80 FR 22778 - Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 80, Issue 78 (April 23, 2015)
Federal Railroad Administration
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 80, Issue 78 (April 23, 2015)
| Page Range | 22778-22779 | |
| FR Document | 2015-09437 |
[Federal Register Volume 80, Number 78 (Thursday, April 23, 2015)] [Notices] [Pages 22778-22779] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09437] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [FRA Safety Advisory 2015-02] Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2015-0118, Notice No. 15-11] Hazardous Materials: Information Requirements Related to the Transportation of Trains Carrying Specified Volumes of Flammable Liquids AGENCY: Federal Railroad Administration (FRA) and Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of safety advisory. ----------------------------------------------------------------------- SUMMARY: FRA and PHMSA are issuing this notice to remind railroads operating a ``high hazard flammable train'' (HHFT)--defined as a train comprised of 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block, or a train with 35 or more loaded tank cars of a Class 3 flammable liquid across the entire train--as well as the offerors of Class 3 flammable liquids transported on such trains, that certain information may be required by PHMSA and/or FRA personnel during the course of an investigation immediately following an accident. FOR FURTHER INFORMATION CONTACT: Karl Alexy, Staff Director, Hazardous Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-6245, or via email: [email protected]; and Richard Raksnis, Director Field Services, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone (202) 366-4455 or, via-email: [email protected]. SUPPLEMENTARY INFORMATION: Due to recent derailments involving HHFTs, FRA and PHMSA have conducted several post-accident investigations and wish to ensure that stakeholders are fully aware of each agency's investigative authority and cooperate with agency personnel conducting such investigations, where time is of the essence in gathering evidence. Therefore, PHMSA and FRA are issuing this Safety Advisory notice to remind railroads operating HHFTs, and offerors of Class 3 flammable liquids being transported aboard those trains, of their obligation to provide PHMSA and FRA, as expeditiously as possible, with information agency personnel need to conduct investigations immediately following an accident or incident. Federal law authorizes the Secretary of Transportation (Secretary) to investigate rail accidents. Among other things, related to railroad safety generally, the Department can subpoena witness testimony, inspect track, cars, and other equipment, and require (including by subpoena) the production of records and other evidence. 49 U.S.C. 20107, 20902 \1\ FRA's regulations set forth its general accident investigation procedures at 49 CFR 225.31. --------------------------------------------------------------------------- \1\ The FRA Administrator may exercise this investigative authority pursuant to a delegation from the Secretary. 49 CFR 1.88(c), 1.89(a). --------------------------------------------------------------------------- Federal law also authorizes the Secretary to investigate accidents involving hazardous materials, 49 U.S.C. 5121, and in so doing require (including by subpoena) the production of records, inspect packages, and gather other evidence. Where Federal law requires the maintenance of records related to hazardous materials transportation, Section 5121 obligates those responsible for maintaining such records to provide them to DOT personnel during the course of such investigations. PHMSA has promulgated rules at 49 CFR part 109 establishing investigative procedures for that agency under this authority.\2\ The Secretary has also delegated FRA the authority to investigate rail accidents and incidents involving the transportation of hazardous material for compliance with the Federal hazardous materials transportation law (49 U.S.C. 5101 et seq.) and its implementing regulations. See 49 CFR 1.89(j). Stakeholder cooperation with a PHMSA or FRA investigation following an accident is critically important to transportation safety. Thus, PHMSA and FRA issue this joint Safety Advisory to remind stakeholders of their obligations to maintain and make available records concerning hazardous materials transportation in accordance with law and DOT regulations, and to explain that the following information is likely to prove important to PHMSA and FRA personnel during the course of an investigation--and thus should be [[Page 22779]] provided as expeditiously as possible, upon request: --------------------------------------------------------------------------- \2\ The PHMSA Administrator may exercise this investigative authority pursuant to a delegation of the Secretary. 