[Federal Register: November 17, 2006 (Volume 71, Number 222)]
[Notices]
[Page 67015-67016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no06-105]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Hazardous Materials: Improving the Safety of Railroad Tank Car
Transportation of Hazardous Materials
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of public meeting.
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SUMMARY: PHMSA and FRA are conducting a comprehensive review of design
and operational factors that affect rail tank car safety. The two
agencies invite interested persons to participate in a public meeting
to address potential improvements to the design of hazardous materials
tank cars that would enhance overall safety and security.
DATES: Public meeting: December 14, 2006, starting at 9 a.m. and ending
at 5 p.m.
ADDRESSES: Public meeting: The meeting will be held at the Hilton
Garden-Franklin Square Hotel, 815 14th Street, NW., Washington, DC
20005. For information on the facilities or to request special
accommodations at the meeting, please contact Ms. Michele M. Sampson by
telephone or e-mail as soon as possible.
Written Comments: Written comments, identified by Docket Number
FRA-2006-25169, may be submitted by any of the following methods:
Web Site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the agency name and
docket number for this notice. Internet users may access comments
received by DOT at. Note that comments received may be posted without
change to http://dms.dot.gov including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Michele M. Sampson
Michele.Sampson@dot.gov), Railroad Safety Specialist, Federal Railroad
Administration, 1120 Vermont Ave., NW., Washington, DC 20590 (202-493-
6475) or Lucinda Henriksen (Lucinda.Henriksen@dot.gov), Trial Attorney,
Office of Chief Counsel, Federal Railroad Administration, 1120 Vermont
Ave., NW., Washington, DC 20590 (202-493-1345).
SUPPLEMENTARY INFORMATION: The Federal hazardous materials
transportation law (Federal hazmat law, 49 U.S.C. 5101 et seq., as
amended by section 1711 of the Homeland Security Act of 2002, Public
Law 107-296 and Title VII of the 2005 Safe, Accountable, Flexible and
Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU))
authorizes the Secretary of the Department of Transportation (DOT) to
``prescribe regulations for the safe transportation, including
security, of hazardous material in intrastate, interstate, and foreign
commerce.'' The Secretary has delegated this authority to the Pipeline
and Hazardous Materials Safety Administration (PHMSA).
The Secretary of Transportation also has authority over all areas
of railroad safety (49 U.S.C. 20101 et seq.), and has delegated this
authority to the Federal Railroad Administration (FRA). FRA has issued
a comprehensive set of Federal regulations governing the safety of all
facets of freight and passenger railroad operations (49 CFR parts 200-
244). FRA inspects railroads and shippers for compliance with both FRA
regulations and Hazardous Materials Regulations (HMR; 49 CFR parts 171-
180). FRA also conducts research and development to enhance railroad
safety.
On May 24, 2006, PHMSA and FRA published a notice of public meeting
(71 FR 30019) announcing initiation of a comprehensive review of design
and operational factors that affect the safety of railroad tank car
transportation of hazardous materials. As indicated in the notice,
PHMSA and FRA are utilizing a risk management approach to identify ways
to enhance the safe transportation of hazardous materials in tank cars,
including tank car design, manufacture, and requalification;
operational issues such as human factors, track conditions and
maintenance, wayside hazard detectors, and signals and train control
systems; and emergency response. Initially, PHMSA and FRA did not
intend for the review to consider security issues, in part because
PHMSA and FRA have been working closely with the Transportation
Security Administration on developing proposed regulations to enhance
the security of rail shipments of hazardous materials. Upon further
consideration, PHMSA and FRA have decided to slightly expand the topics
under review to consider enhancements and improvements to railroad tank
cars transporting hazardous materials that may enhance the security of
these cars.
To facilitate public involvement in this review, PHMSA and FRA held
a public meeting on May 31 and June 1, 2006 (see 71 FR 30019). The
primary purpose of the public meeting was to surface and prioritize
issues relating to the safe transportation of hazardous materials by
railroad tank car. Subsequent to the meeting, FRA
[[Page 67016]]
established a public docket (Docket No. FRA-2006-25169) to provide all
interested parties with a central location to both send and review
relevant information concerning the safety of railroad tank car
transportation of hazardous materials (July 3, 2006; 71 FR 37974).
