[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-636]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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Part III
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
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49 CFR Part 173, et al.
Construction of Cargo Tank Motor Vehicles; Final Rule
DEPARTMENT OF TRANSPORTATION
Research And Special Programs Administration
49 CFR Parts 173 and 180
[Docket No. HM-183; Amdt No. 173-212 and 180-2]
RIN 2137-AC37
Construction of Cargo Tank Motor Vehicles; Extension of
Compliance Date
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Final rule; extension of compliance date and announcement of a
public meeting.
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SUMMARY: RSPA is granting an extension for the continued construction
of cargo tank motor vehicles to the MC 306, MC 307, MC 312, MC 331, and
MC 338 specifications. The date is extended from April 21, 1994 to
August 31, 1995. This extension is based on comments received from the
Truck Trailer Manufacturers Association, the Heil Co., and members of
the Compressed Gas Association. This final rule allows cargo tank
manufacturers additional time to implement engineering procedures
required for manufacture of cargo tank motor vehicles to the new DOT
406, DOT 407 and DOT 412 specifications and to implement design
modifications as a result of changes to the structural integrity
calculations in the MC 331 and MC 338 specifications.
DATES: Effective: This final rule will become effective on March 14,
1994, unless RSPA receives, by February 11, 1994, comments that
illustrate that extension of the compliance date is not in the public
interest. Upon receipt of such comments, RSPA will publish a document
in the Federal Register withdrawing this final rule.
Public meeting: A public meeting will be held on February 7 and 8,
1994. It will begin at 9 a.m. on February 7, 1994.
ADDRESSES: Written comments: Comments may be mailed or hand-delivered
to the Dockets Unit (DHM-30), Research and Special Programs
Administration, U.S. Department of Transportation, 400 Seventh St.,
SW., Washington, DC 20590-0001. Comments should identify the docket and
notice number and be submitted in five copies. Persons wishing to
receive confirmation of receipt of their comments should include a
self-addressed stamped postcard. The Dockets Unit is located in room
8421 of the Nassif Building, 400 Seventh Street, SW., Washington, DC
20590-0001. Telephone: (202) 366-5046. Public dockets may be reviewed
between the hours of 8:30 a.m. and 5 p.m., Monday through Friday except
Federal holidays.
Public meeting: The public meeting will be held at the U.S.
Department of Transportation (Meeting room 2230, Nassif Building), 400
Seventh Street SW., Washington, DC, 20590-0001.
FOR FURTHER INFORMATION CONTACT: Ronald Kirkpatrick, telephone (202)
366-4545, Office of Hazardous Materials Technology, or Jennifer Karim,
(202) 366-4488, Office of Hazardous Materials Standards, Research and
Special Programs Administration, U.S. Department of Transportation,
Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
A. Background
RSPA published final rules under Docket Nos. HM-183/HM-183A
establishing three new cargo tank specifications designated as DOT 406,
DOT 407 and DOT 412 (June 12, 1989, 54 FR 24982; May 22, 1990, 55 FR
21035; September 7, 1990, 55 FR 37028; June 17, 1991, 56 FR 27872). The
rules also made changes to the structural integrity calculations for
the MC 331 and MC 338 cargo tanks.
To allow manufacturers sufficient time to implement changes in
their manufacturing operations, RSPA provided for the continued
manufacture of cargo tanks to the MC 306, MC 307 and MC 312
specifications until August 31, 1993. However, as manufacturers began
implementing the new requirements, certain technical issues were
brought to RSPA's attention. To allow time for resolving these issues,
RSPA extended the date that cargo tanks may no longer be constructed to
the MC 306, MC 307, MC 312, MC 331 and MC 338 specifications from
August 31, 1993 to April 21, 1994 (March 8, 1993, 58 FR 12904).
On March 3, 1993, RSPA published a notice of proposed rulemaking
(NPRM) proposing to amend certain requirements for the manufacture,
qualification and maintenance of cargo tank motor vehicles (March 3,
1993, 58 FR 12316). The NPRM was in response to petitions for
rulemaking received after publication of the final rules. The NPRM
addressed certain technical requirements for the construction of the
DOT-400 series specifications and the structural integrity calculations
in the MC 331 and MC 338 specifications. The comment period for the
NPRM closed on June 15, 1993.
A public meeting to address issues raised in the NPRM was held in
Chicago on March 24 and 25, 1993. At the meeting, several significantly
different views of design engineers and cargo tank manufacturers were
identified. Additionally, preliminary results were presented at the
public meeting of an advanced structural evaluation (using finite
element analysis) of the MC 331 cargo tank which raised questions in
regard to stress levels in areas of concentrated loadings.
