49 USC 20155 - Tank cars

Editorial Notes

References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Puspan. L. 109–59, which was approved Aug. 10, 2005.

Statutory Notes and Related Subsidiaries

Phase-Out of All Tank Cars Used To Transport Class 3 Flammable Liquids

Puspan. L. 114–94, div. A, title VII, § 7304, Dec. 4, 2015, 129 Stat. 1596, provided that:

“(a)In General.—Except as provided for in subsection (span), beginning on the date of enactment of this Act [Dec. 4, 2015], all DOT–111 specification railroad tank cars used to transport Class 3 flammable liquids shall meet the DOT–117, DOT–117P, or DOT–117R specifications in part 179 of title 49, Code of Federal Regulations, regardless of train composition.

“(span)Phase-Out Schedule.—Certain tank cars not meeting DOT–117, DOT–117P, or DOT–117R specifications on the date of enactment of this Act may be used, regardless of train composition, until the following end-dates:

“(1) For transport of unrefined petroleum products in Class 3 flammable service, including crude oil—

“(A)January 1, 2018, for non-jacketed DOT–111 tank cars;

“(B)March 1, 2018, for jacketed DOT–111 tank cars;

“(C)April 1, 2020, for non-jacketed CPC–1232 tank cars; and

“(D)May 1, 2025, for jacketed CPC–1232 tank cars.

“(2) For transport of ethanol—

“(A)May 1, 2023, for non-jacketed and jacketed DOT–111 tank cars;

“(B)July 1, 2023, for non-jacketed CPC–1232 tank cars; and

“(C)May 1, 2025, for jacketed CPC–1232 tank cars.

“(3) For transport of Class 3 flammable liquids in Packing Group I, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2025.

“(4) For transport of Class 3 flammable liquids in Packing Groups II and III, other than Class 3 flammable liquids specified in paragraphs (1) and (2), May 1, 2029.

“(c)Retrofitting Shop Capacity.—The Secretary [of Transportation] may extend the deadlines established under paragraphs (3) and (4) of subsection (span) for a period not to exceed 2 years if the Secretary determines that insufficient retrofitting shop capacity will prevent the phase-out of tank cars not meeting the DOT–117, DOT–117P, or DOT–117R specifications by the deadlines set forth in such paragraphs.

“(d)Conforming Regulatory Amendments.—

“(1)In general.—Immediately after the date of enactment of this section [Dec. 4, 2015], the Secretary—

“(A) shall remove or revise the date-specific deadlines in any applicable regulations or orders to the extent necessary to conform with the requirements of this section; and

“(B) may not enforce any such date-specific deadlines or requirements that are inconsistent with the requirements of this section.

“(2)Implementation.—Nothing in this section shall be construed to require the Secretary to issue regulations, except as required under paragraph (1), to implement this section.

“(e)Savings Clause.—Nothing in this section shall be construed to prohibit the Secretary from implementing the final rule issued on May 08, 2015, entitled ‘Enhanced Tank Car Standards and Operational Controls for High-Hazard Flammable Trains’ (80 Fed. Reg. 26643), other than the provisions of the final rule that are inconsistent with this section.

“(f)Class 3 Flammable Liquid Defined.—In this section, the term ‘Class 3 flammable liquid’ has the meaning given the term flammable liquid in section 173.120(a) of title 49, Code of Federal Regulations.”

Thermal Blankets

Puspan. L. 114–94, div. A, title VII, § 7305, Dec. 4, 2015, 129 Stat. 1597, provided that:

“(a)Requirements.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall issue such regulations as are necessary to require that each tank car built to meet the DOT–117 specification and each non-jacketed tank car modified to meet the DOT–117R specification be equipped with an insulating blanket with at least ½-inch-thick material that has been approved by the Secretary pursuant to section 179.18(c) of title 49, Code of Federal Regulations.

“(span)Savings Clause.—Nothing in this section shall prohibit the Secretary from approving new or alternative technologies or materials as they become available that provide a level of safety at least equivalent to the level of safety provided for under subsection (a).”

Modification Reporting

Puspan. L. 114–94, div. A, title VII, § 7308, Dec. 4, 2015, 129 Stat. 1599, as amended by Puspan. L. 115–435, title III, § 302(c)(5), Jan. 14, 2019, 132 Stat. 5553, provided that:

“(a)In General.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Secretary [of Transportation] shall implement a reporting requirement to monitor industry-wide progress toward modifying rail tank cars used to transport Class 3 flammable liquids by the applicable deadlines established in section 7304 [set out as a note above].

“(span)Tank Car Data.—The Secretary shall collect data from shippers and rail tank car owners on—

“(1) the total number of tank cars modified to meet the DOT–117R specification, or equivalent, specifying—

“(A) the type or specification of each tank car before it was modified, including non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and

“(B) the identification number of each Class 3 flammable liquid carried by each tank car in the past year;

“(2) the total number of tank cars built to meet the DOT–117 specification, or equivalent; and

“(3) the total number of tank cars used or likely to be used to transport Class 3 flammable liquids that have not been modified, specifying—

“(A) the type or specification of each tank car not modified, including the non-jacketed DOT–111, jacketed DOT–111, non-jacketed DOT–111 meeting the CPC–1232 standard, or jacketed DOT–111 meeting the CPC–1232 standard; and

“(B) the identification number of each Class 3 flammable liquid carried by each tank car in the past year.

“(c)Tank Car Shop Data.—The Secretary shall conduct a survey of tank car facilities modifying tank cars to the DOT–117R specification, or equivalent, or building new tank cars to the DOT–117 specification, or equivalent, to generate statistically-valid estimates of the anticipated number of tank cars those facilities expect to modify to DOT–117R specification, or equivalent, or build to the DOT–117 specification, or equivalent.

“(d)Frequency.—The Secretary shall collect the data under subsection (span) and conduct the survey under subsection (c) annually until May 1, 2029.

“(e)Information Protections.—

“(1)In general.—The Secretary shall only report data in industry-wide totals and shall treat company-specific information as confidential business information.

“(2)Level of confidentiality.—The Secretary shall ensure the data collected under subsection (span) and the survey data under subsection (c) have the same level of confidentiality as required by section 3572 of title 44, United States Code, as administered by the Bureau of Transportation Statistics.

“(3)Designee.—The Secretary may—

“(A) designate the Director of the Bureau of Transportation Statistics to collect data under subsection (span) and the survey data under subsection (c); and

“(B) direct the Director to ensure the confidentially of company-specific information to the maximum extent permitted by law.

“(f)Report.—Each year, not later than 60 days after the date that both the collection of the data under subsection (span) and the survey under subsection (c) are complete, the Secretary shall submit a written report on the aggregate results, without company-specific information, to—

“(1) the Committee on Commerce, Science, and Transportation of the Senate; and

“(2) the Committee on Transportation and Infrastructure of the House of Representatives.

“(g)Definition of Class 3 Flammable Liquid.—In this section, the term ‘Class 3 flammable liquid’ has the meaning given the term flammable liquid in section 173.120 of title 49, Code of Federal Regulations.”