Document wKRn6rr60bLdK0npbXGbyV1mD

/) TO: Distribution TGG: JCL: MMG: RF XF: /SmT Interoffice Communication FROM: DATE: SUBJ: T. G. Grumbles October 16, 1985 "EMPTY" PLACARD DESCRIPTION CHANGE VISTA Further to my memo of October 9, enclosed is the Federal Register notice requiring the "empty" placard notation change by October 1, 1986 to read "residue". Please assure appropriate steps are taken in the next year to assure placards and documentation are changed. Thomas G. Grumbles ajo/8 Attachment cc Ray DeYoung Bill Tuzinkeiwic2 DISTRIBUTION: Joe Higgenbotham Martin Ticar Jack McLaughlin Tom Randolph Roland Key John Coffman Art Russell VVV 000017217 . 3 'WJl A-Voh BOr.ttor 187" /^Thursday; <September 26; 1985'4 RuleaVaTttJ'.RegWaltofnr^' ---------------------- - comments MTBccaxniadeB that EMPTY to-RESIDUEtn the V-- subatitutakfor^he word '/empty", on.tb*^r emergency response^otuiderfftlons' - -' s' paragraph ic) and in the third line of " shipping paperbecauaathe name used-.i*: overwhelmingly favor the use of the- - paragraph fc).-Paragraph (c)(1) is also V* for ahipping, sevaraLmateriala that an:*?;- RESIDUEplacard and that the final rule reworded for clarity. * -,' not subject toiheHMR contain the word- should be revised froni.what was - i 5. Section 172.525. and accompanying. ; '>, r `'residua''ior "reaiduaL,vMTB reviewed; -. proposed inlhe NPRM, Further, MTB. paragraph (c)(10) in Appendix B to Part the words ``residue", "residual'!; and the: . believes that the shipping paper entries ; 172 which contains the specifications for ' / ' . "residuum,`-aB listed in the Uniform- for a tank car which.contains only the - - - the EMPTY placard, have the placard Freight Classification (UFC) 6000 and *. residue of a hazardous material should... name changed from EMPTY to '.. concluded that of the 47 line entries show, the same hazardwarning asthe . " RESIDUE.................. i^.contfliningthesBWordSvfive have names revised placard. Therefore* the-ruie ia -vw 6. Paragraph (b)(3) of $ 173.190, thatcouidbe confused with the.- tsrjrt. ,:s- changed accordingty^Tha placarding- prescribes the EMPTY-FLAMMABLE V. - description of hazardous materiale, - ! - requirements are revised from EMPTY-;::: it :^- . However.-becauseof the format of the ',t. taRESIDUE-foratankcar which.-v: i>:;` .-descriptionof aha2ardousmaterial on "contains only the residue of a hazardous:: i *'' the shipping pap*er, teH-.:`RESIDUE; Last w materiaL This rule change should . ___ SOLID placarding requirements for tank u.` care which contain the-residue of white ~ or yellow Phosphorus. Since this final': i-r. rule changes the placard name from *r' X~';\ Contained Sulfuric acid. Corrosive ....- ... :,< .. materialsUN1830". there should be no4-. ;.: confnsninwithUFC-entries_:^' . :,r,... *-<-/ - Five chemical industry:commenters , <i - ' and Eve raiLcarriers.: all ofwhom use tank can^to transport hazardous.. 4^^^BMderials, requested that the present f^^^requirementa foeJhe EMPTY, placard not , | ^K^be changed. When making up trains, the I EM^xi placard la used operationally by rail carnet personnel io help them-/. . ; identify the correct,tank cars when they* are.switching; humping and sorting cars. The rail camera made the point that the - ! - EMPTY.placard.contributed to the. . safety of those-rait employees involved in rail car switching* placement, and humping operations. MTB believes the RESIDUE placard ban be used in rail car operations in the same manner as the EMPTY placard is now used. Several commenters who use tank cars regularly emphasized the faetthat the residues of resolve the problems emergency < response personnel were.havicg -with ' .. the EMPTY placard.zuid still -indicate a difference between a tank tarthat is -- loaded and one.that contains oniy the residue of hazardous materiaL Revision... of the placard will also improve hazard communication by.removing the black \ 'i triangle from the top of the placard, thus allowing display of the hazard symboL-' There should be no significant . difference between the purchase price of. the EMPTY placard presently required by the regulations and the RESIDUE placard that will be required by this- . . amendment. In addition, the cost of placing the placards on the tank cars would be the same. A year is given from. the publication date of this rule for the change over to the RESIDUE placard, during which time on-hand stocks of the EMPTY placard should be depleted. EMPTY to RESIDUE, the placarding requirement for Phosphorus in. -v'lr' 173.190(b)(3) is changed to- -i-a-:, .'