In response to the NPRM and to issues raised at the public meeting,
commenters requested that RSPA provide a one-year continuation for
construction of cargo tanks to the MC 306, MC 307, MC 312, MC 331 and
MC 338 specifications. The commenters stated that they need time to
finalize their engineering designs, develop written specifications,
order raw materials, and establish new training requirements. Because
of the complexity and impact of issues that will be addressed in the
final rule and new concerns raised by the commenters, RSPA is extending
the compliance date to August 31, 1995. However, because industry did
not request an extension of the provisions specified in Sec. 178.337-6,
pertaining to inspection opening or manhole requirements for certain
smaller cargo tanks, RSPA is not extending the April 21, 1994
compliance date specified in that section.
RSPA is issuing this extension of the compliance date because we
view this as a noncontroversial amendment and do not anticipate any
adverse comments. This final rule will be effective March 14, 1994,
unless by February 11, 1994, RSPA receives comments that illustrate
that extension of the compliance date is not in the public interest.
Upon receipt of such comments, RSPA will withdraw this final rule
before the effective date by simultaneously publishing two subsequent
documents. One document will withdraw this final rule and another will
begin a new rulemaking by announcing a proposal to extend the
compliance date and establishing a comment period. If no such comments
are received, RSPA will publish a document in the Federal Register
confirming that this final rule will be effective on March 14, 1994.
B. Public Meeting
The process of developing the DOT-400 series cargo tank motor
vehicle specifications and of updating the MC 331 and MC 338 cargo tank
motor vehicle specifications has extended over more than ten years.
During this time, the process has been conducted in accordance with the
Administrative Procedure Act, with the attendant advantage of offering
ample time for manufacturers and users to comment on proposed changes
and to provide alternative means of achieving enhanced safety of cargo
tank motor vehicles in hazardous materials service. Some major issues,
however, remain unresolved. These issues pertain to structural
integrity, accident damage protection, use of dual function pressure
relief devices, and ASME certification of low pressure cargo tank motor
vehicle manufacturers. Changes endorsed several years ago are now being
questioned by some industry members. In addition, RSPA received several
petitions for rulemaking raising certain issues not previously
addressed.
RSPA will conduct a public meeting, in an effort to resolve these
issues. The following issues will be discussed at the times noted:
Date: February 7, 1994 9 a.m. until 12 p.m.
MC 331 and MC 338 Specifications
Structural integrity. Several commenters have expressed concern
over the application and combination of loadings used to determine the
effective stress at any given point on a cargo tank motor vehicle.
Based on industry's experience in design, operation, maintenance and
repair of high pressure cargo tank motor vehicles, RSPA solicits
information on loading combinations that may be encountered during the
operation of these tanks.
Date: February 7, 1994, 1 p.m. until 5 p.m. and February 8, 1994, 8
a.m. until 5 p.m.
DOT 406, DOT 407 and DOT 412 Specifications
1. Structural integrity. Several commenters have expressed concern
over the application and combination of loadings used to determine the
effective stress at any given point on a cargo tank motor vehicle.
Based on industry's experience in design, operation, maintenance and
repair of cargo tank motor vehicles, RSPA solicits information on
loading combinations that may be encountered during the operation of
these tanks.
2. Accident damage protection. Several commenters have stated that
it is not possible to meet the prescribed accident damage protection
requirements. RSPA solicits information on alternative means to provide
cargo tank motor vehicles with adequate bottom, rollover, and rear-end
protection.
3. Dual function pressure relief devices. Several commenters have
stated that it is not possible to design dual function pressure relief
devices. However, advertisements in trade magazines indicate that such
vents are available. RSPA solicits data on the development and
availability of dual function pressure relief devices.
4. ASME certification of low pressure cargo tank motor vehicle
manufacturers. The Cargo Tank Manufacturers Association (CTMA)
submitted for RSPA's consideration a quality control program for
manufacturers of low pressure DOT 406 cargo tank motor vehicles as an
alternative to requiring each manufacturing facility to have ASME
Certification. Copies of the CTMA proposal are available in RSPA's
Docket Unit. RSPA solicits specific comments on the adequacy of the
CTMA proposal; particularly in the areas of manufacturing quality
control and independent inspection. Information received at the public
meeting and in response to the NPRM will be used in the development of
the final rule under Docket HM-183C. However, RSPA may make certain
issues subject to a separate rulemaking action.
C. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is exempt from review by the Office of Management
and Budget under Executive Order 12866. Although the June 12, 1989
final rule was significant under the regulatory procedures of the
Department of Transportation (44 FR 11034), this document is not
significant because it does not impose additional requirements and has
the effect of extending a compliance date. This rule, in fact, provides
regulatory and economic relief in some areas. The original regulatory
evaluation of the final rule was not modified because this final rule
does not impose additional requirements and does not make substantive
changes to the final rule.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612 (``Federalism''). The
Hazardous Materials Transportation Act contains an express preemption
provision (49 App. U.S.C. 1804(a)(4)) that preempts State, local, and
Indian tribe requirements on certain covered subjects. Covered subjects
are:
(i) The designation, description, and classification of hazardous
materials;
(ii) The packing, repacking, handling, labeling, marking, and
placarding of hazardous materials;
(iii) The preparation, execution, and use of shipping documents
pertaining to hazardous materials and requirements respecting the
number, content, and placement of such documents;
(iv) The written notification, recording, and reporting of the
unintentional release in transportation of hazardous materials; or
(v) The design, manufacturing, fabrication, marking, maintenance,
reconditioning, repairing, or testing of a package or container which
is represented, marked, certified, or sold as qualified for use in the
transportation of hazardous materials.
This final rule concerns the manufacturing requirements for
packagings represented as qualified for use in the transportation of
hazardous materials.
This final rule preempts State, local, or Indian tribe requirements
in accordance with the standards set forth above. The HMTA (49 App.
U.S.C. 1804(a)(5)) provides that if DOT issues a regulation concerning
any of the covered subjects after November 16, 1990, DOT must determine
and publish in the Federal Register the effective date of Federal
preemption. That effective date may not be earlier than the 90th day
following the date of issuance of the final rule and not later than two
years after the date of issuance. RSPA has determined that the
effective date of Federal preemption for these requirements will be 90
days after publication in the Federal Register.
Thus, RSPA lacks discretion in this area, and preparation of a
federalism assessment is not warranted.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule applies to
manufacturers of DOT specification cargo tank motor vehicles.
Paperwork Reduction Act
This amendment imposes no changes to the information collection and
recordkeeping requirements contained in the June 12, 1989 final rule,
which was approved by the Office of Management and Budget (OMB) under
the provisions of 44 U.S.C. chapter 35 and assigned control number
2137-0014.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
49 CFR Part 180
Hazardous materials transportation, Motor carriers, Motor vehicle
safety, Packaging and containers, Reporting and recordkeeping
requirements.
In consideration of the foregoing, title 49, chapter I of the Code
of Federal Regulations, is amended as set forth below.
PART 173--SHIPPERS-GENERAL REQUIREMENTS FOR SHIPMENTS AND
PACKAGINGS
1. The authority citation for part 173 continues to read as
follows:
Authority: 49 App. U.S.C. 1803, 1804, 1805, 1806, 1807, 1808,
1817; 49 CFR part 1, unless otherwise noted.
Sec. 173.33 [Amended]
2. In Sec. 173.33, the following changes are made:
a. In paragraph (c)(4), the date ``April 21, 1994'' is revised to
read ``August 31, 1995''.
b. In paragraph (d)(1), the date ``April 21, 1994'' is revised to
read ``August 31, 1995''.
PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS
3. The authority citation for part 180 continues to read as
follows:
Authority: 49 App. U.S.C. 1803; 49 CFR part 1.
Sec. 180.405 [Amended]
4. In Sec. 180.405, the following changes are made:
a. In paragraph (b), the date ``April 21, 1994'' is revised to read
``August 31, 1995''.
b. In paragraph (c)(1) table, under column 2, the date ``April 22,
1994'' is revised to read ``September 1, 1995.''
Sec. 180.413 [Amended]
5. In Sec. 180.413, in paragraphs (d)(1)(i), (ii) and (iii), the
date ``April 21, 1994'' is revised to read ``August 31, 1995''.
Sec. 180.417 [Amended]
6. In Sec. 180.417, in the heading of paragraph (a)(3), the date
``April 22, 1994'' is revised to read ``September 1, 1995''.
Issued in Washington, DC on January 6, 1994 under authority
delegated in 49 CFR Part 1.
Rose A. McMurray,
Acting Administrator, Research and Special Programs Administration.
[FR Doc. 94-636 Filed 1-11-94; 8:45 am]
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