[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57943-57948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28626]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 571

[Docket No. 93-02; Notice 12]
RIN 2127-AF14


Federal Motor Vehicle Safety Standards; Fuel System Integrity of 
Compressed Natural Gas Vehicles; Compressed Natural Gas Fuel Container 
Integrity

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends Standard No. 303, Fuel System Integrity 
of Compressed Natural Gas Vehicles, and Standard No. 304, Compressed 
Natural Gas Fuel Container Integrity. It allows any appropriate fuel to 
be used for the bonfire test for compressed natural gas (CNG) 
containers and adds new labeling requirements for CNG vehicles and 
containers. This document also announces and explains the agency's 
decision to terminate rulemaking about additional performance 
requirements for CNG containers that the agency had proposed. 
Rulemaking may be resumed once revisions to the current voluntary 
industry standard for CNG containers are completed.

DATES: Effective date: The amendments in this document become effective 
September 1, 1996.
    Petitions for reconsideration: Any petition for reconsideration of 
this rule must be received by NHTSA no later than December 26, 1995.

ADDRESSES: Petitions for reconsideration of this rule should refer to 
the above mentioned docket number and be submitted to: Administrator, 
National Highway Traffic Safety Administration, 400 Seventh Street, 
S.W., Washington, D.C. 20590.

FOR FURTHER INFORMATION CONTACT: For non legal issues: Mr. Gary R. 
Woodford, NRM-01.01, Special Projects Staff, National Highway Traffic 
Safety Administration, 400 Seventh Street, SW., Washington, D.C. 20590 
(Telephone 202-366-4931 or 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 (202-
366-2992).

SUPPLEMENTARY INFORMATION:

I. Previous Agency Rulemakings
II. Comments to SNPRM
III. Agency Decision to Adopt Additional Labeling Requirements
    A. Overview of Labeling Amendments
    B. Vehicle Labeling
    C. Container Labeling
    1. Labeling Information
    2. Labeling Character Size
    3. Labeling Location
    4. Other Container Label Issues
IV. Agency Decision to Amend the Bonfire Test
V. Agency Decision to Terminate Rulemaking to Adopt Additional 
Performance Requirements
VI. Other Container Issues
    A. Reports by Manufacturers
    B. Aluminum Containers
VII. Rulemaking Analysis and Notices

I. Previous Agency Rulemakings

    NHTSA has recently established two Federal motor vehicle safety 
standards (FMVSSs) that affect motor vehicles fueled by compressed 
natural gas (CNG). On April 25, 1994, the agency published a final rule 
establishing Standard No. 303, Fuel System Integrity of Compressed 
Natural Gas Vehicles, which specifies tests and performance 
requirements for the fuel system of vehicles fueled by CNG. (59 FR 
19648) On September 26, 1994, the agency published a final rule 
establishing Standard No. 304, Compressed Natural Gas Fuel Container 
Integrity, which specifies tests and performance requirements 
applicable to a CNG fuel container's durability, strength, and pressure 
relief. (59 FR 49010) The September 1994 final rule also specifies 
labeling requirements for CNG fuel containers. The CNG container 
requirements are based on specifications in ANSI/NGV2, a voluntary 
industry standard addressing CNG fuel containers which was adopted by 
the American National Standards Institute (ANSI). 1

    \1\ NGV2 was developed by an industry working group that 
included container manufacturers, CNG users, and utilities.
---------------------------------------------------------------------------

    ANSI/NGV2 specifies four types of container designs. A Type 1 
container is a metallic noncomposite container. A Type 2 container is a 
metallic liner over which an overwrap such as carbon fiber or 
fiberglass is applied in a hoop wrapped pattern over the liner's 
cylinder wall. A Type 3 container is a metallic liner over which an 
overwrap, such as carbon fiber or fiberglass, is applied in a full 
wrapped pattern over the entire liner, including the domes. A Type 4 
container is a non-metallic liner over which an overwrap, such as 
carbon fiber or fiberglass, is applied in a full wrapped pattern over 
the entire liner, including the domes.
    On December 19, 1994, NHTSA published a supplemental notice of 
proposed rulemaking (SNPRM) to propose new labeling requirements 
applicable to CNG vehicles and additional ones for CNG containers. (59 
FR 65299) Along with a proposal to modify the bonfire test which 
evaluates pressure relief, the agency also proposed additional 
performance requirements and tests to evaluate a CNG container's 
structural integrity. Among the proposed tests were environmental 
cycling tests, a low temperature impact test, a gunfire test, a flaw 
tolerance test, a pendulum impact test, and a drop test. Each of the 
proposed performance requirements and test procedures were modeled 
after provisions in ANSI/NGV2 or are similar to those requirements. The 
agency tentatively concluded that modeling the Federal standard after 
ANSI/NGV2 would be the best available way to regulate how a CNG 
container reacts to such conditions as corrosive substances, 
temperature extremes, external damage, and high energy impact.