PHMSA and FRA have scheduled a second public meeting as part of
DOT's comprehensive review. The meeting will be held on the date
specified in the DATES section of this document and at the location
specified in the ADDRESSES section of this document. Although DOT's
review includes both tank car design and operational factors that
affect railroad tank car safety, this public meeting is intended to
focus on the issue of potential improvements to hazardous materials
tank cars themselves.
PHMSA and FRA encourage all interested persons to participate in
this meeting. The agencies intend that this meeting will provide an
opportunity to build upon several issues raised in the initial public
meeting. Additionally, through this meeting, the agencies intend to
solicit any relevant comments, information, or data interested parties
may be able to provide regarding potential enhancements or
modifications to hazardous materials tank cars in order to improve the
overall safety and security of hazardous materials shipments via
railroad tank car. Although the agencies are interested in any
comments, information, or data relevant to improving tank car design,
manufacture, or requalification, the agencies specifically request data
related to the following questions:
1. What new designs, materials, or structures should DOT be
investigating for improved accident/derailment survivability of
hazardous materials tank cars?
2. Regarding tank car top fittings--are there any design changes
that would enhance the survivability of the top fittings (e.g.,
modifications to height or placement of valves or modifications to the
protective structure that surrounds the valves)?
3. Regarding tank car puncture resistance (including the puncture
resistance of the head and shell of tank cars)--are there any design,
material, or manufacturing changes that could lead to improved tank car
puncture resistance?
4. In addition to accident survivability, are there any other
aspects of the tank cars (e.g., improved security of operating
fittings, or an ability to locate cars beyond current car movement
reporting systems), that could improve the overall safety and security
of hazardous materials shipments via railroad tank car?
5. In addition to accident survivability, should tank cars be
designed to withstand other types of extraordinary events (e.g.,
ballistic attack or unauthorized access to tank car valving)?
6. The hazardous materials regulations now include performance
standards for coupler vertical restraint systems, pressure relief
devices, tank-head puncture-resistance systems, thermal protection
systems, and service equipment protection. In addition to, or instead
of any other improvement made to future tank cars, are these standards
adequate for future tank cars? If not, in what areas and aspects are
improvements needed?
7. How should PHMSA and FRA consider risk factors in determining
whether to require tank car safety and security enhancements? For
example, should PHMSA and FRA consider the risk of the car/commodity
pair so that improvements would first apply to the car/commodity pairs
considered to have the greatest risk or for which the car/commodity
pair will benefit most from the improvement? What other risk factors
should be considered?
8. Would installation of bearing sensors or other on-board
tracking/monitoring systems capable of monitoring, for example, tank
car pressure, temperature, and safety conditions, improve the safety
and security of hazardous materials shipments by railroad tank car? If
so, what is the feasibility of implementing such a system on hazardous
materials tank cars?
9. Would installation of electronically controlled pneumatic brake
systems on tank cars improve the safety of hazardous materials
shipments by railroad tank car by, for example, helping to prevent
derailments and shortening stopping distances? If so, what is the
feasibility of implementing such brake systems on hazardous materials
tank cars?
Although PHMSA and FRA are specifically requesting comments in
response to the above questions, we invite persons to comment and/or
provide specific data on any other potential improvements to railroad
tank cars that could lead to improving the overall safety and security
of the transportation of hazardous materials by tank car. The agencies
ask that commenters provide data in the most detail possible, including
costs of design, installation, and maintenance. We also specifically
solicit expert discussion of the issues surrounding construction of new
tank cars and implementation of a retrofit requirement for any
potential new requirements on the design, manufacture, or maintenance
of existing tank cars.
The agencies also invite interested parties who are unable to
attend the public meeting, or who otherwise desire to submit written
comments or data responsive to the questions raised above, to submit
any relevant information, data, or comments to the DOT Docket
Management System Docket Number FRA-2006-25169. Comments may be
submitted by any method noted in the ADDRESSES section above.
Issued in Washington, DC on November 13, 2006, under authority
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E6-19413 Filed 11-16-06; 8:45 am]
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