-it.. FLAMMABLE SOLID-RESIDUE,. .. - - 7. Paragraph (c) of 174.25 Is amended *" by revising the-paragraph to make the requirement consistentwith the shipping, t: paper requirements in Subpart Gto Part.... 172, >:-7f*r :w.w. ': * * -truuM'? 8. Paragraph (*) of.5174.50 is revised **' for clarity by rewording the requirement that no-open-flame light may be brought-:- near any placarded tank car that is: v leaking. -*; _ :. r' - ~r 9. Section 174.69`is revised to restate*": the requirement that the person who is ' responsible for removing the lading from. a tank car is also responsible for. - assuring that if the tank car contains the residue of a hazardous material it is . properly placarded before it is offered for transportation ... . .... . _ some hazardous materials present a IV. Review by Sections 10. The sectioniitle and the text greater hazard during a fire than tank 1. Section 171.8 is revised by adding a 1 174.93 are revised for consistency and cars which contain bulk loads of those definition for "Residue". This definition clarity to change the car placement | same materials. MTB believes this was not proposed in the notice, but requirements for EMPTY placarded tank evaluation is correct. Three safety or commenters to the HM-180 Notice cars to reflect the change to the emergency response organizations and requested that "Residue" be defined. RESIDUE placard. six chemical industry commenters From this definition one can determine recommended adoption of a RESIDUE or the maximum quantity of hazardous V. Administrative Notice RESIDUAL placard to replace the material that is contained in a tank car A. Executive Order 12291. MTB has present EMPTY placard. Eighteen placarded with the RESIDUE placard. determined the affect of this final rule . commenters supported the MTB 2. Paragraph (e) of 172.203 is revised will not meet the criteria specified in proposal contained in the NPRM to use to change the shipping paper entry for section 1(b) of Executive Order 12291 the same placard on both loaded tank empty packagings and empty portable and is, therefore, not a major rule. This care and tank cars which only contain tanks, cargo tanks, tank cars and multi is not a significant rule under DOT the residues of hazardous materials, unit tank car tanks that contain the regulatory procedures (44 FR 11034) and i Fifteen of thesecomments were from the residue of a hazardous material to requires neither a Regulatory Impact | chemical industry and theother three include in the description the word Analysis, nor an Environmental Impact were from safety or emergency response RESIDUE instead of the word EMPTY. Statement under the National ; personnel. Hie description will be preceded by the Environmental Policy Act (49 U.S.C. i III. Discussion words "RESIDUE: Last Contained ** v 4321 et. seq.). A regulatory evaluation is available for review in the Docket. Notwithstanding a rail carrrier's 3. Footnote 4 to Table 2 in 1 172.504 is B. Information Collection. No change reliance on the EMPTY placard for revised to change the placard name from in information collection is anticipated certain operational procedures (which EMPTY to RESIDUE. as a result of this rulemaking since the they say also enhances safety), MTB 4. Paragraphs (a) and (c) of 5 172.510 must consider hazard warning placards' are revised to change the special RESIDUE placard will replace the EMPTY placard. in light of their contribution to placarding provisions for rail from C. Impact on Small Entities. Based on emergency response as well. Based on the comments received and the knowledge gained by MTB from the "POISON CAS--EMPTY" to " POISON GAS--RESIDUE" in paragraph (a) and to change the placard name from limited information concerning size and nature of entities likely to be affected. I certify this final rule will not. as VVV 000017219 Federal Register / VoL 50. No. 1S7 / Thursday, September'26. 