[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





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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]
BILLING CODE 4910-60-P