49 CFR 1.96 and 1.97. ---------------------------------------------------------------------------Information on the train consist, including the train number, locomotive(s), locomotives as distributed power, end-of-train device information, number and position of tank cars in the train, tank car reporting marks, and the tank car specifications and relevant attributes \3\ of the tank cars in the train. --------------------------------------------------------------------------- \3\ Relevant attributes include information related to thermal protection, shell and head thickness, steel specification and grade, head shield, and pressure relief valve setting. --------------------------------------------------------------------------- Waybill (origin and destination) information. The Safety Data Sheet(s) (SDS), or any other document used to provide comprehensive emergency response and incident mitigation information. Results of any product testing undertaken prior to transportation that was used to properly characterize the Class 3 flammable liquids for transportation (initial testing). Results from any analysis of product samples (taken prior to being offered into transportation) from tank car(s) involved in the derailment. Date of acceptance as required to be noted on shipping papers under 49 CFR 174.24. If a flammable liquid is involved, the type of liquid and the name and location of the company extracting the material.\4\ --------------------------------------------------------------------------- \4\ For a manufactured flammable liquid, the manufacturer will be identified on the SDS. --------------------------------------------------------------------------- The identification of the company having initial testing performed (sampling and analysis of material) and information on the lab (if external) conducting the analysis. Name and location of the company transporting the material from well head to loading facility or terminal. Name and location of the company that owns and that operates the terminal or loading facility that loaded the product for rail transportation. Name of the Railroad(s) handling the tank car(s) at any time from point of origin to destination and a timeline of handling changes between railroads. FRA and PHMSA encourage railroad industry members to take actions that are consistent with the preceding discussion and to take other complementary actions to help ensure the safety of the Nation's railroads. FRA and PHMSA may modify this Safety Advisory, issue additional safety advisories, or take other appropriate actions necessary to ensure the highest level of safety on the Nation's railroads, including pursuing other corrective measures under their safety authority. Issued in Washington, DC on April 17, 2015. Timothy P. Butters, Acting Administrator, Pipeline and Hazardous Materials Safety Administration. Sarah E. Feinberg, Acting Administrator, Federal Railroad Administration. [FR Doc. 2015-09437 Filed 4-22-15; 8:45 am] BILLING CODE 4910-60-P
![22778 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices
petition, is available for review online at Issued in Washington, DC, on April 14, investigations, where time is of the
www.regulations.gov and in person at 2015. essence in gathering evidence.
the U.S. Department of Transportation’s Ron Hynes, Therefore, PHMSA and FRA are issuing
Docket Operations Facility, 1200 New Director, Office of Technical Oversight. this Safety Advisory notice to remind
Jersey Avenue SE., W12–140, [FR Doc. 2015–09545 Filed 4–22–15; 8:45 am] railroads operating HHFTs, and offerors
Washington, DC 20590. The Docket BILLING CODE 4910–06–P of Class 3 flammable liquids being
Operations Facility is open from 9 a.m. transported aboard those trains, of their
to 5 p.m., Monday through Friday, obligation to provide PHMSA and FRA,
except Federal Holidays. DEPARTMENT OF TRANSPORTATION as expeditiously as possible, with
information agency personnel need to
Interested parties are invited to Federal Railroad Administration conduct investigations immediately
participate in these proceedings by following an accident or incident.
submitting written views, data, or [FRA Safety Advisory 2015–02]
Federal law authorizes the Secretary
comments. FRA does not anticipate of Transportation (Secretary) to
Pipeline and Hazardous Materials
scheduling a public hearing in Safety Administration investigate rail accidents. Among other
connection with these proceedings since things, related to railroad safety
the facts do not appear to warrant a [Docket No. PHMSA–2015–0118, Notice No. generally, the Department can subpoena
hearing. If any interested party desires 15–11] witness testimony, inspect track, cars,
an opportunity for oral comment, they and other equipment, and require
Hazardous Materials: Information
should notify FRA, in writing, before (including by subpoena) the production
Requirements Related to the
the end of the comment period and of records and other evidence. 49 U.S.C.
Transportation of Trains Carrying 20107, 20902 1 FRA’s regulations set
specify the basis for their request. Specified Volumes of Flammable forth its general accident investigation
All communications concerning these Liquids procedures at 49 CFR 225.31.
proceedings should identify the Federal law also authorizes the
appropriate docket number and may be AGENCY: Federal Railroad
Administration (FRA) and Pipeline and Secretary to investigate accidents
submitted by any of the following involving hazardous materials, 49
Hazardous Materials Safety
methods: U.S.C. 5121, and in so doing require
Administration (PHMSA), DOT.
• Web site: http:// ACTION: Notice of safety advisory.