II. Comments on the SNPRM

    Fourteen commenters responded to the December 1994 SNPRM. The 
commenters included vehicle manufacturers (Ford and Navistar); CNG 
container manufacturers (EDO, Brunswick, Structural Composites 
Industries (SCI) and NGV Systems); trade associations interested in 
alternative fueled vehicles (the American Automobile Manufacturers 
Association (AAMA), the American Gas Association/Natural Gas Vehicle 
Coalition (AGA/NGVC) and the Compressed Gas Association (CGA)); and 
other organizations including Washington Gas, Taylor-Wharton Gas 
Equipment Division (Taylor-Wharton), Minnegasco, Toho Carbon Fibers, 
Inc. (Toho) and Futuretech Consultants (Futuretech).
    The commenters generally had reservations about adopting the 
performance requirements since the CNG industry is currently revising 
ANSI/NGV2. They urged that the agency wait until the industry completes 
its revision. In addition, the commenters generally supported the 
specific labeling requirements but had reservations about various 
aspects of the proposed performance requirements. 

[[Page 57944]]


III. Agency Decision To Adopt Additional Labeling Requirements

A. Overview of Labeling Requirements

    NHTSA has decided to amend FMVSS No. 303 and FMVSS No. 304 with 
respect to labeling CNG vehicles and containers. With respect to CNG 
vehicles, the agency has decided to require such vehicles to be labeled 
with information about the CNG container's service pressure and a 
statement about container inspection and service life. With respect to 
CNG containers, the agency has decided to require such containers to be 
labeled with the container type (e.g., Type 2), the statement ``CNG 
only,'' information about container inspection, and container service 
life.

B. Vehicle Labeling

    The April 1994 CNG vehicle final rule did not specify requirements 
for the labeling of CNG fueled vehicles. In the SNPRM, the agency 
proposed to amend FMVSS No. 303 to include two items of information:
    S5.3.1  The statement: ``Maximum service pressure ____________ kPa 
(____________ psig).''
    S5.3.2  The statement ``See instructions on fuel container for 
inspection and service life.''
    The agency believed that the first item of information would help 
assure that CNG containers are not overfilled during refueling. The 
second item's purpose is to assure that vehicle owners and operators 
are informed about container inspection. In addition, the agency 
proposed that, for vehicles manufactured or converted prior to the 
first sale to the consumer, the manufacturer provide this information 
in writing to the consumer, either in the owner's manual or in a one 
page statement. The agency requested comments about the need for 
vehicle labeling and written information bearing this and other 
information.
    AAMA, AGA/NGVC, SCI, Ford, and Minnegasco addressed the issue of 
vehicle labeling. AAMA, AGA/NGVC and SCI supported the proposed 
requirements. Ford's comments are somewhat contradictory in that it 
supports and participated in the preparation of AAMA's comments, but 
stated that it believes rulemaking on FMVSS No. 303 and FMVSS No. 304 
is premature at this time since NGV2 is currently being upgraded.
    NHTSA has decided to amend FMVSS No. 303 to include the vehicle 
labeling requirements that were proposed in the SNPRM for the reasons 
set forth in that document. The only exception is that instead of 
specifying ``maximum service pressure'' on the label, ``service 
pressure'' will be specified. This is consistent with the CNG container 
label. The rationale for this is discussed in section III.C.4 of this 
notice. With respect to Ford's comment, the agency notes that it is 
delaying rulemaking on the proposed amendments that address CNG 
containers. Since AGA/NGVC is revising NGV2 with respect to CNG 
containers and not vehicles, the agency believes that it is appropriate 
to adopt the amendments about the labeling of CNG vehicles.

