polymer                                                                                       CAS No.

                                                              *                           *                           *                          *                           *                            *                     *
                                                  2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate, minimum
                                                    number average molecular weight (50,149 Daltons) .......................................................................................................................   85075–52–1

                                                              *                           *                           *                          *                           *                            *                     *



                                                  [FR Doc. 2015–06227 Filed 3–17–15; 8:45 am]                      FRA is issuing this Railworthiness                               to a refinery in Anacortes, WA. BNSF
                                                  BILLING CODE 6560–50–P                                           Directive (Directive) to all owners of                           discovered 14 tank cars leaking crude
                                                                                                                   tank cars used to transport hazardous                            oil en route and in accordance with the
                                                                                                                   materials within the United States to                            applicable regulations, notified FRA of
                                                  DEPARTMENT OF TRANSPORTATION                                     ensure they identify and appropriately                           the releases. Upon discovery of the
                                                                                                                   remove and replace these valves with                             defective condition of these cars, BNSF
                                                  Federal Railroad Administration                                  approved valves consistent with Federal                          removed the cars from the train (at
                                                                                                                   regulations.                                                     Hauser, ID; Vancouver and Auburn,
                                                  49 CFR Chapter II                                                DATES: This Directive is effective March                         WA, respectively). When the train
                                                  [Railworthiness Directive, Notice No. 1]                         18, 2015. This Directive is applicable                           arrived at its final destination in
                                                                                                                   March 13, 2015.                                                  Anacortes, the consignee, Tesoro
                                                  Railworthiness Directive for Railroad                            FOR FURTHER INFORMATION CONTACT: Karl                            Refining, discovered two additional cars
                                                  Tank Cars Equipped With Certain                                  Alexy, Staff Director, Hazardous                                 leaking product. In all, BNSF and
                                                  McKenzie Valve & Machining LLC                                   Materials Division, Office of Technical                          Tesoro identified 16 leaking tank cars
                                                  Valves                                                           Oversight, FRA, 1200 New Jersey                                  from the original train consist.
                                                  AGENCY:  Federal Railroad                                        Avenue SE., Washington, DC 20590,                                   On January 15, 2015, FRA inspected
                                                  Administration (FRA), Department of                              telephone (202) 493–6245; Karl.Alexy@                            seven of the identified leaking tank cars
                                                  Transportation (DOT).                                            dot.gov.                                                         that BNSF removed from the train in
                                                  ACTION: Notice of railworthiness                                 SUPPLEMENTARY INFORMATION: Recent                                Vancouver. The FRA inspector observed
                                                  directive.                                                       FRA investigations identified several                            crude oil on the sides of each of these
                                                                                                                   DOT Specification 111 railroad tank                              cars, and upon inspection of each tank
                                                  SUMMARY:    Recent FRA investigations                            cars transporting hazardous materials
                                                  identified several railroad tank cars                                                                                             car’s top fittings, found product leaking
                                                                                                                   and leaking small quantities of                                  from the liquid line ball valves and
                                                  transporting hazardous materials and                             product.1 One instance occurred during
                                                  leaking small quantities of product from                                                                                          around each valve’s closure plug. FRA
                                                                                                                   the week of January 11, 2015, and                                also found the standalone closure plugs
                                                  the cars’ liquid lines. FRA’s                                    involved a train of 100 tank cars loaded
                                                  investigation revealed that the liquid                                                                                            in each of these valves loose. Further
                                                                                                                   with crude oil being transported by                              inspection revealed that the valve balls
                                                  lines of the leaking tank cars were                              BNSF Railway (BNSF) from Tioga, ND,
                                                  equipped with a certain type of 3″ ball                                                                                           had visual signs of mechanical damage.
                                                  valve marketed and sold by McKenzie                                                                                               The mechanical damage FRA observed
                                                                                                                      1 DOT Specification 111 tank cars are general
                                                  Valve and Machining (McKenzie)                                                                                                    indicated that the bottom face of the
                                                                                                                   purpose, nonpressure railroad tank cars commonly
                                                  (formerly McKenzie Valve & Machining                             used to transport a variety of regulated hazardous               closure plug came in contact with the
                                                  Company), an affiliate company of                                materials, as well as nonregulated commodities. In               valve ball, consequentially preventing
                                                                                                                   2011, through issuance of Casualty Prevention                    complete engagement of the closure
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Union Tank Car Company (UTLX). FRA                               Circular 1232, the Association of American
                                                  further found certain closure plugs                              Railroads (AAR) adopted an industry standard                     plug.
                                                  installed on the 3″ valves cause                                 intended to improve the crashworthiness of DOT                      A second instance involved a single
                                                                                                                   Specification 111 tank cars used in crude oil and
                                                  mechanical damage to the valves, which                           ethanol service. These cars, known as CPC 1232
                                                                                                                                                                                    tank car loaded with mineral spirits (a
                                                  leads to the destruction of the valves’                          cars, include a thicker shell, head protection, top              Class 3 flammable liquid) found leaking
                                                  seal integrity and that the 3″ valves, as                        fittings protection, and relief valves with a greater            on January 15, 2015, in a BNSF yard in
                                                  well as similarly-designed 1″ and 2″                             flow capacity as compared to baseline DOT                        Denver, CO. FRA’s preliminary
                                                                                                                   Specification 111 cars. The leaking tank cars
                                                  valves provided by this manufacturer                             identified in this Directive include both a baseline             investigation shows that the leak
                                                  are not approved for use on tank cars.                           DOT 111 Specification car and CPC–1232 cars.                     occurred through the liquid line valve