1985r / Rules and-Regulations^ " 39807^ promulgated, have a significant!' - v ' (172.203 Additional description . (2) Is reloaded with a material economic impact on a substantial -v requirements. . \t- requiring no placards or different * *' number of small entitieaundercriteria . * placards: or ;:I of the Regulatory Flexibility. Act,. " List of Subjects ! 49 CFR Part 171 .r___ **- - - (e) Empty packaging^. fl) The ... description on the shipping paper for a packaging containing the residue of a hazardous material may include the (3) Is sufficiently cleaned of residue' '^ and purged of vapor to remove any ' ' potential hazard. . .0 '' Hazardous materials transportation. Definitions. , , '. words "RESIDUE: Last Contained ** * in association with the basic description of the hazardous 7. Section 172.525 is revised to read as follows: 49 CFR Part 172. material last contained'in the packaging. 9 172J525 Standard requirements for the - . (2) For a tank car'containing the . RESIDUE placard. Hazardous maferialstransportation. Placarding.; v 1v - residue (as defined in 171.8) of a - hazardous material, the requirements of ", (a) Each RESIDUE placard must be as . ~ follows: 49CFR Port 373 - . : l . : 1 : - Hazardous materials transportation^..t. Packaging and containers. 49 CFR Pari 174 '- Hazardous materials transportation. - 9 174.25(c) and paragraph (e)(3) of this section apply. .^ (3) If a packaging, including a tank car, contains a residue that is a- hazardous substance, the description on the shipping papers must beprefaced ' with the phrase "RESIDUE: Last (1) The lower triangle of the RESIDUE placard must be black. The word ."RESIDUE" must be in white letters approximately 1 Yt inches (40 mm) high- made with approximately V inch (6 mm)_ of an inch stroke. < Railroad safety. Contained * *" andrthe letters "RQ" (2) The midsectlon of each RESIDUE - VL Rules aod'Regulations mu9t be entered on theshipping paper either before or after the basic . placard musfdisplay the appropriate' identification number as specified in :ln consideration of the foregoing, description. - - " $ 172.332 (c) and (d). Parts 171 through 174 of Title 49. Code of ' * t *':. ' Otherwise the RESIDUE placard must . Federal Regulations-are amended as-. follows: 5. In 172.504. Footnote 4. to Table 2 Is revised to read as fallows: be specified in 9 172.519 and Appendix-. B to this Part, and 172.528.172.53a 172.532,172.536,172.540.172.542.172.548; PART 171--GENERAL INFORMATION, 9 172.504 General placarding 172.54R 172.550,172.552,172.554. and REGULATIONS, AND DEFINITIONS ` 1; The authority citation for Part 171 continues to read as follows: requirements. * TABLE 2 e 172.55a as appropriate for the residue of , 4, the hazardous material being transported and required by this ' subchapter to be placarded. No other Authority: 49 U.S.C. 1803.1804.1808: 49 - placard may be used as a RESIDUE CFR 1.53, unless otherwise noted. . 2. Section 171.8 is amended by the addition m its correct alphabetic sequence, the following definition. 