C. CNG Containers

1. Labeling Information
    In the September 1994 final rule, NHTSA decided to require that a 
CNG container manufacturer certify that each of its containers complies 
with the equipment requirements by permanently labeling the container 
with the following information: (1) The statement that ``If there is a 
question about the proper use, installation, or maintenance of this 
container, contact [CNG fuel container manufacturer's name, address, 
and telephone number]''; (2) the month and year that the container was 
manufactured; (3) the maximum service pressure; and (4) the symbol 
``DOT'' which certifies that the container complies with all the 
standard's requirements. The agency stated that labeling the container 
would provide vehicle manufacturers and consumers with assurance that 
they are purchasing containers that comply with the Federal safety 
standards. In addition, the agency believed that the requirement 
facilitates the agency's enforcement efforts by providing a ready means 
of identifying the container and its manufacturer. NHTSA further stated 
that it planned to propose additional labeling requirements patterned 
after ANSI/NGV2. The agency explained that it could not require these 
additional items of information at that time, since such information 
had not been proposed.
    In the SNPRM, NHTSA proposed to amend S7.4 to require CNG 
containers to be labeled with the following additional information:
    (1) The container designation (Type 1, 2, 3, or 4),
    (2) The statement ``CNG ONLY,''
    (3) The statement: ``This container should be visually inspected 
after a motor vehicle accident or fire and at least every 36 months for 
damage and deterioration in accordance with the Compressed Gas 
Association (CGA) guidelines C-6 and C-6.1 for Type 1 containers and C-
6.2 for Types 2, 3, and 4 containers.''
    (4) The statement: ``Do Not Use After ____________________,'' 
inserting the year that is the 15th year beginning after the year in 
which the container is manufactured.
    NHTSA stated that it would be in the interest of motor vehicle 
safety to add this information to the CNG container label. The agency 
requested comments about the need for each of these proposed items of 
information and alternative ways to specify this information.
    NHTSA stated in the SNPRM that adding information about container 
type, e.g., Type 1, 2, 3 or 4, would be consistent with the agency's 
decision to adopt NGV2's manufacturing and material specifications in 
the CNG final rule. For instance, such information would facilitate 
oversight of compliance tests, since each type of container is required 
to undergo a hydrostatic burst test at a safety factor that varies 
according to container type.
    NHTSA has decided to require that CNG containers be labeled with 
this information, for the reasons set forth in the SNPRM. The agency 
received no comments addressing whether CNG containers should be 
labeled with information about the container type.
    NHTSA stated in the SNPRM that adding the phrase ``CNG ONLY'' would 
assure that CNG containers are used only for CNG and are not used for 
other fuels for which the containers were not designed, such as 
liquefied petroleum gas (LPG).
    NHTSA has decided to require that CNG containers be labeled with 
this information, for the reasons set forth in the SNPRM. The agency 
received no comments addressing whether CNG containers should be 
labeled with the phrase ``CNG Only.''
    NHTSA stated in the SNPRM that adding information about conducting 
periodic inspections in accordance with CGA pamphlets would help assure 
the safe use of CNG containers. The agency noted that the proposed 
requirement is consistent with ANSI/NGV2's guidelines for visual 
inspection of CNG containers after an accident or every 36 months. 
NHTSA sought comments about what the most appropriate interval would be 
and whether both a time interval and a mileage inspection interval 
should be specified.
    CGA, SCI, and Brunswick addressed the specific pamphlets referenced 
in the proposed labeling requirement. CGA and SCI stated that CGA 
pamphlet C-6.2 does not address Type 4 containers. CGA and SCI also 
stated that the agency should refer to pamphlet C-6.4, which 

[[Page 57945]]
is being developed by the industry and is expected to address Type 2, 
3, and 4 containers. Brunswick indicated that the agency should 
reevaluate the referenced CGA pamphlets, since they relate to CNG 
containers used in transport rather than CNG containers used to fuel 
motor vehicles.
    NHTSA has decided to adopt a reference to the CGA C-6, C-6.1, and 
C-6.2 cylinder publications. The agency believes that the final rule 
must reference inspection information about the in-use safety of CNG 
containers. The agency believes that the current CGA pamphlets provide 
valuable inspection information to help assure fuel container safety 
for Type 1, 2, and 3 containers.2 However, since the current CGA 
pamphlets do not apply to Type 4 containers, the agency believes that 
the label should not reference Type 4 containers. A representative of 
CGA has informed the agency that pamphlet C-6.4 should be completed 
this year. When that pamphlet is completed, the agency plans to propose 
modifying the standard to reference it.

