Explanation of changes, Amendment 9

Amendment 1: Table to section 1.3.1

This amendment updates the references to CGSB-43.147 and CGSB-43.126 to the 2008 versions of both standards. The CGSB-43.126 was formerly a National Standard of Canada and the edition, published in September 2008 is a new edition and is not an amendment to the existing standard.

This amendment also updates the references to the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions to the 2009-2010 edition. The 2009-2010 edition is now available in English and French and the update is a timely addition to this proposed amendment and is considered a routine amendment.

Amendment 2: Update of definitions in Section 1.4

Amendment 2 updates the definitions of the ICAO Technical Instructions and the Supplement to the ICAO Technical Instructions to the 2009-2010 edition. The 2009-2010 edition of the Supplement is now available in English and French and the update is a timely addition to this proposed amendment and is considered a routine amendment.

Amendment 3(1): Addition of new section 5.9

The new section 5.9 proposes not applying paragraph 4.11.3 c. in CGSB-43.147. This paragraph is part of section 4.11 that applies to Canadian tank car facilities and provides the documentation that must be submitted when applying for registration with the TDG Directorate. When this requirement came into force for the first time in 2003 it was deemed necessary in paragraph 4.11.3 c. to require the applicant to provide evidence that the facility had valid and current certification with the AAR as this industry association had been required to audit these facilities in the past. The requirements in paragraph 4.11.3 c. were intended to apply to the original application only and since registration is issued for three years, all facilities have been registered at least once. There is, therefore, no further need for this paragraph.

The new section 5.9 also proposes adding paragraph 4.6.4 to section 4.6 of

CGSB-43.147. This paragraph is added to quantify the limits and extent beyond which some types of defects to a tank car would be considered a danger to public safety if the tank car was to be transported with those defects present. The defects of concern generally take the form of dents and buckles.

Currently, the only regulatory requirement that addresses this issue is in Appendix W of the Association of American Railroads (AAR) M-1002 specifications for tank cars. It provides tank out-of-roundness criteria and requires a measurement of the diameter without specifying the means by which the diameter could be measured. The M-1002 wording can lead to unsafe interpretations in determining the acceptable depth of dents and buckles that are measured during service when it is generally impractical, if not impossible, to measure the tank diameter. Furthermore, the AAR requirement has essentially been established to apply during manufacturing and maintenance when it is practical and safe to work inside the tank.

The defect size criteria in the proposal provides a criterion for dents and buckles that can be easily established from design information without measuring the car diameter and the defect size can be readily measured. It is not seen as conflicting but, rather, as complementing existing regulatory requirements.

Amendment 3(2) and (3): Section 5.12

The proposed changes are housekeeping as a result of the changes to CGSB-43.126 or are editorial in nature. For example, in subsection 5.12(1), the intent of the proposed change is to skip section 18 of CGSB-43.150 which is the last mandatory section of part II. Section 19 of CGSB-43.150 notes where to get referenced material and does not need to be referenced.