Search

PHMSA Denies Appeals to New Class 3 Rail Rules

Posted on 11/20/2015 by Roger Marks

In the November 18, 2015, Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) officially responded to appeals from hazmat, chemical, and railroad industry groups regarding the May 2015 Final Rule to enhance tank car standards and operational controls for trains carrying Class 3 flammable liquids.

Click the link above to find out in the details of the Final Rule. Highlights include:
  • Defining two new types of trains: High-Hazard Flammable Trains (HHFTs) and High-Hazard Flammable Unit Trains (HHFUTs)
  • Restricting speed and requiring new braking technologies
  • Bolstering design requirements and performance criteria
  • New sampling, testing, and classification criteria for certain petroleum products   
Industry’s Concerns About New Class 3 Requirements

One major concern raised by industry groups is that shippers have little or no control over how the rail cars they offer are combined in a rail yard. A shipper may offer one tanker of crude oil, which does not trigger any additional braking or operational requirements. However, if this car is combined with many other cars carrying flammable liquids, it may trigger new requirements.

Therefore, at the time shippers offer the shipment, they have no way to know whether the tanker they use will be sufficient to ensure compliance. The only way to truly ensure compliance would be to either retrofit up to 40,000 existing DOT-111 specification tank cars to meet the new requirements or replace them with new, compliant DOT-117 tank cars, industry groups argued.

Groups like the Dangerous Goods Advisory Council, American Chemistry Council, Association of American Railroads, and the American Fuel and Petrochemicals Manufacturers all raised concerns, including the one detailed above. 

                                   rail car carries crude oil or Class 3 flammable liquid

PHMSA’s Response

In short, PHMSA disagrees with the points raised by industry groups, stating “[w]hile we respect the argument that both shippers and carriers of Class 3 flammable liquids by rail will face new challenges in the wake of these regulations, we maintain that they are capable of working together to comply with the requirements established by the Final Rule.”

PHMSA maintains that through “fleet management” rail yards can organize and combine rail cars in a way to maintain compliance with the provisions of the Final Rule.

Read PHMSA’s full denial of industry group’s appeals in the Federal Register.

Expert 49 CFR Hazmat Shipper Training

Get up to speed with the latest hazmat shipping regulations for ground, air, and ocean with interactive hazmat workshopsonline courses, and webinars at Lion.com. For hazmat shipping managers and personnel, staying up to date with rule changes is critical; missing a single mandate can lead to rejected shipments, incidents in transit, and DOT fines up to $75,000 per day/violation. Per 49 CFR 172.704, hazmat employee training is required within 90 days for new employees and at least once every three years thereafter.

Tags: DOT, hazmat, new rules

Find a Post

Compliance Archives

Lion - Quotes

Lion was very responsive to my initial questions and the website was user friendly.

Michael Britt

Supply Chain Director

I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down.

Nicole Eby

Environmental Specialist

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!

George Chatman

Hazardous Material Pharmacy Technician

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.