    \2\ With respect to Brunswick's comment, NHTSA acknowledges that 
there is a difference between CNG containers used in transport and 
those used to fuel motor vehicles. Nevertheless, the agency believes 
that there are enough important similarities between the types of 
containers to warrant providing this safety information.
---------------------------------------------------------------------------

    Ford and Navistar addressed the issue of inspection interval. Ford 
recommended that the inspection statement include both time and mileage 
intervals, but did not specify the intervals. Navistar supported a 
regular container inspection interval of one year for exterior damage 
as well as inspection after an accident. In addition to visual 
inspection, Navistar recommended that each container undergo acoustic 
emission inspection and that containers not be removed from the vehicle 
or be over-pressurized, since these are actions that can reduce a 
container's life. Navistar did not state whether labeling should be 
required to indicate that an acoustic emission inspection should be 
done. Navistar also suggested that the Federal Highway Administration 
(FHWA) require periodic inspection of CNG fuel containers used for 
commercial vehicles.
    NHTSA agrees with Navistar's recommendation to specify a one year 
inspection interval. A one year time interval reduces the possibility 
that damage caused by external factors would go undetected, a situation 
that could lead to container failure. This time interval is also 
consistent with the Natural Gas Vehicle Coalition's document titled 
``Natural Gas Vehicle Inspection Program,'' (1994), which recommended a 
visual container inspection interval of one year. NHTSA also agrees 
with Ford's recommendation that the inspection interval include both a 
time and a mileage component because apart from time, mileage exposure 
could be a factor in leading to premature container failure due to 
exterior damage. A 12 month or 12,000 mile interval is consistent with 
the recommended interval for many motor vehicle warranties and routine 
maintenance items. Based on the above considerations, the agency has 
decided to require that the container label specify inspection 
intervals of 12 months or 12,000 miles.
    NHTSA believes that it would be inappropriate now to require the 
label to address acoustic emission testing. Such testing is still in 
its development phase. In response to Navistar's suggestion to have the 
FHWA inspect CNG containers on commercial vehicles, NHTSA has forwarded 
these comments to FHWA which will evaluate the merits of this 
recommendation.
    Minnegasco stated that while providing information about the 
appropriate time interval for inspection is necessary, ``properly using 
this information is non-enforceable or impractical'' for several 
reasons. It stated that preventive maintenance is not performed on most 
public vehicles. It also stated that this requirement assumes that the 
tanks are installed so that everyone has access to copies of and 
understands the visual inspection criteria in the referenced CGA 
documents and that the failure modes can be visually detected before 
failure.
    NHTSA agrees with Minnegasco that a time interval for inspection is 
necessary, since it informs vehicle owners and operators about 
important safety information on container inspection. While 
Minnegasco's concerns may be justified in the case of some vehicle 
owners, many others will benefit from this information. Accordingly, 
the agency has decided to require the label to contain information 
about inspections.
    NHTSA proposed requiring information about the container's service 
life in the belief that the vehicle owner should remove a CNG container 
from service after its design service life expires. As commenters on 
the NPRM stated, this is especially important since there is a finite 
period during which CNG containers can be used safely. The agency 
proposed 15 years because CNG containers built to follow ANSI/NGV2 have 
a design service life of 15 years. Nevertheless, the agency stated that 
it would allow a manufacturer to specify the service life length 
appropriate to its particular containers, since containers may be built 
for a service life other than 15 years.
    SCI, Brunswick, and AAMA commented about labeling a container with 
information about its service life. SCI and Brunswick recommended that 
the expiration month as well as the year be included in this statement. 
Brunswick stated that the revised ANSI/NGV2 document is proposing that 
containers be designed for a 20 year life. AAMA suggested that 
additional enforcement steps may be needed for users least likely to 
heed inspection and service life requirements, such as making vehicle 
registration contingent upon container inspection.
    NHTSA has decided that the CNG container label should include the 
following statements about service life:

    S7.4(h)  The statement: ``Do Not Use After ______/______,'' 
inserting the month and year to reflect the end of the 
manufacturer's recommended service life for the container.

This requirement is consistent with the request by SCI and Brunswick to 
include the expiration month and year on the label. This will enhance 
vehicle safety by further increasing the likelihood that containers do 
not remain in service beyond their useful life. NHTSA has decided not 
to adopt the SNPRM's proposal to specify a service life of 15 years. 
Instead, the length of a container's recommended service life will be 
left to the container manufacturer's discretion.
    As for AAMA's comment on vehicle registration, NHTSA does not have 
jurisdiction over this matter, which is a State function. If the AAMA 
wishes to pursue this matter, it should contact appropriate State 
authorities.
2. Label Character Size
    The SNPRM proposed that the characters on the container label be at 
least 12.7 mm (\1/2\ inch) in height. This is the same as the lettering 
height that had been specified in the final rule establishing FMVSS No. 
304 container label requirements.
    AAMA, Ford, CGA, SCI, and Brunswick commented that the proposed 
lettering height is too large and recommended a smaller size. They were 
concerned that the \1/2\ inch minimum character height requirement 
would result in unreasonably large labels that may wrap around small 
diameter containers. Commenters recommended lettering heights of \3/16\ 
inch, \1/4\ inch, and 3 to 6 mm. Brunswick recommended that the label 
statements ``CNG Only'' and ``Do Not Use After ________'' should be in 
\1/2\ inch 

