Final Rule Alert: PHMSA Removes ECP Brakes Requirement for HHFTs

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Final Rule in the Federal Register on Tuesday, September 25 to remove requirements for electronically controlled pneumatic brake systems (ECP brake systems) on “high hazard flammable trains” of HHFTs.

PHMSA says the requirements, put in place in 2015 in response to a rash of incidents involving crude oil shipped by rail, are “not economically justified.”  

PHMSA had previously denied an appeal to its new rules for HHFTs.

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What is an HHFT?

The 2015 regulation created new categories of trains subject to enhanced safety requirements, including ECP brakes, bolstered tank car design and protection standards, new sampling criteria for crude oil and other energy products, top speed restrictions and routing requirements, and more.

The two new definitions are:

High Hazard Flammable Train (HHFT) – a train comprised of 20 or more loaded tank cars of a Class 3 flammable liquid in a continuous block OR 36 or more loaded tank cars of a Class 3 flammable liquid across the entire train.

High Hazard Flammable Unit Train (HHFUT) – a train comprised of 70 or more loaded tank cars containing Class 3 flammable liquids traveling at speeds greater than 30 miles-per-hour.

Expanded Oil Spill Response Plan Rules for Rail

The enhanced safety measures for tank cars and trains should not be confused with a different new regulation, which aims to improve oil spill response on rail lines.

The 2016 proposed rule would expand the comprehensive oil spill response plans (OSRP) required for railroads that transport HHFTs.

Earlier this year, DOT indicated that they are working to complete this rule in 2018.

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Tags: crude, flammable, hazmat shipping, HHFT, oil, rail shipping