(including by subpoena) the production
www.regulations.gov. Follow the online of records, inspect packages, and gather
instructions for submitting comments. SUMMARY: FRA and PHMSA are issuing other evidence. Where Federal law
requires the maintenance of records
• Fax: 202–493–2251. this notice to remind railroads operating
a ‘‘high hazard flammable train’’ related to hazardous materials
• Mail: Docket Operations Facility, transportation, Section 5121 obligates
(HHFT)—defined as a train comprised
U.S. Department of Transportation, 1200 of 20 or more loaded tank cars of a Class those responsible for maintaining such
New Jersey Avenue SE., W12–140, 3 flammable liquid in a continuous records to provide them to DOT
Washington, DC 20590. block, or a train with 35 or more loaded personnel during the course of such
• Hand Delivery: 1200 New Jersey tank cars of a Class 3 flammable liquid investigations. PHMSA has promulgated
Avenue SE., Room W12–140, across the entire train—as well as the rules at 49 CFR part 109 establishing
Washington, DC 20590, between 9 a.m. offerors of Class 3 flammable liquids investigative procedures for that agency
and 5 p.m., Monday through Friday, transported on such trains, that certain under this authority.2 The Secretary has
except Federal Holidays. information may be required by PHMSA also delegated FRA the authority to
and/or FRA personnel during the course investigate rail accidents and incidents
Communications received by June 8, involving the transportation of
2015 will be considered by FRA before of an investigation immediately
following an accident. hazardous material for compliance with
final action is taken. Comments received the Federal hazardous materials
after that date will be considered as far FOR FURTHER INFORMATION CONTACT: Karl
transportation law (49 U.S.C. 5101 et
as practicable. Alexy, Staff Director, Hazardous seq.) and its implementing regulations.
Materials Division, Office of Technical See 49 CFR 1.89(j). Stakeholder
Anyone is able to search the Oversight, FRA, 1200 New Jersey
electronic form of any written cooperation with a PHMSA or FRA
Avenue SE., Washington, DC 20590; investigation following an accident is
communications and comments (202) 493–6245, or via email:
received into any of our dockets by the critically important to transportation
karl.alexy@dot.gov; and Richard safety. Thus, PHMSA and FRA issue
name of the individual submitting the Raksnis, Director Field Services, Office
comment (or signing the document, if this joint Safety Advisory to remind
of Hazardous Materials Safety, Pipeline stakeholders of their obligations to
submitted on behalf of an association, and Hazardous Materials Safety maintain and make available records
business, labor union, etc.). In Administration, U.S. Department of concerning hazardous materials
accordance with 5 U.S.C. 553(c), DOT Transportation, 1200 New Jersey Ave. transportation in accordance with law
solicits comments from the public to SE., Washington, DC 20590. Telephone and DOT regulations, and to explain
better inform its processes. DOT posts (202) 366–4455 or, via-email: that the following information is likely
these comments, without edit, including Richard.raksnis@dot.gov. to prove important to PHMSA and FRA
any personal information the
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SUPPLEMENTARY INFORMATION: Due to personnel during the course of an
commenter provides, to recent derailments involving HHFTs, investigation—and thus should be
www.regulations.gov, as described in FRA and PHMSA have conducted
the system of records notice (DOT/ALL– several post-accident investigations and 1 The FRA Administrator may exercise this
14 FDMS), which can be reviewed at wish to ensure that stakeholders are investigative authority pursuant to a delegation
from the Secretary. 49 CFR 1.88(c), 1.89(a).
www.dot.gov/privacy. See also http:// fully aware of each agency’s 2 The PHMSA Administrator may exercise this
www.regulations.gov/#!privacyNotice investigative authority and cooperate investigative authority pursuant to a delegation of
for the privacy notice of regulations.gov. with agency personnel conducting such the Secretary. 49 CFR 1.96 and 1.97.
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![Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Notices 22779
provided as expeditiously as possible, • Name of the Railroad(s) handling SUMMARY: In accordance with the
upon request: the tank car(s) at any time from point of requirements of 49 U.S.C. 5117(c),
• Information on the train consist, origin to destination and a timeline of PHMSA is publishing the following list
including the train number, handling changes between railroads. of special permit applications that have
locomotive(s), locomotives as FRA and PHMSA encourage railroad been in process for 180 days or more.
distributed power, end-of-train device industry members to take actions that The reason(s) for delay and the expected
information, number and position of are consistent with the preceding completion date for action on each
tank cars in the train, tank car reporting discussion and to take other application is provided in association
marks, and the tank car specifications complementary actions to help ensure with each identified application.
and relevant attributes 3 of the tank cars the safety of the Nation’s railroads. FRA FOR FURTHER INFORMATION CONTACT:
in the train. and PHMSA may modify this Safety
• Waybill (origin and destination) Ryan Paquet, Director, Office of
Advisory, issue additional safety Hazardous Materials Special Permits
information.
advisories, or take other appropriate and Approvals, Pipeline and Hazardous
• The Safety Data Sheet(s) (SDS), or
actions necessary to ensure the highest Materials Safety Administration, U.S.
any other document used to provide
comprehensive emergency response and level of safety on the Nation’s railroads, Department of Transportation, East
incident mitigation information. including pursuing other corrective Building, PHH–30, 1200 New Jersey
• Results of any product testing measures under their safety authority. Avenue Southeast, Washington, DC
undertaken prior to transportation that Issued in Washington, DC on April 17, 20590–0001, (202) 366–4535.
was used to properly characterize the 2015.