[[Page 57946]]
characters but the other label statements should be smaller.
    NHTSA recently addressed the issue of letter height in its notice 
responding to petitions for reconsideration of the label statement 
requirements in the final rule establishing FMVSS No. 304. (60 FR 
37836; July 24, 1995) Several petitioners had requested that the label 
letter height of 12.7 mm (\1/2\ inch) be reduced. In the July 1995 
notice, the agency decided to reduce the lettering height to 6.35 mm 
(\1/4\ inch), which is more consistent with the label letter height 
recommended by commenters to the SNPRM. Since the agency continues to 
believe that this lettering size is appropriate, the agency has decided 
not to change the decision announced in the July 1995 notice which will 
help prevent oversized labels. The agency sees no reason to follow 
Brunswick's recommendation to highlight certain lettering with letters 
of larger size. Brunswick provided no rationale. The agency believes 
that none of the label information is of significantly greater 
importance than the other information.
3. Label Location
    In the SNPRM, NHTSA proposed that the container label be located 
within 30.5 cm (12 inches) of the end of the container containing the 
fuel outlet valve.
    SCI recommended that the location of the label on the container be 
left up to the container and vehicle manufacturer's discretion, or if 
this is not acceptable, that the label be centered on the longitudinal 
axis of the container where it would be least likely to be obscured by 
container mounting hardware. SCI stated that a label that is mounted 
within 12 inches of the outlet valve will most likely be obscured by 
container mounting hardware, or be on the curved section of long 
containers where mounting could be difficult. SCI also recommended that 
a duplicate label be located 180 degrees around the container to ensure 
one of the labels would be visible regardless of container orientation.
    NHTSA has decided not to adopt the requirement in the SNPRM 
regarding container label location so as to allow container 
manufacturers to mount the labels in the location where they will be 
most likely to be visible. The agency believes that in most cases, 
container manufacturers will be familiar with the configurations in 
which their containers are installed and will therefore be able to best 
determine the location on their containers that will provide the best 
visibility when mounted on vehicles. In addition, manufacturers have 
the option to follow SCI's suggestion of placing a duplicate label on 
the opposite side of the container to improve its visibility. Allowing 
the manufacturer to choose the mounting location should avoid 
compelling the mounting of labels on a section of the container where 
permanent mounting of the label could be difficult because the 
container's radius is changing along the longitudinal axis. NHTSA 
encourages CNG vehicle manufacturers and fuel system installers to 
mount CNG containers in such a manner that the label is plainly visible 
without having to remove it from the vehicle.
4. Other Container Label Issues
    The SNPRM stated that each CNG fuel container would be required to 
be ``permanently'' labeled. Also, the label would be required to 
include the ``DOT'' symbol, which would constitute a certification by 
the container manufacturer that the container complies with all 
requirements of this standard.
    SCI requested that the term ``permanent,'' as associated with fuel 
container labeling, be defined. SCI further stated that the ``DOT'' 
symbol without additional information is not meaningful, and suggested 
that the symbol be expanded to include the Standard number and the 
month and year of the Standard's effective date.
    SCI, Ford, and Brunswick also commented that the word ``maximum'' 
in the FMVSS 304 label requirement for ``maximum service pressure'' 
could be confusing to vehicle operators since it is not commonly used 
in the industry, and urged that it be eliminated. The ANSI/NGV2 
standard requires that the label include ``service pressure'' without 
the word ``maximum.''
    NHTSA notes that each of these issues were also raised in the 
petitions for reconsideration to the final rule establishing FMVSS No. 
304 and were addressed in the agency's recently published notice 
responding to the petitions. With respect to permanency, NHTSA 
explained in the notice that this term is intended to mean that ``the 
label should remain in place and be legible for the manufacturer's 
recommended life of the container.'' With respect to references to 
``maximum service pressure,'' the agency decided to specify ``service 
pressure'' on the container label to reduce confusion. With respect to 
the ``DOT'' symbol, the agency decided not to expand the symbol. This 
decision is consistent with the symbol's use in other Federal motor 
vehicle safety standards for items of motor vehicle equipment. The 
reader should refer to that notice for a complete discussion of these 
issues.
    In commenting on ``maximum service pressure,'' Brunswick stated 
that the industry standard for units of pressure measurement is ``bar'' 
rather than ``kPa'' with ``psig'' as the alternate. FMVSS 304 currently 
specifies service pressure in units of kPa (psig).
    NHTSA notes that ``kPa'' rather than ``bar'' is specified in FMVSS 
No. 304 because the agency has decided to use kPa for the metric fluid 
pressure measurement unit in all its safety regulations. Manufacturers 
are free to add the term ``bar'' if they so desire.

