Chemical Facility Security News

There are currently three rules recently published in the Federal Register dealing with the security and safety of rail transportation of various hazardous chemicals. All three rules are in the comment period. Generally speaking the comments made on each of these rules are posted on the Regulations.gov web site. The last review was posted on 4-28-08 (see: "Comments on Rail Security and Safety Rules – 4-25-08").

Comments are to be submitted by June 2, 2008. The FRA added a number of additional documents to the docket file. There were no other comments on this docket. The added documents were:

• Relative Effectiveness of AAR Industry Standard and Government Proposed Performance Standard – Explains the methodology DOT used to evaluate the relative effectiveness of the proposed DOT design and the industry proposed design.
• Influence of Shell Thickness on Tank Car Shell Impact Performance – Explanation of the method of analysis used to evaluate the influence of shell thickness on impact performance.
• Update on Ongoing Tank Car Crashworthiness Research: Research Overview – A copy of a presentation made to the Fertilizer Institute on 2-14-08.
• Update on Ongoing Tank Car Crashworthiness Research – A copy of a presentation made to the Tank Car Builders.
• Update On Ongoing Tank Car Crashworthiness Research: Predicted Performance And Fabrication Approach – A copy of an article published in the Proceedings of 2008 IEEE/ASME Joint Rail Conference.
• Analysis Of Railroad Tank Car Shell Impacts Using Finite Element Method - A copy of an article published in the Proceedings of 2008 IEEE/ASME Joint Rail Conference.
• Analysis of Impacts Associated with Restricting Poisonous by Inhalation (PIH) Train Speeds to 30 mph in Non-Signalized Territory – Explains the DOT reasoning for restricting the speed of PIH trains to 30 mph in non-signaled territory.
• Major Railroad Accidents Involving Hazardous Materials Release: Composite Summaries 1969-1978 – A copy of a 1980 report on railroad accidents.

• Impact Performance of Draft Gears in 263,000 Pound Gross Rail Load and 286,000 Pound Gross Rail Load Tank Car Service – A copy of a 2006 DOT report on effects of over-weight tank cars.

Comments are to be submitted by May 16, 2008. No new comments filed.

Comments are to be submitted by June 16, 2008. No comments have been posted since the proposed rule was published.

The lack of public comment on these three rules is disappointing. The Federal rule making structure relies on the input of private citizens, organizations, and companies to ensure that the rules used to regulate the country are the product of the views of both the government and the governed.

While the first two rules are on their second round of comments, the original comments were made some time ago and do not necessarily remain germane. This is especially true when you consider how much these rules have changed since they were last published for comments. Additionally, there were specific requests for information and comments in the current proposed rules.

The most controversial of these three rules, the Route Security Analysis Rule, has had no public comments. I find this particularly surprising considering the vehemence expressed in comments on this blog (see: "Another comment related to Railroad Hazmat Route Selection Rule"). The comment period for this rule ends this coming Friday. It will be interesting to see what happens between now and then.

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