9 171.8 Definition, and abbreviations. "Residue" means the hazardous material remaining in a packaging after its contents have been emptied and before the packaging is refilled, or * A FLAMMABLE placard may be used on a cargo tank, a portable tank and a compartmented tank car during transportation by highway, rail or water, if they contain materials classed as Flammable liquid or Combustible liquid. However, no RESIDUE placard may be displayed on a tank car which only contains residue of a Combustible liquid. *t*** 6. In 172.510. paragraphs (a) and (cl are revised to read as follows: placard. . (b)The lower part of each placard must be specified in Appendix B to this Part and as illustrated on the FLAMhLABLE-RESIDUE placard which, except for size and color, must be as follows: cleaned and purged of vapor to remove any potential hazard. Residue of a hazardous materia!, as applied to the contents of a tank car (other than DOT Specification 106 or 110 tank cars), means a quantity of material no greater than 3 percent of the car's marked volumetric capacity. 172.510 Special placarding provisions: Rail. (a) Square background required. Each EXPLOSIVE A placard. POISON GAS placard and POISON GAS-RESIDUE placard affixed to a rail car must be placed on a square background as described in 172.527. a PART 172--HAZARDOUS MATERIALS TABLES AND HAZARDOUS MATERIALS COMMUNICATIONS REGULATIONS 3. The authority citation for Part 172 continues to read as follows: Authority: 49 U.S.C. 1603. 1804: 49 CFR 1.53, unless otherwise noted. 4. In 172.203. paragraph (e) is revised to read as follows: (c) RESIDUE placard. Each tank car containing the residue of a hazardous material must be placarded with the appropriate RESIDUE placards, as required in 172.525 and paragraph (a) of this section. The RESIDUE placard must correspond to the placard that was required for the materiel the tank car contained when loaded, unless the tank car-- (1) Contains the residue of a combustible liquid: (c) The RESIDUE placard must be as shown in paragraph (b) of this section and may be-- (1) A separate placard, (2) On the reverse side of a placard, or vvv 000017220 f&dgri;jtagirtaEt felfafc SQg^..W^^lhBtktonuSeptember^. ,3^5T^; Bafr.^id Hi fli1aHrnT >^^^^ATinriiMwjie piaria nrmriilngiii ihn mnrr thnn "UTimst rflhrrnfinntFnf- * 9174.9a - poettfea rngrateeta Writcm-. ;nr,\c; ->-y^^^firnhroaift>ki" P7,rtiTrt,il->rift-T1 j-jVij-i .-its dome. Before the car is offered far . ll>pUiy>nf.ftfSttUE.4i4c<frtmr>^f.$jJyw>.uv)^ ^ -}>ara^aph4a)(lQ) ofAppendix B.to tWjk^ rTeturn mOvementit must ba pfeearded- Ia-a tnm.M tank caMhaplayiitg: Mvi-TU/fl >Pgr*. T>< jnyfHr^pq^^Vsrfihiftil'!' ~ v with.CFTIAs\uamiAsFwBEuA.cnrUiBm-R_DEiSrcIrDnUirEE' RESIDUEpkcmdsiDaFynotbm-pkaredn r5rrr?Th|f^pnfl^r1^aid shontii'ka'sea Hadt^ placard*;*! rirtrTifacd l 4122J*25of< - nearer than the second car from an . .., .- ;; ^T .triangiehearing thaword EESnJUEio. this wdirhaptegt-^d*:-jM^tf^:frMa > engine or occupied caboose. ' '- ; J, -`51 .^whiteletterswiththe appropriate.-- ': .v v` hazardcfasa.iiumber in white. rr1. T+it ) *--U* Issued in Washington. D.C. on September r**.:?t** 19.1985 under authority delegated in49 CFR ;^ B-^Amended) -' ipendixBtoParti72,y PART 17+-CARR1AGE BY RAB_;u ;r`vo`v,i' 7,"li.TbeaV^rity.cilaticah2rRert 174. . continues to read as follows:j -r> " Authority: U ILSC.~lSDB.ia04. 180* 40 CPRlda. unUa otherwise noted Part 1. Appendix AM. Cynthia Douglass; Acting Director. Materials Transportation Bureau. * " . . " r [FR Doc.'85-22978 Filed 9-25-83; 8:45 am} ' J' ( BtllMO CODC MT0-40-U ~4 Spwificaiitms for P-l/a&c..a--rds*,.*'*'< ,, tr . ,, 13. In 5174.25, paragraph fcj Nr revised } ' ti-vrs? tt0o read as follows: . - .v1 i. ;ui .. V *-.---'j'jt7flafim*lS)-fB>lS".<Sz/mWin/?ftpkoan*lTthwe<. '^.n_*.r..' *--.1y7*42inS> .AddMkmM Informsitcn oa/rg-v --j**,*,h*fl*>--*MM****t,a,*--.7- --y 4ft CFR Part 195" (Amendment 195-33A; Docks! PS-ML \<t p*\ sperifirt^ioaaiPSlheivLA^tii^BUS^-*- ^ blfllnfe.. . ,4j-..ily r'jy; 5j(J. -^RESIDUE piacard are the mrw osthev. lo - - I-1 r'.