IV. Agency Decision To Amend the Bonfire Test

    In the September 1994 final rule, NHTSA decided to specify that No. 
2 diesel fuel be used to generate the fire in the bonfire test. As an 
interim measure, the agency specified No. 2 diesel fuel, despite 
knowledge that there are environmental problems associated with this 
type of fuel. The agency stated that it would study whether other fuels 
could be used for the bonfire test.
    In the SNPRM, NHTSA decided to propose amending the bonfire test 
conditions to allow alternative types of fuel. Specifically, the agency 
proposed that the bonfire test could be conducted with any fuel that 
generates a flame temperature equivalent to that of No. 2 diesel fuel 
(i.e., any fuel that generates a flame temperature of 850 to 900 
degrees C). NHTSA requested comments about the appropriateness of using 
flame temperature to define equivalence among fuel types.
    Commenters addressing the issue of bonfire fuel generally supported 
the proposal. EDO and Brunswick favored allowing any fuel as long as 
the specified temperature is maintained. Ford commented that the 
proposal was appropriate, provided that the flame characteristics of 
different fuels are similar. AGA/NGVC also supported the proposal.
    NHTSA has decided to amend section S8.3.6 to allow the bonfire test 
to be generated by any fuel that generates a flame temperature between 
850 and 900 degrees C for the duration of the test. As discussed in the 
SNPRM, this modification will provide greater flexibility to those 
conducting the bonfire test. Moreover, it will eliminate the provision 
requiring the use of a fuel that poses significant environmental 
problems.

V. Agency's Decision To Terminate Rulemaking To Adopt Additional 
Performance Requirements

    Most commenters requested that the agency delay adopting additional 
performance requirements for CNG 

[[Page 57947]]
containers until the industry completes revisions to its current 
voluntary standard for CNG containers, i.e., ANSI/NGV2, August 1992. 
The industry is revising and upgrading this standard in an effort to 
make it more performance based and to harmonize it with the Canadian 
Standards Association (CSA) standard for CNG fuel containers, B51--Part 
2. The revisions are also intended to address additional safety 
concerns, particularly the failure of two CNG containers on General 
Motors pickup trucks which occurred in 1994. The commenters stated that 
these revisions, which will result in significant changes to the 
current industry standard, are expected to be completed this year.
    Similarly, NHTSA received eleven petitions for reconsideration to 
the September 1994 final rule requesting that the agency delay further 
rulemaking until the industry completes its current revisions to ANSI/
NGV2. The petitioners were Brooklyn Union Gas Company, CGA, Dual Fuel, 
Inc., Econogas Fleet Systems, Hercules Aerospace Company, AGA/NGVC, 
Public Service Electric and Gas Company, Natural Gas Pipeline Company 
of America, Southwest Research Institute, Washington Gas, and The Car 
Doctor, Inc.
    NHTSA has decided to terminate further rulemaking on CNG container 
performance requirements since the agency anticipates that the new 
ANSI/NGV2 will be more performance oriented than the existing one on 
which the SNPRM was based. In addition, waiting until the industry 
completes its revisions will be consistent with international 
harmonization since the revisions are expected to make the standard 
more consistent with the Canadian standard on CNG containers. Waiting 
until the industry completes its revisions is also consistent with the 
President's directive on regulatory reform and the agency's efforts to 
implement that directive.
    Once the industry's revisions are completed, the agency will 
evaluate the revisions and then propose their adoption, as appropriate. 
The agency believes that in the interim, the safety of CNG containers 
will not be significantly compromised by not adopting the additional 
performance requirements. Information gathered by the agency during the 
development of FMVSS No. 304 indicates that all container manufacturers 
that commented on the NPRM were either certifying or building their 
containers to meet the provisions of ANSI/NGV2, including those on 
which the supplemental performance requirements were based. Further, in 
its comments to this SNPRM, AAMA stated that available CNG containers 
already meet the ANSI/NGV2 requirements.

