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Code · STATUTE-COMPILATIONS · Fixing America’s Surface Transportation Act · Sec. 7304

Sec. 7304. PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3 FLAMMABLE LIQUIDS

505 words·~2 min read·/statute-compilations/comps-13423/sec-7304

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## SEC. 7304 PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3 FLAMMABLE LIQUIDS **[**[49 U.S.C. 20155 note](/us/usc/t49/s20155)**]** ###
(a)In general Except as provided for in subsection (b), beginning on the date of enactment of this Act, 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. ###
(b)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 may extend the deadlines established under paragraphs
(3)and
(4)of subsection
(b)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, 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.
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  • 80 FR 26643
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Sec. 7304
PHASE-OUT OF ALL TANK CARS USED TO TRANSPORT CLASS 3 FLAMMABLE LIQUIDS
Fed. Reg.80 FR 26643
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