[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Notices]
[Page 30019-30020]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my06-148]
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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 the Federal Railroad Administration (FRA) invite
interested persons to participate in a public meeting to address the
safe transportation of hazardous materials in railroad tank cars. PHMSA
and FRA are initiating a comprehensive review of design and operational
factors that affect rail tank car safety.
DATES: Public meeting: May 31-June 1, 2006, starting at 9 a.m. and
ending at 5 p.m. both days.
ADDRESS: Public meeting: The Hotel George, 15 E Street, NW.,
Washington, DC 20001.
Oral presentations: Any person wishing to present an oral statement
should notify Lucinda Henriksen, by telephone, e-mail, or in writing,
at least four business days before the date of the public meeting. Oral
statements will be limited to 15 minutes. For information on facilities
or services for persons with disabilities or to request special
assistance at the meetings, contact Ms. Henriksen by telephone or e-
mail as soon as possible.
FOR FURTHER INFORMATION CONTACT: 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) or William S. Schoonover
William.Schoonover@dot.gov), Staff Director, Hazardous Materials
Division, Federal Railroad Administration, 1120 Vermont Avenue, NW.,
Washington, DC 20590, (202-493-6050).
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 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 Hazardous Materials Regulations (HMR: 49 CFR parts 171-180)
promulgated by PHMSA under the mandate in section 5103(b) govern safety
aspects, including security, of the transportation of hazardous
material the Secretary considers appropriate. The Hazardous Materials
Regulations--or HMR--are designed to achieve three goals:
(1) To ensure that hazardous materials are packaged and handled
safely during transportation;
(2) To provide effective communication to transportation workers
and emergency responders of the hazards of the materials being
transported; and
(3) To minimize the consequences of an incident should one occur.
The hazardous material regulatory system is a risk management
system that is prevention-oriented and focused on identifying a safety
or security hazard and reducing the probability and quantity of a
hazardous material release. We collect and analyze data on hazardous
materials--incidents, regulatory actions, and enforcement activity--to
determine the safety and security risks associated with the
transportation of hazardous materials and the best ways to mitigate
those risks. Under the HMR, hazardous materials are categorized by
analysis and experience into hazard classes and packing groups based
upon the risks they present during transportation. The HMR specify
appropriate packaging and handling requirements for hazardous
materials, and require a shipper to communicate the material's hazards
through use of shipping papers, package marking and labeling, and
vehicle placarding. The HMR also require shippers to provide emergency
response information applicable to the specific hazard or hazards of
the material being transported. Finally, the HMR mandate training
requirements for persons who prepare hazardous materials for shipment
or who transport hazardous materials in commerce. The HMR also include
operational requirements applicable to each mode of transportation.
The Secretary of Transportation also has authority over all areas
of railroad
[[Page 30020]]
safety (49 U.S.C. 20101 et seq.), and has delegated this authority to
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 and PHMSA regulations. FRA also conducts
research and development to enhance railroad safety.
Railroads carry over 1.7 million shipments of hazardous materials
annually, including millions of tons of explosive, poisonous,
corrosive, flammable and radioactive materials. The need for hazardous
materials to support essential services means transportation of highly
hazardous materials is unavoidable. However, these shipments frequently
move through densely populated or environmentally sensitive areas where
the consequences of an incident could be loss of life, serious injury,
or significant environmental damage.
In the last several years, there have been a number of rail tank
car accidents in which the car was breached and product lost on the
ground or into the atmosphere. Of particular concern have been
accidents involving materials that are poisonous, or toxic, by
inhalation (TIH materials). For example, on January 18, 2002, in Minot,
ND, one person was killed and 11 more were seriously injured when a
Canadian Pacific Railway train derailed. Five tank cars carrying
anhydrous ammonia catastrophically ruptured, and a vapor plume covered
the derailment site and surrounding area. On June 28, 2004, in Macdona,
TX, three people were killed and 41 were seriously injured when a Union
Pacific freight train struck a BNSF freight train. The collision
resulted in the breach of a tank car and a release of chlorine, a
poisonous gas. Property damage and environmental clean-up costs
exceeded $7 million. On January 6, 2005, in Graniteville, SC, nine
people were killed and about 75 were seriously injured when Norfolk
Southern Railway train collided with a standing train, and a tank car
carrying chlorine was breached. Total damages exceed $6.9 million. In
each of these incidents, the primary causative factor was railroad
operations, a failed tank structure, or a combination of the two. Only
with a full understanding of what happened can the necessary steps for
prevention and mitigation be identified and implemented.
PHMSA and the Federal Railroad Administration (FRA) are initiating
a comprehensive review of design and operational factors that affect
rail tank car safety. The two agencies will utilize 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. The
review will not consider security issues. 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; these regulatory proposals should be
issued for public comment in the near future.
The public safety meeting now scheduled for May 31-June 1 is
intended to kick-off the public involvement in this on-going effort
within the Department. PHMSA and FRA are primarily looking to this
meeting to surface issues and prioritize them. In addition, PHMSA and
FRA will discuss the need for additional public forums and their time
and place. Persons wishing to make statements will be afforded an
opportunity to do so and a transcript--to be made available to the
public--will be taken.
Issued in Washington, DC on May 18, 2006, under authority
delegated in 49 CFR part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety.
[FR Doc. E6-7863 Filed 5-23-06; 8:45 am]
BILLING CODE 4910-60-P