VI. Other Container Issues

A. Reports by Manufacturers

    SCI requested that the agency add a requirement to FMVSS No. 304 
mandating that container manufacturers report to NHTSA accidents 
involving their products. SCI stated that this would be similar to the 
requirement included in DOT exemptions issued by RSPA. SCI also 
requested that the agency explain its enforcement authority.
    NHTSA has no authority to require manufacturers to report accidents 
involving its products. The agency, through its defect authority, can 
investigate such accidents to the fullest detail. In addition, NHTSA 
makes available to manufacturers its enforcement procedures for FMVSSs.

B. Aluminum Containers

    FMVSS No. 304 requires that CNG containers be manufactured from 
materials specified in the standard. Two aluminum alloys are specified 
in the standard for fuel containers: 6010 and 6061. The Northwest 
Aluminum Company and Luxfer have petitioned the agency to amend the 
standard by adding two more aluminums. Northwest requested that alloy 
6069 be added to the standard, and Luxfer requested an unspecified 
aluminum alloy from the 7000 series be included.
    NHTSA has decided to delay rulemaking activities on these petitions 
until it can review the soon-to-be completed new version of the 
industry standard, ANSI/NGV2. As Luxfer noted in its petition, the new 
ANSI/NGV2 requirements for CNG fuel containers will be more performance 
oriented than the current version of the standard. It is possible that 
the new industry standard will not specify CNG container materials, 
thereby allowing manufacturers considerably more flexibility to improve 
container designs with respect to cost and performance. The agency 
notes that adopting some of the requirements of the new ANSI/NGV2 
standard may eliminate the need to add the two new aluminum alloys to 
the current version of FMVSS No. 304.

VII. Rulemaking Analyses and Notices

A. Executive Order 12866 (Federal Regulation) and DOT Regulatory 
Policies and Procedures

    NHTSA has considered the impact of this rulemaking action under 
Executive Order 12866 and the Department of Transportation's regulatory 
policies and procedures. This rulemaking document was not reviewed 
under E.O. 12866, ``Regulatory Planning and Review.'' Further, this 
action has been determined to be ``nonsignificant'' under the 
Department of Transportation's regulatory policies and procedures. The 
agency has decided not to prepare a Final Regulatory Evaluation (FRE) 
because the impacts of these amendments are so minimal as not to 
warrant preparation of a full regulatory evaluation. The amendments 
made in today's final rule are requirements related to the labeling of 
CNG vehicles and containers, and as such do not result in significant 
increases in cost. In the FRE for FMVSS No. 304, the agency stated 
``The consumer cost for a label on each CNG fuel container certifying 
that the container meets the proposed equipment requirements is 
estimated to be in the range of $0.06 to $0.11 per label. This includes 
the cost of the label plus labor costs for attachment.'' This continues 
to be the case.

B. Regulatory Flexibility Act

    NHTSA has also considered the effects of this rulemaking action 
under the Regulatory Flexibility Act. Based upon the agency's 
evaluation, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. The 
amendments will result in only a nominal cost increase resulting from 
costs associated with requiring some additional labeling information. 
Information available to the agency indicates that businesses 
manufacturing CNG fuel containers are not small businesses.

C. Executive Order 12612 (Federalism)

    NHTSA has analyzed this rulemaking action in accordance with the 
principles and criteria contained in Executive Order 12612. NHTSA has 
determined that the rule will not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

D. National Environmental Policy Act

    In accordance with the National Environmental Policy Act of 1969, 
NHTSA has considered the environmental impacts of this rule. The agency 
has determined that this rule will have no adverse impact on the 
quality of the human environment. Allowing optional fuels in the 
bonfire test provides testing facilities with the ability to use less 
environmentally hazardous fuels.

E. Civil Justice Reform

    This rulemaking does not have any retroactive effect. Under 49 
U.S.C. 30103, whenever a Federal motor 

[[Page 57948]]
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, except to the extent that the 
State requirement imposes a higher level of performance and applies 
only to vehicles procured for the State's use. 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.

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 is amending Standard 
No. 303; Fuel System Integrity of Compressed Natural Gas Vehicles and 
Standard No. 304; Compressed Natural Gas Fuel Container Integrity, Part 
571 at Title 49 of the Code of Federal Regulations as follows:

PART 571--[AMENDED]

    1. The authority citation for Part 571 continues 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 571.303 is amended by adding S5.3, S5.3.1 and S5.3.2 and 
S5.4, to read as follows:


Sec. 571.303  Standard No. 303, Fuel System Integrity of Compressed 
Natural Gas Vehicles.