                                             VerDate Sep<11>2014      18:18 Mar 17, 2015      Jkt 235001    PO 00000      Frm 00033    Fmt 4700      Sfmt 4700    E:\FR\FM\18MRR1.SGM            18MRR1


                                                  14028            Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations

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

                                                  FRA also observed that once a valve’s                   Committee’s processes. The Tank Car Committee         port ball valve is the size of the ball’s bore diameter
                                                  ball is damaged, when the valve is                      has traditionally been the body with the expertise    as related to nominal pipe sizes, with the ball size
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                                                                                                          to develop tank car design, construction, and         being in proportion to the bore size diameter. The
                                                  subsequently opened, the damaged                        maintenance standards in this country. DOT sets       bore size in a full port valve is that of its nominal
                                                  surface of the ball also damaged the                    minimum tank car specifications at 49 CFR part        pipe size, where the bore size in a standard port
                                                  valve’s top seals by tearing the seals.                 179, and AAR approves designs meeting the             valve is that of the next smallest nominal pipe size.
                                                  This further compromises the valve’s                    requirements of part 179.                             For example, the bore diameter for a 3″ standard
                                                                                                            3 AAR Approval E–977030 (April 9, 1997). AAR        port ball valve is approximately 2.25″, or one pipe
                                                  seal. Additionally, FRA understands                     Approval E–977030 was a renewal of AAR                size smaller, and for a full port ball valve, the bore
                                                  that with repeated opening and closing                  Approval E–897047 (June 21, 1989), which also         diameter is approximately 3″ in diameter (the actual
                                                  (exemplifying in-service use), the                      referred to UTLX Drawing 72916.                       size of the pipe).



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                                                                   Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations                                                14029