Key to ‘‘Reason for Delay’’
Class 3 flammable liquids for Timothy P. Butters,
transportation (initial testing). Acting Administrator, Pipeline and 1. Awaiting additional information from
• Results from any analysis of Hazardous Materials Safety Administration. applicant
product samples (taken prior to being Sarah E. Feinberg, 2. Extensive public comment under
offered into transportation) from tank Acting Administrator, Federal Railroad review
car(s) involved in the derailment. Administration.
• Date of acceptance as required to be 3. Application is technically complex
[FR Doc. 2015–09437 Filed 4–22–15; 8:45 am] and is of significant impact or
noted on shipping papers under 49 CFR
174.24.
BILLING CODE 4910–60–P precedent-setting and requires
• If a flammable liquid is involved, extensive analysis
the type of liquid and the name and 4. Staff review delayed by other priority
DEPARTMENT OF TRANSPORTATION issues or volume of special permit
location of the company extracting the
material.4 Pipeline and Hazardous Materials applications
• The identification of the company Safety Administration Meaning of Application Number
having initial testing performed
Suffixes
(sampling and analysis of material) and Hazardous Materials: Delayed
information on the lab (if external) Applications N—New application
conducting the analysis. M—Modification request R—Renewal
• Name and location of the company AGENCY: Office of Hazardous Materials Request
transporting the material from well head Safety, Pipeline and Hazardous
P—Party To Exemption Request
to loading facility or terminal. Materials Safety Administration
• Name and location of the company (PHMSA), DOT. Issued in Washington, DC, on April 8,
that owns and that operates the terminal 2015.
ACTION:List of application delayed more Donald Burger,
or loading facility that loaded the
than 180 days.
product for rail transportation. Chief, General Approvals and Permits.
Reason for Estimated date
Application No. Applicant delay of completion
Modification to Special Permits
15642–M .......................................... Praxair Distribution, Inc., Danbury, CT ..................................................... 4 04–13–2015
11903–M .......................................... Comptank Corporation, Bothwell, ON ....................................................... 4 04–10–2015
13961–M .......................................... 3AL Testing Corp., Centennial, CO .......................................................... 4 05–10–2015
11914–M .......................................... Cascade Designs, Inc., Seattle, WA ......................................................... 4 4–21–2015
15393–M .......................................... Savannah Acid Plant LLC, Savannah, GA ............................................... 3 04–30–2015
8451–M ............................................ Special Devices, Inc., Mesa, AR ............................................................... 4 04–30–2015
15767–N .......................................... Union Pacific Railroad Company, Omaha, NE ......................................... 1 05–20–2015
16001–N .......................................... VELTEK ASSOCIATES, INC., Malvern, PA ............................................. 4 05–31–2015
16190–N .......................................... Digital Wave Corporation, Centennial, CO ............................................... 4 05–20–2015
16198–N .......................................... Fleischmann’s Vinegar Company, Inc., CERRITOS, CA ......................... 4 04–15–2015
16181–N .......................................... Arc Process, Inc., Pflugerville, TX ............................................................ 4 05–13–2015
16212–N .......................................... Entegris, Inc., Billerica, MA ....................................................................... 4 04–30–2015
16220–N .......................................... Americase, Waxahache, TX ...................................................................... 4 04–30–2015
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16193–N .......................................... CH&I Technologies, Inc., Santa Paula, CA .............................................. 4 05–20–2015
16261–N .......................................... Dexsil Corporation, Hamden, CT .............................................................. 4 05–31–2015
16238–N .......................................... Entegris, Inc., Billerica, MA ....................................................................... 4 05–20–2015
16241–N .......................................... Linde Gas North America LLC, Murray Hill, NJ ........................................ 4 04–15–2015
16274–N .......................................... Matheson Tri-Gas, Inc., Longmont, CO .................................................... 4 05–31–2015
3 Relevant attributes include information related steel specification and grade, head shield, and 4 For a manufactured flammable liquid, the
to thermal protection, shell and head thickness, pressure relief valve setting. manufacturer will be identified on the SDS.
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Document Created: 2015-12-16 08:41:03
Document Modified: 2015-12-16 08:41:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of safety advisory. | |
| Contact | Karl Alexy, Staff Director, Hazardous Materials Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 493-6245, or via email: [email protected]; and Richard Raksnis, Director Field Services, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone (202) 366-4455 or, via-email: [email protected] | |
| FR Citation | 80 FR 22778 |
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