*i Regulation of JntrasiatePipeline*; -j/r fTM- the ,rr.r. -i-V'.EESirrCEplacards: NON-KAMMABLE . " - (c) For a tkal containsadyh<1. .Correction - . ?i^AS: POISON GAS;CHLQRINE:l . %: OXYGPM; FLAMMAffiB GAS;. :.'ZZX ^ ` ^FLAMMABLE; fLAMMABIE SOLID; ^ . ^FLAMMABlBSOtlD Vft OXIDIZER: 1'. .ORGANICPERDXIDa POISON: and . V ; CORROSIVE:The lower triangle of each. the residue trfa iiaxtfdoas xiateoaL the -n shipping papers must contain the words^ < "RESTOUE: Last Contained F basic description of the hazardous " - * AGCNcr: Materiale'TkanflfKvtBtinD-> Bureau (MTB). OOTiy^-": - ; Z. Action:Plnaf rule: coireclion. '; ,; LUv>/ ' ^; t. malarial laat ranlainwlMi *h* taalf rior: : SUMMWU.HitdocwiBit corrects the - and the placard notation specified i* the ; date after which new intrastate -; .RESIDUE placard most be black. This second column of the table in paragraph pipelines must he.designed and ,, .;%r, rtrian^anmst be2-T/8 Inches (5(7ihmj r " - below the horizontal center line of the ' ;placard or adjacent to the lower edge of (a)(2) of this section followed by die- ^ v constrocted nr accordance with tht word RESIDUE. For example, - Federal safetystandards. The correction "RESIDUE Last Contained Sulfuric acid. conforms the dale with the effective? . ' - the while block for the identification Corrosive material. UN 1830. Placarded: date of the final rule for intrastate . number.The letters in the word RESIDUE mast be approximately 1% CORROSIVE-RESIDUE". For a tank car that mntaina only residue of a pipelines published April 23 1985'. (50 FR 15895). inches (40 mm) high, made with hazardous substance, the letters "RQ" FOR FURTHER INFORMATtON CONTACT: ` approximately ^ inch (8 mm) stroke. ` must also be entered on the shipping EM. Furrow. (202) 426-2382Therefore. The tetters most be located m the lower paper either before or after the basic 49 CFR Part 195 b amended as follows: black triangle and parallel to the horizontal center line of the placard. The description. * *g 1. The authority citation for Part 195continues to read as set forth beiow: hazard class number most be approximately 1 Vi inches (40 mm) high 13. In S 174-50, paragraph (e) is revised to read as follows: Authority: 49 U.S.C. 2002: 49 CFR 1.53 and Appendix A to Part 1. 5 and centered above the word RESIDUE. The RESIDUE placard may be made in 9174.50 Leaking tank cars. 2. In 195.401(c)(3) the date "October any of the three ways cited in * * 21.1985" is corrected to read "October 9 172.525(c). Subpart F of Part 172. (e) Open-flame lights may not be 20.1985". brought near a placarded tank car that Issued in Washington. DC. on September is leaking. 20.1985. PART 173--SHIPPERS--GENERAL * * M. Cynthia Douglass, '* REQUIREMENTS FOR SHIPMENTS 14. Section 174.69 is revised to read as Acting Director. Materials Transportation AND PACKAGINGS follows: Burecu. ( i* 0. The authority citation for Part 173 9 174.69 Removal ol placards and car [FR Doc. 85-22995 Filed 9-25-65; *45 am] continues to read as follows: certifications attar unloading. BILLING COOC 4S9-W-M Authority: 49 LLS.C 1803.1804.1808; 49 When lading requiring placards or car -3 CFR 1.53. unless otherwise noted. certificates is removed from a rail car 49 CFR Part 19S 10. In $ 173.150. the Ust sentence of paragraph (b)(3) is revised to read as follows: other than a tank car, each placard and car certificate must be removed by the person unloading the car. For a tank car which contained a hazardous material, [Docket PS-80] Transportation of Hazardous Liquids 173.190 Phosphorus, white or yeliow. the person responsible for removing the by Pipeline: Regulation of Intrastate * lading must assure, in accordance with Pipelines (b) * * (3j * After unloading, the person who unloaded the tank car must fill it to its entire capacity with an inert gas or must fill it with water having a temperature not exceeding 140`P. to not the provisions of 9 172.510(c) of this subchapter, that the tank car is properly placarded for any residue which remains in the tank car. 15. The section title and text of 9 174.93 are revised to read as follows: AGENCY: Materials Transportation Bureau. Research and Special Programs Administration (RSPA). DOT. ACTION: Response to petitions for reconsideration of final rule. vvv