[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Proposed Rules]
[Pages 57567-57569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28358]



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DEPARTMENT OF TRANSPORTATION
49 CFR Part 571

[Docket No. 93-02; Notice 11]
RIN 2127-AF79


Federal Motor Vehicle Safety Standards; Compressed Natural Gas 
Fuel Containers

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: In response to a request by the Aluminum Association, this 
document proposes amending the specifications in FMVSS No. 304, 
Compressed Natural Gas Fuel Container Integrity, with respect to CNG 
containers made with aluminum alloys. The proposed changes, if adopted, 
would make FMVSS No. 304 consistent with the most recent voluntary 
standard issued by the aluminum industry.

DATES: Comments must be received on or before January 2, 1996.

ADDRESSES: Comments should refer to the docket and notice numbers above 
and be submitted to: Docket Section, National Highway Traffic Safety 
Administration, 400 Seventh Street, S.W., Washington, D.C. 20590. 
Docket hours are 9:30 a.m. to 4 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Samuel 
Daniel, NPS-01.01, Special Projects Staff, Office of Safety Performance 
Standards, National Highway Traffic Safety Administration, 400 Seventh 
Street, S.W., Washington, D.C. 20590 (Telephone 202-366-4921) (FAX 202-
366-4329).
    For legal issues: Mr. Marvin L. Shaw, NCC-20, Rulemaking Division, 
Office of Chief Counsel, National Highway Traffic Safety 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590 
(Telephone 202-366-2992) (FAX 202-366-3820) (internet 
[email protected])

SUPPLEMENTARY INFORMATION:

I. Final Rule Establishing FMVSS No. 304

    On September 26, 1994, NHTSA published a final rule addressing the 
safe performance of compressed natural gas (CNG) containers 1 (59 
FR 49010). The final rule established a new Federal motor vehicle 
safety standard (FMVSS) FMVSS No. 304, Compressed Natural Gas Fuel 
Container Integrity. The Standard specifies pressure cycling, burst, 
and bonfire tests for the purpose of ensuring the durability, initial 
strength, and venting of CNG containers. In addition, the Standard 
specifies labeling requirements for CNG fuel containers. FMVSS No. 304 
took effect on March 27, 1995.

     1  When used as a motor fuel, natural gas is stored on-
board a vehicle in cylindrical containers at a pressure of 
approximately 20,684 kPa (3,000 psi). Among the terms used to 
describe CNG fuel containers are tanks, containers, cylinders, and 
high pressure vessels. The agency will refer to them as 
``containers'' throughout this document.
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    FMVSS No. 304 is patterned after the American National Standards 
Institute's (ANSI's) voluntary industry standard known as ANSI/NGV2. 
ANSI/NGV2 was developed by the Natural Gas Vehicle Coalition. ANSI/NGV2 
and FMVSS No. 304 specify detailed material and other requirements for 
different types of CNG containers, including those made with aluminum 
alloys. For each type of container, ANSI/NGV2 and FMVSS No. 304 specify 
a unique safety factor for determining the internal hydrostatic 
pressure that the container must withstand during the burst test. In 
addition, a container must meet the applicable material and 
manufacturing requirements as well as the burst test.
    FMVSS No. 304 specifies certain material and manufacturing 
characteristics for aluminum containers using alloy 6010 and alloy 
6061. The material characteristics specify the percentage of various 
elements, including magnesium, silicon, copper, and manganese. The 
specifications for the two aluminum alloys listed in FMVSS No. 304 were 
patterned after the specifications set forth in ANSI/NGV2. In 
establishing the specifications applicable to aluminum alloys, the 
Natural Gas Vehicle Coalition relied on the Aluminum Association 
Standards Data document (Sixth Edition 1979).
    On March 24, 1995, The Aluminum Association, Inc. (TAAI) submitted 
a letter to NHTSA, requesting several changes be made to FMVSS No. 304, 
with respect to specifications for aluminum alloys 6010 and 6061 which 
are used to make CNG fuel containers. TAAI stated that FMVSS No. 304 is 
inconsistent with the TAAI registered limits for materials used in 
these two aluminum alloys. That organization stated that because the 
1979 document, on which the FMVSS No. 304 composition tables are based, 
has been superseded several times in recent years, the chemical 
compositions for aluminum alloys set forth in FMVSS No. 304 do not 
reflect the current compositions for these alloys, as accepted by the 
aluminum industry. TAAI provided a copy of the most recent document in 
which the industry aluminum alloy specifications are contained: The 
Registration Record of Aluminum Association Designations and Chemical 
Composition Limits for Wrought Aluminum and Wrought Aluminum Alloys 
(Revised December 1993).
    The discrepancies between the 1993 Registration Record and FMVSS 
No. 304 are as follows:

Alloy 6010:
    *Chromium is shown in FMVSS No. 304 as an alloying element, as 
opposed to an impurity which it is, with a 0.05% minimum limit as well 
as the proper maximum limit of 0.10%

[[Page 57568]]

    *Limits are defined for both Bismuth (0.003% maximum) and lead 
(0.003% maximum). These individual elements are properly covered or 
included in ``Others Each'' in TAAI's registration.
    *Magnesium, silicon, copper, and manganese limits are shown to two 
decimal places, instead of one, for levels greater than 0.55%.

Alloy 6061
    *Magnesium limits are specified in FMVSS No. 304 as 0.60 to 1.20%, 
as opposed to TAAI registered limits of 0.8 to 1.2%.
    *Limits are defined for both bismuth (0.003%) and Lead (0.003%). 
These individual elements are properly covered in ``Others Each'' in 
TAAI's registration.
    *Magnesium, silicon, and iron limits are all properly covered to 
two decimal places, instead of one, for levels greater than 0.55%.

    After reviewing the information supplied by TAAI, NHTSA has decided 
to propose amending FMVSS No. 304 with respect to the aluminum alloy 
specifications for CNG containers. The proposed changes, if adopted, 
would make FMVSS No. 304 consistent with the most recent aluminum 
industry specifications for those materials.2 The agency requests 
comments about the appropriateness and safety implications of adopting 
TAAI's request.

    \2\ The agency has already corrected the magnesium limits for 
alloy 6061 to the range of 0.80 to 1.20, based on a typographical 
correction provided by the American Gas Association. This was 
published on July 24 1995, as part of a final rule on petitions for 
reconsideration on FMVSS No. 304 (60 FR 37836).
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Leadtime

    The statute requires that each order (i.e., final rule) shall take 
effect no sooner than 180 days from the date the order is issued unless 
good cause is shown that an earlier effective date is in the public 
interest. NHTSA has tentatively concluded that there would be good 
cause not to provide the 180 day lead time given that this amendment 
would have no adverse effect on manufacturers. The proposal merely 
proposes minor changes to the chemical compositions in FMVSS No. 304. 
Based on the above, the agency has tentatively concluded that there is 
good cause for an effective date 30 days after publication of the final 
rule. NHTSA requests comments about whether a 30 day effective date is 
appropriate or whether more lead time is necessary.

Rulemaking Analyses and Notices

1. Executive Order 12866 (Federal Regulatory Planning and Review) and 
DOT Regulatory Policies and Procedures

    This proposal was not reviewed under E.O. 12866. NHTSA has analyzed 
this proposal and determined that it is not ``significant'' within the 
meaning of the Department of Transportation's regulatory policies and 
procedures. A full regulatory evaluation is not required because the 
rule, if adopted, would have no effect on costs or benefits, since the 
proposal adopts current industry specifications. The aluminum alloys 
6010 and 6061 specified in FMVSS No. 304 have a slightly different 
composition than alloys manufactured in accordance with current 
specifications for these materials. TAAI did not identify any safety 
problems such as reduced strength, durability or resistance to 
environmental hazards that might result from this difference in 
aluminum specifications for CNG containers. The potential costs, 
benefits, and other impacts of not adopting this petition cannot be 
quantified at this time.

2. Regulatory Flexibility Act

    In accordance with the Regulatory Flexibility Act, NHTSA has 
evaluated the effects of this action on small entities. Based upon this 
evaluation, I certify that the proposed amendment would not have a 
significant economic impact on a substantial number of small entities. 
CNG container manufacturers typically would not qualify as small 
entities. Further, as noted above, the proposed changes would not have 
more than a minimal impact on the costs or benefits associated with 
FMVSS No. 304. Accordingly, no regulatory flexibility analysis has been 
prepared.

3. Executive Order 12612 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rule would not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

4. National Environmental Policy Act

    Finally, the agency has considered the environmental implications 
of this proposed rule in accordance with the National Environmental 
Policy Act of 1969 and determined that the proposed rule would not 
significantly affect the human environment.

