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DOT/PHMSA RIN: 2137-AF17 Publication ID: Spring 2016 
Title:+Hazardous Materials: FAST Act Requirements for Flammable Liquids and Rail Tank Cars 
Abstract:

PHMSA is issuing a final rule to codify certain mandates and minimum requirements set forth by the Fixing America’s Surface Transportation Act of 2015 (FAST Act). Specifically, the FAST Act mandates a new phase-out schedule for DOT-111 specification tank cars, including DOT-111 tank cars constructed to the Casualty Prevention Circular (CPC) 1232 (CPC-1232) industry standard, used to transport unrefined petroleum products e.g., petroleum crude oil, ethanol, and other Class 3 flammable liquids, irrespective of train composition. In addition, the FAST Act mandates that each tank car built to meet the DOT-117 specification, and each non-jacketed tank car retrofit to meet the DOT-117R specification, be equipped with an insulating blanket with at least -inch-thick material that has been approved by the Secretary pursuant to 49 CFR 179.18(c). Moreover, the FAST Act specifies minimum top fittings protection requirements for tank cars retrofit to meet the DOT-117R specification. Because the actions taken in this final rule address congressional mandates that instruct the Secretary to issue conforming regulatory amendments immediately or soon after the FAST Act’s date of enactment, PHMSA finds that due and timely execution of agency functions would be impeded by the procedures of public notice that are normally required by the Administrative Procedure Act (APA). Therefore, PHMSA finds that public notice is impracticable and that good cause exists to amend the regulations without advance notice and opportunity for public comment.

 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 49 CFR 173    49 CFR 179   
Legal Authority: 49 U.S.C. 5101 et seq.   
Legal Deadline:
Action Source Description Date
Final  Statutory    05/06/2016 

Overall Description of Deadline: Congressional Mandates

Timetable:
Action Date FR Cite
Final Rule  10/00/2016 
Additional Information: HM-251C
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Lad Falat
Director, Engineering and Research
Department of Transportation
Pipeline and Hazardous Materials Safety Administration
1200 New Jersey Avenue SE,
Washington, DC 20590
Phone:202 366-4545
Email: lad.falat@dot.gov