                                                  on railroad tank cars. Accordingly, use                 car owners 5 of tank cars equipped with                replaced by an entity permitted to
                                                  of such valves on tank cars is in                       McKenzie valves must:                                  perform such work in accordance with
                                                  violation of the HMR. At this time, FRA                    (1) Identify the railroad tank cars in              49 CFR part 179.
                                                  is not aware of any non-accident                        their fleet equipped with any McKenzie                    (7) Ensure the valve application is
                                                  releases or other releases from railroad                valve.                                                 properly qualified as required by
                                                  tank cars involving the 1″ or 2″                           (2) Provide to FRA: (a) The reporting               subpart F of 49 CFR part 180.
                                                  McKenzie valves, but since the valves                   mark and number of each car equipped
                                                                                                                                                                    After tank car owners have inspected
                                                  have not been approved by AAR they                      with any McKenzie valve; and (b) the
                                                                                                                                                                 and/or replaced the unapproved valves
                                                  have not been shown to be safe for use                  type of valve each car is equipped with.
                                                                                                                                                                 on each affected tank car as required
                                                  on railroad tank cars.                                     (3) Create and maintain for a
                                                                                                                                                                 above, and have provided the necessary
                                                     McKenzie and UTLX have taken                         minimum of 6 months from the
                                                                                                                                                                 information regarding that car to FRA,
                                                  independent actions to address some of                  applicability date of this directive a
                                                                                                                                                                 tank car owners may load the cars with
                                                  the safety concerns with the 3″ valves.                 record of the inspection of each
                                                  However, FRA believes those actions                                                                            hazardous materials and offer those cars
                                                                                                          McKenzie valve. The record must
                                                  fail to adequately address the safety                                                                          for transportation. Alternatively, if upon
                                                                                                          include, at a minimum, the inspection
                                                  issue the valves present.                                                                                      an adequate showing demonstrating the
                                                                                                          date and location, as well as the results
                                                     Railworthiness Directive: Based on the                                                                      safety of the 1″ and 2″ valves, McKenzie
                                                                                                          of the inspection (i.e., whether the valve
                                                  above discussion, and acting under the                                                                         obtains AAR’s approval for the use of
                                                                                                          was removed or not). The record must
                                                  authority granted in 49 CFR                                                                                    those valves on DOT Specification 111
                                                                                                          be made available to FRA for inspection
                                                  180.509(b)(4), FRA finds that the                                                                              tank cars, cars equipped with these 1″
                                                                                                          upon request.
                                                  continued use of railroad tank cars                        (4) Immediately inspect the 3″                      or 2″ McKenzie valves may be returned
                                                  equipped with the unapproved                            McKenzie valves on each affected car. If               to hazardous materials service.
                                                  McKenzie UNNR threaded ball valves                      any valve is configured with a 3″                         Tank car owners must send the
                                                  (including the 1″, 2″, and 3″ UNNR                      standalone plug, ensure that the car is                information required to be submitted to
                                                  valves) to transport hazardous materials                not loaded and offered into                            FRA under this Directive to:
                                                  by rail in the United States presents an                transportation until that valve is                        Mr. Randy M. Keltz, Jr., Tank Car
                                                  unsafe operating condition. The use of                  replaced with an approved valve                        Quality Assurance Specialist, Office of
                                                  such tank cars equipped with these                      consistent with 49 CFR part 179. In                    Railroad Safety, Federal Railroad
                                                  valves could result in the release of                   addition, any tank car equipped with an                Administration, 1200 New Jersey
                                                  hazardous materials. Further, the use of                unapproved 3″ McKenzie valve is                        Avenue SE., Washington, DC 20590,
                                                  tank cars equipped with these McKenzie                  prohibited from being offered into                     Telephone: (202) 236–7460, Email:
                                                  valves used to transport hazardous                      transportation (whether loaded or                      Randy.Keltz@dot.gov.
                                                  materials in the United States violates                 residue) after May 12, 2015.                              Regardless of any entity’s compliance
                                                  the requirements of the HMR. FRA is                        (5) Immediately inspect the 1″ and 2″               with this directive, FRA reserves the
                                                  issuing this directive to ensure public                 McKenzie valves on each affected car. If               right to seek civil penalties or to take
                                                  safety, ensure compliance with the                      any valve shows evidence of mechanical                 any other appropriate enforcement
                                                  applicable Federal regulations                          damage, ensure that the car is not                     action for violations of the HMR that
                                                  governing the safe movement of                          loaded and offered into transportation                 have occurred. FRA will be conducting
                                                  hazardous materials by rail, and restore                until that valve is replaced with an                   an investigation to ensure that all tank
                                                  the railworthiness of all tank cars                     approved valve consistent with 49 CFR                  cars equipped with the valves in
                                                  equipped with the above-described                       part 179. Even if a valve is not damaged,              question are identified and repaired
                                                  McKenzie valves.                                        a tank car equipped with an unapproved                 consistent with the requirements of this
                                                     Upon the applicability date of this                  1″ or 2″ McKenzie valve is prohibited                  Directive.
                                                  Directive, any railroad tank car                        from being offered into transportation
                                                  equipped with an unapproved                                                                                      Issued in Washington, DC, on March 13,
                                                                                                          (whether loaded or residue) after June                 2015.
                                                  McKenzie UNNR threaded ball valve                       11, 2015.
                                                  (McKenzie valve) is prohibited from                                                                            Robert C. Lauby,
                                                                                                             (6) Ensure that each unapproved
                                                  being loaded with any hazardous                         McKenzie valve is removed and                          Associate Administrator for Railroad Safety,
                                                  material described in 49 CFR 172.101                                                                           Chief Safety Officer.
                                                  and offered into transportation until the                 5 The term ‘‘tank car owners’’ is as defined in 49   [FR Doc. 2015–06213 Filed 3–17–15; 8:45 am]
                                                  requirements listed below are met. Tank                 CFR 180.503.                                           BILLING CODE 4910–06–P
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Document Created: 2018-02-21 09:39:42
Document Modified: 2018-02-21 09:39:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of railworthiness directive.
DatesThis Directive is effective March 18, 2015. This Directive is applicable March 13, 2015.
ContactKarl Alexy, Staff Director, Hazardous Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590, telephone (202) 493-6245; [email protected]
FR Citation80 FR 14027 

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