* * * * *
    S5.3  Each CNG vehicle shall be permanently labeled, near the 
vehicle refueling connection, with the information specified in S5.3.1 
and S5.3.2 of this section. The information shall be visible to a 
person standing next to the vehicle during refueling, in English, and 
in letters and numbers that are not less than 4.76 mm (3/16 inch) high.
    S5.3.1  The statement: ``Service pressure ____________ kPa 
(____________ psig).''
    S5.3.2  The statement ``See instructions on fuel container for 
inspection and service life.''
    S5.4  When a motor vehicle is delivered to the first purchaser for 
purposes other than resale, the manufacturer shall provide the 
purchaser with a written statement of the information in S5.3.1 and 
S5.3.2 in the owner's manual, or, if there is no owner's manual, on a 
one-page document. The information shall be in English and in not less 
than 10 point type.
* * * * *
    3. Section 571.304, is amended by revising S7.4, S8.3.2, S8.3.3, 
S8.3.4, S8.3.6, and S8.3.7 to read as follows:


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

* * * * *
    S7.4. Labeling. Each CNG fuel container shall be permanently 
labeled with the information specified in paragraphs (a) through (h) of 
this section. Any label affixed to the container in compliance with 
this section shall remain in place and be legible for the 
manufacturer's recommended service life of the container. The 
information shall be in English and in letters and numbers that are at 
least 6.35 mm (\1/4\ inch) high.
    (a) The statement: ``If there is a question about the proper use, 
installation, or maintenance of this container, 
contact____________________,'' inserting the CNG fuel container 
manufacturer's name, address, and telephone number.
    (b) The statement: ``Manufactured in ____________,'' inserting the 
month and year of manufacture of the CNG fuel container.
    (c) The statement: ``Service pressure ____________ kPa, 
(____________psig).''
    (d) The symbol DOT, constituting a certification by the CNG 
container manufacturer that the container complies with all 
requirements of this standard.
    (e) The container designation (e.g., Type 1, 2, 3, 4).
    (f) The statement: ``CNG Only.''
    (g) The statement: ``This container should be visually inspected 
after a motor vehicle accident or fire and at least every 12 months or 
12,000 miles, whichever comes first, for damage and deterioration in 
accordance with the Compressed Gas Association (CGA), Arlington VA, 
Guidelines C-6 and C-6.1 for Type 1 containers and C-6.2 for Types 2 
and 3 containers.''
    (h) The statement: ``Do Not Use After ____________'' inserting the 
month and year that mark the end of the manufacturer's recommended 
service life for the container.
* * * * *
    S8.3.2  The CNG fuel container is positioned so that its 
longitudinal axis is horizontal. Attach three thermocouples to measure 
temperature on the container's bottom side along a line parallel to the 
container longitudinal centerline. Attach one at the midpoint of the 
container, and one at each end at the point where the dome end 
intersects the container sidewall. Subject the entire length to flame 
impingement, except that the flame shall not be allowed to impinge 
directly on any pressure relief device. Shield the pressure relief 
device with a metal plate.
    S8.3.3  If the test container is 165 cm (65 inches) in length or 
less, place it in the upright position. Attach three thermocouples to 
measure temperature on the container's bottom side along a line which 
intersects the container longitudinal centerline. Attach one at the 
midpoint of the bottom of the container, and one each at the point 
where the dome end intersects the container sidewall. Subject the 
container to total fire engulfment in the vertical. The flame shall not 
be allowed to impinge directly on any pressure relief device. For 
containers equipped with a pressure relief device on one end, the 
container is positioned with the relief device on top. For containers 
equipped with pressure relief devices on both ends, the bottom pressure 
relief device shall be shielded with a metal plate.
    S8.3.4  The lowest part of the container is suspended at a distance 
above the fire such that the container bottom surface temperatures 
specified in S8.3.6 are achieved.
* * * * *
    S8.3.6  The fire is generated by any fuel that maintains a flame 
temperature between 850 and 900 C for the duration of the test, as 
verified by each of the three thermocouples in S8.3.2 or S8.3.3.
* * * * *
    S8.3.7  The fuel specified in S8.3.6 is such that there is 
sufficient fuel to burn for at least 20 minutes. To ensure that the 
sides of the fuel container are exposed to the flame, the surface area 
of the fire on a horizontal plane is such that it exceeds the fuel 
container projection on a horizontal plane by at least 20 cm (8 inches) 
but not more than 50 cm (20 inches).
* * * * *
    Issued on: November 16, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-28626 Filed 11-22-95; 8:45 am]
BILLING CODE 4910-59-P