5. Civil Justice Reform

    This proposed rule would not have any retroactive effect. Under 
section 103(d) of the National Traffic and Motor Vehicle Safety Act (49 
U.S.C. 30111), whenever a Federal motor vehicle safety standard is in 
effect, a state may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard. Section 105 of the Act (49 U.S.C. 30161) sets forth a 
procedure for judicial review of final rules establishing, amending or 
revoking Federal motor vehicle safety standards. That section does not 
require submission of a petition for reconsideration or other 
administrative proceedings before parties may file suit in court.

Public Comments

    Interested persons are invited to submit comments on the proposal. 
It is requested but not required that 10 copies be submitted.
    All comments must not exceed 15 pages in length. (49 CFR 553.21). 
Necessary attachments may be appended to these submissions without 
regard to the 15-page limit. This limitation is intended to encourage 
commenters to detail their primary arguments in a concise fashion.
    If a commenter wishes to submit certain information under a claim 
of confidentiality, three copies of the complete submission, including 
purportedly confidential business information, should be submitted to 
the Chief Counsel, NHTSA, at the street address given above, and seven 
copies from which the purportedly confidential information has been 
deleted should be submitted to the Docket Section. A request for 
confidentiality should be accompanied by a cover letter setting forth 
the information specified in the agency's confidential business 
information regulation. 49 CFR Part 512.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered, and 
will be available for examination in the docket at the above address 
both before and after that date. To the extent possible, comments filed 
after the closing date will also be considered. Comments received too 
late for consideration in regard to the final rule will be considered 
as suggestions for further rulemaking action. The NHTSA will continue 
to file relevant information as it becomes available in the docket 
after the closing date, and it is recommended that interested persons 
continue to examine the docket for new material. 

[[Page 57569]]

    Those persons desiring to be notified upon receipt of their 
comments in the rules docket should enclose a self-addressed, stamped 
postcard in the envelope with their comments. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.

List of Subjects in 49 CFR Part 571

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires.

    In consideration of the foregoing, the agency proposes to amend 
Standard No. 304, Compressed Natural Gas Fuel Container Integrity, in 
Title 49 of the Code of Federal Regulations at Part 571 as follows:

PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS

    1. The authority citation for Part 571 would continue to read as 
follows:

    Authority: 49 U.S.C. 322, 30111, 30115, 30117, and 30166; 
delegation of authority at 49 CFR 1.50.

    2. Section 571.304 would be amended by revising S5.2.2 to read as 
follows:


Sec. 571.304  Standard No. 304, Compressed Natural Gas Fuel Container 
Integrity

* * * * *
    S5.2.2 Aluminum containers and aluminum liners. (Type 1, Type 2 and 
Type 3) shall be 6010 alloy, 6061 alloy, and T6 temper. The aluminum 
heat analysis shall be in conformance with one of the following grades:

                   Table Two.--Aluminum Heat Analysis                   
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          Grade element           6010 alloy percent  6061 alloy percent
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Magnesium.......................  0.6 to 1.0........  0.8 to 1.2        
Silicon.........................  0.8 to 1.2........  0.40 to 0.8       
Copper..........................  0.15 to 0.6.......  0.15 to 0.40      
Chromium........................  0.10 max..........  0.04 to 0.35      
Iron............................  0.50 max..........  0.7 max           
Titanium........................  0.10 max..........  0.15 max          
Manganese.......................  0.20 to 0.8.......  0.15 max          
Zinc............................  0.25 max..........  0.25 max          
Others, Each (1)................  0.05 max..........  0.05 max          
Others, Total (1) (2)...........  0.15 max..........  0.15 max          
Aluminum min....................  Remainder.........  Remainder         
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    (a) ``Others'' includes listed elements for which no specific limit 
is shown as well as unlisted metallic elements. The producer may 
analyze samples for trace elements not specified in the registration or 
specification. However, such analysis is not required and may not cover 
all metallic ``other'' elements. Should any analysis by the producer or 
purchaser establish that an ``others'' element exceeds the limit of 
``Each'' or that the aggregate of several ``others'' elements exceeds 
the limit of ``Total,'' the material shall be considered non-
conforming.
    (b) The sum of those ``Others'' metallic elements 0.10 percent or 
more each, expressed to the second decimal before determining the sum. 
(Registration Record of Aluminum Association Designations and Chemical 
Composition Limits for Wrought Aluminum and Wrought Aluminum Alloys, 
The Aluminum Association, Inc. Rev. Dec. 1993)
* * * * *
    Issued on: November 13, 1995.
Barry Felrice,
Associate Administrator for Safety Performance Standards.
[FR Doc. 95-28358 Filed 11-15-95; 8:45 am]
BILLING CODE 4910-59-P